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HomeMy WebLinkAboutTT15011_NEWPORTER NORTHC I TYROF NEWPORT BEACH ROLL CALL iSUMMI Ayes Noes MINUTES Ln QCr W X M P Cn Q o U � J U H Z 0 January 9,1995 Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed portions of Council Policy F-1. He also stated that he felt "no one person should have the authority to put money where he or she thinks is the best." In response to Mr. Soffer, Council Member ONeil dicated it is the Finance Committee's opinion that the should have the discretion do invest, reinvest, move mon around, etc., in order to take the best advantage of the ket place. He noted that all of the City s controlled within very specific guidelines investme\es and are la short-term investments. Also, at the last Committefing, they reviewed reports from three investmenis, and he is quite comfortable that the City is invve couservafively and that the funds are not in anydy w tsoever.x Followingderation, otion was made by Council Member l to adopt C cil Policy F-1 as revised, includinghree changes recommended by the Finance tor in the for oing, but that the sentence ding "interest ed be returned to reserves"eleted from said Po key and referred back to the Finance Committee for furl ker review and report back to the Council Council Member Glover stated she will be vo ' against the motion because she feels that interest ea m hould be returned to reserves. The motion was voted on and carried. x x x x x x PUBLIC HEARINGS 20. Mayor Pro Tent 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 Newporter Resort and San Joaquin Hills Road): Volume 49 - Page 12 INDEX Ten Map/ Tract 15011 Site Pln Review 70 C I T7c* Off' NEWPORT41BEACH MINUTES ROLL CALL Ir A ¢ � W (3 w O W W ? January INDEX reserves given the fact of the Orange County Bankruptcy issue, but would accept referring it back to the Finance Committee to determine whether this provision should remain in F-1 or be added to Council Policy F-2. Council Member Edwards slated he had no objection to referring the above portion of Policy F-1 back to the Finance Committee for further review. Council Member Glover, also member of the Finance Committee, stated she felt it was imperative for the City to uild up its reserves, and would not be in favor of this n tler being referred back to the Finance Committee. May r Pro Tem Dcbay stated that in the past, the City has been to to use interest earnings for capital projects as well ppiement tie City's budget; however, because of the 0 e County Bankruptcy issue, and the uncertainty of the hn ct de State's budget will have on the City, she suggested ie words "unless otherwise directed by Council" be dded after the word "reserves" at the end of the referen sentence. Council Membe Cox stated he does not disagree with the desire to build u City reserves, however, he does not think it is n to approach it in a rigid policy statement because th n it is being looked at out of context with the budget itself, a stated that many agencies have looked at interest higs as a way of providing a revenue stream of keep' g user fees down, etc. He felt this is the type of an i c that should be looked at annually to determine he much should be put into reserves or elsewhere based n financial conditions that are taking place in the market t that time. Council Member O'Neil, Cl ran of the Finance Committee, slated that he had co iderable involvement in the proposed revisions to Couny Policy F-1, and has talked at length with the Mayor as to by he is suggesting that die subject of "interest cam be returned to reserves." He stated that as a statement f general policy, the Committee felt it was a healthy si to be sending out to the staff and community, recog Wn however, that it maybe unrealistic in the short term. He oes feel it is appropriate to have the Finance Committee e a second look at this issue in view of the Mayor's cone don with the City Manager, and inasmuch as the langua may be a little too rigid as referenced by Council Member x. Dolores Otting, 17 Hillsborough, addressed the cii inquiring as to exactly how much the City has ' its reserves. She also felt the Council should be more ly prudent in its spending, and indicated her support tl interest earned should be returned to reserves and used fo capital improvement projects. She also asked how much money tiie City earned in interest from the various investment pools. Volume 49 - Page 11 CITY -OF NEWPORT -BEACH MINUTES ROLL CALL to ¢�¢� Q EZ W 'n A 0' 'W J Z January 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 unanimously 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 staff 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 receive public input. Tom Redwitz, Vice -President of Development and Entitlement, The Irvine Company, addressed the Council and noted as follows: this project is part of the Circulation Improvement and Open Space Agreement approved by the City Council in 1992 and the California Coastal 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 Newporter North project, the City will begin to derive the benefits of that agreement; similar to their other properties in the agreement, the Newporter North site was a subject of over five years of extensive dialogue, community input, and consensus building to arrive at the final plan; the result 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 wetlands, enhanced and heavily landscaped setbacks along Jamboree Road, and views from portions of Jamboree Road to the lower bay area Insummary, 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 stafffor their help in bringing this project to the City Council at this time. Allan Beek, 2007 Highland Avenue, addressed the Council and stated that one of the most refreshing things about living in Newport Beach is the views of the Ocean and Bay, and he would hope that the views from Jamboree Road could be preserved, as he felt it enhances the quality of life for the residents as well as increases property values. He urged the Council to demand that the project be redesigned to preserve those views from the first turn leaving Santa Barbara Avenue southerly onto Jamboree Road. Volume 49 - Page 13 C I TYMOF NEWPORTEACH v MINUTES ROLL CALL to ¢�M' W 3 M= to u d' 'W 0 J o Tannary9,199s INDEX Gordon Glass, 2024 Avenida Chico, addressed the Ten Map / Council and slated that in 1992 he appeared before both Tract 15 011 the Planning Commission and City Council when the EIR for this project was being considered He distributed copies of the letter he wrote at that time which referenced, in part, his concems with the loss of public view from motorists soutibouxd on Jamboree Road. He stated that Jamboree Road is one of the major entmnoes into the City, heavily traveled by visitors, commuters, and residents. fine view in question is, especially during the seven or eight colder months of clear air and crisp views, both refreshing and inspiring. It is the only comprehensive overview of the harbor, peninsula, 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 Planned Community District Regulations for the Nevporlcr North site as enumerated in his letter. He stated that once die development is built, the existing view will be lost forever. He invite! the Council to drive or walk Jamboree Road with him to see wbatan inspiring view will no longerbe df this proposal is approved. I& Redwitz responded 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 well as in the ER He referenced die Site Plan on display and showed where the development has been "pulled back" along Jamboree Road to allow for views to the lower bay area In reply to Mr. Relwitz, Mr. Glass addressed the Council again and stated that the view at that point is the back of Newporter Knoll, unless a motorist turns his head ninety degrees to the right to catch a glimpse of the Upper Bay through narrow John Wayne Gulch, and that contradicts the previous text about speed of motorists. He felt the maid reason for the pullback is topography and the proposed building pads are so far above the downhill Jamboree Road at that point it will require extensive and unbuildable slopes. He stated lie is dismayed the Planning staff did not question that'Umsy promise." Council Member Watt noted that back in 1986, a measure was defeated which would have allowed the expansion of Newport Center and peripheral sites, including this one, which would have doubled in the number of houses bad it been approved She stated she feels that over the years, the City has come a long way in retaining some of the values on the site. Volume 49 -Page 14 F CITY*OF NEWPORT BEACH MINUTES ROLL CALL N � a�paAxoz Q 3 Q= N ' 0 LY "' 0 J 0 January 9,1995 INDEX Discussion continued; and in response to questions raised Ten Map / by Council Member Watt, Mr. Redwitz referred to the Tract 15011 Site Plan and stated that the berming that would occur along Jamboree 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 Community Text as part of the approval of the Circulation Improvement and Open Space Agreement The magnum height of the two story homes will be 29 feet 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 geotechnical engineer who has looked at the site and has determined that they can adequately mitigate any soil stability issue along that edge of property. In response to the concerns 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 prepared; however, it was felt that the building and grading permits for the remainder of the site should not be held up until those decision are made. He stated that he will be working with staff the resources agencies, and The Irvine Company in the design of that access. Mr. Witt addressed the Council again and explained the 7-lot 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. There 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 stated that the project as currently planned, does not provide for a viewscape 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 see a view over the existing homes, would require an export of many thousands of yards of dirt. This site is currently balanced and they have graded the lower tier so that they can accommodate the viewscapes defined in the agreement Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and stated that if a person wants a view, then that individual ,should in tam buy it He indicated that a property owner has the right to develop his land within City regulations. Hearing no others wishing to address the Council, the public hearing was closed Volume 49 -Page 15 CITY OF NEWPORT BEACH ROLL CALL Motion All Ayes Motion All Ayes MINUTES N � M W Q 3 M W g g w 2 X O 0 O J� 0 Ld Z 0 January 9,1995 in speaking to this projcet, Mayor Pm Tcm Dcbay stated that in response to the Council listening to all the voices in the community, the City went through a costly and elaborate exercise in determining the will of the n*rity of the people in this City, and it was recognized. We now recogaize private property rights. We cannot expect or allow the public to design projects belonging to the owner of a property. She believes The Irvine Company has been very sensitive to all voices and has found a suitable design in the considerate compromise. She submits that the speed of tmifrc on Jamboree Road does not accommodate a prolonged viewing opportunity, but she felt that The Irvine Company has met the conditions that were imposed on it in the approval. rr Hearing no further remarks, motion was made by Council Member, ,,.Glover to sustain the action of the Plannine Commission. x 17. Following a brief mass, Council Member OWell advised thatRobertI- Nicholson, the applicant regarding Agenda Item No.17, APPEAL FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS on Balboa Island, had just approached ]ma and told lnhn that he ]red arrived too late to address thG Council regarding his appeal on the nsent Calendar, and therefore, motion was made by nell Member O'Neil to reconsider this item on Jan ry 23,1995. PUBLIC HE GS 21. Mayor Pro era Debay opened the public hearing regarding ERAL PLAN AMENDMENT 94- Z� - Request o the Community Services Department to amend the Use Element and the Recreation and Open Space ement of the General Plan to designate the public eet segment of Bolsa Avenue between Old Newport B ovard and Broad Street for park purposes. The am dment of the Land Use Element of the General P will include an area description for the park in the rt. The amendment to the Recreation and Open S Element of ttre General Plan will add the park sit to Service Arra.3 as a mini park in the Recreation and n Space Plan and on the Service Area 3 Map; and acceptance of an EnvironmentalDocument. Report from Planning Department Letter from R. U. Hall and R E. Iinil Family Li 'ted Partnership, expressing concern over the lack of parking in the area and traffic flow to the Riversi Post Office. Volume 49 - Page 16 INDEX Permit/Appeal Nicholson (65) GPA94-2 (A) (45) 0 0 City Council Meeting January 9, 1995 Agenda Item No. odd CITY OF NEWPORT BEACH TO: Mayor and Members of the City FROM: Planning Department SUBJECT: A Tentative Mar) of ract No.15011 (Public Hearine) 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. 0 B. Site Plan Review No. 70�ublic Hearin 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 Applications 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 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. Suggested 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. Planning 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 DAMES D. HEWICKER, Director By. . , PatriciaL. 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 P1J1%-U`1.ANma,PAT1Y-T CMPR%7U15011.DOC COMMISSIONERS 1\077 o ��A��L\ Db Ar-i �,� NUTES CITY OF NEWPORT BEACH nAC@mher R. 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. 5. 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 Co 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 Map of Tract No 15011 (Public Hearing) Item xo.8 Request to subdivide 89.2 acres of land into 173 numbered TTM 15011 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 street purposes; and the acceptance of an environmental document. -29- 3 COMMISSIONERS k o�s�;,�`A'�o s 0 CITY OF NEWPORT BEACH MINUTES December 8 1994 ROLL CALL INDEX AND 3. 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 .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 subject site was one of twelve parcels owned by The Irvine Company which were addressed in the Circulation provement and Open Space Agreement (CIOSA). The rvine Company is generally in concurrence with the findings nd conditions of approval in Exhibit W with a few xceptions. The development proposed will result in 173 esidential units which is 39 units less than the 212 units flowed 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 Aridth proposed by the applicant which necessitates the xception to the subdivision of the Code, combined with the -30- 't 7 COMMISSIONERS d4�0��� odrs`p0 CITY OF NEWPORT BEACH MINUTES December 8 1994 ROLL CALL INDEX 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 urisdictional requirements of the U. S. Fish and Wildlife Service, he California Department of Fish 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 the Environmental 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 -31- 5 COMMISSIONERS 10 0 CITY OF NEWPORT BEACH MINUTES . ... \ `� +� O O\"' m r ROLL INDEX CALL Wildlife Service does not have any permit jurisdiction over the rails. The Irvine Company does not want to be involved in a jurisdictional conflict between the City and the resource genies. 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 delayed if necessary permits are withheld by any of the genies. The Irvine Company is concerned that situations could occur with regard to the implementation of the trails, nd that the public not be misled with respect to the completion of the trails. n response to comments by Commissioner Pomeroy with respect 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 oncerns, and the proposed project is designed to ccommodate those concerns. Ms. Temple stated that it is the ntent 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 Entitlement for The Irvine Company, appeared before the Planning Commission. He stated that with the implementation of the subject project the City will receive -32- COMMISSIONERS • 4 0�� 9 0,�°`��'0 s CITY OF NEWPORT BEACH MINUTES December 8 1994 ROLL CALL INDEX 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 'W', 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, 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. mmissioner 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 fated 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- 7 COMMISSIONERS N�L�s 0 CITY OF NEWPORT BEACH MINUTES Decemher R. 1994 ROLL CALL INDEX Commissioner Pomeroy expressed a concern regarding the legal implications that could occur regarding aforementioned odified Condition Nos. 12 and 13, which could delay ompletion of the bluff top trails. Mr. Redwitz reappeared efore the Planning Commission. Iie indicated that The wine Company requests acknowledgement from the Planning ommission that they may have some approvals to obtain in 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 ildlife 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 modiCcations 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 Tanning 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 provement is required to construct a pedestrian trail. Mr. aniscaico addressed the trails and open space area where etlands and endangered species exist, and he emphasized at it is necessary to receive support from the U. S. Fish and ildlife Service. n reference to the sentence The trail plans can be processed eparately from the residentialtract plans, Ms. Temple stated -34- COMMISSIONERS • 6 MINUTES Mot All CITY OF NEWPORT BEACH nP.remhe.r R_ W94 ROLL INDEX CALL hat the only detriment that the City can determine is that it ould 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 odified language would be deleted it is possible that there ould 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 pedestrian trail, no active park facilities, and is primarily 'ewed as open space and access to open space. ion Motion was made and voted on to approve Tentative Map of Ayes rract 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- 9 COMMISSIONERS \_I MINUTES CITY OF NEWPORT BEACH December 8 1994 ROLL INDEX CALL 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).) 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 I 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. 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- (D COMMISSIONERS • CITY OF NEWPORT BEACH MINUTES vecemoer a iyyw 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. 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). 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. 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- I I COMMISSIONERS \ 0 1 9 mo °�.a CITY OF NEWPORT BEACH MINUTES December 8. 1994 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 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. 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 0 MINUTES CITY OF NEWPORT BEACH ioecemoer a iyy,+ 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. 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 areas of coastal sage scrub. other adjacent 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 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 prior to issuance of a grading -39- �3 COMMISSIONERS ►._J MINUTES CITY OF NEWPORT BEACH rru u- ROLL CALL INDEX 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 alielopathic 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- 11 COMMISSIONERS d� O'��,�,dS,`�O c�� • 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- i5 COMMISSIONERS `��P,sue\ CITY OF NEWPORT BEACH MINUTES vecemDer a iyw+ ROLL INDEX CALL 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 No.. 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. 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. 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 I QNV�" � &\0 0 CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL INDEX CALL 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, 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. 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. 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- 1� COMMISSIONERS J CITY OF NEWPORT BEACH MINUTES December 8, 1994 r ry v� 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. 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 "IT'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- COMMISSIONERS 4 do 00Gr�� p p0 0 0�Q2rs 10 CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL INDEX CALL R. 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- 19 COMMISSIONERS • k «.99-�.6 -C)O" offib s� r1 LA CITY OF NEWPORT BEACH MINUTES December 8. 1994 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- COMMISSIONERS 16 %05001_0�NOQa CITY OF NEWPORT BEACH MINUTES December 8. 1994 ROLL CALL INDEX 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 a minimum roadway width of 48' widened to provide 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. S. 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 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. After the completion of roadway improvements along Jamboree Road, including traffic signal modifications -47- �,l COMMISSIONERS MINUTES CITY OF NEWPORT BEACH \ A liecemoer a iyy4 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 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. 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. 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 foot easement for water, -48- r COMMISSIONERS 16 CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL CALL INDEX 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 of this line shall be approved by the Utilities 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- 2.3 COMMISSIONERS �0 s y CITY OF NEWPORT BEACH MINUTES December 8, 1994 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 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, a reduction in the number of single family building sites, or the addition of larger lots in parts of the subdivision. -50- COMMISSIONERS `151 �'S CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL CALL INDEX 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 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 W 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 No 7 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. -51- X6 COMMISSIONERS • MINUTES CITY OF NEWPORT BEACH nAoAmhor R 100d ROLL CALL INDEX 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, 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. -52- �6 Planning Commission Meeting December 8, 1994 Agenda Item No. 8 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A Tentative May of Tract No. 15011 (Public Hearine) 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 (Public Hearinz) 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 Applications 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 z'� TO: Planning Commission - 2. Planned Community District Regulations, as well as Section 20.01.070 of the Newport Beach Municipal Code. Environmental Significance j This project was ongmally 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 insignificance. 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 j 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. Sublect Property and Surrounding Land Use The subject property is a vacant site on the westerly side of Jamboree Road between the Newporter Resort and San Joaquin 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 Newporter Resort with Back Bay Drive beyond. To the east, across Jamboree Road, are the Sea Island condominiums, the Newport TO: Planning Commission - 3. Beach Country Club, the Newport Harbor Chamber of Commerce, the Newport Beach Police facility and automobile -related commercial uses. Compliance 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 corner 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 fine 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 to 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 3u 6 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, sin gle-f uall units is generally considered to be more desirable than attached housing, which could easily be accommodated 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 ad'acent to the existing bluff which will be of significant benefit to development. Two thirds of encompassedlanTby the subdivision is to beset aside for public park or open space uses. The average landarea per dwelling unit exclusive of streets is 201496 sq.ft., which is greater than the 5,000 sq.ft. per lot requied 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: Street N1;t114 A Newporter Way B Point Estero C Point Reyes D Point Vega E (N/W of Newporter Way) Point Reyes E (SIB of Newporter Way) Point Vega F (N/W of Newporter Way) Point Reyes F (SIE of Newporter Way) Point Vega G Point Cabrillo �1 TO: Planning 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: I. 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 Ian dscape, 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 !c 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 Mitigation 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. Mitigation 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 per driveway counted to meet the requirement. The site plan shows two garage spaces per unit, and 126 spaces on driveways. The remaining 220 parking spaces will be required on 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 M 6 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 opinion 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 map requirin. the provision of the Code required parking, in the dimensions recommended by the City Traffic Engineer. Compliance with this condition may regire 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 of the subdivision. S. Development shall be consistent with specific General Plan policies and objectives, the adopted Circulation Improvement and Open Space Agreement, and shall not preclude the implementatfon 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. 5. 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 compliancewith this requirement. �,3 TO: Planning Commission - 7. 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 of, 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. HEWICHER, Director By r l- It Patricia L.Temple Advance Planning Manager PLT:..\PLANNING\PATTY.7\PMPR\7M15011.DOC Attachments: 1. Exhibit "A" 2. Negative Declaration 3. Tentative Tract Map 4. Site Plan, Floor Plans, and Elevations -�q 0 q TO: Planning Commission - 8. 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 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 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. 3. Prior to the acceptance of the slopes facing San Joaquin Hits Road by the City, the lower portions ofthe slope shall be stabilized in a mariner 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 -bb 0 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 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). 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 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. 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. 3t 9 TO: Planning Commission -10. 10. 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 withal 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 gradinp/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 scrub habitat shall be removed from east to west to allow the California Gnatcatcher to disperse into other adjacent area 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 restorationlrevegetation 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 compositionn 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 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. 15. Wetlands buffers shall be provided to protect wetlands areas consistent with the CIOSA Agreement, and California Department of Fish and Game and' Coastal Commnission 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 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 beinvasive and produce allelopaWc chernicals that inlu'bit growth of other plants. Eucalyptus trees shall be eliminated and replaced with Mexican elderberry or coast live oak. Both species are native. tiJ1 TO: Planning Commission - 11. 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. 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), aCity-approved biologist shall be retatned 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. 3� 0 9 T0: 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. 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, 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 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. 3A 0 0 TO: Planning Commission - 13. 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 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 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 drain 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 Attorney's office. Er 4 9 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 49' 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 IT 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. 1 S. 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 Hills 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 RC.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 L�\ 0 i 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 minimum of one per unit shall be provided on -street or q-V 0 0 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. PLT.t.W PSt1PLANMChPAnY-71PC1SPRWA=.DOC a'b CI'N OF NEWPORT BEAC14? 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92659.1768 • (714) 644.322S NEGATIVE DECLARATION To: From: City of Newport Beach 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 P.O. Box 838 Date received for filing at OPR: Santa Ana, CA 92702 Eblicreviewperiod November 3 1994 thru December 7, 1994 NameQfProject: Newporter North (TTM 15011) Jamboree Road at Santa Barbara Drive, Newport Beach Project Location: Project Description: Subdivision and Site Plan Review for 173 single-family, detached units on lots averaging 4,000 sq.ft. Finding. Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and 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 mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision-maker(s) prior to final action on the proposed project. If a public hearing will be held to consider this 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 prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why theyare significant, and what mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be hold, you are also invited 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 P, 0 PA I:ra,"L0 Date Nnvrmber $, 1994 Patricia L. Temple Advance Planning Manager `fl Rc%iscd 11N1�0 i INITIAL STUDY NEWPORTER NORTH INTRODUCTION Title of Proposal: Newporter North Date Checklist Submitted: 11/7/94 Project Applicant: California Pacific Homes Agency Requiring Checklist: City ofNewport Beach Agency Address: P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 Agency Contact: 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 are 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. qt 0 0 INITIAL STUDY NEWPORTER NORTH ENVIRONMENTAL CHECKLIST AND EVALUATION I PROIECTHISTORY/PREVIOUSENVIRONMENTALDOCUMENTATION 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 Ball, 3300 Newport Boulevard, Newport Beach, CA 92663. Subsequent to the CiVs 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 seeidng 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. H. PROJECT DESCRiPTTON PROJECT LOCATION The Newporter North project site is located in the City of Newport Beach, Orange County, California. Exhibit I is a map depicting the location of the site. 2 0 i 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, western, and northern sections of the site. These areas include the Newporter Knoll (32.0 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). 0 4 j )� Exhibit 1 VICINITY MAP Newporter North Site City of Newport Beach Planning Department November7,1994 LA XXU 10 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 I-Els 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. 5 I • NEWPORTER NORTH NEV?OATBEicmf.m=Rm CWFORNR PPNr' CiFI1�C HOMES11 r �� ��• aoi roan i � � r Rp rY•• • P p• r i \ � r •p p[y1i41 71M1LlW LM•W1 s<. S i OWNM . ,I..gR.m..P,. PReARM FOR iY.�,I.RrrrwMq_ rwrwr�YP� 11P�W�AFM Hh. L\�a,IN.Y YIq/Ili IMµi.Mwir•'�gl+ PANSIgG �.HULSilpgi a t—��a�—wxac tOf1Y WP rlMl[fO6r HMaE tll� x � ar�oie[ IICIO r vdL MI Ib0 YR bWM 1\lif IIYu 4, m x cF4 r- n z a. • NEWPORTER NORTH - NEWPORTlEKH.GEffORMA CALIFORNIAPACIFIC HOMES L - Imo;!%/ Gamey =s-, a 1oNrtu l0-1 M!X 8TW AA wr ma wo mn gS�G- OWNEFt O Mwhi(mww/ rwwr MUM? `l W. IFS r � M � n.� n� hM lyy{II L : M6fvFlM �1M1[f11H! 11MtE i11'6f MCXIO[WMN ' . . ss .f wxalao aw ,Iyp.I wsrao \ \ ♦ . \ _` - • vw 3r c F2 SHE 30F 70 III. ENVIRONMENTAL EVALUATION PREVIOUS ENVIRONMENTAL DOCUMENTATION/INCORPORATION BY As discussed in Section I, Project FIiistorylPrevious 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 r r� 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 EIR. 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 subsegttem activity result in any impacts not Identified in the cerJ/fted Program EIR prepared for 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 m 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 EI1L The criteria used in the evaluation of impacts are stated on page 69, Volume I of the 1992 Final CIOSAProgram 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 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-NewporterNorth Site Plan and Tentative Tract Map 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 Elk 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 Bills 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 Hills 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 subsequent activity result in any impacts not identified in the certified Program EIR preps ed for the project, in the following m eas. Yes Maybe No 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 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 of the 1992 Final CIOSA Program EIR. 11 !l 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 ofunique 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 of vacantlopen space areas. Changes or alterations in the project were required or were otherwise incorporated into the project and Mitigation Measure I 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-Newporter North 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 1992Final 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 9 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 Frills 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 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 EIR. The applicant has provided landscape and grading plans for the bluff top setback area pursuant to adopted Mitigation Measure 1. 13 5� 0 TRANSPORTATION/CIRCULATION Will this subsequent activity result in any Impacts not identlfred hi the certified Program EIR prepared for the project, in the followhigareas. Yes Maybe No a) Generation of substantial additional vehicular movement? 0 ❑ 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 ❑ ❑ x of people and/or goods? e) Alterations to waterborne, rail or air traffic? ❑ 0 IL f) Increase in traffic hazards to motor vehicles, ❑ ❑ X bicyclists, or pedestrians? Environmental Evaluation -1992 CIOSA Program EiR The 1992 Final CIOSA Program E1R, 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 EIR. The traffic study prepared for the Program EIR is contained In Appendix B of Volume H 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 CIOSA Program 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 of the City's Traffic Phasing Ordinance (TPO) and the Congestion Management Program. 14 • 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 waterbome, 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 Man 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 prcject'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 z 0 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 ofthe 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 AM PEAK IN 42 35 AM PEAK OUT 138 121 AM PEAK TOTAL 180 156 PM PEAK IN 138 121 PMPEAK OUT 85 70 PM PEAK TOTAL 223 191 TOTAL ADT 2,078 1,903 *Single Family Attached; ** Single Family Detached 16 ^�N, 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 spaces/unit), 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 any impacts not identified in the 'certified Program EIR prepared for the project, in the following areas. 17 �i� Yes Maybe No a) Unstable earth conditions or in changes in geologic ❑ SL ❑ substructures? b) Disruptions, displacements, compaction or over- 0 ❑ covering of the soil? c) Change in topography or ground surface relief features? 0 ❑ d) The destruction, covering or modification of any unique 0 ❑ geologic or physical features? e) Any increase in wind or water erosion of soil, either on ❑ ❑ or offthe 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 Program EIR 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 ProgmtnElR. The 1992 Final CIOSA Program EIR 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/setsmicity, liquefaction, erosion, bluff/slope 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 n0gationmeasures 27, 30 - 43 apply to development of the Newporter North site. 18 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 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 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 maintenancelrepair 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 failuresssumps 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 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 subsequent activity result it, any impacts not ident fed ht the certified Program EIR prepared for the project, in the following areas. Yes Maybe No a) Substantial air emissions or deterioration of ambient 0 0 %d air quality? b) The creation of objectionable odors? 0 0 IL c) Alteration of air movement. moisture, or temperature, 0 ❑ or any change- in climate, either locally or regionally? Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final CIOSA Program E1R, 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 ofthe 1992.Final CIOSAProgram 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 G - 6, and 9 -11 apply to development on the Newporter North site. 20 �0 E 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 EIIt. NOISE Will this subsequent activity resrdt 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? C C b) Exposure of people to severe noise levels? O O Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EK 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 • 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 Evacuation - New_porter 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 EHL 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 it: any impacts not identified in the certified Program EIR prepared for the project, in the following areas: Yes Maybe No a) Changes in currents, or the course of direction of water ❑ d movements, in either marine or freshwater? b) Changes in absorption rates, drainage patterns, or the rate X ❑ ❑ and amount of surface runoff? c) Alterations to the course or flow of flood waters? ❑ ❑ x d) Changes in the amount of surface water in any water body? ❑ ❑ e) Discharge into surface waters, or in any alteration of surface ❑ ❑ water quality? f) Alteration of the direction or rate of flow of ground waters? ❑ ❑ jd 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 \01 tt 0 h) Substantial reduction in the amount of water otherwise ❑ ❑ NE available for public water supplies? i) Exposure of people or property to water related hazards ❑ ❑ I. 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 Ill, 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 bD p Jff 0 0 Adopted mitigation measures 44 - 50 and 74 - 77 apply to development on the Newporter North site. Environmental Evaluation - NMorter 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. 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 result fit any impacts not previously identified in the certified 1992 Final C1OSA Program LIR in the following areas? PLANT LIFE. Yes Maybe No a) Change in the diversity of species or number of any ❑ ❑ 'A species ofplants (including trees, shrubs, grass, crops, and aquatic plants? b) Reduction of the numbers of any unique, rare, or ❑ �! ❑ endangered species of plants? 24 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? ❑ ❑ ANIMAL LIFE. a) Change in the diversity of species, or number of any ❑ ❑ �Q 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 ❑ ❑ 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 0 0 • 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 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 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 light-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 he 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 Wrut 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 ofthis 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 and California Gnatcatcher habitat. 0 0 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. 28 Coastal Sage Scrub As anticipated in the 1992 Final CIOSA Program EIR, necessary bluff stabilizationtremediation (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 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 supplementall 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. 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 toad 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 ofthe 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 blufftrail, 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 IS I 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). 30 r� �U 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. 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 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 pemut 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 shallbe completed prior to the commencement of grading. The study shall include gathering data to establish a pre- 31 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 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 31iIl this subsequent activity result in any impacts not identified in the certhed Program 11R prepared for the project, in the follosving areas: Yes Maybe No a) Affect existing housing, or create a demand for additional ❑ ❑ VL 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 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 of the area. 32 '1 "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 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 rnry impacts not identified in the certified Program FJR prepared for the project, in the following areas: Yes Maybe No a) Result in the alteration of or the destruction of a prehistoric ❑ ❑ S. 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 Q �O • 0 archaeological resources) and page 9 (for paleontological resources), Volume I of the 1992 Final CIOSAProgram E1R 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 - New_porterNorth Site Plan and Tentative Tract Mau 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 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. Lnplementation of this mitigation measure in accordance with the Mitigation Monitoring Programwill adequately mitigate any impacts related to the archaeological resources contained in Ca- Ora-100. 34 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 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 result in any impacts not identified in the certified Program EIR prepared for the project, in the following areas: Yes Maybe No a) Fire Protection? ❑ ❑ d� b) Police Protection ❑ ❑ 7� c) Schools? ❑ ❑ d) Parks or other recreational facilities? ❑ ❑ %d e) Maintenance of public facilities, including roads? ❑ ❑ X f) Other governmental services? ❑ ❑ x 35 �i bP 10 6 UTILITIES. Will this subsequent activity result hi airy impacts not identified in the certified Program EIR prepared forThe project, in the following areas: Yes Maybe 0 No a) Power or natural gas? 0 b) Communications systems? 0 0 c) Watet? 0 0 d) Sewer or septic tanks? 0 0 e) Storm water drainage? 0 0 f) Solid waste and disposal.? 0 0 RECREATION. Will this srbsequent activity result in any impacts not identified in the certified Program EIR preparedfor the project, in the following areas: Yes Maybe No a) Impact upon the quality or quantity of existing recreational ❑ ❑ opportunities? Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final Program E1R, 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 CIOSAProgram 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 E1R made the following conclusions regarding the potential impacts of Implementing the entire CIOSA agreement which includes development of the Newpotter 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 Elk Tj 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 - New_porter 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 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 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 EIlL 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 ITills Road and from within the private community at the end of "Q" Street. The 37 ��j 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. aNIMWIMA• t l�e_z .� Will this subsequent activity result in any impact) not identified hi the certified Program EUR prepared for the project, in the following areas. Yes Maybe No a) Creation of any health hazard or potential health hazard 0 ❑ SL (excluding mental health)? b) Exposure of people to potential health hazards? 0 0 14 RISK OF UPSET. Will this subsequent activity result in any impacts not identified in the certified Program RIR prepared for the project, in the following areas: Yes Maybe No a) Arisk of an explosion or the release of hazardous substances ❑ 0 �Q (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 ❑ emergency evacuation plan? Environmental Evaluation -1992 Final CIOSA Program E1R 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 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 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 identified 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? ❑ ❑ b) Substantial increase in demand upon existing sources ❑ ❑ 7� 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 EIR preparedfor the project, in the following areas: a) Increase in the rate of use of any natural resources? 0 Yes Maybe No ❑ ❑ 9 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 If, 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 E1R 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 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 cb 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. MITIGATION MONITORING PROGRAM SUMMARY CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person rc-t-r.ZLrr.=K0= 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. Traoaoortation/Cirtvlation 2. The City shall prepare a circulation improvement Condition of City Council Annual Public Works monitoring program to direct expenditures of funds received approval; prepara- approval Director, Planning under the Development Agreement to make improvements and lion & review of Director to monitor the status of those improvements. The list of im. CMP/GMP/DA provemenis 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 or 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 Dcpt 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 EIR. with improvements. • MrPIGALION MUNrfOlUNG PROGRAM SUMMARY, cons, CIRCULAMON iMPROVEMENf AND OPEN SPACU AGREEMEENf Mitigation Measure Implementing Action Method of Verification Iruning or Verification Responsible Person Air Qaa6h 4. All grading related to the project shall be conducted Condition or Plan check Prior to issuance of Building Dept. plan in accordance with SCAQMD Rule 403. This mitigation ma- approval Geld inspection grading permits checker, grading sure shall be made a condition of all grading permits related to inspector the project S After clearing, grading, earth moving, or eawation Condition or Plan check; Prior to grading Building Dept, plan operations while construction activities ace being conducted, approval Geld inspection permits checker: grading . fugitive dun emission Shan be controlled using the following inspector procedures: • Graded sections of the pmjat that will not be fur- ther disturbed orworkcd on forking periods of time , (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind ero- sion. • Graded sections of tbeproject which are undergoing further disturbance orconstmction activitiesshall be suffideatly watered to prevent excessive amounts of dust. '!hest mitigation messusa shall be made a condition or an grading permits related to the project 6. During gr iding and construction activities, the appli- Condition of flan check; Geld Prior to grading Building Dept plan wit Shan further control fugitrre dust emissions using the approval inspection permits checker; grading following meuures: inspector • On -sire vehicle speeds on unpaved roads shalt be limited to u auks per hour: Entrances to all on - site roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehitk bathe sball be periodically watered. • Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated Mitigation Measure MITIGATION MONITORING PROGRAM SUMMARY, cant. CIRCULATION IMPROVEMENTAND OPEN SPACE AGREEMENT Implementing Method of Timing of Res nsible !rs 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- rate Plaza West and Bay View landing site shall also partici- Condition of Plan check approval Prior to occupancy for Traffic Engineer pate in the Centerride program currently in operation in the permit Corporate Plaza West or Bay 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. & Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. City ordinance Plan check Prior to occupancy Traffic Engineer 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; the City of Newport Beach. Prior to final design and construe- OCTD; Traffic Engi- tion of any frontage improvements, the City of Newport Beach neering Dept. shall contact the Orange County Transit District to determine if any bus turnouts or shelters will be required. 10. All development shall include street and security lighting (in parking lots and pedestrian walkway areas) which is Condition of Plan check approval Prior to building Planning/Building energy conserving. A lighting plan shall be submitted for all permit Dept. plan checkers; Public Works Dept. development which 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 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. y� 3 MIAGATION MONITORING PROGRAM SUMMARY, cost. CIRCULATION IMPROVEMENT AND OPEN SPACEAGREEMfTdf Implementing Method of Timing of Mitigation Measure Action Verification Verirkation 12 The applicant shall ensure that all residential lots and dwelling are sound attenuated against present and pro- jecred noia, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNE, in outdoor living areas and an interior standard of 4S dB CNEL in all habitable rooms. Evidence shall be prepared under the supervision or City certified acoustical consultant which demonstrate that these standards will be -satisfied in a manner comistentwith applicablezoting 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 sole discretion of the CA% an Acoustical Analysis Report shall be submitted to the City's Advance Planning Manager for approval. The report shall describe in detail the extetiornoise environment and preliminary mitigation measures. Acoustical design features to aehieft interior noise standards may be included in the report in which case it may also satisfy *W below. B. Prior to the issuance or any building pc=!M an scouustial analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Mawger for approval along with satisfactory evidence which indicates that the sound attenuation measures sped- Ged in the approved acoustical report(s) him been incorporated into the design of the project C. Prior to the issuance of any building permits, all freestanding amuttiat barriers must be shown on thepro*Uplot plart ithatratingheigh4loation and construction in a manor meeting the approval of the Citys Advance Manning Manager. Condition of Plan checlG Prior to map approval field testing recordation/grading permits/building permits/occupancy permits Responsible Person Advance Planning Manager MrlIGA1ION MONITORING PROGRAM SUMMARY, cant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Mitigation Measure Action 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- Condition of ated against the combined impact of all present and projected approval noise from exterior noise sources to meet the interior noise criteria as specified in the Norse 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 incorpa rated into the design of the project. 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 sharing lot locations, house/building setbacks and precise pad elevation. 79. At the time specific site plans and grading plans an 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 ptocess to confirm that the mitigation measures provided will adequately control construction impacts potential- ly impacting the Newport Harbor Lutheran Church, especially its pre-school operatioas. H necessary, additional conditions related to construction activities maybe placed on the project. Method of Verification Plan check Plan check Plan check Timing of Verification Prior to building permits Prior to precise grading permits Prior to site plan approval or grading permit Responsible Person Planning Dept. plan checker, Advance Planning Manager Building Dept plan checker Planning/Building Dept plan checkers U • MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitiption Measure 15. Pursuant to Section 1601-1603 of the State of Cali- fornia Fah and Game Cods the California Department of Fish and Game shall be notf&d of any alterations to ttmmbed habitats. The applicant or any successors in interest shall be responsible for ratifying the Department of Fish and Game regarding any grading related to residential deveiopmeat and associated improvements on the San Diego Creek South, Up- per Castawas, Newporter North, and Freeway Reservation sites which would alter stteambed habitats The applicant or any successor in intent shall notify the Department of Fah and Game and obtain any necessary permit prior to the issu- ance of a trading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport Beach prior to issuance of a V ading permit. The Cry of New- port Beach shalt be responsible for notifying the Department of Fah and Game regarding any grading related to any public improvements (eg. trails, recrtatanat 6alitfes, roads, drainage facilities, etc) in area designated for open space, public facili- tKs, and/or parks which would alter streambed habitats. The Cryof Newport Beach shall no*tbe Department of fish and Game and obtain say trcaaaty permits prior to commence- ment of any grading which could alter the streambed-habitat. The permits issued by the Department of Fah and Game pur- suant to Sections 1601-1603 may require additional mitigataa menses deemed necessary by the Department. I& Wetland delineation studies in actordance and con- junction with the California Department of Fish and Game and U.S. Army Corps of Engine= permitting prooma shall be performed for any wetland which will be imparted by trading and construction activities. The applicant or any successor in interest shall be responsible for conducting the wetland dart- ation studies for wedtaedf imparted by residential develop- ment or associated improvements on the Newporter North and Upper Castawayssites. Ifreddatialdeveiopmentorassotiat- ed improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or arty suoussor in interest shalt be responsible for eanduetintthewttlmddeGneationsmdy. TbeCItyofNewport Implementing Anion Condition of approval, Cal. FGC Condition of approval Method of Verification Plan check Plan check Timing of Verification Prior to grading permits for San Diego Creek South, Upper Castaways, Newporter North or Freeway Reserva- tion, or any public project affecting stresmbcdt Prior to trading permits for any wetland are Responsible Person Planning/Building Dept. plan checkers, Public Works Dept. Planning/Building Dept- plan checkers: Public Works Dept. 11 40 MrnGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENP AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person Beach shall be responsible for conducting the wetland delinea- tion studies for wetlands 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 spec 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. 17. Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Castaways, Newporter North, Newporter Knoll, Bay View landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological re- soutces. 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 are identified, addi- tional mitigation measures shall be adopted. i& Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay Vices Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and Newporter North - No grading (except that necessary for tail establishment and improvements, erosion control, bluff stabilization or prepar s- tion of the development wea), 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 soi4s, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing IS foot elevation contour. Newporter North - No grading, stockpiling of wits or operation of equipment shall take place within the 40 foot property line setback area estab- lished by the Bluff Top Setback Ordinance except that neees- Condition of Standard CEOA Prior to approval of Environmental approval; standard compliance review public facility plans Coordinator CEQA compliance for natural open space/passive park areas Condition of Plan check Prior to grading Planning/Building approval field inspection permits for Upper Dept. plan checkers; Castaways, San Die- grading inspector go Creek South,Bay View Landing and Is Newporter North MrlIGATION MONIMRING PROGRAM SUMMARY, rant. CIRCUTATION IMPROVEMENPAND OPEN SPACEAGREEMENP Mitigation Measure say fortmii 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 wrWrid in 7ohn Wayne Gulch freshwater marsh. Bay View Lamting- no grading, stockpiling of scg or operation of equipment shall encroach into the hill- side above the 2S-foot contour of the lower development area. 19.' Prior to grading and/or constructing any public facility on the San Diego Creek North site which will encroach into the oo-Ate freshwater marsh, the City of Newport Bach (or other public agency responsible for development of the public facility) shall approve and begin implementation of a plan which shalt offset the loss of wetlands. This plan shall re- Oeet all mitigation tequltrements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either crating a new freshwater marsh on -site or enhancing sad expanding an existing freshwater marsh in or near the San Diego Creelcand Upper Newport Bay Ecological Reserve. 20. Prior to grading and/or constructing any residential development or associated improvement on. the Upper Case aways site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the foss of wetlands. This plan shalt nflect allrnitigatkat requirements of any Sate or Federal agenryhaving jurisdiction over the attect- ed wetlands. Of sea sMU tx sdmieved byeither canting a new freshwater marsh on -site or enhancing and expanding an exist- ing freshwater marsh in or aear the Upper Newport Bay Eco- logical Reserve, A copy of the plan and all related pemtits shall be prated to the City of Newport Beach prior to ism- sote of a grading permit. Implementing Action Condition of appal Condition of Approval 21. Prior to grading and/or constructing any residential Condition of development or associated improvement on the Newporter approval North site which will encroach into the o"te freshwater marsh, the applicant or successor in interest shall prepare and begin implementataa of a plan. which shall offset the loss of wetandr. INS Plan shall reflect an mitigation requirements of Method or Verification Plan check Plan check Pan check Timing of Verification Prior to grading permits for San Diego Creek North Prior to grading permits for Upper Castaways Prior to grading permits for Newpo- rter North Responsible Person Planning/Building Dept. plan checkers, ACOE/USFWS/- DFG Planning/Building DepL plan checkers; ACOE/USFWS/- DFG Planning/Building Dept. plan checkers, ACOE/USFWS/- DFG CJ I* MMGAT10N MONITORING PROGRAM SUMMARY, cant. CIRCUTATION 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 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 corridors. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings. use of lighting systems which conceal the light source and minimize light spillage and glare; screening walls/berms; and dense landscaping, along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen 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. 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 Soo fect of the boundaries of the wettand 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. 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 lou feet of a wetland area Responsible Person Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers; Grading Engineer • • MITIGATION MONITORING PROGRAM SUMMARY, conL CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMEW Mitigation Measure 24. This measure shall apply to the Newporter North, Newporter Knol, Bay View Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Revc- getation of cut and fill slopes, bluff stabil'mtion/remediation areas, fuel modification cones and other graded areas adjacent to existing sensitive habitat areas (c g; at the edge of develop- ment of rakkntial, public fatalities, or reactional areas) shall be acrompGshed with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be ieve- getated with a mixture of coastal sage scrub species including California sagabsush which now dominates coastal sage scrub used by Caiifomis gnatatchers. Portions of more level areas shall be revegetated'with species of native perennial grass in an attempt to establish native grassland. An expert in land - nape revegetation, who is knowledgeable and qualified in na- tive plant mixtures shall provide consultation into tbcprepaa- tion or landscape plus to ensure that this measure is complied with. Landscape plus shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreational use:: 25. All noeo-smergenry grading misted to bluff stabili- ation/remedLiaion on the Newporter North and Bay Vices Landing sites shall occur dating the non -breeding season for the California gaatatcher. The non-brceding season is from A" 1 to January 3l. 7R Prior to approval or site piaaorsubdivision and/or City approval or a park development plan (whichever coma rust), the City shall retain a biologist to finther asses the potential for human and per intsosioa into the coastal age scrub habitat supporting the Co ifomia-gnatatcher population. This assessment shall beat the cost of the developer if related to site plans or subdivision, or at the cost of the City if related to the park ekvtkpment plan. If the level of eapeacd intre- sion is considered to be of sufficient magiritude to significantly impact the California goatatcl= populations on sitq mitiga- tion measures shah be designM and placed as conditions on the project to reduce the impact to the extent fcasible. Such design and operational measures could Include perimeter ftno- Implementing Method of Timing of Responsible Action Verification Verification Person Condition of Plan check submittal Prior to building Planning/Building approval if biological report permits for private Dept plan checkers byapplicant development or prior to grading for public fatalities adja- cent to sensitive habitat areas in Newporter North, Newporter Knott, Bay View landing, 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 landing Condition of Plan check Prior to sitepiaa/ Planning/Building approval tentative map or Dept. plan checkers park development Plan approval �� 10 Mitigation Measure MrnGATION MONrTORING PROGRAM SUMMARY, Cont. CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Action Verification Verification Person in& 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 25 foot buffer from Bonita Creek. Plan check Prior to final design Planning/Building approval for any Dept. plan checkers; public or recreation- Public Works Direc- al facility on San for Diego Creek North Plan check Prior to tentative Planning Dept. plan map approval for checker, Subdivision San Diego Creek Engineer South 81 The precise details of any revegetation / replacement Condition of Plan check Prior to site plan Planning Dept plan program will be developed in conjunction with review and approval; CEQA approval or grading checker, Environ- approval of design and grading 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 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. 11 0 0 MMGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENr AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitiptkm Measure Action Verification VeriGntion Person 94. Prior to the issuance or a grading permit for the Condition of Plan check Prior to grading Planning/Building Newporter North site, the ptgect proponent shall contribute approval permits for Dept plan checkers; up to 310,000 to eonplete an Upper Newport Bay Coyote Mo- Newporter North USFWS nitoring Study, to be conducted under the direction of the US. 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-mrstsuetiom baseline measure- ment of the number and frequency of coyotes using the lower proms of Upper Newport Bay in the vicinity of the Newporter North site. If, after Coammencoment of Construction, it is demonstrated by the U.& Fish and WUWc Service that there has been a signs. ant decrease is the population of coyotes in the vicinity of the Newporter North Site, due solely to development of the si% SA this decrease in coyote population hat had a detrimental effect on sensitive bird specks in the area, the project propo- nent shall contribute up to M000 toward an animal manage went program to be administered by the Resource Agency managing the UpperNewport Bay Ecological Reserve. 200reQ andSei Wtj 26. Buildings four stories in height or higher shall be Condition of Plan check Prior to building Building Dept. plan designed iaatrotdaattwitkaquitementsforseismiemne4as approval permits for any checkers outlined in Chapter 23 of the Uniform Budding Code and/or structureof 4 or .rich the benefit of a site specific seismic ground response spec mom c stories stories trum study which would be prepared by the project geotechn- ical consultant and sttnttmat engineer to allow matchimg of building period with site period. The structural plans and/or ground response study shall be completed to the satisfaction of the Bolding Department prior to isstuance of a building permit. 27. BuildmV less than four stories in height shall be Condition of Plan check Prior to building Building Dept. plan deagned by a Structural Fm&cer in accordance with UBC approval permits for strIk% checkers Chapter 23 requirements for Seismic Zone 4. Non-citiod tureswith-fewerthan structures shall be designed towithstand strong ground shaking 4 stories that may accompany a maximum probable earthquake along 12 LI MMGATION MONITORING PROGRAM SUMMARY, cant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure the Newport -Inglewood Fault. Critical structures (i.e, hospi- tals, Gre/police facilities, schools, etc.) shall be designed to withstand strong ground shaking associated with a maidmum 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 in 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 Zane Act, a Registered Geologist shall further evaluate and make recommendations regarding the potential for ground surface rupture effecting proposed development on -sites where -Potentially Active Faults" have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the 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 tentatrve 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 Action Condition of approval Condition of approval 13 Method of Verification Plan check Plan check Timing of Verification Prior to tentative map approval or grading permits Prior to tentative map approval or grading permit Responsible Person Building Dept. plan checkers Planning/Building Dept plan checkers 0 • Mitigation Measure riquelaelioa MITIGATION MONrrORRQG PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENrAND OPEN SPACE AGREEMENr 30. Sites where the potential for liquefaction has been identified, or any other site vdtem the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by ageotechnintconsultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnial consultant shall provide a statement concerning the potential for liquefaction and its passible impact an proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical dentifiestion of liquefiable layers, dewatering, h71 surcharging or other appropriate measures. The Gemechniai ConsuitantY report shall be signed by a Certified Engineering Geologist and a Registered Civil Engi- neer and shall be prepared to the satrdactioa-of the Building Department prior to issoaneeof Grading Peril Grading and building plans shall redeet the recommendations of the study to the satisfaction of the Building Department. 3L Any neceaaty diversion devices, catchment devrres, or velocity redw=shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance ofgradingpertnim EkrmorotbcrcatehmentdevkesshaUlac incorporated into the grading plam to divert short flaw runoff away from arse which have been stripped of natural vegeta- tion. Velocity reducers shall be incorporated into the design, especiailywMre drainage devim adt to natural ground. Implementing Method of Timing of Responsible Action Verification Verification Person Condition of approval Condition of approval 32. All fill slopes shall be prop"Ill eompaetcd during Condition of grading in coaforntancewith the City Graft Code and veil- approval Pied by the project Genial Consultant. Slopes shalt be punted with vegetation upon completion of grading. Confor- mance with this measum shalt be verified by the City Grading Engineer prior to the itsaaam of occupancy permits. 14 Plan check Plan check FM check Prior to grading permits Prior to grading Permits Prior to grading Pits Building Dept. plan checker Building Dept. plan checker Building Dept- Plan Checker i MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Mitigation Measure Action 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. Topof-slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future rill 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 scape 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- echnical 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 surlicial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. BfaR and Slope Instability 36. The project geotcchn cal consultant shall review the tentative tract reap and grading plan for each site and prepare a report addressing all salient geotechnicat issues related to bluff and slope stability of any costing bluff or slopes. These Condition of approval Condition of approval 15 Method of Verification Plan check Plan check Plan check Plan check Timing of Verification Prior to grading permits Prior to grading permits Prior to tentative map or site plan approval for Upper Castaways or Newp- orter North Prior to grading permits Responsible Person Building Dept. plan checker Building Dept. plan checker Building Dept. plan checker Planning/Building Dept plan checkers 40 • MMGATTON MONffORING PROGRAM SUMMARY, cont. CIRCUTATTON IMPROVEMENT AND OPEN SPACr AGREEMENT Implementing Mitigation Measure Action reports shin indudc 1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory test- ing results; 3) stability analysis of adsting bluffs and proposed slopes as illustrated on the tentative tract map or rough grad. ing plan; 4) conclusions; 5) rccommendations for mitigation of arty identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to thesatidattion of the City Grading Engi. ricer prior to iguana of a grading permit. 37. Prior to the issuance of grading permits, the Project Condition of geotecbnicalconsultant and/or tmlengineershanmake written approval recommendations for manufactured slope stabilisation includ- ing, but not limited to, buttressing, rock bolting, grouting, slope gradient laybads, or rcula mgwalls. An necessary recommen- dations: shall be included inthe:gadingplan to the satisfaction of the City Grading Eagineer. 3g. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Development Policy D2b.1 of the Newport Beach Geneal Plan, January 21, 1991, and Newport Beach Municipal Cade section 20.151.080), the City minimum Setbacks: may not necessarily be adequate from a geotechniod viewpoint concerning bluff/slope instabili- ty. Prior to issuance of grading pem6t;appropriate are bluff top setback recommendations shall be determined by the pro- ject GtcecWwd Comudant bated on the evaluation required by Mitigation Measure 3 to the atisfactioa of the City Grading 39. During grading a geotechninal consultant shall mon- itor grading operatics to ensure: that recommendations for slope fnstabilia mitigation arc implemented. Additionally, the geoteetmial consultant sball evaluate slopes as they are gaded through geologic mapping and analysis to ensure that no unan- ticipated condition arc present. Slope stability mitigati m eceanmendit600s may require modification during graft: Compraace with this measure sW be verified by the Building Depastmem. Condition of approval Condition of approval 16 Method or Verification Plan check Plan check Feld inspection Timing or Verification Prior to grading permits Prior to grading permits During -grading Responsible Person Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers Grading inspector • • MITIGATION MONITORING PROGRAM SUMMARY, rant. 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 geotechn- Condition of Plan check Prior to building Planning/Building ical consultant shall prepare a Rough Grading Report and As- approval permits Dept. plan checkers Graded Gcotechnial 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. Comprembk/t,,ottapoble Sal 41. Prior to the issuance of grading permits, written Condition of Plan check Prior to gritting 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 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. /corrodte Sort 42. Written recommendations for the mitigation of ex- Condition of Plan check Prior to building Planning/Building pansive and corrosive soil potential for each site, shall be pro, approval permits Dept. plan checkers vided by the project corrosion consultant, geolechnial 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 '� 1% MITIGATION MONITORING PROGRAM SUMMARY, cant. CiRCUTATIONIMPROVEMENTAND OPEN SPACE AGREEME r Mitigation Measure be incorporated into final budding plans prior to issuance of budding permits. The geoteehnial consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered try Eogmcer, and shad be approved by the City Grading Engineer. 43. Theptojeetgeoterbnialconathntand/orcivitene- neer shall prepare written site -specific rcvkm of the tentative tract maps and grading plans addressing all anent geotechnial issues, including groundwater. Than reports shall provide fording; condusioes and recommendations regarding tree -cur face groundwater and the potential for artificially induced grou- ndwater as a result of future development, and the effects groundwater may brave on cAWng or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sits and properties adjacent to the sites if dewatering is recommended. The geoteeMial consul- tant-aad/or dvd engineces repotts shall be signed by a Certi- Ged Engineering Geologist and Registered Civil Engineer and shalt be compWW to the atisfwtion of the City GradingEngi- neer prior to issuance of a grading permit. All r=mmcnda- tioes of the repottssbait be Woorporatcd into the grading, site; and building design to the alblattion of the City Grading Engineer and Cdy Engineer. Water Reaoarces Water Ctmity 44. Prior to the issuance of grading permits, the appli- cant shall provide to the Budding and Public Works Depart- ments haul route plans that include a description of haul routes soma points to the -sits sad watering and sweeping program "toed to minimise impacts of the baul operation. Then plans shall be reviewed and approved by the Public Works Department Copies of the plots shall be submitted to the City's PWmingDepartmeat Implementing Action Condition of approval Condition of apptoval m Method of Verifiation Plan check Plan check Timing of Verification Prior to grading permits Prior to grading permits Responsible Person Planning/Building Dept. plan chakem. City Grading Eagi- neer, City Engineer Planning/Building Dept. plan checkers; Public Works Dim, for 0 MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure 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 straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Air -borne and vehicle -bore sediment shall be con- trolled 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, butter 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 geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or scales) located at disturbed areas or graded right-of- ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. 47. The applicant shall provide a temporary gravel en- trance Coated at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate �\d Implementing Action Condition of approval Condition of approval Condition of approval 19 Method of Verification Plan check; field inspection Plan check; field inspection Plan check; Geld inspection Timing of Verification Prior to grading permits Prior to grading permits Prior to grading permits Responsible Person Planning/Building Dept. plan checkers; grading inspector Planning/Building Dept plan checkers, grading inspector Planning/Building Dept. plan checkers, grading inspector Lj • MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCUTATION IMPROVEMEN17AND OPEN SPACEAGREINENf Mitigation Measure mud and sediment carried by vehicles or runoff onto public rights -of way, the gravel shall Wier the entire width of the en- trance, and its length shall be no tens than fifty feet. The en- trance plans shalt be reviewed and approved by the City Engi- neer and Grading Enghecreencurrent with review and approv- al of grading plans. 48. The appticaut shall construct filter berms or other approved device for the temporary gravel entrance, The berm shall consist of a ridge of gravel placed across graded right — or -ways to decrease and fiiterrunoff levels while permittingcon- struetion traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plan shall be reviewed and approved by the City Grading Engineer. 49. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted sails across a dram - age. The Darin shalt am be located in an area where is failure would lad to aloe of life or the loss of service of public utili- ties or wads. The plan shall be reviewed and approved by the Gry Grading Egiaeta 74. PriortoissuanceofgradiagpermiMthe apprncantor successor in interest shall prepare a plan for approval by the City of Newport Beach Grading Fitgineer for the control of accidental spills, litter, and wW wan disposal duringgrading andcostwttion, Eusting policies and standards of the City of Newport Bach and Fire Department shall be iacorporated. The plan shall be implemented as neeessaryduringgrading and construction activities. 75. Any rV W. CCRRs shag incorporate mandates to the Home wncesAaocktiors,commercialpropertiesmanage- meat and apartt«at management companies regarding Fatil'aer/Peaicide/Hetbicide manage- ment practices Implementing Action Condition of approval Condition of approval Condition of approval Condition of approval 20 Method of Verification Plan check, field inspection Plan check, field inspection Plan check, Geld inspection Plan cheek Timing of Verification Prior to grading permits Prior to grading permits; during grading Prior to Bing Permits Prior to oaoponry permits Responsible Person Planning/Building Dept. plan checkers; grading inspector Planning/Building Dept plan checkers; grading inspector Planning/Building Dept. plan checkers; City Grading Engi. ricer., Vading/buil- ding inspectors Planning/Building Dept plan eheeke s 0 C , i MMGA77ON MONITORING PROGRAM SUMMARY, cunt. CIRCULATION IMPROVEMENT' AND OPEN SPACE AGREEMENT Implementing Mitigation Measure Action Irrigation Management Practices Street sweeping requirements: Vacuum truck, fall cleaning, eta Signage and catch basin stencil mainte- nance. Annual distribution of informational bro. chures (see Mitigation Measures #77). These mandates shall be reviewed andapprovedby the City of Newport Beach prior to issuance of occupancy permits. 76. The City of Newport Beach, homeowners associa- Condition of Lions, 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 Cary of Newport Beach notifying the reader that the catch basin drains to the Newport Bay and to wain against dumping. 77. Brochures (such as the'Nonpoint Son= 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 tittering. - Proper use and management of fertilizers, herbicides and other harmful chemicals. - Impacts of dumping oil, antifreeze, pesti- cides, paints, solvents, eta into storm drains. - Effective housekeeping practices such as use of bio-degradable cleaning compounds and adsorbents - Benefits of preventing excessive erosion and sedimentation. - Benefits of proper landscaping practices - Benefits of minimizing non-stormwater runoff or adverse impacts of over -irriga- tion. M-11, Method of Timing of Responsible Verification Verification Person Plan check; field Prior to tentative Planning/Building inspection map or site plan Dept. plan checkers; approval Public Works inspec- tor Plan check Prior to occupancy Planning/Building permits Dept. plan checkers 0 40 MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACEAGREEMENP Mitigation Measure Implementing Action Method of Verification Timing of Verificnion Responsible Person These brochures shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permits. Draiusge Pattaw 50. Prior to iiarsim a of a grading permit, the master Condition of Plan check Prior to grading Planning/Building plans or water, sewer and storm drain facilities shall be ap- approval permits Dept. plan checkers; proved by the City F Xineer. Any systems shown to be re- City Engineer • qu'ued 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 Resoarori ALL PROJECT SrM SL All sitesshall be mitigated pursuant to Council Poli- Condition of Plan check; Prior to grading Planning/Building ry K.S. Where further testingorsaMge is required, the appli- approval field inspection permits; during Dept. plan checkers; ant shall select a Cityappmved qualified archaeologist to grading grading inspector excavate a sample of the site. All testing and salvage shalrbe conducted prior to issuance or grading permits or use of in area for recreational purposes. A written report summarizing the findings of the testing and data recoAnyprogram shall be submitted to the Planning Department within 90 days of the completed data recovery peogam. 52- The applicant shall donateall archaeological mated- Condition of Review byarchae% Prior to building Planning/Building al, historic, or prehistoric, recovered during the project, to a approval palco monitor permits Dept. plan checkers local institution which bas the proper faCiliticsfor aratiom, dis- play and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 53. Any excirvation of a site bated within the Coastal Condition or Pba check Prior to grading Planning/Building zone or more thaw two surface riders or dirt shall require a approval permits 22 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 shalt be complied with. UPPER CASTAWAYS 54. Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA-Ora-49 and CA-Ora-186 on the Upper Cast- aways -site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and prc-historic archaeology) to determine site integrity, extent and significance. 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 test excavations. BAY VIEW LANDING Implementing Action Condition of approval 55. Prior to issuance of a grading permit, CA-Ora-1098 Condition of shall be surface collected and subjected to test excavations by a approval City approved archaeologist to determine site integrity, extent and significance. A report shall be prepared detailing all find- ings and submitted to the Planning Department within 90 days of completing test exeavallons. 56. Prior to grading for the new park, the project spon- Condition of sor shall retain a City approved archaeologist to conduct a approval surface collection and subsurface test excavation of Gl-0ra-66 to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test 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 Landing site in the 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 Landing Prior to grading permits on Bayview Landing Prior to grading permits on Bay View Landing Responsible Person Dept. plan checker, Coastal Commission Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers Planning/Building Dept plan checkers L] • M111GATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENP Mitigation Meanie area containing shell saner, to determine if the shell is repre- sentative of a subsurface archaeological deposit. A report shall be prepared delaiing all findings and submitted to the Plan- ning Department within 90 days of completing the test ezm- vatiott implementing Action S& Prior to the use or development of the open space Condition of area forpassive recreational uses, CA-Ora51 and CAOra518 approval on the NewporterNorth site shalt to surface collected and sub- jected to test ercavations to determine site estat and zignif- icance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of com- pTcting test excavations. S9. Prior to the issuance of a grading permit, the appli- Condition of Cant shall Conduct a surface collection of the eastern extension approval of CA-0ra-100 which would be imported by grading and/or daelopment of residential uses. The surface collection shall be conducted by a city apptwedarchaeologist. Areport Shall be prepared detailing nit findings of the surface collection and submitted to the Planning Deportment within 90 days or Com- pleting the surface collection. 60. Prior to the issuance or grading permits, the app0- Condition of wet shalt conduct a data recovery of program CA-0ra-64 on approval the Newporter North ate. The program Shan be conducted by a City approved archaeologist. A report Shan be prepared detailing all findings and submitted to the Planning Depart- ment within 90 days or completing the data recovery program. 61. Prior to issuance of a grading permit for residential Condition of devebpmentoranybiuffstabsliatioo,aers"aiedarchaeologist approval shall review gadiag sod drainage plans to determine it there are any indirect or direct impacts to CAOrs51, 52 and 518. If impacts are ide ntiS4 tat excavation shall be conducted to determine site eteat,fntegrRyand significance. Areport Shall be prepared detailing an findings and submitted to the Plan- ning Department withmi90daysofeempktingtest excavations. 24 Method of Verification Plan check Plan check Plan check Plan check Timing of Verification Prior to grading permits for open space area on No- wporter North Prior to grading permits on Netvpo- rter North Prior to grading permits on Nesipo. rter North Prior to grading permits on Nea'po. rter North Responsible Person Planning/Building Dept. plan checkers Planning/Building Dept plan checkers Planning/Building Dept plan checkers Planning/Building Dept plan checkers 0 MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMEN17 AND OPEN SPACE AGREEMENT' Implementing Mitigation Measure . Action NEWPORTERKNOLL 62. Prior to any grading or use of the site, the City shall Condition of conduct a surface collection of archaeological material present approval on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and bound- aries. One unit shall be placed in the recorded area of CA- Ora-50 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. BIACK 800 63. Prior to the issuance of a grading permit a qualified Condition of City approved archaeologist shall conduct a surface collection approval of CA-Ora-136 on the Block SW site and subject the site to test excavations to determine site agent and significance. A test unit shalt 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 proved qualified archaeologist shall dig post holes in the areas approval containing surface shell on the Corporate Plaza West site to determine if the shell represents subsurface archaeological deposits. A report shop be prepared detailing ill findings and submitted to the Planning Department within 90 days of com- pleting subsurface testing. 65. Prior to the issuance of grading permit, the surface Condition of near the southern section of the property shall be examined by approval a City approved qualified archaeologist after removal of brush and prior to any gmutM disturbance. A report shall be pre- 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 8W Prior to grading permits on Corpo- rate 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 10 MITIGATION MONMORING PROGRAM SUMMARY, rant. CIRCUTAMON IMPROVEMENP AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Anion Method of Verification Timing of Verifiation Responsible Person pared detailing all findings and submitted to the Planning De- partment within 90 days of completing the surface examination. FREEWAY RESERVATION 66. Prior to ismaxe 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 of Dept. plan checkers chaeolo& shall examine the surface ofaresspreviously identi- Freeway Reservation fied as CA-Ors-216. The examination shall be conducted after removal of brush but prior to grading. A report shall be pre- pared deviling all findings and submitted to the Planning De- partmentwithin 90 days of completing the surface examination. PaWGIOID 67. Prior to the issuance of grading pemuts,acollection Condition of Plan check Prior to grading Planning/Building plan shall be prepared and implemented by a City approved, approval permits on Bay Vicw Dept plan checkers qualified paleontological monitor for known exposed fossil landing, Nenporter bea6tieron Bay View landing Newporter North, and Upper North and Upper Castaways. Became orthe small nature ofsomefoaftpresent Castaways in these rock unity, matrix samples shall be collected for pro- cessing through fine mesh terms. The collection plan shall be reviewed and approved by the Palming Department 6& Prior to the issuance of grading permit; the sppli- Condition of Plan check Prior to V*Tmg Planning/Building cam shall make proviaons for the preparation and cuiation of approval permits Dept plan checkers all fmsals; possibly recorered ham the sites during grading This shall be done in a manmcrapprored by the QWs Planning Department 69. Prior to the fssnance of grading permit; the appfi- Condition of Plan check Prior to grading Planning/Building cant shall identify a repository approved by the City's Planning approval permits Dept plan checkers Department which :ballrced all fdssih oolkded from the sites. 70. Cliff faces along Upper Newport Bay that have Condition of Plan check Prior to grading Planning/Building served as a refererroe section for inkro-pakoatolegial studies approval permits affecting Dept plan checkers should be protected from alteration. If bluffs along Newport blaf& Bay need lobe altered fa•bluUatabri' ation LJ 26 MITIGATION MONITORING PROGRAM SUMMARY, rant. 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 these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the compara- frve study and sampling. A report shall be submitted to the Planning Department within 90 days. Public Services and Utilities Law &rforoement 71. The project proponent shall work in conjunction with the City of Newport Bach Police Department to ensure that crime prevention features are included in building design and construction. The City of Newport Beach Police Department shall review all site plans and access plans. Water 72. Prior to issuance of grading permits for the develop- ment sites, the applicant shall be responsible for preparation of ■ 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 adding water sys- tems, needed as a rtsult 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 Implementing Action Condition of approval Condition of approval 73. Prior to issuance of grading permits, the developer Condition of will provide a Master Plan of Utilities families for the on -site approval development in order to determine the exact necessary modifi- cations or ertensions to the existing sewer systems, if needed. All necessary expansions of to hies and/or upgrades or exten- sions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current dis- 27 Method of Verification Plan check Plan check Plan check Timing of Verification Prior to building permits Prior to grading permits Prior to grading permits Responsible Person Planning/Building Dept. plan checkers; Police Dept. Planning/Building Dept. plan checkers; City Engineer Planning/Building Dept. plan checkers; City Engineer 9 • MITIGAMON MONrrORING PROGRAM SUMMARY, rant. CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure trict or City policies dictate otberwisa The Plan shalt be re- viewed and approved by the Gty Eogineerprior to issuance of grading Irrrmita- Load Implementing Method of Timing of Responsible Action Verification Verification Person 90. Prior to approval of a site plan review for the Upper Condition or Castaways site, the applicant or successor in interest shalt pro- approval vide evidence that they have consulted with the Newport Itar- her Lutheran Church regarding the design of the residential developrnent. Design issues to be addressed include, but are no Urnited to parting, acceu, location and placement of struc- tarm6 directional siguge, and landscaping It\_\QOSA\MM TBL Plan check Prior to site plan Planning Dept. plan approval for Upper checker Castaways i 0 TO: Planning Commission - 2. EXHIBIT"A" FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL DOCUMENT TENTATIVE MAP OF TRACT NO.15011 SITE PLAN REVIEW NO.70 A Environmental Document Findings: Attachment 1. 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 programEIRcan 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-C-astaways 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. 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 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. 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 9 0 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 Hearin¢) I 1 B. Site Plan Review No. 70 (Public Hearin¢) Revised Conditions for Anoroval 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. HEWICK.ER, Director By . Patricia L. Temple Advance Planning Manager Attachments: 1. List of Revised Conditions for Approval 2. Response to Comments PL1%-VLAWW01PA=1U'CISPRgTM1"1 LDOC i 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 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 scrub 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 restorationlrevegetation 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. 14. 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 blufftrail. 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 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 allelopatWo 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. TO: Planning Commission - 3. 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 oflandscaping). 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 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 pennit 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 Cailfornia 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. 8. Prior to the removal of any coastal sage scrub, the US. 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. TO: Planning Commission - 6. 4. That the access drive is required at San Joaquin Bills Road and "G" Street for maintenance, emergency rescue and police patrol access to the bluff top area. S. 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, 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 (IA), 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 "W, "D" & "E" to "E" Street have a minimum curb to curb width of 36 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. TO: Planning 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 madelra shall be eliminated or replaced with natives such as bladderpod, monkey -flower, royal-peastemon, and silverlupine. 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 Ma of Tract No. 15011: Findings: I. 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 6"15 ofthe 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. TO: Planning Commission - 8. Game and the California Coastal Commission The trail plans can be processed separately from the residential tract plans. 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 g theptivate storm drain system to be constructed by the developer maintained by the 01y 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 and drainage system and approved as to form by the City Attorney's office. 15. That the sidewalk along San Joaquin I -Ells Road be reconstructed to a 12' 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 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 excludine 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 gradine construction access to the development shall be from San Joaquin Hills 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. After the completion of roadway improvements along Jamboree Road including traffic signal modifications and a paved access road. access can be taken from Jamboree Road utilizing* the site access road. 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 nine (C.M.P.) drainage i y9 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 tragic 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 IT 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 shalt be reviewed and approved by the Public Works Department and Fire Department. The controlled entra1. nce loc ion may be modified from that shown on the 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 8graded beneh fit to the natural terrain be constructed along the northerly side of John Wayne Gulch between the end of the bluff top trail Back Bay Delve 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 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 pa for the difference in cost between 8 foot and 12 foot tra 1. 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 shalt be designed to meet any jurisdictional V TO: Planning Commission - 9. pipe shall be replaced with reinforced concrete nine (R.C.P.) unless otherwise approved by the Public Works Department. The condition includes all areas covered by the subdivision map. 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 4'0" clear width sidewalk on private streets and 8'0" width on public streets. 34. That Lot No's. "W, "U", "V11, "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 Spin 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. • 1• 1 1 1 MAINF U - i ! 11 i 1 J • 1' 11 : ' ' r r Ip TO: Planning Commission - 11. Site Plan Review No. 70: Findn 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 larger lots in 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. PLT:l.WP51\PLANNINO\PATTY-71FCSPRI2F&C70.DOC TO: Planning Commission -12. Attachment 2. RESPONSE TO COMN[ENTS NEWPORTER NORTH NEGATIVE DECLARATION CITY OF NEWPORT BEACH December 8, 1994 Introduction 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 X Winn SPON Steering Committee � . r 0 10 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 EIR, 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 being constructed. TO: 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 EM the operation of rohn 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 oflsic) 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. Ali 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 W 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. 6 9 TO: Planning Commission - 15. 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 E RBURTO 714 7210450 12.97.1994 *1 P-0- BOX 102 BALBOA ISLAND, CALIFORNIA 92662 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, I would like to call yoeral mino ur attention to sevr Points that we feel would improve the environmental revlew 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 ill 116911t, that will be visible from Back Bay Drive. The need for this watt is evidently due to the reconfiguration of the development boundary from that assumed in the CIOSA. SPON Cannot agree that this is an insigniGcaut immate a,pacp In order to mitibelowtheretainithis ngtwali levelI should e planned insignificance, native theainative l ti should will mature Intenheight fhMitilgatioal n Methe asurie DigwLich along its native8 getrat7osn to be planted inttwhisththe for wildlife habitat. area 2. In order to minimize the visual impact to public open apace, we urge you to consider restricting the height ofhomes closest to the bluff: As we noted on the Castaways pproject, the Program EM assumed that the units would be attached. Therefore the Draft Ne five Declaration should discuss the difference between the impact of the Single l aarily Attached and the Single Family detached units proposed by this project. Earth Resources s• What is the assurance that the proposed re wall along the southern edge of the site can be stabilized? A measure simrlar to M liga on Measure B on page 19 should also be applied to the southern edge of the site. Noise 4. Since the certificatloa of the CIOSA EIIt, federal regulations regardin# the operation of John Wayne airport have changed. The potential impacts ofnew operating procedures on public safety and noise should be discussed, l 1 AFROM'-*E NBURTO 714 7210450t 12.07.1994 02 P. 2 Ms, patty Temple December 6, 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 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 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. 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 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 this site, but we urge that the above changes be incorporated into the project. Sincerely, ennifcr . Winn SPON Steering Committee cc: Frank Robinson, Friends of Newport Bay Troy Kelly, Upper Newport Bay Ecological Reserve Cheryl Hef icy, State Department of Fish and Game jw/awptnorth-ndcommeats I 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, 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 Hills Road (totaling 33.8 acres). Exhibit 1 VICINITY MAP Newporter North Site F wjd J, i P1 \ I FW NER'PDnr DUNES Rmsso Ds e �O co�sr J M-28 o � Hicyw�r F 4 t i IOA wra" KKW9 SAM M City of Newport Beach Planning Department November7,1994 4 WAN PC-2A ,'PF-" ti "* FASHION ISLAND X u u n 0 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 H is Road generally opposite the existing entrance to the Park Newport Apartments. The public trail would be an8 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. I J NEWPORTER NORTH - NE W PORT BEACH, CALIFORNU ®1 L.I 1Mm OT n ,a� : •n. , • Rw raMfa , n • .M tttv.fO, a Trnrxlm n{-,W ss' OWNER P(1EPANEO M PREPARED BY: P/ARINo ^I�BIRATIOI, wrcruv HMaE •i,l� IIY'MiE lf1![f u ►W(MY NOW i�l1 iGWIN ,tIl NGW TECHNICAL • NEWPORTER NORTH NEWPORT BEAM CAUM"M CAUFORHIA PACIFIC HOMES r� �,..� ra It rr�r9_ li � 1 � fittl-_ i IGOIIBI MIIDI TllfiX B'IW AA IUIf ®B[ /IIC 11Pt ra-c- 1 � !. LN ... ^� PB@AB® FOR: PREPARED By: i \ �� IN QfYgOI • Jl IDf OKMW y � 1 1 _y .W�CIQ IIG�O !.G( I IiYO VM .ING111 M1! BOV PRELIMINARY C SEPMADER A 401 IIL ENVIRONMENTAL EVALUATION PREVIOUS ENVIRONMENTAL DOCUMENTATIONANCORPORATION 13Y REFERENCE As discussed in Section I, Project I-Estory/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 EK 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 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 EIR 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 mry impacts not identified in the certified Program E I? preparedfor 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 Pro arg m EIit The 1992 Final CIOSA Program E1R, 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 CIOSAProgram 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 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 ofNewport 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 EIR. 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 -Ells 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 Hills 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 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) 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 light and glare? ❑ ❑ 1( 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 of the 1992 Final CIOSA Program EIR. 11 0 0 The 1992 Find Program E1R 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 with other past, present, and reasonably foreseeable future projects, will result in the loss of vacantlopen 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 of vacantlopen 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 - NewporterNorth 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 ProgramElR The location of the boundaries ofthe 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 9 • 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 he 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 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 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 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) Generation of substantial additional vehicular movement? ❑ ❑ b) Effects on existing parking facilities, or demand for ❑ ❑ �. new parldng: c) Substantial impact upon existing transportation systems? ❑ ❑ �. d) Alterations to present patterns of circulation or movement ❑ 0, of people and/or goods? e) Alterations to waterborne, rail or air traffic? ❑ ❑ f) Increase in traffic hazards to motor vehicles, ❑ ❑ bicyclists, or pedestrians? Environmental Evaluation -1992 CIOSA Program EIR The 1992 Final CIOSA Program EER, 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 EHL The traffic study prepared for the Program E1R is contained In Appendix B of Volume IIwith supplemental traffic data contained in Appendix A of Volume M. The criteria used in the evaluation of impacts are stated on pages 149 and 150, Volume I of the 1992 Final CIOSA Program EUL The 1992 Final CIOSA Program E1R 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 of the City's Traffic Phasing Ordinance (TPO) and the Congestion Management Program. 14 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 Man 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 revisedproject 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 E1R 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 15 0 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 AM PEAK IN 42 35 AM PEAK OUT 138 121 AM PEAK TOTAL 180 156 PM PEAK IN 138 121 PMPEAK OUT 85 70 PMPEAKTOTAL 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 (4.08 spaces/unit). There will be 346 garage spaces (2.0 spaces unit), 126 driveway spaces (.073 spaces/unit), 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 blufftop 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 EIR prepared for the project, in the following areas. 17 Yes Maybe No a) Unstable earth conditions or in changes in geologic ❑ IVL ❑ 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 ❑ ❑ x geologic or physical features? e) Any increase in wind or water erosion of soil, either on ❑ ❑ or off the site? fj 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 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 E1R. The criteria used in the evaluation of impacts are stated on page 278. Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR 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, bluff/slope 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 0 • 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 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 failurelslumps 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 failurelslumps 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 ITills 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 subsequent activity result ttt any impacts not identified in the certified Program EIR prepared for theproject, in the folimpingareas. Yes Maybe No a) Substantial air emissions or deterioration of ambient ❑ C sc air quality? b) The creation of objectionable odors? ❑ ❑ x c) Alteration of air movement. moisture, or temperature, ❑ ❑ or any change- in climate, either locally or regionally? Environmental Evaluation-1992 Final CIOSA Program 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 -11 apply to development on the Newporter North site. 20 0 Environmental Evaluation - New North Site Plan and Tentative Tract Man The proposed residential development will contain 39 fewer units than provided for in the CIOSA Agreement and evaluated in the 1992 Final CIOSA Program E1R This represents a 191/6 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 EIR. NOISE Will this subsequent activity result it, 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? ❑ ❑ U b) Exposure of people to severe noise levels? ❑ ❑ 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 ElIL 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 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 - NMorter North Site Plan and Tentative Tract Map 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 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) 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 ❑ ❑ and amount of surface runoff? c) Alterations to the course or flow of flood waters? ❑ ❑ 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? t) Alteration of the direction or rate of flow ofground waters? ❑ ❑ �Q 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 F. 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. 23 0 Adopted mitigation measures 44 - 50 and 74 - 77 apply to development on -the Newporter North site. 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 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 Will the subsequent activity result in airy impacts not previously identified in the certified 1992 Final CIOV Program FIR in the following areas? PLANT LIFE. Yes Maybe No a) Change in the diversity of species or number of any ❑ ❑ %t species ofplants (including trees, shrubs, grass, crops, and aquatic plants? b) Reduction ofthe numbers of any unique, rare, or ❑ it ❑ endangered species of plants? 24 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? ❑ ❑ 7e ANIMAL LIFE. a) Change in the diversity of species, or number of any ❑ ❑ 19 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 ❑ ❑ 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 ofthe 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. Ian 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 stabilizationtremediation 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 0 • • 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 ofthe 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 E1R 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 - N Torter 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 ofNewport 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 Program EK 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 light-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 EK 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 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. 28 0 • Coastal Sage Scrub As anticipated in the 1992 Final CIOSA Program E]R, 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 19941vfichael 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 bluff top below the manufactured slope from point 150 feet west of Lot 28 to Lot 38. 37 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 EK 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. 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 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 inthe 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. 0. 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 Ea 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 0 0 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 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 sibsequent activity result in any impacts not identified in the certified Program FIR preparedfor the project, in the follmving areas: Yes Maybe No a) Affect existing housing, or create a demand for additional 0 ❑ V.. housing? POPULATION a) Alter the location, distribution, density or growth rate of ❑ ❑ the human population of an area? Environmental Evaluation -1992 Final CIOSA Proamam EIR The 1992 Final CIOSA Program EK 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 Progmm,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 of the area. 32 • 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 - Newporter North Site Plan and Tentative Tract Mat) 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 any impacts not identified in the certifed 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 0 0 iL or archaeological site? b) Result in adverse physical or aesthetic effects to a pre- ❑ ❑ 14 historic or historic building, structure, or object? c) Have the potential to cause a physical change which would ❑ ❑ IA 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 0 i archaeological resources) and page 9 (for paleontological resources), Volume I of the 1992 Final CIOSA Program EIR 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 fist of mitigation measures). Environmental Evaluation - NewporterNorth Site Plan and Tentative Tract Map 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 bluff trail, an emergency vehicle turn around area, and bluff stabilintion/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 E1R 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 The estimated impact area effecting Ca-Ora-64 is substantially the same as that assumed in the 1992 Final CIOSA Program E1R. 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 Elk 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 result in any impacts not identified in the certified Program EIR prepared for the project, in the following areas: Yes Mavbe No a) Fire Protection? b) Police Protection c) Schools? d) Parks or other recreational facilities? e) Maintenance of public facilities, inclu f) Other governmental services? UTMUIES. Will this subsequent activity resrtlt in any impacts not identified In the certified Program EIR preparedfor theproject, in the following areas. Yes Maybe No a) Power or natural gas? ❑ 0 b) Communications systems? 0 ❑ c) Water? 0 0 d) Sewer or septic tanks? 0 0ilZ e) Storm water drainage? 0 0 0 Solid waste and disposal? ❑ 0 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) Impact upon the quality or quantity of existing recreational ❑ ❑ opportunities? Environmental Evaluation -1992 Final CIOSA Pro arp m EIR The 1992 Final Program E1R, 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 E1R The criteria used in the evaluation of impacts are stated on pages 346, Volume I of the 1992 Final CIOSA Program EUL 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 - 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 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 EIR. 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. r 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 Hlls 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 Bills 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. : 1110 hies :I_A_I Will this subsequent activity result in atry impacts not Identified in the certfed Program EIR prepared for the project, in the following areas., Yes Maybe No a) Creation of any health hazard or potential health hazard ❑ ❑ SL (excluding mental health)? b) Exposure of people to potential health hazards? ❑ ❑ 1t4 RISK OF UPSET. Will this subsequent activity result in cury impacts not identlfred 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 0 ❑ �Q (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 ❑ ❑ emergency evacuation plan? Environmental Evaluation -1992 Final CIOSA Pro rg am EIIt 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 ofpeople 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 H, 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 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 identified 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? ❑ ❑ b) Substantial increase in demand upon existing sources ❑ ❑ 7� of energy or require the development of new sources of energy? NATURAL RESOURCES. 91,11 this subsequent activity result in any impacts not identified in the certified Program EIR prepared for the project, in the follawingareas: a) Increase in the rate of use of any natural resources? 39 Yes Maybe No ❑ ❑ 9 0 r 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 If, Appendix A of the 1992 Final CIOSA Program EM 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 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 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 ERR 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. 41 MITIGATION MONITORING PROGRAM SUMMARY CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person Aesthetks/Iiebt and Gtam 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. Traasoortation /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; prepara- 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/GMP/DA 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 shouldhe 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 City's annual Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. 3. The applicant or successor in interest shall construct 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 Agreemeat and listed in Table B of the Program map for each parcel division Engineer EIR. with improvements. 0 Mfl.'1GNl10N MONUCIUNG PROGRAM SUMMARY, rant. CIRCULA11ON IMPROVEMENT AND OPEN SPACE AGREM- L:N' Mitigation Measure Implementing Action Method of Verification Timing of Verification Rcsponsbte Person Air 4�K 4. All grading related to the project shall be conducted Condition of Plan check Prior to issuance of Building Dept plan in accordance with SCAQMD Rule 403. This mitigation ma- approval field inspection grading permits checker, grading sure shall be made a condition of all gradingpermits related to inspector the project. 5. After clearing, grading, earth moving, or excavation Condition of Plan check; Prior to grading Building Dept. plan operations while coouxuction activities are being conducted, approval field inspection permits checker; grading fugitive dust emisdon shall be controlled using the following inspector procedures: • Graded sections or the project that will not be fur- ther disturbed orworked on forlong periods of time (three months or mom) shall be seeded and watered or covered with plastic sheeting to retard wind ero- sion. • 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 shalt be made a condition of all grading permits related to the project & During grading and construction activities, the appli- Condition of Plan check; field Prior to grading Building Dept plan cant shall further control fugitive dust emissions using the approval inspection permits checker; grading following measures: inspector • Ott -site vehicle speeds on unpaved roads shall be limited to IS miles per hour. Entrances to all on - site roads shall be potted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffo shall be periodically watered. • Streets adjacent to the project site shalt be swept as needed to remove silt which may1arve accumulated 2 Mitigation Measure MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Action esP 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- rate Plaza West and Bay View Landing site shall also partici- Condition of Plan check approval Prior to occupancy Traffic Engineer pate in the Centerride program currently in operation in the permit for Corporate Newport Center area. Evidence of intent to participate shall Playa West or Bay View Landing be provided to the City of Newport Beach Building Depart- ment prior to issuance of occupancy permit. g. Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. City ordinance Plan check Prior to occupancy Traffic Engineer 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; the City of Newport Beach. Prior to final design and construe- OCIDCID; Traffic Engi- ; tion of any frontage improvements, the City of Newport Beach neering Dept. 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 Public Works Dept. ,• development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. 11. Residential, commercial and office development shall 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. MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENr Implementing Method of Timing of Mitigation Measure Action Verification Verification 12. The applicant shalt ensure that all residential lots and dwellings are sound attenuated against present and pro- jected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor tieing aces and an interior standard of 45 dB CNEL in all habitable moms. Evidence stall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a ntanner consistent with appli able 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 sole discretion of the City, an Acoustical Analysis Report shall be submitted to the Citys Advance Planing Manages for approval. The report shall describe in detail the exterior noise environment -and preliminary mitigation measures. Acoustical design Features to aebave interior noise standards may be included in the report in which case it may also salary-W below. a Prior to the issuance or any building permits, an acoustical analysis report describing the acoustical design features of the shvetures 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 incorporated into the design of the project. C Prior to the issuance or any building permits, all freestanding acoustiat barriers must be shown on thepr*cts plot plan illustrating beight, location and construction in a manner meeting the approval of the Citys Advance PlaningManager. Condition of Plan cheek; Prior to map approval field testing recordation/grading permits/building permits/occupancy permits 4 Responsible Person Advance Planning Manager 40 MITIGATION MONITORING PROGRAM SUMMARY, rant. 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 Dime - tor to verify compliance with SIC 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 of liming of Responsible Action Verification Verification Person Condition of approval 14. All freestanding acoustical barriers shall be a berm, Condition of wall or combination berm and wail. 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 arid grading plans 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 pre-school operations. If necessary, additional conditions related to construction activities may be placed on the project 5 Plan check Plan check Plan check 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 MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREE.MENr Mitigation Measure 15. Pursuant to Section 160I-1603 of the State of Cali- fornia Fah and Game Code, the California Department of Fish and Game shall be notified of any alterations to stmmbed habitats. The applicant or any successors in interest shall be respo+w'bit for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek South, Up- per Castaway; Newporter North, and Freeway Rescmdon sites which would alter streambed habitats. The applicant or any successor in interest shalt notify the Department of Fah and Game and obtain any necessary permit prior to the issu- ance of a grading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport Beach prior to issuance of a grading permit. The City of Nm- port Beach shall be responsible for notifying the Department of Fish and Game regarding any grading related to any public improvements (eg. tns, recreational facilities, roads, drainage facilities, etr.) in areas designated for open space, public Gcifi- tics, and/or parks which would alter streambed habitats. The City of Newport Beach shah notify t Department of Fish and Game and obtain any necessary permits prior to commence- ment of any grading which could alter the streambed habitat. The permits issued by the Department of Fah and Game pur- suant to Sections 1601-1603 may require additional mitigation measures deemed necessary by the Department. 14 Wetland delineation studies in accordance and con- junction with theCelifomia Department of Fish and Game and US Amy Corps of Engineers permitting processes shall be performed for any wetWrd which will be impacted by grading and constriction activities The applicant or any successor in interest stall be responsible for conducting the wetland delin- ation studies for wetlands impacted by residential develop. ment or associated improvements on the Newporter North and Upper Cutaways sites If residential dwelopmentor 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 conductingthewetlanddelineation study. TheCityofNewport Implementing Method of Timing of Responsible Action Verifiation Verification Person Condition of Plan check Prior to grading Planning/Building approval; Cal FGC permits for San Dept. plan checkers; Diego Creek South, Public Works Dept. Upper Cutaways, Newporter North or Freeway Reserva- tion, or any public project affecting streambeds Condition of Plan check Prior to grading Planning/Building approval permits for any Dept. plan checkers wetland ara Public Works Dept. M 40 MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Beach shall be responsible for conducting the wetland dclinea= 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. Implementing Method of Timing of Responsible Action Verification Verification Person 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, Bay CEQA compliance 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 somb, 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 FIR will occur. If new significant adverse impacts are identified, addi- tional mitigation measures shall be adopted. I& Grading, earthmnving, 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, ermion 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 wristing 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- lished by the Bluff Top Setback Ordinance except that neces- Standard CEQA Prior to approval of compliance review public facility plans for natural open space/passive park areas Plan check; Prior to grading field inspection permits for Upper Castaways, San Die- go Creek South,Bay Vfew Landing and Newporter North Environmental Coordinator Planning/Building DepL plan checkers; grading inspector • MrIIGAMON MONITORING PROGRAM SUMMARY, rant. CtRCUTATiON IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure sary for trail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area; of 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 Vier Landing - no grading, stockpiling of wit or operation of equipment shall encroach into the hill- side above the 254mot contour of the lower development arc. 19. Prior to grading and/or constructing any public facility on the San Diego Creels North site which will encroach into the on -site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the public facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands, This plan shall re- flect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands- Offsets shall be achieved by either cresting a new freshwater marsh on -site or enhancing and expo ilml; am existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecologuat Reserve - 20. Prior to grading and/orconsiructing any residential development or associated improvement on the Upper Cast- aways site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of,a plan which shall offset the leas of wetlands This plan shall mBecrall mitigation requirements of any State or Federal agency having jurisdiction over the affect- ed wetlands. Offsetsshallbe achieved by either meatinga new freshwater mash o"te or enhancing and expanding an c)*- ing freshwater marsh in or :tear the Upper Newport Bay Eco- logical Restive. 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 Implementing Action Condition of approval Condition of approval 21. Prior to grading and/or coosttuctfug any residential Condition of development or associated imprwement on the Newporter approval North site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shalt offset the loss of wetlands. This plan shall reflect all mitigation requirementsof K Method of Verification Plan check Plan check Plan Check Timing of Verification Prior to grading permits for San Diego Creek North Prior to grading permits for Upper Castaways Prior to grading permits for Newpo- rter North Responsible Person Planning/Building DepL plan checkers, ACOE/USFWS/- DFG Planning/Building Dept plan checkers; ACOE/USFWS/- DFG Planning/Building Dept. plan checkers; ACOE/USFWS/- DFG 40 MITIGATION 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 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 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 corridors. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use of lighting systems which conceal the light source and minimize light spillage and glare; screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen 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 Gtyapproved, 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 areas intended for preservation shall be temporarily fenced. approval This measure shall pertain only when grading, stock -piling, or other construction activities are proposed within 100 feet of the boundaries of the wetland area. A plan identifying the wetland area and the location of the fencing shall be.submitted to the City of Newport Beach prior to issuance of any grading permit. 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 Responsible Person Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers; Grading Engineer 0 E MITIGATION MONIPORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure ?R. This measure shall apply to the Newporter North, Newporter Knoll, Bay Vtew Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites Reve- getation of cut and fill slopes, bluff stabilization/remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of develop- ment of residential, public facilities, or recreational areas) shall be accomplished with plant palettes containing predominantly native species Steeper slopes (greater than 21) shall be reve- geated with a mixture of coastal sage scrub species including California sage brush which now dominates coastal sage scrub used by California griatcatehem Portions of more level areas shall be revegetated with species of native perennial grasses in an attempt to establish native grassland. An expert in land- scape temptation, who is knowledgable and qualifiedinna- tive plant mixtures shall provide consultation into the prepara- tion of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to himaince of building permits for private development or commencement of grading for public facilities and public reactional uses. S. All nontmergeney grading related to bluff stabili- zation/remediation on the Newporter North and Bay View Landing sites shalt occur during the non -breeding season for the California gnatatcher- The non- breeding season is from August Ito January 31. X Prior to approval of site plans or subdivision and/or City approval of a park development plan (whichever comes first), the City shalt retain a biologist to further asses the potential for human and per intrusion into the coastal sage scrub habitat supporting the California goatcatcher population. This assessment shall be at the cat of the developer if related to site plans or subdivision, or at the cat of the City if related to the park development plan If the kvel.of expected intru- sion is considered to be of sufficient magnitude to significantly impact the California gnatatcher populations on site, mitiga- tion 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 feria Implementing Method of Timing of Responsible Action Verification Verification Person Condition of approval Condition of approval Condition of approval 10 Plan check; submittal if biological report by applicant Plan check inspection Plan check Prior to building permits for private development or prior to grading for public faclitks adja- cent to sensitive habitat areas in Newporter North, Newporter Knoll, Bay View Larding, Upper Castaways, San Diego Creek North or San Diego Creek South Prior to grading permits for Newpo- rter North or Bay View Landing Prior to site plan/ tentative map or park development plan approval Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers, grading inspector Planning/Building Dept. plain checkers 0 MrriGATION MONITORING PROGRAM SUMMARY, cont. CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure ing, homeowner and community educational programs about the potential impact of cats on wild birds, programs for top- ping and removing problem animals. Implementing Method of Timing of Responsible Action Verification Verification Person 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 25 foot buffer from Bonita Creek 83. The precise details of any revegetation/replacement Condition of program will be developed in conjunction with review and approval; CEQA approval of design and grading plans when the exact nature compliance 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 programs in Orange County, such as those conducted in Crystal Can State Park, it is fully reasonable to expect thara properly prepared revegetation program will be successful in mitigating impacts. 11 Plan check Prior to final -design approval for any public or recreation - at facility on San Diego Creek North Plan check Plan check 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 0 MMGATION MONITORING PROGRAM SUMMARY, cons CIRCULATION IMPROVEMENTAND OPEN SPACEAGREEMENP Mitigation Measure Implementing Method of Action Verification Timing of VeriGation Responsible Person 84. Prior to the issuance of a grading permit for the Condition of Plan check Prior to grading Planning/Building Newporter North site, the project proponent shall contribute approval permits for Dept. plan checkers; up to $10,000 to complete an Upper Newport Bay Coyote Mo. Newporter North USPWS Mitering Study, to be conducted under the direction of the U.S. Fab and Wildlife Service. The study shall be completed prior to the commencement of grading. The study shall include gathering data to establish a pre -construction baseline measure- ment of the number and frequency of coyotes using the laver portion of Upper Newport Bay in the vicinity of the Newporter North site, If, after commencement of eonsttuction, it is demonstrated -by - the US. Fah and Wddfife Service that there has been a sigairi- cant decrease in the population of coyotes in tbcvicinity of -the Newporter North Site, due solely to development of the site, and, this decrease in OMJMc populadow bas had a detrimental effect on sensitive bird species in the arcs, the project propo- nent shall contribute up to $25,000 toward an animal manage- ment program to be mWalstered by the Resource Agency managing the Upper Newport Bay Ecological Ream. Earth ]ieaoncs Paoltingsad Seismicity 26. Buildings four stories in height or higher shalt be Condition of Plan check Prior to building Building Dept. plan designed in arcordanco with requirements for seismic zone 4 as approval permits for any checkers outlined in Chapter 23 of the Uniform BuildingLCode and/or structure of 4 or with -the benefit of a site specifieseamic ground response spec- more stories trum study which would be prepared by the project geotecha- ital consultant and structural engineer to allow matching of building period with site period. The structural plans and/or ground re"m study shall be completed to the ataf"on of the Building Department prior to lunante of a buildingpermit. 27. Buildings less than four stories in height shall be Condition of Plan check Prior to building Budding Dept plan designed by a Stn+ctursl Fnguureer in accordance with UBC approval permits for struc- checkers Chapter 23 requirements for Scisink Zone 4. Noncritical tureswith few than structures shall be designed to withstand strong ground shaking 4 stories that may accompany a maximum probable earthquake along 12 MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCUTAT1ON IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure the Newport -Inglewood FaulL Critical structures (i.e., hospi. tals, fire/police facilities, schools, etc.) shall be designed to withstand strong ground shaking associated with a matdmum 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. Implementing Method of Timing of Responsible Action Verification Verification Person 28. Habitable buildings shall not be placed adjacent to Condition of Plan check Prior to tentative (above or below) slopes or bluffs where seismic induced slope approval map approval or or bluff failure could occur. Though the City has established a grading permits Bluff Setback Criteria for development on the top -of -bluff (Development Policy D2b.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 DepartmenL 29. In accordance with the Alquist-Priolo Special Studies Condition of Plan check Prior to tentative Zone Act, a Registered Geologist shall further evaluate and approval map approval or make recommendations regarding the potential for ground grading permit surface rupture effecting proposed development on -sites where 'Potentially Active Faults" have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the 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 13 Building Dept. plan , checkers Planning/Building Dept. plan checkers • MITIGATION MONMORING PROGRAM SUMMARY, rant. CIRCUTATION IMPROVEMENT' AND OPEN SPACE AGREEMENT Mitigation Measure 30 Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical Consultant The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geoteehniat consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geoteehnical consultantshall praMe mitigation measureswhich could include mechanical deasifiation of liquefiable laycrs, dewatering, fill surcharging or other appropriate measures. The Geotechnial 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 isuance of Grading Permit Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department 31. Any necessity divetsioa devices, catchment devices, or velocity reducers shall be iocorporated into the grading plan and approved by the City Grading Engineer prior to issuaam of gradingpermite Berms or other catchment devices shall be incorporated into the grating plans to divert short Bow runoff away from areas which have -been stripped of natural vegeta- tion. Velocity reducers shall be incorporated into the design, especially when drainage devices cut to natural ground. Implementing Action Condition of approval Condition of approval 32. AB fill slopes shall be property compacted during Condition of grading in conformance with the City Grading Code and veri- approval fled by the project Geotecl ni al Consultant Slopes shall be planted with vegetation upon completion of grading. Conf0r6 mane with this meaatre shall be verified by the City Grading Engineer prior to the issuance of occupancy permits. 14 Method of Verification Plan check Plan check Plan check Timing of Verification Prior to grading permits Prior to grading permits Prior to grading permits Responsible Peyton Building Dept. plan checker Building Dept plan checker Budding Dept plan checker MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT' Mitigation Measure Implementing Action Method of Verification Timing of Verification Responsible 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. 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 Plan check Prior to grading Building Dept. plan artificial substances shall be recommended by the project land- approval permits checker scape 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 Condition of Plan check Prior to tentative Building Dept. plan or toward the bluffs on the Upper Castaways 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- Castaways or Newp- trol 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- echnical 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 Inrtabffi'ty 36. The project geotechnical 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 geotechnical issues related to bluff and slope stability of any existing bluff or slopes. These 15 E • MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENSAND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person reports shall inciude 1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory test- ing results, 3) stability analysis of costing bluffs and proposed slopes as illustrated on the tentative tract map or rough grad- ing plan; 4) conclusions; 5) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engi- neer prior to issuance of a grading permit. 37. Prior to the issuance of grading permits, the Projcet Condition of Plan check Prior to grading Planning/Building geotechniaf consultant and/or civil cagineershall make written approval permits Dept. plan Check= recommendations for manufactured slope stabilization includ- ing, but not limited to, buttressing, rockboltin& grouting, slope gradient taybacks, or retaining walls. All necescaryremmmen- dations shall be included in the grading plan to the satisfaction of the City GradingEngineer. 3& Though the City has established a Bluff Setback Condition of Plan check Prior to grading Planning/Building Criteria for development on the top -of -bluff (Development approval permits Dept plan checkers Policy D2 -b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Beach Municipal Code section 20.15LOSO), the City minimum setbacks may tot necessarily be adequate from a geotechnial viewpoint concerning bluff/slope instabili- ty. Prior to issuance of grading permits, appropriate safe bluff top setback recommendations shall be determined by the pro- ject Geoteehniat Comuitantbased on the evaluation required by Mitigation Measure 3 to the sattdaetion of the City Grading Engineer. 39. During grading a gcotechniat consultant shall mon- itor grWinE operations to ensure that recommendations for slope instability mitigation are implemented. Additionally, the Eeotechnial consultant shall evaluate slopes as they are graded through geologic mappingand analysis to ensure that no uma- ticipated conditions ate present. Slope stability mitigation recommendations may require modification during gadin& ComptWxc with this measure shall be verified by the Building Department - Condition of Feld inspection During grading Grading inspector approval 16 MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCUTATION IMPROVEMENT' AND OPEN SPACE AGREEMENT' Mitigation Measure 40. Prior to issuance of building permits, the geotechn- ical consultant shall prepare a Rough Grading Report -and As - Graded Gectechnital 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. Cmpressible/Collapable Soil 41. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible/collapsible soil potential for each site shall be provided by the geotechniml consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of ap- proval for the site-spccific 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 recornpaction 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 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. Expansive/Corrosive Sail Implementing Action Condition of approval Condition of approval 47- Written recommendations for the mitigation of ez- Condition of pansive and corrosive soil potential for each site, shall be pro- approval 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 subsurface mapping, laboratory testing and analysis and shall 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 • MITTGATTON MONITORING PROGRAM SUMMARY, rant. CIRCUTATTON IMPROVEMEff AND OPEN SPACE AGREEMENT Mitigation Measure be incorporated into final building plans prior to issuance of building pennits. The geotechnial consulanfs site•spccific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. Near Surface Gtoundaata 43. 7M project geoteehnkal consultant and/or civil engi- neer shall prepare written site -specific reviews of the tentative tract maps and grading plans addressing all salient geotechnial issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near -cur - face groundwater and the potential forartiticially induced grou- ndwater as a mutt of future developmen% and the effects grommdwater may have on exostingor future bluffs, slopes and structure. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewateting is recommended. The geotechnical consul - ant and/or civil engiueees reports shall be signed by a Gerd- fied Engineering Geolopst and Registered Civil Enginecr and shall be completed to the satisfaction of the GtyGrading Engi- neer prior to issuance of a starting permit All recommenda- tions of the =ports shall be incorporated into the grading, site, and building design to the satisfaction of the City Grading Engineer and City Engineer. Water Raoarees wafer o"Ety 44. Prior to the issuance of grading permits, the appli- cant shall provide to the Building and Public Works Depart- ments haul route pans that include a description of haul mutes, seem points to the sites aid wateringaad sweeping program designed to minimlre impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the pans shalt be submitted to the Citys Planning Department. Implementing Action Condition of approval Condition of approval Method of Verification Plan check Plan check Tinting of Verification Prior to grading permits Prior to grading Permits Responsible Person Planning/Building Dept. plan checkers; City Grading Engi- neer, City Engineer Planning/Building Dept. plan checkem Public Works Dime - tor 0 to, MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENTAND OPEN SPACE AGREEMENT Mitigation Measure 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 straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegemtion or construction. b. Air -borne and vehicle -borne sediment shall be con- trolled 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, can be used as an alter- native and/or supplementary method to protect against sedirrtenbbuildup. 46. Prior to the issuance of grading permits, the project geotechnical consultant and/or mil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary righlof--way diversions (.a, berms or wales) located at disturbed areas or graded right-of- ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. 47. The applicant shall provide a temporary gravel en- trance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate Implementing Action Condition of approval Condition of approval Condition of approval 19 Method of Verification Plan check; field inspection Plan check; field inspection Plan check; field inspection Timing of Verification Prior to grading permits Prior to grading permits Prior to grading permits Responsible Person Planning/Building Dept. plan checkers; grading inspector Planning/Building Dept, plan checker grading inspector Planning/Building Dept. plan checkers; grading inspector 0 MITIGATION MONITORING PROGRAM SUMMARY, rem. CIRCULATION IMPROVEMENT' AND OPEN SPACE AGREEMENT Mitigation Measure mud and sediment carried by vehicles or runoff onto public rights -of w y, the gmci shall cover the entire width of the en- trance, and its length shall be no less than fifty feet. The en- trance plans shall be reviewed and approved by the City Engi- neer and Grading Engineer concurrent with review and approv- al of grading plans. 48. The applicant shall construct filter berms or other approved device for the temporary gravel entrance. Theberms shall consist or 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 gradingplans prior to the issuance of grading permits. The plans shall bezeviewed and approved by the City Grading Engineer. 49. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plane. It shall consist of an embankment of compacted soils across a drain- age. The basin shall not be located in an area where its failum would lead to a loss of life or the to" of service of public utili- ties or roads. The -plan shall be reviewed and approved by the City Grading Engineer. 74. Prior tossasnceofgrading permiMtheapplicantor successor in interest shall prepare a plan for approval by -the City or Newport Beach Grading Frgineer for the control of accidental spills, litter, and solid -waste disposal during grading and construction. Fisting policies and standards of the City of Newport Bach and Pict Department shalt be incorporated. The plan shall be implemented as necessary during grading and construction attivitiM 75. Any recorded CC&Rs stall incorporate mandates to the Homeownces Associations, commercial properties manage- ment and apartment management companies regarding: Fertrlaer/Pesticide/Herbicide manage - meat practices Implementing Action Condition of approval Condition of approval Condition of approval Condition of approval ME Method of Verification Plan check; field inspection Plan check; field inspection Pbn check; field inspection Plan cheek Timing of Verification Prior to grading permits Prior to grading permits; during grading Prior to grading Permits Prior to occupancy Permits Responsible Person Planning/Building Dept. plan checkers, grading inspector Planning/Building Dept. plan checkers, grading inspector Planning/Building Dept. plan cbeekeni; City Grading Engi- aeeg grading/buil- ding inspectors Planning/Building Dept plan checkers Cl Ll MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Irrigation Management Practices Street sweeping requirements: vacuum truck, fall cleaning, etc. Signage and catch basin stencil mainte- nance. Annual distribution of informational biro - chutes (see Mitigation Measures #77). These mandates shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permits. Implementing Method of Timing of Responsible Action Verification Verification Person 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 reader that the catch basin drains to the Newport Bay and to warn against dumping. 77. Brochures (such as the Wonpoint 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 minimizing non-stormwater runoff or adverse impacts of over -irriga- tion. 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 inspeo- for Planning/Building Dept plan checkers • • MITIGATION MONITORING PROGRAM SUMMARY, cent. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Tuningof Responsible Mitigation Measum Action Verification Verification Person These brochures shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permits. Drainage Patterns 50. Prior to issuance of a grading permit, the master Condition of Plan check Prior to grading Planning/Building plans of water, sewer and storm dram facilities shall be ap- approval permits Dept. plan checkers; proved by the City Engineer. Any systems shown to be re- City Engineer quired 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 Resources ALL PROJECT SITES SL All sites shall be mitigated pursuant toCouncil Poli- Condition of Plan check; Prior to grading Planning/Building cyKS. Where further testing or salvage is required, the appli- approval field inspection permits; during Dcpt_plan checkets, cant shall select a Gtyappmved qualified archaeologist to grading grading inspector ra,mate a ample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes.. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning -Department within 90 days of the completed data recovery program. 52. The applicant shall donate all archaeological materi- Condition of Review by arehae% Prior to building Planning/Building al, historic, or prehistoric, recovered during the project, to a approval paled monitor permits Dept. plan checkers loot institution which has the proper facilities for curation, dis- play and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate, tool institution shall be approved by the Planning Department baud on a recommendation from the qualified archaeologist. n Any eaavation of a site located within the Coastal Condition of Plan check Prior to grading Planning/Building zone of mom than two surface meters of dirt shall require a approval permits MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Method of Action Verification Timing of Verification Responsible 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-Ora-49 and CA-Ora-186 on the Upper Cast- Castaways 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 significance. 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 tut excavations. BAY VIEW LANDING 55. Prior to issuance of a grading permit, CA-Ora-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 City 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 significanm 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 Plan check Prior to grading Planning/Building sor shall retain a City approved archaeologist to place a test approval permits oa Bay View Dept, plan checkers unit on top of the knoll on the Bay View Landing site in the Landing 23 MITIGATION MONCTORING PROGRAM SUMMARY, cunt. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREFMENf Mitigation Measure area containing shell scatter, to determine if the shell is repre- sentatin of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submitted to the Plan- ning Department within 90 days of completing the test exca- vation. vl:./ia .4 151 v a R0, Implementing Method of Timing of Responsible Action Verification Verification Person 5& Prior to the use or development of the open space Condition of areas for passive xeereational uses, CA-Orasl and CA-0ra418 approval on the Newporter North site shall be surface collected and sub- jected to test excavations to dctermine 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 exavatioac 59. Prior to the issuance of a grading permit, the appii- Condition of cant shall conduct a surface collection of the eastern extension approval of CAOra-100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a cityapproved archaeologist A reportshall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of com. pleting the surface collection. 60. Prior to the issuance of grading permits, the sppli- Condition or cant shall conduct a data recovery of program CA-0a-64 on approval the Newprrter North site. The program shall be conducted by a City approved archaeologist A report shall be prepared derailing all findings and submitted to the Planning Depart- ment within 90 days of completing the data recoveryprogam. 61. Prior to issuance of a grading permit for residential Condition of devetopmentoranybluRstabization, agualified archaeologsst approval shall review grading and drainage plans -to determine if there ate any indirect or direct impacts to CA-Osa Sl, 52 and 51& If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be -prepared detailing all findings and submitted to the Plan - rung: Department within 90 days of completing test excavation. 24 Plan check Plan check Plan check Plan check Prior to grading permits for open space areas on No- wporter North Prior to grading permits on Newpr- rter North Prior to grading permits on Newpo- iter North Prior to grading permits on Newpo- tier North Planning/Building Dept plan checkers Planning/Building Dept plan checkers Planning/Building Dept plan checkers Planning/Building Dept plan checkers 11 I* MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT' Implementing Mitigation Measure Action IWPA11114)Atit_]l 44UO]i7 62. -Prior to any grading or use of the site, the City shall Condition of conduct a surface collection of archaeological material present approval on the top of the hill of the Newporter Knoll, with tat units placed on the hill to determine site significance and bound- aries. One unit shall be placed in the recorded area of CA- Ora-50 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 tat excavation. BLOCK 8W 63. Prior to the issuance of a grading permit a qualified Condition of City approved archaeologist shall conduct a surface collection approval of CA-Ora-136 on the Block SW site and subject the site to tat excavations to determine site extent and significance. A tat 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 proved qualified archaeologist shall dig post holes in the areas approval containing surface shell on the Corporate Plaza West site to determine if the shell represents subsurface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of com- pleting subsurface testing. 65. Prior to the issuance of grading permit, the surface Condition of near 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 disturbance. 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- rate 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 9 i MITIGATION MONITORING PROGRAM SUMMARY, cunt. CIRCULATION IMPROVEMENT' AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Action Method of Verification Timing of Verification Responsible Person pared detailing all findings and submitted to the Planning De- partment within 90 days of completing the surface examination. FREEWAY RESERVATION 66. Prior to issuance of a grading permit for the north- Condition of Plan check Prior to grading Planning/Building ern development area (Lot 2), a City approved qualified ar- approval permits on Lot 2 of Dept. plan checker chaeologat shall examine thesurface of areas prcviouslyidenti- FreenayReservation ' fied as CA -Ora 216. The examination shall be conducted after removal of brush but prior to grading. A report shalt be pre- pared detailing all findings and submitted to the Planning De- partment within 90 days of completing the surface examination. Pateaatoiozy 67. Prior to the issuance of grading permIM a collection Condition of Plan check Prior to grading Planning/Building plan shall be prepared and implemented by a City approved, approval permits on Bay View DepL plan checkers qualified paleontological monitor for known exposed fossil Iautding. Newporter Lora sties on Bay View Sanding, Newporter North, and Upper North and Upper Castaways. Beaux of the small nature of some fossils present Cutaways in these rock units, matrix samples shall be collected forpro- ceasing through fine mesh screens. The collection ptanshan be reviewed and approved by the Planning Department 63 Prior to the issuance of grading permits, the appl- Condition of Plan check Prior to grading Planning/Building ant shall make provisions for the preparation and oration of approval permits DepL plan checkers all fotsi6 possibly recovered, from the sites during grading. The SMI be done in it manner approved by the Cir/s Planning Department 69. Prior to the issuance of grading permits, the appli- Condition of Plan check Prior to grading Planning/Building ant stall identify a repository approved by the Citlrs Planning approval permits Dept. plan checkcts Department which stall receive all fossils collected from the sites 70. Cliff faces along Upper Newport Bay that have Condition of Plan check Prior to grading Planning/Building served as a reference section for ecro-paleontologrcai studies approval permits affecting Dept plan ehakers should be protected from alteration. If bluffs along Newport bluffs Bay need to be altered for bluff stabilization purposes, detailed C2 MMGATION MONITORING PROGRAM 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 these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the compara- live study and sampling. A report shall be submitted to the Planning Department within 90 days. Public Services and Utigtks Law Enforcement 71. The project proponent shall work in conjunction with the City of Newport Beach Policy Department to ensure that crime prevention features are included in building design and construction. The City of Newport Beach Police Department shall review all site plans and access plans. water 72. Prior to issuance of grading permits for the develop- ment sites, the applicant shall be responsible for preparation of a Master Plan of Utilities. The Master Plan of Utilities will determine any necessary expansion of facilities and/or any modifications, upgrades or extensions to the existing water systems inviting 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 Implementing Action Condition of approval Condition of approval 73. Prior to issuance of grading permits, the developer Condition of will provide a Master Plan of Utilities facilities for the on -site approval development in order to determine the exact necessary modifi- cations or extensions to the existing sewer systerns, if needed. An necessary expansions of facilities and/or upgrades or exten- sions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current dis- 27 Method of Verification Plan check Plan check Plan check Timing of Verification Prior to building permits Prior to grading permits Prior to grading permits Responsible Person Planning/Building Dept. plan checkers, Police Dept. Planning/Building Dept. plan checkers; City Engineer Planning/Building Dept plan checkers; City Engineer MITIGATION MONITORING PROGRAM SUMMARY, milt. CIRCULATION IMPROVEMIIVTAND OPEN SPACE AGREEMENP Implementing Mitigation Measure Action trict or City policies dictate -otherwise. The Plan shall be re- viewed and approved by the CityEnpneerprior to issuance of trading permits. Landes 80. Prior to approval of a site plan review for the Upper Condition of Cutaways site, the applicant or successor in interest shall pro- approval vide evidence that they have comwi ted with the Newport har- bor Lutheran Church regarding the design of the residential development. Design issues to be addressed Mtxlude, but are not limited to: Partin& a cxcss, location and placement of struc- tures, directional siguage, and Lndscapin& R\ \CIOSA\MM TBL 9.1 Method of Timing of Verification Verification Plan cheek Prior to site plan approval for Upper Cutaways Responsible Person Planning Dept. plan checker 9 01 LSA Associates, Inc. Principals Rob Balen Sbeihs Brady Les Card David Clore Steve Granholm Richard Harhecber Roger Harris Art Homrighansen Larry Kennings Carollyn Lobell Bill ALayer Rob McCann Rob Schonbolrz AlalcobnJ• Sproul Associates Deborah Baer James Baum Connie Calica Steven W Conk -ling Ross Dobberteen Gary Dow Richard Erickson Kevin Pincher Clint Kellner Laura Lafler Beason Lee Judith H. Alalamut Sabrina Nicholls U. IV.. 'Bill' O'Connell Anthony Petros Lynette Stanchina Jill Wilson Lloyd B. Zola LSh March 27, 1998 Mr. Dave Foell Standard Pacific of Orange County 1565 West MacArthur Blvd. Costa Mesa, CA 92626 Environmental Analysis Transportation Engineering Biology and Wetlands Habitat Restoration Resource Management Community and Land Planning Landscape Architecture Archaeology and Paleontology Subject: First Annual Report for the Wetland Habitat Mitigation and Monitoring Plan - Newporter'North Dear Mr. Foell: This letter serves as the first annual report for the Newporter North Wetland Habitat Mitigation project, located within the Harbor Cove (formerly known as Newporter North) development area, bounded by jamboree Road on the east, San Joaquin Hills Road on the north, Backbay Drive on the west, and John Wayne Gulch on the south in the City of Newport Beach, California (Figures 1, 2, and 3 attached). This report addresses the site preparation activities, installation process, main- tenance performed to date, and early establishment and development of the installed plant community. As stated in the Habitat Mitigation and Monitoring Plan for the Newporter North Development (HMMP) prepared by John M. Tettemer & Associates (1995), all reports shall be prepared on an annual basis for a minimum of five years following installation. Each subsequent report will more thoroughly evaluate the site for progress toward meeting the perfor- mance standards (i.e., plant growth, species composition, general community development, and structure), as the plant community matures to a stage that can be more readily assessed for these characteristics. BACKGROUND The HMMP provides for the replacement of 0.24 acres of jurisdictional wetlands with 1.44 acres (four to one replacement, with an additional 0.48 acre of mitigation credit). However, the actual construction impacts changed from that addressed by the HMMP, primarily surrounding the main channel inlet pipe and riprap. The construction impacted an additional 0.10 acre of jurisdic- tional wetlands (originally 0.24 acres), and reduced the restoration area by 0.08 acres (originally 1.44 acres). Although the impact to jurisdictional wetlands was increased to 0.34 acre and the restoration area was reduced to 1.36 acres, the restoration still meets the four to one replacement requirement. No addi- 3/27/98441:\5P0501\1998\WETLND i.RP'D> One Park Plaza, Suite 500 Telephone 714 55J-0666 Other offices located in Berkeley Irvine, California 92614 facsimile 714 55J.8076 Pt. Richmond, Riverside and Sacramento E-mail lsa_im&z.netrom, corn LSA Awocuta, [tic. tional area was created for mitigation bank credit, as stated in the HMMP. The implementation of this restoration project was required as part of the terms and conditions for the approval of Tentative Tract No 15011 and Site Plan Review No. 70, pursuant to Section 404 of the Clean Water Act (Appendix A, attached) and Section 1600 of the Fish and Game Code delineated by John M. Tettemer & Associates, LTD. October 1994. DISCUSSION Bemus Landscape Inc. (Bemus) was awarded the contract to implement the HUMP, including site preparation, installation, and maintenance. On April 23, 1996, the contractor began removing all of the highly invasive non-native vege- tation (primarily Brazilian pepper, myoporum, and pampas grass) from the wetland. All of the Brazilian peppers and myoporum were cut and stump treated with a 100 percent solution of Rodeo. Troy Kelly of CDFG was con- sulted regarding the removal of a concrete liner from the channel, which con- tained cattails. On June 4, 1996, LSA biologist Richard Erickson surveyed the wetland vegetation for nesting birds, at which time a pair of common yellowthroats were observed nesting in the cattails. Several follow-up surveys were conducted; the common yellowthroat nesting attempt apparently failed, and the vegetation clearing proceeded. On July 15, 1996, the concrete liner, along with the cattails it contained, were removed from the channel to enhance water percolation and channel flow. While removing the non-native vegetation, R.C.G. Company (subcontractor to Bemus) damaged some of the native vegeta- tion unnecessarily (several willow trees and a coyotebush). The contractor was immediately notified and, once aware, the contractor was more careful. The snowfence protecting the wetland was knocked down and miscellaneous con- struction debris was piled in the restoration area. Standard Pacific was notified, and the debris was immediately removed; the only vegetation affected was non- native grasses. Although most of the pampas grass was removed manually, some of the larger pampas grass was removed using a backhoe. During the removals, some of the native vegetation was trimmed to minimize damage and gain access for exotic plant removal. The native vegetation that obstructed the removals was cut clean and the cuttings were planted. Trash continued to litter the site, and was continuously removed throughout the construction period. On August 13, 1996, all of the container plant locations were marked with colored pin flags, and Bemus began installing the drip irrigation system. In addition, all of the Brazilian pepper and pampas grass resprouts were retreated with a foliar application of herbicide (Rodeo). Before planting was initiated, the wetland site was vandalized by three boys, who removed a good portion of the colored pin flags. All of the pin flags were recovered, recounted, and rein. stalled. Bemus completed installing the drip irrigation system and began au- guring the planting holes on October 1, 1996. In accordance with the City of Newport Beach Agreement for Tentative Tract No. 15011, Standard Pacific washed the construction dust that accumulated on the willow trees with a top mounted nozzle on a water truck Bemus installed eight additional 24 inch box western cottonwoods (Populus fremonth), 10 five gallon arroyo willow (Salix 3/17PI8<<I:\SP0501\1998\WETLND 1.RP'P> LSA Auodates, Inc. lasiolepis), and 25 one gallon mulefat (Baccharis pilularis) to provide a visual buffer from the road. The container plant installation was completed, and maintenance began on October 8, 1996. During the 120 day establishment period, the irrigation system was damaged and immediately repaired. It appeared to have been chewed by a coyote. At the end of the 120 day establishment period, LSA de- cided to forgo the survival survey, since visually the site contained less than 15 percent mortality. Following the installation, Bemus has regularly maintained the site, including a combination of manual and mechanical weed removal, herbicide treatment, and maintenance of the irrigation system. ASSESSMENTALETHODS The restoration site was surveyed by an LSA biologist (Appendix B, attached) on February 19, 1998, to evaluate the progress and development of the riparian/ wetland plant communities towards meeting the performance standards. Both quantitative and qualitative assessments were conducted to better evaluate this plant community's development. This qualitative survey method offers considerable information useful in evalu- ating the current status of the individual species and plant community as a whole. General observations pertaining to the growth, development, and health of the plant communities were documented. An assessment of the weed situation was also conducted with regard to the degree of invasion by non- native weeds, species composition, and potential methods of treatment. The entire site was also surveyed quantitatively for survivorship, percentage of cover, and height. All surviving trees in the restoration area were inventoried, by species. In addition, as required in the HMMP, a minimum of ten percent of each species was surveyed for crown diameter and height. The crown diameter data were then used to calculate average percentage of cover per species, fol- lowed by overall cover. RESULTS Overall, the installed plants provide minimal habitat value for the restoration area (Figure 4, attached)". The trees are sparse and currently contain little foliage. The mulefat and both species of willows (arroyo willow and Gooding's willow [Salixgoodingii]) have reached sexual reproductive maturity. Many of the Gooding's willows appear to be much slower growing than the rest of the trees. Cattails have already refilled in the main channel, and several species of wildlife are utilizing the site; they include: mourning doves, California towhee, Say's pheobe, Black pheobe, Anna's hummingbird, and Audubon's cottontail. The existing riparian vegetation provides the bulk of the overall habitat value. The site continues to be infested with non-native weeds, primarily non-native grasses, yellow and white sweet -clover, gazania, red stemmed filaree, Spanish 327/98«I:\SP0501\1998\WEM ND1.RP'P> 3 LSA A,sociuet, btc. sunflower, and Australian saltbush, with an occasional pampas grass and Brazil- ian pepper resprout. In addition, all of the trees in the wetland have been surveyed for survival, height, and percentage of cover, with the results shown below. Table A - Survival Data Number of Number of Plants Surviving required by the Percentage Scientific Name Common Name Plants HMMP of Survival Baerbarissaliclfolia Mulefat 76 53 143.4% PopulusFremontii Westemcottonweed 61 55 110.9% Salixgoodingii Gooding's willow 51 67 76.1% Salix Iasiolepis Arroyo willow 151 154 98.1% Total 339 �329 Table B - Height Data HMMP Year HMMP Year Three Height Five Height Requirement Requirement Scientific Name Common Name Mean Height (Feet) (Feet) (Feet) Populus Fretnontii Westem cottonweed 9.57 7 12 Salixgoodingii Gooding'swillow 5.25 12 18 Salixlasiolepis Arroyo willow 9.53 10 15 Table C - Percentage of Cover Data HMMP Year Three HMMP Year Five Percentage of Cover Percentage of Cover Percentage of Cover 30.8% 75 % 90% The survey revealed that a total of 339 plants have survived out of the 329 plants required by the HMMP, for a total of 103 percent. This is due primarily to the fact that more plants (primarily mulefat, western cottonwood, and arroyo willow) were installed than was required by the HMMP, to help provide a visual buffer between the wetland and the road. However, the number of surviving Gooding's willows and arroyo willows are fewer than the number required by the HMMP. Some of the willows were lost due to herbivore damage byAudu- bon's cottontails (Sylvilagus audubont). The heights of randomly sampled trees were recorded and the mean height calculated. The mean western cottonwood height is 9.57 feet, which already 327/9844I:\SP0501\1998\V/M1.NDI.RP'P> 4 r- LS4 Assodsres, Inc: meets the three year HMMP requirement. The two willow species have not met the three year height requirement; the mean Gooding's willow height is 5.25 feet and the mean arroyo willow height is 9.53 feet. Overall, the container plant stocking provides the site with 30.8 percent cover. CONCLUSIONS AND RECOMMENDATIONS At this time, the site does not meet the HMMP "performance standards," which is as expected at this early stage of development. Overall, the container plants are progressing well; however, the site does not appear to have adequate stock- ing to achieve the required performance standards. Shortly before preparing this report we recommended replacing all missing or dead trees (16 Gooding's willow and three arroyo willows) as well as supplementing the site with an additional 35 arroyo willows, 10 western cottonwoods, and 50 mulefat. These additional plantings, which are currently being installed, will help the site meet the performance criteria (primarily the 90 percent cover requirement), as well as enhance the age and structural diversity of the stand and provide better quality habitat for wildlife. The restoration site contains a high concentration of non-native weeds, primar- ily non-native grasses; however, these have little effect in the understory of the trees. As the site progresses, the trees will eventually shade out most of the non-native weeds in the understory. The site will be continually maintained for the next four years or until the performance standards are met The routine maintenance will consist primarily of removing the highly invasive weeds, including pampas grass, Brazilian pepper, Spanish sunflower, and Australian saltbush. If you have any questions regarding this report or would like to discuss the project further, please contact me or John Ko at (714) 553-0666. Sincerely, LSA ASSOCIATES, INC. M.W. "Bill" O'Connell Associate Biologist/Restoration Ecologist Attachments: Figures 1 through 4 Appendices A and B cc: Bob Roper, Standard Pacific of Orange County Liam Davis, CDFG Patricia Temple, City of Newport Beach Norm Witt, Irvine Community Development Company Elisha Back, John M. Tettemer & Associates, LTD. Lisa T. Morales, U.S. Army Corps of Engineers 3/17i98«I:\SP0501\1998\WEI'tND 1.RP1» LSA Asocares, bic. APPENDIX A SECTION 404 PERMIT 3/27i98«I:\SP0501\1998\\GEI7.ND I.RFP> DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS SAAMNMOP 900 NORTH LOS ANGELES STREET LOS ANGELES, UALIFORNtA 90012 GMYTO August 24,1995-M Office of the Chief Regulatory Branch The Irvine Company c/o John M. Tettemer dr Associates Attn: F,lisha Back 3151 Airway Avenue, Suite Q-1 Costa Mesa, California 92626 Gentlemen: This is in reply to your letter (No. 95-00189-1311) dated December 27, 1994, concerning our permit authority under Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) over your proposal to discharge fill into not more than 0.25 acres of an unnamed tributary to Upper Newport Bay located southwest of the intersection of San Joaquin Hills Drive and Jamboree Road in the City of Newport Beach, Orange County, California. The purpose of the .� fill is to construct road access behveen two portions of the Newporter North land development project. Regulations for our permit program, published in the Fuderal Register, include. Part 330 - Nationwide Permits (see the enclosure). The Corps of Engineers has determined that yout proposed activity complies with the terms and conditions of the nationwide permit at 33 CFR Parr 330, Appendix A(B)(26) for discharges of dredged or fill material into headwaters and isolated waters of the United States, including wetlands, that are part of a single and complete project which would cause the loss or substantial adverse modification of less than one acre of such waters. For the purposes of this nationwide permit, the acreage of loss of waters of the U.S. includes the filled area plus wafers of the U.S. that are adversely affected by flooding, excavation or drainage as a result of the project. As long as you comply with the nationwide permit conditions described in Part 330, Appendix A(C) and the attached special conditions, an individual permit is not required. This letter of verification is valid for a period not to exceed t-wo years unless the nationwide permit is modified, reissued, revoked, or expires before thin time. Presently, all nationwide permits are scheduled to expire on January 21, 1997. It is illctuLdJCut ul•+on you to rMain informed of changes to the nationwide permits program. A nationwide permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or ri;;hts of others or authorize inturference -2- with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Bruce Henderson of my staff at (213) 894-0351. Sincerely, �?D'L' Mark Durham Chief, South Coast Section P.egulatory Branch Enclosure -3- SPECIAL CONDITIONS FOR 95-00189-BH i. The permittee shall mitigate for impacts to approximately 0.24 acre of wetland habitat onsite by creation of 0.96 acres of wetland onsite. A copy of the Habitat and Mitigation Monitoring Plan for the Newporter North Development prepared by John M. Tettemer & Associates, dated May 1995, shall be sent to the Corps prior to impacts to tha onsite wetland habitat. 2. The pormittee shall scrid one copy of the annual mitigation reports prepared pursuant to the Habitat and IMingation Monitoring Plan for the Newporter North Development prepared ba John M. Tettemer & Associates, dated A•fay 1995, to the Corps within 30 days of the date the report is completed. i .LS`I:L ocvtct, [tic. APPENDIX B ANNUAL REPORT PREPARERS 327H8<(1:\SP0501\1998\WETLND 1.EP'P> LSA A,sod.¢es, [tic. APPENDIX B ANNUAL REPORT PREPARERS M.W. "Bill" O'Connell Associate Biologist/Restoration Ecologist LSA Associates, Inc. John Ko Assistant Project Manager Biologist/Restoration Ecologist LSA Associates, Inc. Eric Krieg Environmental Analyst Biologist LSAAssociates, Inc. 3/17/98<<I:\SP0501\1998\WEnND 1.RPP> 60 San Bernardino 60 County 605 Los Angeles County 57 � 71 \ 9 so 1 5 " 1 91 '\ 15 Riverside 1 County / 39 �/ \ 405 ss i Orange 22 5 405 j 55 County 241 133 / 4 c 73 1 1 74 PROJECT I / SITE 1\ � 1\ c I i 1 I i 1 O / C. San Diego n County p 9 f O' r 5 - •P J 3/6/98(SP0501) Figure 1 4i ;� N LSD Scale in Miles 5 Regional Location + + \' j' J PROeOSED 1 -rJ ��% %'�i' �� !/ '".':o ego 'a°i� y:5.', .a„a,;i <oe••'a`iay>'t 'Ixik � ��`__ ����� \_. :%� " !"'=� J,/ : 4n ad ... _i?a„F a" !iu•q na k<n:Y a ++�� �� 1 _ `_ -.\ :� 4 S` a tT.sr .' a.9 lk- 9�Piti�n t_i+ �{f'+e � �• �.� \\\\ --�-' ,:.' ��r•• '� ,P;>'n%n>ya�Tx.:�:'�`a'aA T'ial'vPvr.,�71� i � _ .".. i / ' ti- •rr j�z �`� en �sa,�", �,+t, � a. ^ S x9�1`>w.'• ru .`1`�. ``". • ✓ , r'3 'J \ ;•'V,.•^:: a�°"^ ;8 O•Y i , s"l''�n �_ {t �' Y �:�\�•-• `.:;••� `� _ 111/�: ��" •Fi. 9 00 1':'c�`ly a�'���' .r��°}Sb���„��Y �`�Y`rt� ` ;\�'.``` J, y .� ? � r 'F4aT »x". '�4 o Wi "pit' q.r'�'o^•' \`•� LEGEND. j��:�` I — I I -y a`a„+ta>1n a.1; r�•:Fafite-'s gs`.';zv1 Original Mitigation Area 1.44 acres --�`—CO3 Reduced Mitigation Area -0.11 acres 10 \ P { "� q *" :Y�- • " i r, .D ` "• x�<r' ^ v f .Y•'rttn't>'� n' ¢ h 3:1 ® Increased Impacts -0.10 acres y}, /'s 3��i, ® Additional Mitigation Area 0.03 acres m ! \ o Total Mitigation Area 1.36acres V t // / -I-r �+mV:� w�+av�•j �d � � v i 1e I / 'l, J "•`�Jvy-r'ktr4 f 6c ^.f'r 1n°,.; A _•_� � 3 •J� ay£' °rsr=�}i{�siY9." aa:'*T+ O.OS acre COTTONWOOD „ *' x;9 ::`r,5"!a a'. ^T' xP:l; a',�•a :i , • ' �h- "'" 0.03 acre a" . a•i' Nr3Rt}�'Si aVvn�: :P r r t ' + n r"-A•erf�FT+�J' 1 {�.x d}m'r•<-§ nnft m,< s:. I /j / �l '-f, r4-i ivi Y , "4.''s Y, .: r k rai K+>q,# t.,s r ^ w t tS , +1.( .i Er LF'.r (`d-r 4.n.' i•1 �„i S A��.^• >.. • 6 al.y3r, r$r yyvr¢i' i; l;, raa ai;o-J4#-}r✓v 'S '/ /.� /'•. � � �� fir .*vy:vr •f•/'���-..�ti� -tom' \ I -i f6PQ'<•,: /+Y:-. C'�._•�,� TTONWOt7b ... i \� \ <fZ�il Ir 1� I I + /j Z I v.uo acre I+, ! fl 00 ..``rtl}'": •�¢.." AR RYO W LOW are \\ — l >,+„L--^. • �y �.�- Via',• c i• < O� i0.Encre • fit' I �1 �,,.�.--. ��r{i�::::::5: u� �- CP j:.. JAMBOREE ROAD Base Map Source: Teticlner & Associates. 3/AMORPM011 LS 1 swk is rest O 3�0 60 Figure 3 Site Map Newporter North wetland restoration, five months followine installation. Newponer North wetland restoration, 13 months following installation. ;iv9arsrnsn t I LSh Newporter North wetland restoration, five months following installation. Newponer North wetland restoration, IS months following installation. FigUre 4 Newporter North Wetland Restoration QUALITY ORIGINAL (S) SENT BY:Xerox Telecoppier 7020 0 6-19-95 ;10:46AM JUN 19 '55 08112AM CITY NEWPORT BEACH =T] 7147202111-t 95466236i# 2 P12 DEPARTMENT OF FISH AND GAME •490 VAMIC011 M !AN DIlOO, CA 92123 June 6, 1995 Mr. James D. Hewicker, Director Planning Department City of Newport Beach Host Office Box 1768 Newport Beach, California 92659-1768 PLgi NNING DEPARTMENT OF NF'h'POFT BEAM' Ai JUN 74Gt9�til��t��INt4�i5�6 Coaaurrenes with NOW90 tsr North NCCP A(d) Rule Findings -•bear Mr. IfewIckerl The Department Of Fish and Game MFG) provides through this letter, our concurrence with your findings pur®uant to the 4(d) Special Rule for the incidental take of the California gnatcatcher (PolioptIlR califbrniea oallforndca) for the Newporter North project. The proposed mitigation measures re consjatent with the NCCP Conservation Guidslines and provide sufficient compensation for the potential loess of up to 3.4 acres o� California gnatcatcher occupied coastal sage scrub habitat. Should you have any questions regal n« this letter please contact either Ms. Cheryl Ratfley, Wildi a Biologist, at (310) 694-3578 or me at (619)467-4212, cc: Department of Fish and Game Dr. Larry Eng Sacramento Me. Patty Wolf Mr. Curt Taucher Mr. Troy Kelly U.B. Fish & Wildlife Service Mr. Gail Kobetich Carlsbad Orange County a=.. Mr. Tim Neely Mr. Gary Mederios File: Chron �iLVGi V 7 , William R. T7�a ippets NCCP Field Supervisor O "" pfam t an Propat MrrMF p Awc9reNatMWAW G F19W OMoo p Aeo MMS 0 Projea File 0 Chron File C other 06-19-95 11:26AM P002 #30 11 (e NEWPORTER NORTH WATER QUALITY WETLAND OPERATION, MAINTENANCE, AND MONITORING MANUAL September 1995 Prepared For: Newporter North Homeowners' Association Prepared By: John M. Tettemer & Associates, Ltd. TABLE OF CONTENTS Page I. INTRODUCTION ............................................ 1 A. Background ............................................. 1 B. Objectives .............................................. 2 C. Concept ............................................... 2 II. PROGRAM ELEMENTS ....................................... 4 A. Inspection .............................................. 4 1. Irrigation ......................................... 4 2. Plant Cover ........................................ 6 3. Sediment Levels .................................... 6 4. Inlet/Outlet Facilities ................................ 6 5. Security Fences and Gates ............................. 6 6. Access Roads ...................................... 7 7. Signs ............................................. 7 8. Slopes ............................................ 7 9. Trash ............................................ 7 10. Vectors ........................................... 7 11. Frequency of Inspection ............................ 8 12. Inspection Form .................................... 8 B. Monitoring ............................................. 8 1. Sediment ......................................... 8 2. Plant Material ...................................... 9 3. "First -Flush" Water ................................. 10 C. Maintenance ........................................... 13 1. Trash Removal .................................... 13 2. Plant Replacement ................................. 13 3. Sediment Removal ................................. 15 III. FIGURES .................................................. 16 IV. EXHIBITS ................................................. 17 I. INTRODUCTION This document has been prepared as a field manual to be used by the Newporter North Homeowners' Association to guide the operation, maintenance, and monitoring of the Newporter North water quality wetland located in Detention Basin No. 2. This manual provides specific guidelines on maintaining the site to be sure that it continues to function as designed and intended. A. Background The Newporter North residential development is located on a bluff overlooking the Upper Newport Bay. Runoff from the development will be routed through a storm peak reduction basin (Detention Basin No. 2) to reduce the peak flows generated during periods of high rainfall before being discharged into John Wayne Gulch, a valuable wetland plant community southwest of the development. Runoff which reaches the Gulch will eventually flow into the Upper Newport Bay. As mandated by the City of Newport Beach, the Newporter North project proponents must construct, operate, maintain, and monitor a water quality wetland to "treat" its urban runoff. The water quality wetland, which will perform that function, has been constructed adjacent to the Detention Basin No. 2 which is located on the west end of the project site near Jamboree Road. The City, as a condition of approval, writes that the: "...detention basin shall be created with a soft bottom to permit percolation, thus lessening that amount of water flowing directly to John Wayne Gulch. The detention basin shall be divided into cells and each MM.arr -1- 05931.1 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." Additionally, the City has indicated that: 'A manual detailing maintenance guidelines for the detention basin cells shall be prepared..." and "...shall be approved by the City of Newport Beach Planning and Public Works Department..." B. Objectives In order to protect the wetlands within the John Wayne Gulch and the Upper Newport Bay from the effects of runoff potentially containing pollutants, this water quality wetland has been constructed to capture and detain the "first flush" runoff from the tributary area. The first -flush runoff is defined as the first one-half inch of rainfall over a 24-hour period and is considered significant because it carries the majority of any urban pollutants. This Operation; Maintenance, and Monitoring Manual (Manual) provides the Newporter North Homeowners' Association with the background and methodology to operate and maintain this water quality wetland. C. Concept In order to effectively provide treatment of first -flush urban runoff, the first -flush runoff should be separated from the relatively clean subsequent MT07.ur'r -2- 05931.1 storm flows. This is accomplished by using a by-pass system. In a by-pass system, the initial runoff flows into the first -flush basin. Once the first - flush basin is full, subsequent flows by-pass the first -flush basin and enter the storm peak reduction basin. Within the first -flush basin are two separate compartments or "cells." Each cell is planted with emergent vegetation which traps, converts or consumes pollutants by sedimentation, adsorption, filtration, biological assimilation, microbial decomposition and chemical decomposition. Regular monitoring of the emergent vegetation and sediment provide information as to the general health of the site. If monitoring shows higher than acceptable levels of selected pollutants, the vegetation and accumulated sediment are removed. This would be done to one cell or half the site at one time, allowing the remaining vegetation to continue the biological processes. New emergent vegetation is planted to continue evapotranspiration and biological processes. The water quality wetland will be constructed with a supplemental irrigation system to support the vegetation when runoff is insufficient. The irrigation system will be activated by automatic sensors. Visual observations will also be required at least quarterly. More frequent observations may be needed if conditions warrant. MTUR" -3- 059.31.1 H. PROGRAM ELEMENTS A. Inspection An important element to the success of a water quality wetland is regular inspection to monitor the condition of vegetation, the operation of the irrigation system, preservation of storage volume, and need for repairs and trash removal. A qualified individual will be assigned as Inspector. An inspection form, Exhibit 1, will be filled out for each inspection visit. The site should be inspected quarterly once the site is established. More frequent inspections may be necessary to follow up specific issues. Inspections are to include the following: 1. Ird ag tion Adequate soil moisture levels must be maintained to provide water for the emergent wetland vegetation. This water quality wetland is equipped with a supplemental water distribution system. If runoff reaching the first -flush basin is insufficient to sustain the necessary soil moisture levels, supplemental water will be needed. a. Distribution system A sprinkler irrigation system has been installed to irrigate the emergent vegetation. This method was selected over flood irrigation because it can more reliably distribute water across the entire site while keeping the irrigation hardware out of the basin bottom. The sprinkler system has been connected to soil moisture sensors (tensiometers) located in several MM7.RPT -4- 059.31.1 locations within the basin. If tensiometers readings indicate the soil is too dry, the system will automatically be activated for a pre -determined period of time. If runoff from the tributary area has generated enough water to maintain the desired minimum soil moisture levels, the system will remain idle. The Inspector shall manually operate the sprinkler system during each inspection to be sure of its proper operation. This includes the proper functioning of the sprinkler heads and effective distribution to all areas of the wetlands. b. Tensiometer(s) tensiometers have been installed at the locations shown on Figure 2. These devices monitor the soil moisture levels at selected locations at a depth of 12-inches below the existing grade. The automatic irrigation system is set to tarn on when the tensiometer indicates more than (drier than) _ centibars. Once on, the system will run for _ minutes. The tensiometers should be checked to be sure that, at the time of inspection, it indicates less than (wetter than) _ centibars. If the tensiometers indicate the soil is too dry and the irrigation system is not operating, the system should be checked and repaired immediately. MM7.RrT -5- 059-31.1 2. Plant Cover By visual inspection and estimation, the Inspector shall record the percentage of emergent vegetation covering the invert (bottom) of the first -flush basin. If less than 90-percent coverage is observed, further investigation is required to determine the reason. Once the reason for the deficiency is determined and rectified, planting of the open areas should be undertaken to bring the wetland into compliance. 3. Sediment Levels The Inspector shall check to see if sediment is being flushed into the first flush basin in quantities that could affect its successful operation. If there is an appreciable quantity of sediment which could impair the well-being of the emergent vegetation or significantly reduce the storage volume of the basin, the sediment shall be removed. 4. Inlet/Outlet Facilities Inlet and outlet facilities should be inspected for proper operation. Any obstructions shall be removed. Any needed repairs should be made at the first available opportunity. 5. Security Fences and Gates The fences and gates shall be inspected to assure that no unwanted entry to the facility is allowed. Any necessary repairs shall be made immediately. MTD7.xrr -6- 059.31.1 6. Access Roads The access roads shall be maintained as designed and constructed. Any needed repairs should be made at the first available opportunity. 7. Signs The Inspector shall make sure all signs are in place. Replacement of missing signs shall be done immediately. 8. Slopes The Inspector shall check the slopes of the basin to make sure no erosion has occurred that could effect the as -designed intent of the facility. Proper replacement of eroded material shall be made at the first available opportunity. Additional measures shall be taken to discourage future erosion. 9. Trash Any trash such as cups, cans, paper, or other deleterious material shall be removed from the basin immediately. Care should be taken to reduce the impact on emergent vegetation while removing the trash. 10. Vectors The Inspector shall visually inspect for signs of vector problems including mosquitos and rodents. The Inspector shall take the necessary measures to discourage mosquito breeding areas. This includes monitoring irrigation to discourage ponding water for MT07.RPT -7- 059.31.1 periods longer that two weeks. The irrigation cycle or duration may need to be modified. The Inspector shall also check the berms for evidence of rodents (i.e. burrows). The necessary measures shall be undertaken to minimize or eliminate the effects of rodents. 11. Frequency of Inspection The site should be inspected quarterly by an individual who is knowledgeable about the various elements of the water quality wetland including sediment and wetland vegetation. 12. Inspection Form The Water Quality Wetlands Inspection Form (see Exhibit 1 in Section IV) shall be completed for each inspection. The completed form shall be filed with the Homeowners' Association as a record of inspection as well as documentation of problems and the effectiveness of solutions. B. Monitoring The most significant method of assuring the long term function of this water quality wetland is to monitor the pollutant levels accumulated within the basin, if any, and take the necessary corrective measures. 1. Sediment a. Methodology A soil sample shall be taken from two locations within, the basin. These samples shall be submitted to a qualified laboratory for analysis. The results of the analysis shall be nrmMrr -8- 059-31.1 sent directly to the Newporter North Homeowners' Association. The Homeowners' Association, with assistance of a qualified consultant, will assess the measured levels of the specified constituents. At that point a determination will be made regarding required action, if any. b. Constituents The laboratory shall analyze the samples to determine the levels of metals such as copper, lead, and zinc and pesticides such as those commonly used in urban settings, if any. C. Schedule Soil samples shall be taken in April of the first, third and fifth year after construction. Additional sampling may be done if warranted by the results. The monitoring program will be reviewed after the fifth year to determine future monitoring needs. 2. Plant Material a. Methodology Two plants samples shall be sent to a qualified laboratory for analysis. The results of the analysis shall be sent directly to the Newporter North Homeowners' Association. The Homeowners' Association, with assistance of a qualified consultant, will assess the measured levels of the specified MT07.RPT -9- 059-31.1 constituents. At that point a determination will be made regarding required action, if any. b. Constituents The laboratory shall analyze the samples to determine the levels of metals such as copper, lead, and zinc and phosphorus, if any. C. Schedule Plant samples shall be taken in April of the first, third and fifth year after construction. Additional sampling may be done if warranted by the results. The monitoring program will be reviewed after the fifth year to determine future monitoring needs. 3. "First -Flush" Water a. Methodology The purpose of monitoring the first -flush water is to determine the water quality of the runoff reaching the water quality wetland. One sample shall be sent to a qualified laboratory for analysis. The results of the analysis shall be sent directly to the Newporter North Homeowners' Association. The Homeowners' Association, with assistance of a qualified consultant, will assess the measured levels of the specified M3D7.RPT -10- 05931.1 constituents. At that point a determination will be made regarding any action. MTX),.RPT -11- 059-31.1 b. Constituents The first -flush water quality samples will be checked in the field for dissolved oxygen, conductivity, pH, turbidity, color, odor, and presence of oil sheen or scum. The sample will be sent to a laboratory for analysis of the following constituents. The constituent list will be adjusted if experience warrants. Total suspended solids V Biological oxygen demand Chemical oxygen demand Total phosphorous Soluble phosphorous ./ Total Kjeldahl nitrogen Nitrate and Nitrite / Total Coliform / Oil and Grease Copper Lead Zinc C. Schedule A water sample shall be collected at the inlet to the first -flush basin during the first "first flush" event of the storm season based on the prediction of one-half inch of rainfall within a 24-hour period. Water samples shall be taken during the MTD7.M -12- 059.31.1 first, third and fifth year after construction. Additional sampling may be done if warranted by the results. The program will be reviewed after the fifth year to determine future monitoring needs. C. Maintenance 1. Trash Removal Trash should be removed immediately upon observation. 2. Plant Replacement Based on the results of the laboratory analysis, removal of a portion of the emergent vegetation may be necessary. The following describes the method by which the unwanted vegetation should be handled. a. Criterion Removal of plant material shall be done prior to constituent levels reaching levels which preclude their disposal into ordinary landfills. b. Methodology Emergent vegetation shall be removed by using a small tractor, rakes, and other hand tools. Removal shall be done to one cell per cleanout cycle. Removals shall be done during the summer when the remaining cell can utilize and cleanse the water. Runoff shall be routed into the undisturbed cell. hnw.m -13- 059.31.1 C. Disposal The vegetation removed shall be disposed of properly at an approved disposal site. d. Replacement The following describes the specifications for replacement vegetation. Type The following is a list of emergent vegetation species, and their corresponding ratios, which are to be planted in the basin: Common Name Scientific Name Ratio Cattail Typhus latifolia 75% Bulrush Scirpus microcarpus 20% Common Reed Phragmites communis 5% Spacing The following is plant spacing of the emergent vegetation species: Common Name Spacing Cattail 2-3 feet Bulrush 2-3 feet Common Reed 2-3 feet Technique The most effective way to colonize the water quality wetland is to transplant live plants from nursery stock. MM7.RPT -14- 059-31.1 Cattail is an aggressive colonizer and will dominate under the proper conditions. The transplanted Cattail should be planted over approidmately 30-percent of the open cell. Planting should be done by creating four monotypic stands with individual plants spaced two to three feet apart. The same techniques should be used to plant Bulrush and Common Reed. 3. Sediment Removal a. Criterion Removal of accumulated sediment shall be done prior to monitored constituent levels reaching levels which preclude their disposal into ordinary landfills. b. Methodology Sediment removal can only be done after emergent vegetation has been removed. After the emergent vegetation is removed, those responsible shall determine the best method for removing the unwanted soil including the use of small tractors. Removal of vegetation and soil in the same operation is acceptable. c. Disposal The method for soil removal will be dictated by the amount and location of sediment. Disposal of the unwanted soil shall be disposed of at an approved disposal site. MT07.RPT -15- 059-31.1 FIGURE 2 General Layout of the Detention Basin and Water Quality Wetland within Newporter North FIGURE 3 Site Plan of the Water Quality Wetland FIGURE 4 Matrix of Operation and Maintenance Activities and Frequencies Newporter North Homeowners'Association Inspectionand MonitoringSchedulefor the Water QualityWetland within Detention Basin No. 2 First Third and Fifth Years Time of Year Task Jan. I Fe I Mar. Apr. I May Jun. I Jul. I Aug.Sep. I Oct. I Nov. I Dec. Inspection — Irrigation System X X X X — Distribution System X X X X — Tensiometers X X X X — Plant Cover X X X X — Sediment Levels X X X X — Inlet/Outlet Facilities X X X X — Security Fences & Gates X X X X — Access Roads X X X X — Signs X X X X — Slopes X X X X — Trash X X X X — Vector X X X X Monitoring — Sediment X — Plant Material X — "First —Flush" Water X, Notes: 1 — The time of the year shown is approximate. Actual sampling needs to occur during the "first —flush" event. NEWPORTER NORTH WATER QUALITY WETLANDS INSPECTION FORM Inspected By: _ Date Inspected: Temperature: _ Company/Affiliation: Time Inspected: am / pm VEGETATION ■ Minimum Percent Coverage by Emergents: 90 ■ Observed Percent Coverage by Emergents: If "Observed" coverage is less than "Minimum" coverage, please provide any observations or reasons for deficiency: IRRIGATION ■ Tensiometer Readings: Station A: centibars Station C: centibars Station B: centibars Station D: centibars ■ Distribution System ■ Please rate the apparent distribution of water, either runoff or irrigation water (Poor) 0 1 2 3 4 5 (Excellent) SEDIMENT TRASH ■ Please rate the apparent accumulation of sediment and its effect on the site (Insignificant) 0 1 2 3 4 5 (Significant) ■ Please rate the apparent accumulation of trash (Insignificant) 0 1 2 3 4 5 (Significant) VECTOR ■ Does there appear to be locations or opportunities for mosquitos to breed ? Yes No OTHER Please write down any other observations COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA phone: (714) 962-2411 8127 By. CA 6127 address: is Avenue Valley, CA 08-7018 Member\I �"Agencles cities r Anaheim \ Brea Buena Perk Lypress Fountain Uelley 1� Fullerton i do Beach Irvine Le Habra ftI a Pama Alamitos l rt Beach Orange Placentia lame Ana l 'Ila Park ra Linda Orange Istrlcts a Mesa n Grave Ivey City ristricts i Ranch September 28,1995 Mr. Marc Meyers CITY OF NEWPORT BEACH Planning Department 3300 Newport Blvd Newport Beach, CA 92658 SEWER SERVICE FOR TENTATIVE TRACT NO. 15011 Dear Mr. Meyers: RECEiVFD BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM OCT 0 21995 PM 718j911D1111121212131415t6 k The purpose of this letter is to satisfy Condition No. 25 of Tentative Tract 15011 City Council Meeting Minutes dated January 9, 1995. Condition No. 25 reads as follows: 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. County Sanitation District No. 5's sewer facilities are adequate to serve this project. Very (/ truly yours Y� David Ludwin Director of Engineering A Public Wastewater and Environmental Management Agency Committed to Protecting the Environment Since 1954 CONDITIONS OF APPROVALMTIGATION MEASURES OF ENVIRONMENTAL DOCUMENT Approval of all applicable Mitigation Measures within the monitoring program 2. CNB shall provide adequate parking necessary for bluff top park 3. Lower portions of SJHR slope shall be stabilized in a manner acceptable to the Grading Engineer and the Public Works Department 4. Provide a temporary barrier to prevent intrusion of grading beyond 60' contour above J Wayne Gulch. 5. Revegetation of manufactured slope shall be planted in native coastal sage scrub vegetation. 6. Provide a 6' high fence along the edge of the residential lots at the top of the manufactured slope with a design that will decrease noise from the development effecting are wildlife. 7. The detention basin shall be divided into cells which shall be maintained and cleaned periodically, A manual for maintenance guidelines shall be prepared prior to issuance of grading -Approved by Planning, Public Works, Calif dept of Fish and Game and U.S. Dept of Fish and Wildlife. 8. Prior to removal of any coastal sage scrub -obtain approval from U.S. fish and Wildlife Service, Calif Dept of Fish and Game, County of Orange- adherence shall be provided in writing prior to issuance of grading. 9. Removal of any coastal sage scrub shall be done outside the breeding season of the Calif Gnatcatcher-All removal, clearing and grading shall occur between August 15 and February 10 only. 10. Snow Fencing/silt fencing shall be installed in areas that shall not be impacted as well as -within 10' of the edge of bluff. 11. A City approved Biological Monitor shall be present during all coastal sage scrub removal and grading/clearing adjacent to any coastal sage scrub. 12. Removal of any Coastal sage scrub shall be done from east to west so that the Cal Gnatcatcher is able to disperse. 13. After slope stabilization measures are completed coastal sage scrub Revegetation plans shall be implemented -the revegetation/restoration plan shall be approved prior to issuance of grading. 14. Locate proposed bluff trail along the vicinity of the existing footpath to minimize wetland impacts. 15. Provide wetland buffers consistent with CIOSA Agreement and Cal Dept of Fish and Game, and the Coastal Commission. 16. Apply revegetation/restoration recommendations as specified in minutes and approved in the revegetation/restoration plan. 17. Retain a City approved Biologist to further estimate the potential for human and pet intrusion into the coastal sage scrub habitat that may effect the gnatcatcher population on the site. TENTATIVE TRACT MAP OF TRACT 15011 CONDITIONS OF APPROVAL . - That a Final Map be recorded (2) All improvement be constructed as required and in accordance with the Public Works Dept. A standard subdivision and surety be provided in order to guarantee completion of Public Improvements. 4Q" Provide each dwelling unit with individual water service. 5 Parking, vehicular and pedestrian circulation subject to approval of Traffic Engineer. 6 Sizes of streets, intersections, walkways -etc subject to approval of Traffic Engineer. Provide adequate sight -distance at all intersections -subject to approval of Traffic Engineer. O8 The California Vehicle Code be enforced on private streets and drives -show all traffic control devices on approved plan by Public Works Dept. If a control gate is proposed at entrance, a turnaround shall be provided ahead of gate -subject to approval of Public Works and Fire Dept. All easements shall be shown on the tract map Provide asphalt or concrete roads to all public utils, vaults, manholes and junction structure locations. 12. A 6' wide pedestrian trail shall be constructed along the bluff top and shall meet the requirements of the U.S. Dept of Fish and Wildlife, Calif Dept of Fish and Game and the Coastal Commission all subject to the approval of the Planning Dept, Publio Worms ks Dept. And the Community Services Dept. 13. A 12' wide bluff -top trail shall be constructed' (see cond # 13 for complete details) 14. Bluff top openspace and landscape shall be planted and maintained by the developer and/or the association -in which an agreement shall be required and approved by the City Attorney. 7(• W . S Reconstruct the 12' wide sidewalk along SJHR-subject to the approved of the Public Works Dept. 16. Roadway and right-of-way be dedicated along Jamboree Road -subject to review and approval of Public Works Dept -these shall be completed prior to occupancy of the first residential unit 17. Construct a Bus turnout along Jamboree as approved by the Public Works Dept and OCTA. T'V). (le -stripe Jamboree Road to provide clear ingress and egress to the site. construction access to site shall be from SJHR Street, drainage and utility improvements shall be prepared by a licensed engineer. A hydrology study be prepared for, and approved by the Public Works Dept The hydrology shall include additional drainage from Newport Center 23. A 20' water, sewer and storm drain easement be provided at the southerly end of the site as approved by the Public Works Dept and Utils Dept 04.Water serving the site shall be connected in accordance with the Public Works and Utils Depts. 2�Qj� Applicant shall demonstrate to the Utils, Planning, and Public Works Depts that bb�� �� adequate sewer facilities will be available for the project. Such demonstration shall include verification by the Orange County Sanitation District and the Utils Dept. Relocate proposed southerly sewer connection so as to not interfere with the proposed retention basin -final location subject to the approval of the utils and Pubic W s rents. 2V'''� Pay County Sanitation District fees prior to Building Permit issuance. RPublic Works plan check and inspection fee be paid. 29V Minimize disruption caused by construction work along roadways -use proper traffic control equipment and flagmen -A traffic control plan shall be approved by the Public Works Dept. Installation of a Fire protection system be installed for storage of any combustible materials. 36'qW In no case shall a property line be located closer than 40' from the edge of a bluff 3#941 Approval of landscape plans by the Public Works and General Services Depts 33#W All above grade utility enclosures shall be located so as to provide 4' clear width sidewalks and 8' width on streets. 34. Lot #'s , P, U, V, X, AND W shall be maintained by the Irvine Co/Homeowners Assoc. MAIL/ / Two parking spaces/dwelling unit shall be provided plus two guest spaces per unit -of the guest spaces, one per unit may be provided on -street or in commonly accessible parking bays. 30/ Plans and recommendations regarding the effects of increased rates of groundwater recharge which may adversely affect bluff stability shall be approved by the Grading Engineer. 370" Min fire flow reqmt is 1000gpm at 20 psi residual pressure. 38OWLocation of all fire hydrants subject to the approval of the Fire Department. 39k For all surficially unstable slopes a comprehensive soil and geologic investigation shall be provided. 40p✓Modify lot lines for lot "R" to comply with the bluff -top setback requirements if applicable -that is the 40' property line setback. 41bI1/Note 10 on the Tentative Tract Map shall be revised to eliminate the reference to a vesting tentative tract map. t MINUTES CITY OF NEWPORT BEACH INDEX / Prior to the acceptance of the slopes facing cig of Joaquin Hills Road by the City, lower portions 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 sloe ally lopes dedicated ization o or am to maintain l he City for the foreseeable future. To prevent the accidental construction activity exter contour above John Wayne that will function as be ennetfllction crews and intrusion of grading and ling beyond the 60 foot a or of '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•a&as a visual barrier for wildlife using John Wayne Gulch., at to of the manutaetureu ., ,{lA narPr half of the ife 37- MINUTES d CITY OF NEWPORT BEACH 0 December 8 1994 L L INDEX Gulch. The top of the fence may be any material including wrought iron, plexiglass, etc. 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 aDDroved.b the City of Newport each Planning and Public Works DeRartments i consu tation with the California Department of Fish an •Game and U.S.. epartment 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. rior 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 adhaencestoAhe NCCP, guidelines shall ube. provided do writing. -to the City of Newport Beaclipriordo4ssuance,of•any clearing or•.grading permit for the area which will effect the coastal sage scrub habitat. -38- MINUTES 'd CITY OF NEWPORT BEACH 'Y� �'rQ rp\U December a 1994 ROLL CALL INDEX 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. Coastal sage scrub which will not be directly impacted by removal shall be protected with orange snow fencing (or similar material). Silt fencingshall be installed in places where grading wt occur within 10 feet of the �. _edge of bluff. 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. oastal 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. ter 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 prior to issuance of a grading -39- �3 MINUTES CITY OF NEWPORT BEACH OLL CALL INDEX permitp.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. K�kn 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. etlands buffers shall be provided to protect wetlands areas -consistent- with the CIOSA Agreement, and California Department of Fish and. Game and Coastal Commission requirements. e 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 zsaltbush, 4s non- native and highlydinvasive:ic(It�sball,ibe eliminated, -or replaced with quail;brush or�four-wing,saltbush'f6th- of these species- arenative to, Newport Bay. v" b), Eucalyptus trees tend to be invasive and produce allelopathic.chemicals,-that,,inhibit growth -of other plants. = Eucalyptw trees -shall-bye -eliminated and replaced,mith Mexican elderberry or coast live oak. Both species are native. -40- f CITY OF NEWPORT BEACH MINUTES December 8 1994 ROLL CALL INDEX c) , Myoporum _ apd_, acacia,,, both non-native ,and invasive, sl�l be -eliminated ;orseplaced with Mexican elderberry or lemonadeberry: ' 0Japanese honeysuckle shall, be ,eliminated and laced with southern honeysuckle, a native plant. e) Rockrose, Lantana; and pride of madeira shall be eliminated or reVice&with natives such as bladderpod, ✓ monkey -flower, royal penstemon, and silver lupines ,f) Other accept b�le.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- 15 C FINAL (Adopted by the City Council August 24,122 EXHIBIT "A" FINDINGS AND CONDITIONS FOR APPROVAL CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT ENVIRONMENTAL IMPACT REPORT NO. 148 DEVELOPMENT AGREEMENT NO. 6 TRAFFIC.STUDY NO.82 AMENDMENT NO. 763 AMENDMENT NO. 764 AMENDMENT NO. 765 AMENDMENT NO. 766 AMENDMENT NO. 767 AMENDMENT NO. 768 AMENDMENT NO. 769 AMENDMENT NO. 770 A. Environmental Impact Report No. 148 Findines• 1. That a Program Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance, except in the areas of Aesthetics/Light and Glare, Biology, and Public Services and Utilities, and that the remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Final Findings and Conditions - CIOSA Page 1 Mitigation Measures: Aesthetics/Light and Glare 1. ' In conjunction with site plan review, the project proponent shall prepare a detailed temporary grading and landscape plan for the bluff top setback area for the purpose of minimizing bluff erosion. If graded slopes from a development area extend into the bluff top setback area, as proposed by the PC'Text, the project proponent shall prepare detailed final grading and landscape plans for the bluff top setback area. The ,plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. Transportation/Circulation 2. The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received under the Development Agreement to make improvements and to monitor the status of those improvements. The list of improvements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely manner. Flexibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is maintained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annual Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. 3. The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B of the Program EIR. Air Quality 4. All grading related to the project shall be conducted in accordance with SCAQMD Rule 403. This mitigation measure shall be made a condition of all grading permits related to the project. 5. After clearing, grading, earth moving, or excavation operations while construction activities are being conducted, fugitive dust emission shall be controlled using the following procedures: 0 Graded sections of the project that will not be further disturbed or worked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind erosion. Final Findings and Conditions - QOSA Page 2 • Graded sections of the project which are undergoing further disturbance or construction activities shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. 6. During grading and construction activities, the applicant shall further control fugitive dust emissions using the following measures: • On -site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on -site roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffic shall be periodically watered. • Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent accumulations of excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. 7. Office and commercial development on the Corporate Plaza West and Bay View Landing site shall also participate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Department prior to issuance of occupancy permit. 8. Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. 9. Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to final design and construction of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus turnouts or shelters will be required. 10. All development shall include street and security lighting (in parking lots and pedestrian walkway areas) which is energy conserving. A lighting plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. 11. Residential, commercial and office development shall be landscaped with an emphasis on drought resistant plant species which will shade buildings and reduce Final Findings and Conditions - CIOSA Page 3 water and energy consumption during the summer. A landscape plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works prior to issuance of an occupancy permit. Noise 12. The applicant shall ensure that all residential lots and dwellings are sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoning regulations and submitted as follows: A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the City's Advance Planning Manager for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projects plot plan illustrating height, location and construction in a manner meeting the approval of the City's Advance Planning Manager. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning Director to verify compliance with STC and IIC design standards. 13. All non-residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be submitted to the Manager, Advance Planning in the form of an Final Findings and Conditions - CIOSA Page 4 Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. 14. All freestanding acoustical barriers shall be a berm, wall or combination berm and wall. Walls shall not contain holes or gaps. Walls shall be constructed of slumpstone or other masonry material. Final acoustical barrier heights and locations shall be determined when final grading plans are developed showing lot locations, house/building setbacks and precise pad elevation. Biological Resour e 15. Pursuant to Section 1601-1603 of the State of California Fish and Game Code, the California Department of Fish and Game shall be not of any alterations to streambed habitats. The applicant or any successors in interest shall be responsible for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek South, Upper Castaways, Newporter North, and Freeway. Reservation sites which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Game and obtain any necessary permit prior to the issuance of a grading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport Beach prior to issuance of a grading permit. The City of Newport Beach shall be responsible for notifying the Department of Fish and Game regarding any grading related to any public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space, public facilities, and/or parks which would alter streambed habitats. The City of Newport Beach shall notify the Department of Fish and Game and obtain any necessary permits prior to commencement of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pursuant to Sections 1601-1603 may require additional mitigation measures deemed necessary by the Department. 16. Wetland delineation studies in accordance and conjunction with the California Department of Fish and Game and U.S. Army Corps of Engineers permitting processes shall be performed for any wetland which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conducting the wetland delineation studies for wetlands impacted by residential development or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associated improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or any successor in interest shall be responsible for conducting the wetland delineation study. The City of Newport Beach shall be responsible for conducting the wetland delineation studies for wetlands impacted by any public improvements/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall occur at the time specific Final Findings and Conditions - CIOSA Page 5 site plans and grading plans are available and prior to issuance of any grading permits or commencement of grading activities in areas containing wetland habitat. 17. Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Castaways, Newporter North, Newporter Knoll, Bay View Landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological resources. To this end, facility plans and public uses for these areas shall be prepared in consultation with a qualified biologist who shall determine that such plans and uses do not adversely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). If necessary, additional environmental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts are identified, additional mitigation measures shall be adopted. 18. Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and Newporter North - No grading (except that necessary for trail establishment and improvements, erosion control or bluff stabilization), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by' the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place below the existing 60 foot elevation contour surrounding the John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25-foot contour of the lower development area. 19. Prior to grading and/or constructing any public facility on the San Diego Creek North site which will encroach into the on -site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the public facility) shall approve and' begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an 'existing freshwater marsh in or near the Sag Diego Creek and Upper Newport Bay Ecological Reserve. 20. Prior to grading and/or constructing any residential development or associated improvement on the Upper Castaways site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new Final Findings and Conditions - QOSA Page 6 freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. 21. Prior to grading and/or constructing any residential development or associated improvement on the Newporter North site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall ,prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all, related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. 22. Development on the San Diego Creek South site shall be designed so as to reduce the amount of light and glare which could potentially spill over into the wetland habitats of Bonita Creek and San Diego Creek. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use of lighting systems which conceal the light source and minimize light spillage and glare; screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen species which, when mixed, achieve canopy and understory of elements to provide as much screening as possible. The site plan and landscape plan for this edge shall be prepared in consultation with a City -approved, qualified biologist. The site plan and landscape plan shall be approved by the City Planning Department prior to issuance of building permits. 23. Prior to commencing grading, all wetlands habitat in areas intended for preservation shall be temporarily fenced. This measure shall pertain only when grading, stock- piling, or other construction activities are proposed within 100 feet of the boundaries of the wetland area. A plan identifying the wetland area and the location of the fencing shall be submitted to the City of Newport Beach prior to issuance of any grading permit. 24. This measure shall apply to the Newporter North, Newporter Knoll, Bay View Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Revegetation of cut and fill slopes, bluff stabilization/remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of development of residential, public facilities, or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be revegetated with a mixture of coastal sage scrub species.including California sage brush which now dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be revegetated Final Findings and Conditions -CIOSA Page 7 with species of native perennial grasses in an attempt to establish native grassland. An expert in landscape revegetation, who is knowledgeable and qualified in native plant mixtures shall provide consultation into the preparation of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreation- al uses. 25. All non -emergency grading related to bluff stabilization/remediation on the Newporter North and Bay View Landing sites shall occur during the non -breeding season for the California gnatcatcher. The non -breeding season is from August 1 to January 31. Earth Resources Faulting and Seismicity 26. Buildings four stories in height or higher shall be designed in accordance with requirements for seismic zone 4 as outlined in Chapter 23 of the Uniform Building Code and/or with the benefit of a site specific seismic ground response spectrum study which would be prepared by the project geotechnical consultant and structural engineer to allow matching of building period with site period. The structural plans and/or ground response study, shall be completed to the satisfaction of the Building Department prior to issuance of a building permit. 27. Buildings less than four stories in height shall be designed by a Structural Engineer in accordance with UBC Chapter 23 requirements for Seismic Zone 4. Non -critical structures shall be designed to withstand strong ground shaking that may accompany a maximum probable earthquake along the Newport -Inglewood Fault. Critical structures (i.e., hospitals, fire/police facilities, schools, etc.) shall be designed to withstand, strong ground shaking associated with a maximum credible earthquake on the Newport -Inglewood Fault. Structural plans, including seismic design calcula- tions/parameters, shall be approved by the City Building Department prior to issuance of building permits. 28. Habitable buildings shall not be placed adjacent to (above or below) slopes, or bluffs where seismic induced slope or bluff failure could occur. Though the City has, established a Bluff Setback Criteria for development on the top -of -bluff (Develop- ment Policy D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.080), the City minimum setbacks may not necessarily: be adequate from a geotechnical viewpoint concerning bluff/slope instability during an earthquake. Areas potentially prone to such failures shall be identified and further evaluated by the project Geotechnical Consultant during the Tentative Tract Map review and Grading Plan review stage. The evaluation shall be prepared to the satisfaction of the Building Department prior to the issuance of FnaMindings and Conditions - CIOSA Page 8 grading permits. Grading and building plans shall reflect the recommendations of the evaluation to the satisfaction of the Building Department. 29. In accordance with the Alquist-Priolo Special Studies Zone Act, a Registered Geologist shall further evaluate and make recommendations regarding the potential for ground surface rupture effecting proposed development on -sites where "Potentially Active Faults" have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the future. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to approval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Liquefaction 30. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Erosion 31. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 32. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnicai Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the City Grading Engineer prior to the issuance of occupancy permits. Final Finding and Conditions - CIOSA Page 9 33. Berms and brow ditches shall' be constructed to the satisfaction and approval of the City Grading Engineer. Water shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading permits. 34. Prior to the issuance of grading permits, appropriate artificial' substances shall be recommended by the project landscape architect and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the City Grading Engineer. 35. Drainage of both surface and subsurface water over or toward the bluffs on the Upper Castaways and Newporter North sites shall be minimized. Though some drainage of rainwater over the bluff face cannot be avoided, drainage control devices shall be designed to direct excess water from site improvements away from the bluff face. Irrigation shall be controlled to prevent excessive infiltration into the subsurface. The project Civil Engineer shall design grading plans to minimize surface runoff over the bluff faces. The project Geotechnical Consultant shall provide recommendations to minimize subsurface water migration toward- the bluff faces .prior to approval of Tentative Tract maps or site plans. All design criteria for the control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff' and Slope Instability 36. The project geotechnical consultant shall review the tentative tract map and grading plan for each site and prepare a report addressing all salient geotechnical issues related to bluff and slope stability of any existing bluff or slopes. These reports shall include: 1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory testing results; 3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grading plan; 4) conclusions; 5) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. 37. Prior to the' issuance of grading permits, the Project geotechnical consultant and/or civil engineer shall make written recommendations for manufactured slope stabilization including, but not limited to, buttressing, rock bolting, grouting, slope gradient laybacks, or retaining walls. All necessary recommendations shall be included in the grading plan to the satisfaction of the City Grading Engineer. Final Findings and Conditions— ClOSA Page 10 38. Though the City has established a Bluff Setback Criteria for development on the top - of -bluff (Development Policy D.2.b.1 of the Newport Beach General Plan, January 21,1991, and Newport Beach Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability. Prior to issuance of grading permits, appropriate safe bluff top setback recommendations shall be determined by the project Geotechnical Consultant based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Engineer. 39. During grading a geotechnical consultant shall monitor grading operations to ensure that recommendations for slope instability mitigation are implemented. Additionally, the geotechn&al consultant shall evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unanticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department. 40. Prior to issuance of building permits, the geotechnical consultant shall prepare a Rough Grading Report and As -Graded Geotechnical Map for each graded site at the completion of grading of that site. The Report shall summarize and document compliance with all mitigation measures. The Rough Grading Report shall include a statement regarding the adequacy of the manufactured slopes for their intended use and a statement regarding the adequacy of the recommended bluff setbacks. The report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be approved by the City Grading Engineer. Compressible/Collapsible Soil 41. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible/collapsible soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recom- mendations shall be incorporated as conditions of approval for the site -specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation -design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. Expansive/Corrosive Soil 42. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory Final Findings and Conditions - CIOSA Page 11 testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. Near Surface Groundwater 43. The project geotechnical consultant and/or civil engineer shall prepare written site - specific reviews of the tentative tract maps and grading plans Addressing all salient geotechnical issues, including groundwater. These reports shallprovide findings, conclusions and recommendations regarding near -surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on existing or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewatering is recommended. The geotechnical consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. Water Resources Water Quality 44. Prior to the issuance of grading permits, tbe'applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall -be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. 45. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the City Grading Engineer and Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Air -borne and vehicle -borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils; and the moistening of vehicles loads. C. As approved material such as rip rap (a ground cover'of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrated runoff. Final Findings and Conditions - CIOSA Page 12 d. During the period of construction activity, existing vegetation which will be retained on -site shall be protected from traffic by the use of fences. If appropriate, buffer strips or vegetative filter strips, such as tallstands of grass, can be used as an alternative and/or supplementary method to protect against sediment buildup. 46. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. 47. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. 48. The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. 49. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. Drainage Patterns 50. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be approved by the City Engineer. Any systems shown to be required by; the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving Agency. Final Findings and Conditions - QOSA Page 13 Cultural Resources Archaeology ALL PROJECr SRPS 51. All sites shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City -approved qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. 52. The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project, to a local institution which has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 53. Any excavation of a site located within the Coastal zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excavation. All provisions of the California Coastal Commission guidelines shall be complied with. UPPER CASTAWAYS 54. Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA-Ora-49 and CA-Ora-186 on the Upper Castaways site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and pre -historic archaeology) to determine site integrity, extent and significance. The methodology of the test excavation shall reflect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be prepared detailing all findings and recommen- dations and submitted to the Planning Department within 90 days of completing test excavations. HAY VIEW LANDING 55. Prior to issuance of a grading permit„ CA-Ora-1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. Final Findings and Conditions - CIOSA Page 14 56. Prior to grading for the new park, the project sponsor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA- Ora-66 to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 57. Prior to grading for the view park, the project sponsor shall retain a City approved archaeologist to place a test unit on top of the knoll on the Bay View Landing site in the area containing shell scatter, to determine if the shell is representative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the test excavation. NEWPORTER NORTH 58. Prior to the use or development of the open space areas for passive recreational uses, CA Ora-51 and CA-0ra-518 on the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 59. Prior to the issuance of a grading permit, the applicant shall conduct a surface collection of the eastern extension of CA-Ora-100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a city approved archaeologist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of completing the surface collection. 60. Prior to the issuance of grading permits, the applicant shall conduct a data recovery of program CA-Ora-64 on the Newporter North site. The program shall be conducted by a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the data recovery program. 61. Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified archaeologist shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. NEWPORTER KNOLL 62. Prior to any grading or use of the site, the City shall conduct a surface collection of archaeological material present on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and boundaries. One unit shall be placed in the recorded area of CA Ora-50 to determine if a portion of the Final Findings and Conditions - CJOSA Page 15 site still exists. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection test excavation. BLOCK Boo 63. Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA-Ora-136 on the Block 800 site and subject the site to test excavations to determine site extent and significance. A test unit shall also be placed in the northern portions of the parcel to determine if a sub -surface midden is under the asphalt and trash. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PLAZA WESr 64. Prior to the issuance of a grading permit, a City approved qualified archaeologist shall dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents sub -surface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing sub -surface testing. 65. Prior to the issuance of grading permit, the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground disturbance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. FREEWAY RESERVATION 66. Prior to issuance of a grading permit for the northern development area (Lot 2), a City approved qualified archaeologist shall examine the surface of areas previously identified as CA-Ora-216. The examination shall be conducted after removal of brush but prior to grading. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. Paleontology 67. Prior to the issuance of grading permits, a collection plan shall be prepared and implemented by a City approved, qualified paleontological monitor for known exposed fossil localities on Bay View Landing, Newporter North, and Upper Castaways., Because of the small nature of some fossils present in these rock units, matrix samples shall be collected for processing through fine mesh screens. The collection plan shall be reviewed and approved by the Planning Department. 68. Prior to the issuance of grading permits, the applicant shall make provisions for the preparation and curation of all fossils possibly recovered from the sites, during Final Findings and Conditions - C10SA Page 16 grading. This shall be done in a manner approved by the City's Planning Depart- ment. 69. Prior to the issuance of grading permits, the applicant shall identify a repository approved by the City's Planning Department which shall receive all fossils collected from the sites. 70. Cliff faces along Upper Newport Bay that have served as a reference section for micro -paleontological studies should be protected from alteration. If bluffs along Newport Bay need to be altered for bluff stabilization purposes, detailed measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the comparative study and sampling. A report shall be submitted to the Planning Department within 90 days. Law Enforcement 71. The project proponent shall work in conjunction with the City of Newport Beach Police Department to ensure that crime prevention features are included in building design and construction. The City of Newport Beach Police Department shall review all site plans and access plans. Water 72. Prior to issuance of grading permits for the development sites, the applicant shall be responsible for preparation of a Master Plan of Utilities. • The Master Plan of Utilities will determine any necessary expansion of facilities and/or any modifica- tions, upgrades or extensions to the existing water systems resulting from this project. All necessary expansions of facilities and/or upgrades or extensions.of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Wastewater 73. Prior to issuance of grading permits, the developer will provide a Master Plan of Utilities facilities for the on -site development in order to determine the exact necessary modifications or extensions to the existing sewer systems, if needed. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The Plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Final Findings and Conditions - CIOSA Page 17 B Development Agreement No. 6 Findings: 1. That the Development Agreement is in compliance with California Government Code Section 65864 et seq. and Newport Beach Municipal Code Chapter 15.45. 2. That adoption of the Development Agreement would not preclude the City from conducting future discretionary reviews in connection with the project, nor would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. Condition: 1. Once every 12 months from the date of execution of the Development Agreement, the project proponent or his successor in interest shall prepare and submit for review 'by the City Council a report demonstrating compliance with the terms of the Agreement, as required by Section 15.45.070 of the Newport Beach, Municipal Code. C. Traffic Study No. 82 Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the project is a comprehensive phased land use development and circulation system improvement plan with construction of all phases not anticipated to be completed within'60 months of project approval. 3. That the project is the subject of a development agreement which requires the construction of major improvements early in the development program. 4. That the Land Use and Circulation Elements of the Newport Beach General Plan are not made inconsistent by the impact of traffic generated by the project in that the project proposed eliminates certain planned and anticipated development through the dedication of certain sites for permanent open space, and the other development sites are to be developed consistent with or less than that allowed by the General Plan. 5. That an unsatisfactory level of service will not be caused or made worse at any intersection for which there is an identified improvement. Final Findings and Conditions - CIOSA Page 18 6. That the benefits to the circulation system resulting from the major improvements substantially outweigh the increased traffic at impacted but unimproved intersections. 7. That there is an overall reduction in ICU at impacted intersections, taking into account peak hour traffic volumes at those intersections, and that the reduction is caused by the improvements associated with the project, Conditions: 1. That the Irvine Company shall make available to the City the monies specified for circulation system improvements consistent with the provisions of Development Agreement No. 6. 2. That the City of Newport Beach shall utilize the monies provided by The Irvine Company to construct in as timely manner as possible major circulation system improvements. These improvements shall be designed to insure that the anticipated overall improvement in ICU anticipated in the traffic study is achieved. D Amendment No. 763 Adopt Resolution No. recommending City Council approval of Amendment No. 763. E. Amendment No. 764 Adopt Resolution No. recommending City Council approval of Amendment No. 764. F. Amendment No. 765 Adopt Resolution No. recommending City Council approval of Amendment No. 765. G. Amendment No. 766 Adopt Resolution No. recommending City Council approval of Amendment No. 766. H. Amendment No. 767 Adopt Resolution No. recommending City Council approval of Amendment No. 767. Fnal Findings and Conditions - CIOSA Page 19 I. Amendment No. 768 Adopt Resolution No. recommending City Council approval of Amendment No. 768. 7. Amendment No. 769 Adopt Resolution No. recommending City Council approval of Amendment No. 769. K. Amendment No. 770 Adopt Resolution No. recommending City Council approval of Amendment No. 770. R\...\IOHN-D\CIOSA\FlNALF&C Final Findings and Conditions - CIOSA Page 20 (*Y OF NEWPORT BEA01 FILED Nov 0 81994 3300 Newport Boulevard - P.O. Box 1768 N 0 V 0 8 1994 -41 Newport Beach, CA 92659-1768 - (714) 644.3225 ,9RYL., H C OARYL.G VI countycll By u NEGATIVE DECLARATION 6y oeau To: V From: City of Newport Beach Office of Planning and Research Planning Department 1400 Tenth Street, Room 121 3300 Newport Boulevard - P.O. Box 1768 aSacramento, CA 95814 Newport Beach, CA 92659-1768 (Orange County) County Clerk, County of Orange © Public Services Division P.O. Box 838 Date received for filing at OPR: Santa Ana, CA 92702 I Public review period November 3, 1994 thru December 7, 1994 95 NameofProject: Newporter North (TTPi 15011) Jamboree Road at Santa Barbara Drive, Newport Beach Project Location: Project Description: Subdivision and Site Plan Review for 173 single-family, detached units on lots averaging 4,000 sq.ft. Finding. Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and 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 mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision -makers) prior to final action on the proposed project. If a public hearing will be held to consider this 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 prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited 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. akLa=�� Date Nnvemhar 8, 1994 Patricia L. Temple Advance Planning -Manager Revised 11191 .k -M - 5995 6 0 0 CITY OF NEWPORT BEACH 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658-8915 FILED JAN 11 1995 CARYL. GRAWILLE, Clerk• DEPUTY NOTICE OF DETERMINATIOPI� To: Office of Planning and Research 1400 Tenth Street, Room 121 EDSacramento, CA 95814 County Clerk, County of Orange Public Services Division % P.O. Box838 Santa Ana, CA 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658-8915 (Orange County) Date received for filing at OPR: Subject: Filing of Notice of Determination in complianctec>101152 of the Public Resources Code. r� Name of Project. Newporter North (TTM 15011) jftcI 111995 GOLUMMUMMIM State Clearinghouse Number. City Contact Person: ByeNo.: 94111015 Patricia Temple 714 / 644-3225 Project Location: Jamboree Road at Santa Barbara Drive, Newport Beach Project Description: Subdivision and site plan review for 173 single-family detached units on lots averaging 4,000 sq.ft. This is to advise that the City of Newport Beach has approved the above described project on i -9-95 and has made the following determinations regarding the above described project: (Date) 1. The City is ® Lead Agency ❑ Responsible Agency for the project. 2. The project ❑ will ® will not have a significant effect on the environment. 3. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ® A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures El were ❑ were not made a condition of the approval of the project. 5. A Statement of Overriding Considerations ❑ was ® was not adopted for this project. 6. Findings El were ❑ were not made pursuant to the provisions of CEQA. The final EIR or Negative Declaration and record of project approval is available for review at the Planning Depart- ment of the City of Ne ort Beach, 3300 Newport Boulevard, Newport Beach, CA 92658-8915; 714/644-3225. 1-11-95 Joh H. oug as A1CP, Environmental Coordinator Date Revised 11/94 0 STATE OF CALIFORNIA—THE RESOURCES AGENCY FETE WILSON, Gowrnor DEPARTMENT OF FISH AND GAME 4949 VIEWRIDGE DR. li� ! u SAN DIEGO, CA 92123 IaLt,._ ` June 6, 1995 PLANNING DEPARTMENT ^!TV OF NEWPORT EGAOs' JUN • 9 9995 PM Mr. James D. Hewicker, Director AM Planning Department 7181911011111211121314009 City of Newport Beach Post Office Box 1768 Newport Beach, California 92659-1768 Concurrence with Newporter North NCCP 4(d) Rule Findings Dear Mr. Iiewicker: The Department of Fish and Game (DFG), provides through this letter, our concurrence with your findings pursuant to the 4(d) Special Rule for the incidental take of the California gnatcatcher (Polioptila californica californica) for the Newporter North project. The proposed mitigation measures are consistent with the NCCP Conservation Guidelines and provide sufficient compensation for the potential loss of up to 3.4 acres of California gnatcatcher occupied coastal sage scrub habitat. Should you have any questions regarding this letter please contact either Ms. Cheryl Heffley, Wildlife Biologist, at (310) 694-3578 or me at (619)467-4212. Sincerely, WG� William E. Tippets NCCP Field Supervisor CC: Department of Fish and Game Dr. Larry Eng Sacramento Ms. Patty Wolf Mr. Curt Taucher Mr. Troy Kelly U.S. Fish & Wildlife Service Mr. Gail Kobetich Carlsbad Orange County EMA: Mr. Tim Neely Mr. Gary Mederios File: Chron 0 NEWPORT BEACH FIRE DEPARTMENT FIRE PREVENTION DIVISION P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714)644-3106 May 18,1995 Ms. Meg Vaughn California Coastal Commission 245 W. Broadway, Suite #380 PO Box 1450 Long Beach, CA 90801-1450 Re: Newporter North Project Dear Ms. Vaughn: The Newport Beach Fire Department has been advised that the California Coastal Commission is considering relocation of the entrance of the subject property as a result of temporary impacts on lands controlled by the Coastal Commission. The relocation of the entrance of the Newporter North project from the intersection of Santa Barbara Avenue to a location west on Jamboree would adversely affect Fire Department access in an emergency. The primary fire facilities used for the proposed project are located on Santa Barbara Avenue just south of Jamboree. Intersection controls and traffic lights would allow the Fire Department rapid access to the site. Should the Santa Barbara station be on another emergency, fire units from Corona del Mar or Balboa Island would respond to the emergency. Timothy Riley Fire Chief The median present on jamboree would cause responding fire apparatus to either respond against oncoming traffic or require them to proceed past the entrance to Santa Barbara Avenue, U-turn and return to the site. The best emergency access is to maintain the entrance at jamboree and Santa Barbara Avenue allowing for fire apparatus, both from the primary coverage station and secondary coverage station, to respond via the controlled intersection at Santa Barbara Avenue. 3300 Newport Boulevard, Newport Beach a May 18,1995 Newporter North Project Page 2 Should you have questions or require further assistance or clarification in these matters, please feel free to call 714-644-3106. Sincerely, 44 �J\ ennis Lockard Fire Marshal Newport Beach Fire Department cc: Tom Redwitz, Irvine Company Norm Witt, Irvine Company Don Webb, Newport Beach Public Works Patty Temple, Newport Beach Planning Department . COUNTY L.LERK' LLE COUNTY CLERK' U NTY � J TELEPHONE: 714 BJ4.2248 �; 7 OLD COUNTY COURTHOUSE 7 RECEIVED BY 21 SANTA ANA BLVD. P.O. BOX 22013 A jFtN G E Pg A14MING DEPARTMENT SANTA ANA. CA 92702.2013 b'�r�g pE EWPa�T BEACH OFFICE OF THE C T E K MAR - 7 1995 MemoraA�5Ill,]2i1i%3.A 6 i TO: DATE: 3 6'9r ' SUBJECT: Environmental Impact Reports - Amendment of "Public Resources Code, Section 21092.3". The attached Notice received, filed, and a copy was posted on �-//- 5� It remained posted for 30 (thirty) calendar days. Gary L. Granville County Clerk of the State of Calif or is in and for the County of Orange. By: Deputy Public Resource Code 21092.3 The notices required pursuant to Sections 21080.4 and 21092 for an evironmental impact report shall be posted in the office of the. County Clerk of each county***in which the project will be located and shall remain posted for a period of 30 days. The notice Public Resourse Code 21152(c) All notices filed pursuant to this section shall be available for public inspection, and shall be posted *** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain posted for a period of 30 days ***. Thereafter, the clerk chall return the notice to the local lead agency *** with a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months. Addition or Changes by underline: deletions by ` CITY OF NEWPORT BEAD FILE D �65995 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658.8915 JAN 11 1995 NOTICE OF DETERMINATION eyRY`' ""va�E,Clork•DEPUTY To: Office of Planning and Research 1400 Tenth Street, Room 121 DSacramento, CA 95814 County Clerk, County of Orange ❑Public Services Division % P.O. Box838 Santa Ana, CA 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658-8915 (Orange County) Date received for filing at OPR: Subiect: Filine of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. POSTED Name of Project, Newporter North (TTM 15011) )AN 111995 State Clearinghouse Number. City Contact Persop,;, -7kj-0 Q"hone No.: 94111015 Patricia Temple 714 / 644-3225 Project Location: Jamboree Road at Santa Barbara Drive, Newport Beach Project Description: Subdivision and site plan review for 173 single-family detached units on lots averaging 4,000 sq.ft. This is to advise that the City of Newport Beach has approved the above described project on -9-95 and has made the following determinations regarding the above described project: (Date) 1. The City is ® Lead Agency ❑ Responsible Agency for the project. 2. The project ❑ will ® will not have a significant effect on the environment. 3. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ® A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures El were ❑ were not made a condition of the approval of the project. S. A Statement of Overriding Considerations ❑ was ❑ was not adopted for this project. 6. Findings El were ❑ were not made pursuant to the provisions of CEQA. The final EIR or Negative Declaration and record of project approval is available for review at the Planning Depart- ment of the City of Newpor Beach, 3300 Newport Boulevard, Newport Beach, CA 92658-8915; 714/644-3225. 1-11-95 John . D uglas, CP, Environmental Coordinator Date Revised 11194 Michael Brandman Associates November 10, 1994 Ms. Patricia Temple City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 viz 3D T#ride d/ ENVIRONMENTAL COMPLIANCE - PLANNING - RESOURCES MANAGEMENT SUBJECT: Supplemental Biological Assessment for the Newporter North Site, City of Newport Beach, California. Dear Ms. Temple: This letter report describes the findings of a supplemental biological assessment conducted on the Newporter North site, in the City of Newport Beach. The Newporter North site is located adjacent to the Upper Newport Bay Ecological Reserve and is bounded by Back Bay Drive, San Joaquin Hills Road, and Jamboree Road. INTRODUCTION Changes in the development plan for the Newporter North site will create additional impacts and magnify other impacts to the natural resources existing on the site. Additional impacts to biological resources will be created by moving the development closer to John Wayne Gulch and by the construction of slope stabilization features. This document also addresses impacts to the jurisdictional wetlands and water quality issues, and plant palettes to be used for landscaping manufactured slopes. Mitigation measures that are designed to lessen impacts to biological resources are suggested. METHODOLOGY A biologist from Michael Brandman Associates surveyed the Newporter North site on October 18 and November 4, 1994 to determine additional impacts to biological resources that may result from changes made in the Newporter North grading plans. The analysis included a review of biological studies conducted for the 1992 DEIR, a wetland delineation conducted by John M. Tettemer & Associates in 1994, a geological report prepared by Leighton and Associates in 1994, 1994 grading plans for the Newporter North site, and aerial photographs. IMPACTS TO JOHN WAYNE GULCH John Wayne Gulch is a drainage located on the western portion of the Newporter North site. The vegetation in John Wayne Gulch consists of 6.73 acres of freshwater marsh and 1.04 acre of willow woodland/mulefat scrub. The light-footed clapper rail (Rallus longirostris levipes), a federal and state 11444 W Olympic Blvd., loth Floor, Los Angeles, California 90064 310 . 312 . 9533 rAx 310 . 312 .9534 IRVINE . Los ANGELES . SAN DIEGO SACRAMENTO . SAN JOSS Ms. Patricia Temple November 10, 1994 Page 2 listed endangered species, is reported to use John Wayne Gulch as part of its habitat. This species is a resident south of the saltwater marsh of Upper Newport Bay. Wildlife Habitat Impacts As originally planned, the development was to extend approximately along the 100-foot contour which would place the edge of development at a minimum of 300 feet from John Wayne Gulch. In order to reduce potential impacts to the bluffs, the development is planned to be shifted away from the bluffs and moved closer to John Wayne Gulch. The new limit of development near John Wayne Gulch will be at the 60-foot contour and a minimum distance of approximately 150 feet from John Wayne Gulch. Moving the development to the location closer to John Wayne Gulch will neither add new direct impacts to John Wayne Gulch nor require changes to the adopted mitigation measures. Adopted mitigation measure 18 states that construction activity shall not occur below the 60-foot contour above John Wayne Gulch. The development will be approximately 150 feet closer to John Wayne Gulch than stated in previous plans. This may create new additional impacts by increasing the visual impact of the development on wildlife species and increasing noise levels at John Wayne Gulch. The increased visual and noise impacts may inhibit use of John Wayne Gulch by wildlife, including the light-footed clapper rail. The following mitigation measures will lessen the impacts of moving the development closer to John Wayne Gulch. • To prevent construction activities from inadvertently impacting John Wayne Gulch, a temporary barrier that will function as both a visible warning to construction crew and a physical barrier against construction activities should be installed along the 60- foot contour. • Increase the cover between John Wayne Gulch and the development by planting native vegetation between the development and John Wayne Gulch. The vegetation should act as a visual barrier for wildlife using John Wayne Gulch. A strip of vegetation between 50 and 60 feet wide will be planted on the manufactured slope below the development. This vegetation should provide the recommended visual barrier. 0 The design proposed 6-foot wrought iron fence described in the construction blueprint should be changed to provide a noise barrier between John Wayne Gulch and the development. The lower half of the fence should be constructed of a solid material, such as cinder block, that will decrease the amount of noise from the development. The top of the fence may be made of wrought iron or other materials that will not impair the view of the residents. 0 Ms. Patricia Temple November 10, 1994 Page 3 Water Quality The wetlands located on the bluff top above San Joaquin Hills Road receive urban runoff from Newport Center through a drainage pipe that crosses beneath Jamboree Road. A dual basin retention system will be used to drain water from the site. Runoff will pass through an existing detention basin and a new detention basin to be built on the south end of the development. From the second detention basin, runoff will drain into John Wayne Gulch. A Swale will be constructed parallel and adjacent to Jamboree Road to contain water from 100-year flood events. The water quality of John Wayne Gulch and the Upper Newport Bay Ecological Reserve, may be degraded by urban runoff being released into John Wayne Gulch. The following mitigation will lessen water quality impacts to John Wayne Gulch by cleaning the water before it is released into John Wayne Gulch. • The detention basin should be created with a soft bottom to permit percolation, thus lessening the need to direct water into John Wayne Gulch. The detention basin shouldbe divided into cells, and each cells should be planted with freshwater emergent vegetation. Running the runoff through vegetation will be effective in cleaning the water before it is released into John Wayne Gulch. The cells should be maintained and cleaned periodically. • A manual detailing maintenance guidelines for the detention basin cells should be created. The wetland habitat created in the detention basins should not be construed as mitigation for impacts to jurisdictional wetlands because periodic cleaning of the cells will be necessary to keep them functioning as designed. IMPACTS RELATED TO SLOPE STABILIZATION In order to stabilize the bluff above San Joaquin Hills Road, a shear key and a cutoff trench will be constructed as specified by Leighton and Associates (1994). Impacts to vegetation related to these stabilization measures were estimated from based on geotechnical maps and material identifying bluff stabilization features and estimates of necessary grading and clearing provided by the geotechnical consultant. The area estimated to be impacted by the shear key is 140 feet wide and begins at a point 100 feet east of the bluff edge closest to Back Bay Drive on the northwestern corner of the bluff top. The shear key impact area extends along the edge of the bluff top and runs east -west, paralleling San Joaquin Hills Road for 440 feet. The cutoff trench impact area is 90 feet wide and extends from the eastern end of the shear key to a point opposite the driveway to the Park Newport Apartments. The cutoff trench runs east -west, parallels San Joaquin Hills Road and extends to the edge of the bluff. More precise impacts can be measured after the impacted area is staked. Estimated impacts include 1.7 acres of non-native grassland, 1.5 acres of coastal sage scrub. 0.13 acre of jurisdictional wetlands, and 0.2 acre of trail. Impacts to the non-native grassland and trail would not be considered significant. 0 Ms. Patricia Temple November 10, 1994 Page 4 Wetlands Mitigation measures for the loss of the estimated 0.13 acre of wetlands are discussed below in the "Impacts to Jurisdictional Wetlands" section. Coastal Sage Scrub An estimated 1.5 acres of coastal sage scrub will be removed during the construction of the shear key and cutoff trench. The coastal sage scrub in the impact area is dominated by California sagebrush (Artemisia californica), coastal goldenbush (Isocoma menziesii), and California sunflower (Encelia califomica). The coastal sage scrub that is to be impacted is occupied by the California gnatcatcher (Polioptila californica californica), according to the 1992 DEIR. During surveys conducted on October 18 and November 4, 1994, Michael Brandman Associates found California gnatcatchers in this area. The following mitigation measures apply to the loss of coastal sage scrub. • Prior to the removal of coastal sage scrub, the U.S. Fish and Wildlife Service, California Department of Fish and Game, and County of Orange should be notified. All removal of coastal sage scrub should be done in accordance with Natural Communities Conservation Plan guidelines. • Vegetation should be removed from coastal sage scrub outside of the breeding season of the California gnatcatcher. The California gnatcatcher breeds from late February through July. Grading of coastal sage scrub should be conducted from August 15 through February 10. Other birds that are protected under the Migratory Bird Treaty Act during the breeding season will also be protected by grading during the non -breeding season of the California gnatcatcher. • Coastal sage scrub that is not in the area of impact should be protected with orange snow fencing. Silt fencing should be installed in places where construction occurs within 10 feet of the edge of the bluff. • A biological monitor should be present when work is being done in or within 200 feet of coastal sage scrub. • During removal of coastal sage scrub, the vegetation should be removed from east to west to allow the California gnatcatchers to disperse into other areas of coastal sage scrub. • After slope stabilization measures are completed, coastal sage scrub revegetation should be implemented following resource agency guidelines. A conceptual restoration plan should be designed prior to grading. The coastal sage scrub that is removed should be crushed and used for revegetation to ensure species composition integrity on the site. Any supplemental seed mixture that may be used in the revegetation should contain seeds of coastal sage scrub species found on the site. Ms. Patricia Temple November 10, 1994 Page 5 Any shrubs that may be planted on the site should be of the same species and planted in the same ratio as shrubs found on the site. The coastal sage scrub should be replaced at the same location from which it is being removed, both on the manufactured slope and flat bluff edge near the footpath. Revegetation should take place on the manufactured slope from Lot 34 to Lot 38 and on the bluff below the manufactured slope from a point 150 feet west of Lot 28 to Lot 38. IMPACTS TO JURISDICTIONAL WETLANDS A total of 9.42 acres of jurisdictional wetlands were located on the Newporter North site by John M. Tettemer & Associates in 1994. John Wayne Gulch comprises 7.77 acres of the jurisdictional wetlands and the remaining 1.65 acre lies on the bluff opposite Santa Barbara Drive. The wetlands of John Wayne Gulch will not be directly impacted by development. The jurisdictional wetlands on the Newporter North site obtain water from a pipe that crosses beneath Jamboree Road, from surface runoff, and possibly from groundwater sources. The development may decrease the amount of surface runoff available to the wetlands due to a loss of natural surface area near the wetlands. However, many of the surfaces such as roads and driveways will be constructed from impervious materials. Runoff from impervious materials may increase the amount of surface runoff in certain areas near the wetlands. Additionally, the footpath should be graded to allow surface runoff to flow into the wetlands. Water from the pipe that crosses beneath Jamboree Road will continue to flow into the wetlands. Without a detailed study of the hydrology of the Newporter North wetlands, it is difficult to predict the extent of indirect impacts to the wetlands. However, it is anticipated that the indirect impacts to the wetlands will be minimal and that the wetlands will not be adversely affected by indirect impacts. The vegetation of the 1.65 acre wetlands on the bluff top consists of willow woodland/mulefat scrub. Dominant species in this habitat are arroyo willow (Salix lasiolepis), mulefat (Baccharis salicifolia), and broad-leaved cattail (Typha latifolia). Impacts to this wetland will be minimal. Of the 1.65 acres of willow woodland/mulefat scrub, 0.07 acre will be impacted by the completion of the main access road to the development. An additional 0.04 acre of jurisdictional wetlands will be impacted by the construction of the 100-year flood swale. An estimated 0.13 acre of wetlands will be impacted by slope stabilization measures. The recent jurisdictional wetland delineation is more specific than previous wetland studies conducted on the property and, therefore, impacts to the wetlands can be measured with greater accuracy once the construction plans are finalized. The wetland delineation was done pursuant to mitigation measures required by the Project EIR. In addition, the Project EIR also states that the California Department of Fish and Game (CDFG) shall be notified on any streambed alterations prior to the issuance of a grading permit. It is preferable that impacts to jurisdictional wetlands be kept to a minimum. Unavoidable impacts to the 0.24 acre of jurisdictional wetlands can be lessened with the following mitigation measures. I Ms. Patricia Temple November 10, 1994 Page 6 • The footpath in the view park should be designed along the path of the existing trail that parallels San Joaquin Hills Road. The existing trail does not pass through wetlands. • All losses of wetland habitat should be replaced with in -kind wetlands, consistent with CDFG and California Coastal Commission (CCC) policies. Wetlands should be replaced onsite, if possible. If no onsite replacement is possible, than wetlands should be replaced at a location as near as possible to the Newporter North site. The site should preferably be located in the Upper Newport Bay ecosystem. • Buffers used to protect the wetlands should be consistent with CDFG and CCC guidelines. • The removal of vegetation from the wetlands should be conducted between August 15 and February 10 to avoid impacts to breeding birds. MANUFACTURED SLOPE PLANT PALETTE Landscaping on the manufactured slopes that overlook the Upper Newport Bay Ecological Reserve and John Wayne Gulch should contain species which will not promote degradation of the natural habitats by the invasion of non-native species. Many of the plant species listed on Sheet 6 of the Landscape Concept Plan for the Newporter North site are natives and may provide habitat for wildlife species that use the coastal sage scrub of the reserve. However, some of the non-native plants listed on the planting plans are invasive and could spread into the reserve. These non-native plants should be replaced with native plants that may increase the value of the manufactured slopes to wildlife, pose little or no threat to the flora of the reserve, and are of high aesthetic value. The following recommendations should 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. • Ground saltbush, or Australian saltbush (Atriplex semibaccata) is non-native and highly invasive. It should be replaced with quail brush (Atriplex lentiformis) or four - wing saltbush (Atriplex canescens). Both of these species are native to Newport Bay. • Eucalyptus trees (Eucalyptus sp.) tend to be invasive and produce allelopathic chemicals that inhibit the growth of other plants. Eucalyptus trees on these slopes should be replaced with Mexican elderberry (Sambucus mexicana) or coast live oak (Quercus agrifolia). Both of these species are native and have a high aesthetic value. • Myoporum (Myoporum laetum) and acacia (Acacia sp.), both non -natives and invasive, should be replaced with Mexican elderberry, California flannelbush (Fremontodendron califomicum ssp. californicum), or lemonadeberry (Rhus integrifolia). 0 011 Ms. Patricia Temple November 10, 1994 Page 7 • Broom baccharis (Baccharis sarothroldes) is a native species that is common in San Diego County but is not found at Newport Back Bay. It should be replaced with coyote brush (Baccharis pilularis) or Emory baccharis (Baccharis emoryc7 as broom baccharis may invade wetlands in the reserve. a Rockrose (Cistus sp.), lantana (Lantana sp.), Japanese honeysuckle (Lonicera japonica), and pride of Madeira (Echium fastuosum) should be replaced with natives such as bladderpod (Isomeris arborea), monkey -flower (Mimulus aurantiacus), Matilija poppy (Romneya coulten), California fuchsia (Epilobium canum), royal penstemon (Penstemon spectabilis), and silver lupine (Lupinus albifrons). • Other groundcover species that would be appropriate include miniature lupine (Lupinus bicolor), blue -eyed -grass (Sisyrinchiumbellum), blue dicks (Dichelostemma capitatum) and purple needlegrass (Nassella pulchra). If you have any questions about the findings of this report, please contact either of the undersigned at (714) 250-5555. Sincerely, MICHAEL BRANDMAN ASSOCIATES Steven G. Nelson Cynthia A. Jones Director, Resources Management Staff Ecologist SGN/caj JN 00640012 TY O F AN G Ei A PLANNING Ftr CITY OF NEVWi�,' DEC 121994 PM 71819,lollli121112e314o516 OFFICE OF THE COUNTY CLERK ?fir Memorandumt' � N GARY L. GRA�VILLE COUNTY CLERK TELEPHONE: 7141834.2248 OLD COUNTY COURTHOUSE 211 W. SANTA ANA BLVD. P.O. BOX 22013 SANTA ANA, CA 92702.2013 TO: l.�i C7 t N)e-UDP0(—% (bQh- DATE: SUBJECT: Environmental Impact Reports - Amendment of "Public Resources Code, Section 21092.311 The attached Negative Declaration was received, filed, and a copy was posted on �T It remained posted for 20 (twenty) calendar days. Gary L. Granvi • - .:� .` Wnimma'A STEPHANIE BATES Public Resource Code 21092.3 The notices required pursuant to Sections 21080-4 and 21092 for an evironmental impact report shall be posted in the office of the County Clerk of each county***in which the project will be located and shall remain posted for a period of 30 days. The notice Public Resourse Code 21152(c) All notices filed pursuant to this section shall be available for public inspection, and shall be posted *** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain posted for a period of 30 days ***. Thereafter, the clerk chall return the notice to the local lead agency *** with a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months. Addition or changes by underline: deletions by *** L� 0 0 INITIAL STUDY NEWPORTER NORTH INTRODUCTION Title of Proposal: Newporter North Date Checklist Submitted: 11/7/94 Project Applicant: California Pacific Homes Agency Requiring Checklist: City of Newport Beach Agency Address: P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 Agency Contact: 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 aie expected to range in size from approximately 2,100 square feet to 2,600 square feet. The development is proposed as a fenced, gated communitywith private streets. INITIAL STUDY NEWPORTER NORTH ENVIRONMENTAL CHECKLIST AND EVALUATION I PROJECT HISTORY/PREVIOUS ENVIRONMENTAL DOCUMENTATION 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 i 1 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 NewporterNorth.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 k apTICE OF PUBLIC HEARING f Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the applications of The Irvine Company for Site Plan Review No. 70 and Tentative Man of Tract No. 15011 on property located at 1501 Jamboree Road. Planned Community. The proposal includes a request to subdivide 89.2 acres of land into 173 numbered lots for single family detached residential development 5 lettered lots for public open NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the 8th day of December 1994, at the hour of 7-30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. Tod Ridgeway, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. STATE OF CALIFORNIA • • PETE WILSON, Governor GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO, CA 95814 €ACC' _1FD By PLANNING D_':.''ARUAERT CF;47'1,rPOP 137J�r° ' December 20, 1994 JOHN H. DOUGLAS CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. PO BOX 1768 NEWPORT BEACH, CA 92659-1768 .d Subject: NEWPORTER NORTH (TTM 15011) SCH #: Dear JOHN H. DOUGLAS: DEG 2...1994 ARC Pill 7181911011111211121 u 1415 i 6 t 94111015 The enclosed comments on your draft environmental documents were received by the State Clearinghouse after the end of the state review period. We are forwarding these comments to you because they provide information or raise issues which may assist you in project review. Lead agencies are not required to respond to late comments. However, you may wish to incorporate these additional comments into the preparation of your final environmental document. Please contact Mark Goss at (916) 445-0613 if you have any questions concerning the review process. When you contact the Clearinghouse in this matter, please use the eight -digit State Clearinghouse number so that we may respond promptly. Sincerely, 4elk at Chief, State C1-arin4house Enclosures cc: Resources Agency 1] STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Goxmor DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET SANTA ANA, CA 92705 Ms. Patricia Temple /ahs op a December 9, 1994 G,, 1 Advance Planning Manager File: IGR\CEQA City of Newport Beach Negative Dec. 3300 Newport Boulevard SCH# 94111015 Newport Beach, CA 92658-8915 Subject: Negative Declaration for Newporter North (TTM 15011) Dear Ms. Temple: Thank you for the opportunity to comment on the Negative Declaration for the Subdivion and Site Plan Review for 173 single-family detached units, located at Jamboree Road at Santa Barbara Drive. District 12 is a reviewing agency regarding this project and at this time has no comment. Please continue to keep us informed on this project. If you have any questions, please do not hesitate to contact Tony Malayeri at 714-756-4924. Thank you. Robert Jds Chie Advance P anning Branch cc: Tom Loftus, OPR Ron Helgeson, HDQTRS Planning Tom Persons,HDQTRS Traffic Op Pat 011ervides, Traffic Op Dorothy Uyehara, Travel Forecsating STATE OF CALIFORNIA • • PETE WILSON, Governor GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO, CA 95814 December 8, 1994 JOHN H. DOUGLAS CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. PO BOX 1768 NEWPORT BEACH, CA 92659-1768 Subject: NEWPORTER NORTH (TTM 15011) SCH #: 94111015 Dear JOHN H. DOUGLAS: The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call Mark Goss at (916) 445-0613 if you have any questions regarding the environmental review process. When contacting the Clearinghouse in this matter, please use the eight -digit State Clearinghouse number so that we may respond promptly. Sincerely, RECEi 10 BY PLANNING DEPART�tJJfE�1? - V OF I:1317 CR7 Will A01 DEC 13 1994PPA - 71819110111AIA3141516 A M CITY O EWPORT BEACH IS OF COMPLETION and Environmental Document Form i To: State Clearinghouse From: City of Newport Beach 1400 Tenth St., Rm. 121 3300 Newport Blvd. - P.O. Box 1768 Sacramento, CA 95814 Newport Beach, CA 92659-1768 (Orange County) (Tel. No.: 916/445-0613) Contact Person John H. Douglas, AlCP, Principal Planner SCH # 94111015 Tel. No.: 714/6443225 Preleelloratlom Y11 �Qh0Y6p Road oad ral Sann+A 6-bdu DY10,2 NAP Yif . Cross Streets p^ I F Total Aerea 59.2 APNo. lft— 1 V Section: TWp. Range. Base Whitin2Mdes: SuleHwy E•I _r1. waft.yte u�7".18V' �ewpu y+ L—wM IN Auporhz I11 rtN7 Ytl lways schoof. 10o 0y)'f-jpf NV g.5. / Prewvl land Uae/Loning/CemNPlay lls< UyIn� —C(�! PL(� II ProleetDacNPlloa .'��Jivisinn YXNPI TY� r�ay. U�QAl1 E Yrl I ICJ fLfTQ� YN I'11Iei" lIV1j� hIA I(Oi'?i //(IJY/ArY�/PrTf(X'17 F.O_.��-, Daament Type CEQ.0 ❑ NOP Cl Supplement/Subsequent ❑ 6rly Cons ❑ BIR(PnorSCHNo. ) NEPA OTHER ❑ Not ❑ loins nl b ❑ FA ❑ FinalD en D t� NegOm ❑ Draft tElR ❑ ❑ Draft INS ❑ Other KECF-1V�gg4 1Q Other ❑ FONSI A 0v4nsE G, e Leeal Acaan Type Cl1hW ❑ Gencml Plan Updee ❑ spedrMane t ❑ Prazee ❑ Mn ❑ General Plen Akatentt ❑ Ptan m �) ❑ ❑ ❑ Geneul Plan Element ❑ Planned Unit Dee Pinned CRedan IPen U,epe ❑ Uw Permit ❑ Coastal Permit ❑ CommuNryPhn 51 Site plan ® Lend Drvisian (Subdivision ❑ Other Pamd Map, Tract Map, etc.) Dnelvpm.m Type 1A R"hkfital: Units 11�j Act 21.1 ❑ Water PaNitia: Type ttIGD ❑ Otficr. Sq tl._— Aeresia _FinPi%T^-t_ ❑ Commerc4alSq R. AcaEmployees_ ❑ Thrgation: Type ❑ Mintng Mineral ❑ Industrial: Sq.Ft_ Acres__ Employees_ ❑ Edunllonal ❑ yaavn '1)pe Wants ❑ Waste Treatment. Type Reerealional_ n[.^¢5 a ❑ Hantous Waatc Type ❑ Other. P1.1"I a,.. Otwassed In D"ttm..( ® Authet¢/Vuual El neod Plain/nooding ❑ Agncultuml land ❑ Foal l.nd/rm Hazard ❑ SchWaNmveailics 19 Water Quehty ❑ Septies)ewms ❑ Watter Supply/Gwundwaler ® ArOuahty ® Geologe/scismie ® Anheulogaal/Ilistonal ❑ Minerals ❑ Seucr Copaclly ® Welland/Wpanan ® Sod Bwnon/Compachon/Gmdmg IM Wildlife ❑ Coasml Zone El Noite ® Dminage/Abwrpllon ® PopulattoMlousing ❑ Solid Wan. ❑ Growth Inducing ❑ Balnnee ❑ 5M.O.le/lebs ® Pubhe SemcmT..1W. T.."fiiarardous ® Lnd Use ® T.uiictcnewanon Cumuiauv beets ❑ rncal 61 171 ..___._..__ CLEARINGHOUSE CONTACTS Mark Gone (916) 445-0613 STATE REVIEW BEGAN: DEPT REV TO AGENCY:—� AGENCY REV TO SCH—�p SCH COMPLIANCE I?•- p 94111015 ak r2. drLi: s� ♦a tr \,atf .s aaN s,1, AQHD/APCDt3i (Resources:—�—y )1 ) CMT SNT Resources _ Bcrating Coastal Comn _Coastal Conav _Colorado Rvr Bd V00ft_Conservation -�Pish a Came S Forestry Parke S Rec/OHP _Reclamation _BCDC DWR Bus Transp Houn _ _Aeronautics CHP Coltrane #­L;� Trans Planning Housing 4 Havel _Health i Welfare _ _Drinking H2O _ _Medical Waste f•S- - sent bV load / pa,w §slip t;r• esa }_� I C 1T SNT State/Consular Svcs _General Services _ _CLA (Schools) Cal/EPA ARB _CA Waate Mgmt Bd _ _SWRCB:--Grants _ _SWRCB:--Delta _ _SWRCB:--Wtr Quality SWRCB:--Wtr Rights, Reg. WQCB f� _ _OTSC/CTC Yth/Adlt Corrections _Corrections Independent Case _ Energy Corm _ NAHC _Santa Me Mtns State Lands Comm _ _Tahoe Rgl Plan _ _other: 9 STOP • ¢� AO p , r a C OUR P.O. 13OX 102 BALBOA ISLAND, December 6, 1994 CALIFORNIA } 1= I' - Iar�l� F AM GEC 1 e 199 7181911011I11211121314i5 6 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, I would like to call your attention to several minor points that we feel would improve the environmental 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 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 planned so that the native landscaping will mature to a height equal to the wall height 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 habitat. 2. In order to minimize the visual impact to public open space, we urge you to consider restricting the height of homes 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. Earth Resources 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. Noise 4. Since the certification of the CIOSA EIR, federal regulations regarding the operation of John Wayne airport have changed. The potential impacts of new operating procedures on public safety and noise should be discussed. • 0 Ms. Patty Temple December 6, 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 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 h vadt the more natural community. Since the native plant community will be downslo'e, 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. 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. In conclusion, SPON would like to commend staff and the applicant on sensitive treatment of this site, but we urge that the above changes be incorporated into the project. Sincerely, / i ' ennifer Wnn SPON Steering Committee cc: Frank Robinson, Friends of Newport Bay Troy Kelly, Upper Newport Bay Ecological Reserve Cheryl Heffley, State Department of Fish and Game jw/nwptnorth-ndcomments r � � • fi STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WIL ON, Gommor REWEIVED BY DEPARTMENT OF TRANSPORTATION PLANNING DEPARTMENT DISTRICT 12 +°STY OF WFWPORT BEACP 2501 PULLMAN STREET 9 SANTA ANA, CA 92705 AM DEC 16 1994 PM , 71819110111121112131 A6 December 9, 1994 Q Ms. Patricia Temple Advance Planning Manager File: IGR\CEQA City of Newport Beach Negative Dec. 3300 Newport Boulevard SCH# 94111015 Newport Beach, CA 92658-8915 Subject: Negative Declaration for Newporter North (TTM 15011) Dear Ms. Temple: Thank you for the opportunity to comment on the Negative Declaration for the Subdivion and Site Plan Review for 173 single-family detached units, located at Jamboree Road at Santa Barbara Drive. District 12 is a reviewing agency regarding this project and at this time has no comment. Please continue to keep us informed on this project. If you have any questions, please do not hesitate to contact Tony Malayeri at 714-756-4924. Thank you. Robe Chie Advance P anning Branch cc: Tom Loftus, OPR Ron Helgeson, HDQTRS Planning Tom Persons,HDQTRS Traffic Op Pat 011ervides, Traffic Op Dorothy Uyehara, Travel Forecsating CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY OCT 141994 COMMUNITY SERVICES October 14,.1994 TO: Ladonna Kienitz Kevin Murphy FROM: Robert H. Burnham SUBU: Park Improvements The City proposes to construct passive view parks on Upper Castaways and Newporter North. Construction of these improvements may cause the City to lose its natural condition immunity but we should be protected by the "trail immunity" found in § 831.4. That section grants public entities immunity from injuries caused by the condition of: "any paved trail, walkway, path, of sidewalk . . . which . provides access to any unimproved property, so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of any condition of the paved trail, walkway, path, or sidewalk which constitutes a hazard to health or safety." While the statute only requires us to provide warnings of trail conditions that constitutes a hazard, we should post signs warning of conditions immediately adjacent to the trail (such as the 300 foot cliff) to protect against the distinct possibility that a court would try to narrow the immunity and the argument that the area between the walkway and the cliff was dangerous because of the failure to warn. Finally, we may want to consider improving these bluff top trails with material other than asphalt or concrete paving such as crushed rock or gravel. We should also make sure that the Recreation and Open Space Element contains appropriate language relative to the purpose of these trails - to provide access to unimproved property for pass of recreational purposes. City Attorney RHB:gjb cc:Lauren Farley Parkimp.mem V • VAN DELL AND ASSOCIATES, INC. 17801 Cartwright Road Irvine, California 92714 714/474-1400 FAX 714/261-8482 October 10, 1994 Ms. Patricia Temple Advance Planning Manager Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 MANAGING STORM WATER RUNOFF FROM THE NEWPORTER NORTH PROJECT SITE AND PROTECTING THE QUALITY OF WATER IN NEWPORT BAY Dear Ms. Temple: Engineers Planners Surveyors This letter is submitted as supplemental information to the Technical Site Plan for Newporter North residential community in Newport Beach. It provides information on storm drain systems design and identifies those facilities that control the quality of urban runoff from the project site to Upper Newport Bay. It also presents benefits resulting from the project design in terms of reduced storm flows (i.e., post -development peak discharges less than pre -development peak discharges). The site offers opportunities to meet water quality recommendations described in the Circulation Improvement and Open Space Agreement between The Irvine Company and the City of Newport Beach. Those water quality recommendations were identified in the report described in Reference 1 (see References at the end of this letter). In order to achieve consistency with those recommendations, we plan to prepare a Water Quality Control Plan (WQCP) for the Newporter North Project Site. That WQCP will not only serve as a substitute for the Storm Water Pollution Prevention Plan (SWPPP) required under the National Pollutant Discharge Elimination System (NPDES) regulations, but also be consistent with the recommendations and guidelines of the four documents listed in References 2,3, 4 and 5. A preliminary drainage report for the project was prepared by the engineering firm, Van Dell and Associates, Inc., and was submitted to the City of Newport Beach with the Technical Site Plan (see Reference 6). Findings from this report and the approach for the WQCP are discussed below. The hydrology and hydraulic studies have defined the existing watershed boundaries and flows for the storm drain facilities along San Joaquin Hills Road and Santa Barbara Drive, and presented hydrologic analyses for the proposed drainage conditions of the residential development. The proposed storm drain facilities will convey the off -site flows entering the site, as well as the on -site flows to the John Wayne Gulch. Two on -site detention basins are proposed to reduce the post - development peak discharges to the pre -development condition level. The drainage system along Santa Barbara Drive crosses Jamboree Road in a 42-inch RCP and enters the Newporter North site. The contributing watershed areas to this pipe are mostly developed with commercial land uses in Newport Center. The off -site flows are conveyed into a ditch which forms the upstream limit of a detention basin. This basin currently outlets into a pipe Ms. Patricia Temple City of Newport Beach October 10, 1994 Page 2 which conveys the flows through a series of detention basins, and finally, into the existing 48-inch RCP storm drain in San Joaquin Hills Road which terminates at Shellmaker Mud Flat Channel at Upper Newport Bay. According to the hydrology map, at this junction the existing condition 25- year flow is 290 cfs. This quantity of flow indicates this system will be overloaded during peak flows as an existing condition. Therefore, the addition of developed storm peak flows from the Newporter North site to the existing San Joaquin Hills storm drain has been eliminated and replaced by a new system design. Westerly of the development area, a 48-inch CMP and a 36 x 22-inch arch pipe under Jamboree Road convey the existing drainage from upstream off -site areas to John Wayne Gulch. Runoff then travels northwesterly through the Gulch into a 22 x 13-inch arch pipe, and an 18-inch CMP under Back Bay Drive, both of which discharge to Shellmaker Mud Flat Channel. The grading concept proposed for the Newporter North development divides the site into two drainage areas that combine with off -site watershed flows. The combined 25-year peak flow into the proposed Basin No. 1 (adjacent to the project entry, "A" Street) is estimated to be 158.8 cfs. A 24-inch flow pipe and a riser inlet will control the release rate from the basin and provide a 25- year peak outflow and water surface level of 67.8 cfs and 116.2 feet, .respectively. A 100-year routing analysis was also performed to show that the 100-year water surface level will be at least one foot below the proposed "A" Street. An overflow drainage swale has been designed along the side of Jamboree Road to convey flows in excess of the 100-year water surface level to the proposed Detention Basin No. 2, located near the upper end of John Wayne Gulch. Basin No. 1 has a substantial growth of vegetation that will remain and will function as a facility to reduce sediment yield to Newport Bay. The outflow from Basin No. 1 will be carried in a 42-inch pipe through the site, collecting additional on -site runoff, and then outlets into Basin No. 2 (adjacent to Jamboree Road and near John Wayne Tennis Club tennis courts). The 25-year peak flow to Basin No. 2 is estimated to be 96.2 cfs. The flow is then routed through Basin No. 2 and released by a low flow pipe and a riser inlet. The hydrograph routing analysis provided a 25-year outflow and water surface level of 61.5 cfs and elevation 75.0 feet, respectively. The top of the berm for Basin No. 2 is set at elevation 76.0 feet to provide one foot of freeboard. An emergency spillway is provided at elevation 75.0 feet. Therefore, Basin No. 2 will be an additional best management practice structure for reducing sediment yield to Newport Bay. The outflow from Basin No. 2 is confluenced with off -site flows from the existing culvert crossing Jamboree near the John Wayne Tennis Club courts. The flow then travels in John Wayne Gulch to Back Bay Drive and discharges to Shellmaker Mud Flat Channel. The flow through the vegetation in the gulch will provide additional opportunity for water quality improvement. The post -development 25-year flow at this location is 166.7 cfs, which is approximately 8% less than the pre -development peak flow rate. CONCLUSION The projects detention basins will function as permanent structural best management practices to improve the quality of storm water. During the periods of time experiencing low drainage flow, the project's detention basins will act as retention devises to remove particulate materials and improve the quality of surface water by reduction of sediment and waste materials that otherwise would be transported to Newport Bay. Ms. Patricia Temple City of Newport Beach October 10, 1994 Page 3 Preliminary hydrology/hydraulic calculations indicate that the storm drain in San Joaquin Hills Road does not have the capacity to handle the existing or developed 25-year design flows. Therefore, the on -site flow as well as the off -site flow from Newport Center will be diverted to John Wayne Gulch to reduce the peak flows in the existing storm drain facility. The proposed dual detention basin and on -site storm drain system effectively routes the post -development 25-year peak flows to the John Wayne Gulch. The 25-year proposed flow will be less than historical pre -development peak flow rate. During the development of the WQCP for Newporter North, cost-effective solutions will be studied to use the site as a water quality mitigation bank. This concept envisions that under developed conditions the discharge of pollutants from the site will be less than pre -development conditions, and will offset some of the pollutants that other sites may contribute. As an example, John Wayne Gulch may be used as a freshwater marsh. That marsh may enhance the habitat values of Newport Bay wetlands, and also provide significant water quality benefits as compared to pre - development conditions. Sincerely, VAN DELL AND ASSOCIATES, INC. Terry J. Hartm/an, P.E. Executive Vice President TJH:bt Enclosure: References cc: Ralph Chenier, California Pacific Homes Richard Hoffstadt, CNB/Public Works Hussan Nouri, Rivertech Norm Witt, Coastal Community Builders 177.0200 NEWPORTER NORTH "Issues, Policies and Procedures for Managing Runoff from the Twelve Project Sites in Newport Beach," prepared by Rivertech, Inc., prepared for The Irvine Company, November 30, 1992. 2. "Newport Bay Clean Water," prepared for the California State Senate, prepared by the California Regional Water Quality Control Board, Santa Ana Region. 3. "Newport Bay Watershed Toxicity Study," prepared for Hope Symthe, California Regional Water Quality Control Board, Santa Ana Region, prepared by Dr. Howard Bailey, et. al., Department of Medicine, University of California, Davis. 4. "Newport Bay Basin Update Plan Study," prepared for California Regional Water Quality Control Board, Santa Ana Region, prepared by Teresa Olson and Alicia Martinez, Department of Civil Engineering, University of California, Irvine. 5. "Final Report on Water Quality Problems in the Newport Bay Watershed Attributable to Storm and Nuisance Water Runoff," prepared for Linda Garcia and Hope Smythe, California Regional Water Quality Control Board, Santa Ana Region, by Crane Miller and Lin Wu, Department of Geography and Anthropology, California State Polytechnical University, Pomona. 6. "Preliminary Drainage Report for the Newporter North Residential Community," prepared by Van Dell and Associates, Inc., September 1994. "Drainage Area Management Plan," Orange County NPDES Storm Water Program submitted to the Santa Ana Regional Water Quality Control Board in Compliance with NPDES Storm Water and Urban Runoff permits by County of Orange, the Cities of Orange County and the Orange County Flood Control District, April 1993. 8. "Orange County Hydrology Manual," prepared by Williamson & Schmid, October 1986. 9. "City of Newport Beach, Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction," 1991 Edition. • ��S 0 s� THE IRVINE COMPANY October 5, 1994 Patty Temple Planning Manager City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658-8915 Re: Newporter North Dear Patty: OCT 0 6 1994 Ali PPW4 71g191i91U112111213141516 h This letter is to confirm our phone conversation regarding the city's receipt and approval of the attached letter in satisfying toxic contamination concerns on the subject site. Thank you for your consideration. Sincerely, z TRedwitz Vice President Development Entitlement cc: Norm Witt 550 Newport Center Drive, Suite 350, P.O. Box 6370, Newport Beach, California 92658-6370 Phone:(714) 720-2332 FAX: (714) 720-2425 4 ,' July 28,1994 •�rp( p i O U TOM URM DIRECTOR - HUGH F. STAHEALTTH le O OFFICER ENVIRONMENTAL HEALTH DIVISION ROBERT E. MERRYMAN, REHS, MPH DEPUTY DIRECTOR NGE HEALTH CARE AGENCY PUBLIC HEALTH SERVICES ENVIRONMENTAL HEALTH DIVISION 2009 E. EDINGER AVENUE SANTA ANA, CALIFORNIA 92705 (714) 667-3700 Ms. Patricia Temple Planning Manager City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA ,92658-8915 Subject: Cover letter and accompanying results of Off -site Investigation Report prepared by Geraghty and Miller, Inc. and both dated June 7,1994 Re: Chevron Station #9-3042 1550 Jamboree Rd. Newport Beach, CA O.C.H.C.A. Case #85UT32 Dear Ms. Temple: Please be advised that the above subject report has been reviewed by this Agency. It was stated that the intent of the investigation was to acertain whether the gasoline contamination plume originating at the above referenced site had impacted the property located across Jamboree Road, downgradient from the Chevron site, which is slated for development by the Irvine Company. We have also been informed that prior to issuing permits to develop the property, the City of Newport Beach will require an "environmental release" of the property from O.C.H.C.A. It is the position of this Agency that the presence of low levels of gasoline contaminants detected in the water samples obtained from groundwater monitoring well MW 21 and test boring GMCPT2, located on Irvine Company's property, will not require further not to possible inhalation of benzene vapors emanatingfrom the assessed._ contamination. !q '� Patricia Temple 2 July 28,1994 However,.please be advised it is also the position of this Agency that the assessment conducted is not conclusive as to whether the low levels of contaminants detected by MW 21 and GMCPT2 are from the Chevron station or an alternative unidentified source. The onsite contamination levels are reported to be higher than contaminate levels between this property and the Chevron station. This Agency is not familiar with the past history of this or other ajoining properties. It would be prudent for the property assessment to rule out sources for the detected contamination other than the suspected Chevron station. If you L. Waste this matter, I can be contacted at (714) 667-3714. Management Section 1 Division JLK:vrp cc: Patricia Hannon, Santa Ana Regional Water Quality Control Board Steve Bunting, Newport Beach Fire Department Jeffrey E. Cole, Chevron Anne Brown, Environmental Management Consulting Tom Redwitz, Irvine Company Reinhard Ruhmke, Geraghty & Miller, Inc. • Geotechnical and Environmental Engineering Consultants September 30, 1994 Revised October 10, 1994 Project No. 1851578-02 To: Coastal Community Builders 550 Newport Center Drive Newport Beach, California 92660 Attention: Mr. Norm Witt Subject: Geotechnical Review of Tentative Tract Map and Preliminary Grading Plan, Newporter North Property, Tentative Tract No. 15011, City of Newport Beach, California Reference: Geosoils, Inc., 1991, Preliminary Geotechnical Investigation, Newporter North Development Area (No Tract Number), City of Newport Beach, California, Work Order No. 2152-A-OC, dated February 4, 1991. In accordance with your request, we have prepared this letter report to document our geotechnical review of the 60-scale Preliminary Grading Plan, dated September 30,1994, and the 60-scale Vesting Tentative Tract No.15011 Map, dated September 1994Jor the Newporter North property in the City of Newport Beach, California, prepared by Van Dell and Associates, Inc. The major geotechnical issues, as documented in the referenced report and discussed in our meeting with representatives of the City Building Department and Public Works on August 12,1994, include bluff and slope stability, compressible/collapsible soils, ground water, seepage, and saturated diatomaceous soils. These issues will be addressed by remedial design, including proposed structural setbacks above the bluff and adjacent slope, construction of slope buttresses, removal and recompaction of unsuitable soils, which will also serve to minimize permeability, mixing or drying of site soils and subdrainage to control ground -water levels. The bluff -top park design will direct surface drainage away from the bluff face to minimize future erosion. The proposed development is feasible from a geotechnical standpoint, provided the specific recommendations and remedial earthwork measures developed during design of the grading plan are implemented during grading and construction. Additional investigation is underway by Leighton to provide additional data for that design. 2121 ALTON PARKWAY, IRVINE, CALIFORNIA U.S.A. 92714 Telex 249208 LAGEO UR (714) 250-1421 • (800) 253-4567 FAX (714) 250-1114 r. ! 1851578-02 If you have any questions regarding this letter report, please do not hesitate to contact this office. We appreciate this opportunity to be of service. RM/er Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. Rosalind Munro, CEG 1269 Principal Geologist Distribution: (4) Addressee (2) California Pacific Homes Attention: Mr. Ralph Chenier (2) RNM Attention: Mr. Harry Takashida (2) Van Dell and Associates, Inc. Attention: Mr. Terry Hartman -2- EEIGNrONANDASS"IATA, INC CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST Date: November 3. 1994 X ADVANCE PLANNINGDIVISION X PUBLIC WORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN) X TRAFFIC ENGINEER X FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. X_BUILDING DEPARTMENT _COMMUNITY SERVICES X_POLICE DEPARTMENT _MARINE SAFETY X GRADING REVENUE APPLICATION OF: The Irvine Company FOR: Tentative Map of Tract No. 15011 DESCRIPTION: 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 street purposes: LOCATION: 1501 Jamboree Road REPORT REQUESTED BY: November 23, 1994 COMMISSION REVIEW: December 8, 1994 Plan The bluff areas and southerly_ portion of the site are designated for Recreational and Environmental Open Space This parcel is located in an area that is considered Coastal Bluff and due to its unique natural landform the following regulations apply to this site. Precise mapping of sensitive areas is required prior to approval of development on the remainder of the site. 2. Permitted development shall be designed to minimize the alteration of natural landforms along bluffs. It is also required that the applicant shall sign a waiver of all claims against the public for future liability or damage resulting from permission to built. All required waive documents shall be recorded with the County of Orange Recorder's Office. 3. A geological report that determine areas of potential instability or hazard along with a map indicating such information must be submitted. 4. The property owner is required to produce document(s) or forms approved by the City's Attorney or an appropriate state agency for the emergency shoreline protective device or material. In addition, said documents) shall provide for the waiver of all claims and indemnify the City against liability for any damage resulting from approval as to the installation of said emergency protective material or devices. The site has a maximum allocation of 212 dwelling units The proposed subdivision of the site for development of 173 Single Family Detached residential is less than the permitted density Therefore the proposed subdivision is consistent with the General Plan provisions CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST XADVANCE PLANNING DIVISION &PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER &FIRE DEPARTMENT XBUILDING DEPARTMENT _COMMUNITY SERVICES X POLICE DEPARTMENT _MARINE SAFETY X GRADING REVENUE Date: November 3. 1994 X •PLANS ATTACHED(P•LEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: The Irvine Company FOR: Tentative Map of Tract No. 15011 DESCRIPTION: 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 street purposes. LOCATION: 1501 Jamboree Road REPORT REQUESTED BY: November 23, 1994 COMMISSION REVIEW: December 8, 1994 COMMENTS: _,15,1Zn2 Signature: Date: November 22, 1994 TO: PLANNING DEPARTMENT FROM: PUBLIC WORKS DEPARTMENT SUBJECT: TENTATIVE TRACT NO. 15011 FINDINGS & CONDITIONS OF APPROVAL 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. 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, 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 Section s 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. t . • 1' 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 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. 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 review „nd approved by the Public Works Department and Fire Department. (ydl 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 an 8' wide pedestrian trail be graded and 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, t e Community Services Dippartment. and the Planning Department . Tu,,._,, , ` 1r s �coH..(�seL�gvc7v�t-Ne OV-st,lT)o✓ Ft�i v u-�'`'�"'�. 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 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 drain 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 Attorney's office. y 15. That the sidewalk along San Joaquin Hills 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 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. The design of these improvements shall be reviewed an ap ove e u lic 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 Barabara Drive as approved by the Public Works Department and the Orange County Transit Authority. 8 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 Hills Road, that the last 100' of haul road adjacent to San Joaquin Hills Road 0h� shall be paved with asphalt with another 100' of aggregate adjacent to `QJ the asphalt to clean truck tires unless an alternate plan is approved by the N 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 drat 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.^ The conditio}�includes all areas covered by the subdivision map. L FKrs�r�SnC /4,P, c�varD��cge prj�e sLiw`/��/ . RC, wti/e5S o�Gw2va a ,orou �y eP /c�6fz 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 connections' 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 4 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 410" 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. plan-com\tr15011.con 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER • FIRE DEPARTMENT X BUILDING DEPARTMENT _COMMUNITY SERVICES X POLICE DEPARTMENT _MARINE SAFETY X GRADING REVENUE Date: November 3. 1994 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: The Irvine Company FOR: Tentative Map of Tract No. 15011 DESCRIPTION: 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 street purposes. LOCATION: 1501 Jamboree Road REPORT REQUESTED BY: November 23, 1994 COMMISSION REVIEW: December 8, 1994 0 N�T CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING DEPARTMENT _COMMUNITY SERVICES X POLICE DEPARTMENT _MARINE SAFETY X GRADING REVENUE Date: November 3. 1994 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: The Irvine Company FOR: Tentative Map of Tract No. 15011 DESCRIPTION: 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 street purposes. LOCATION: 1501 Jamboree Road REPORT REQUESTED BY: November 23, 1994 COMMTSMN REVIEW: December 8. 1994 City of Newport Beach Fire Department Plan Review Request Date: October 26,1994 Application of: The Irvine Company For: Tentative map of Tract No.15011 Location: The Newporter North, Jamboree @ Santa Barbara Comments: => All roadway widths shall be a minimum of 42 feet. => All cul-de-sac's shall have a minimum radius of 48 feet. => Hydrant -spacing shall be a minimum of 500 feet (see attached plans). => All water mains shall be a looped system. => Minimum fire flow requirement is 1000-gpm at 20 psi residual. Russell Cheek Date CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC )ENGINEER X FIRE DEPARTMENT X BUILDING DEPARTMENT _COMMUNITY SERVICES X_POLICE DEPARTMENT _MARINE SAFETY X GRADING REVENUE Date: November 3, 1994 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: The Irvine Company FOR: Tentative Map of Tract No. 15011 DESCRIPTION: 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 street purposes. LOCATION: 1501 Jamboree Road REPORT REQUESTED BY: November 23, 1994 COMMISSION REVIEW: December 8, 1994 COMMENTS: OPTICE OF PUBLIC HEARING 0 Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the applications of The Irvine Company for Site Plan Review No. 70 and Tentative Man of Tract No. 15011 on property located at 1501 Jamboree Road. Request to approve a Site Plan Review for the development of 173 single family detached dwelline numbered lots for single family detached residential development: 5 lettered lots for .public open NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the 8th day of December 1994. at the hour of 7:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. Tod Ridgeway, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. NEWPORTER NORTH PLANNED COMMUNITY TENTATIVE TRACT NO. 15011 LEGAL DESCRIPTION: Being a subdivision of a portion of Block 55, of Irvine's subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 1, Page 88 of Miscellaneous Maps, in the Office of the County Recorder of said county. Form No. 1068.1 (Rev. 10117/92) ('- Exhibit A to Preliminary Report 4-5IT A M E R"0. Preliminary Report First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE 8 EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will nor pay costs, attorneys' fees or expenses) which arise by reason of 1. Taxes or assessments which are not shown as crusting liens by the records of any lacing authority thal levies coos or assessments on real property or by the public records Proceedings by a public agency which may result In taxes or assessments, or notice of such proceedings, whether or not shown by Hie records of such agency or by the public records 2 Any facts, rights, Interests or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons In possession [hereof 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, of any other facts which a correct survey would disclose, and which are riot shorn by the public records. 5. (a) Unpatenled mining claims, (b) reservations or exceptions In patents or In Acts au horaing the Issuance thereof; (a) water rights, claims or title to water, whether or not the matters excepted under (a), (b). or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded Irom the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' lees or expenses which arise by reason of 1 (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restdcting, regulating, prohibiting or relating to @ the occupancy, use, or enjoyment of the land, (if) No character, dimensions or location of any Improvement now or hereafter erected on the land; fill) a separation in ownership or a change In the dimensions or area of the land or any parcel at which the land Is or was a part, or (iv) environmental protection, or the effect of any violation of Iheso laws, ordinances or governmental regulations, except to the extent [hat a notice of the enforcement thereal or a notice of a defect, lien or encumbrance resulting Irom a violation or alleged violation allecgng the land has been recorded In the public records at Date of Policy (6) Any governmental police power not excluded by (a) above, except to the talent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation oralleged Violation affecting the land has been recorded to the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding tram coverage any taking which has occurred prior to Date of Polity which would be binding on the rights of a purchaser for value wdbo rl knowledge 3 Detects, liens, encumbrances, adverse claims, at other matters. (a) whether or not recorded in the public retards at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant. (b) riot from to Ne Company, not recorded in the public records at Date al Policy, but Mown to the insured claimant and not disclosed In writing to the Company by the Insured clamant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the Insured claimant. (d) attaching of created subsequent to Date of Policy; or (a) resulting in loss or damage whichwould not have been sustained 11 the Insured claimant had paid value for the insured mortgage or for the estate or interest Insured by this policy. 4. Unenforceablli"I the lien of the Insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability orfallure ofarry subsequent owner of the indebtedness, to complywflitheappixcable *doing business" laws of the slate in which the land Is situated 5 Invalidity or unenforceabihty of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any claim, which arises out of the transaction vesting in the Insured the estate or Interest Insured by their policy or the transaction emaling the interest of the insured lender, by reason of the operation of federal bankruptcy, sate insolvency or similar creddarV rights laws 2, AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM'COVERAGE 1 Any law. ordinance or governmental regulahoo(including but Rol limited to bulltling and zoning ordinances) restricting or regulating or prohibiting the occupancy, use orenjoyment of the land, orregulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a Separation In Ownership or a reduction In the dimensions of area of the lead, or the effect of any violation or any such law, ordinance or governmental regulation 2 Rights of eminent domam or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Dale of Policy. 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant, (b) not Mann to the Company and not shown by the public records but known to the insured claimant either at Dale of Policy or at the date such claimant acquired an estate or interest insured by this policy end not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an Insured hereunder, (c) resulting in ne loss or damage to the instead claimant: (it) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest Insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS *en the American Land Title Association policy is used as a Standard Coverage Policy and not as an Wended Coverage Policy the exclusions set forth In paragraph 2abo.'e are used and the following exceptions to coverage appear in the policy SCHEDULE B This policy does not insure against lass or damage by mason of the makers shown In parts one and two following Part One 1. Taxes or assessments which are not shown as existing liens by the records of any axing authority that !ewes taxes or assessments on real property or by the public records 2. Any [acts. rights. mare:ts, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession [hereof 3. Easements, claims of easement or encumbrances which are not shown by the public records 4. Discrepancies, conflicts in boundary Imes, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records, 5. Unpatented'mm rig claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water tights, claims or title to water. 6 Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, Imposed by law and not shown by the public records, • r •.� OR-9438377 TITLE OFFICER - GOMEZ FIRST AMERICAN TITLE INSURANCE COMPANY 114 East Fifth Street, (P.O. Box 287) Santa Ana, California 92702 (714) 5583211 THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE, 7TH FLOOR NEWPORT BEACH, CALIFORNIA 92660 ATTN: NORM WITT YOUR NO. TRACT 15011 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF AUGUST 4, 1994 AT'7:30 A.M. BY RONALD J. GOMEZ - TITLE OFFICER THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: THIS -REPORT IS'FOR DEDICATION PURPOSES ONLY - DEDICATION REPORT FOR•PROPOSED TRACT NO. 15011. PAGE 1 OR-9438377 TITLE OFFICER - GOMEZ TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE IRVINE COMPANY, A MICHIGAN CORPORATION. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994-1995, A LIEN NOT YET DUE OR PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. THE PROPERTY COVERED HEREIN LIES WITHIN THE BOUNDARIES OF NEWPORT MESA UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO. 90-1 AS DISCLOSED BY AN ASSESSMENT DISTRICT MAP FILED IN BOOK 52 PAGES 26 TO 28 OF ASSESSMENT MAPS RECORDED JUNE 14, 1990 AS INSTRUMENT NO. 90-315358 OF OFFICIAL RECORDS. NOTE: AN INSTRUMENT ENTITLED "NOTICE OF SPECIAL TAX LIEN" RECORDED AUGUST 24, 1990 AS INSTRUMENT NO. 90-453226 OF OFFICIAL RECORDS; REFERENCE BEING MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. 4. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED DECEMBER 12, 1911 IN BOOK 204, PAGE 159 OF DEEDS, IN FAVOR OF: GEORGE E. HART. FOR: HIGHWAY (BACK BAY DRIVE FORMERLY PALISADES ROAD) AND INCIDENTAL PURPOSES. OVER: THE NORTHWESTERLY PORTION OF SAID LAND. NOTE 1: SAID INTEREST HAS SINCE PASSED TO THE COUNTY OF ORANGE BY DEED RECORDED MARCH 27, 1916 IN BOOK 281, PAGE 286, DEEDS. NOTE 2: BY ORDER OF THE BOARD OF SUPERVISORS, PORTIONS OF THE ABOVE DESCRIBED EASEMENT THAT WERE NOT INCLUDED IN THE AREA GRANTED TO THE COUNTY OF ORANGE BY DEED RECORDED APRIL 9, 1940 IN BOOK 1037 PAGE 269, OFFICIAL RECORDS, WERE VACATED AND ABANDONED BY BOARD ORDER RECORDED JANUARY 10, 1941 IN BOOK 1075 PAGE 248, OFFICIAL RECORDS. PAGE 2 OR-9438377 TITLE OFFICER - GOMEZ 5. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 9, 1940 IN BOOK 1037, PAGE 269 OF OFFICIAL RECORDS, IN FAVOR OF: COUNTY OF ORANGE. FOR: HIGHWAY (BACK BAY DRIVE FORMERLY PALISADES ROAD) AND INCIDENTAL PURPOSES. OVER: THE NORTHWESTERLY PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED THEREIN. 6. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED MARCH 15, 1957 IN BOOK 3839, PAGE 88 OF OFFICIAL RECORDS, IN FAVOR OF: COUNTY OF ORANGE. FOR: HIGHWAY PURPOSES 80 FEET IN WIDTH (BACK BAY DRIVE FORMERLY BAYSIDE DRIVE) AND INCIDENTAL PURPOSES. OVER: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED THEREIN. 7. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED DECEMBER 20, 1957 IN BOOK 4143, PAGE 395 OF OFFICIAL RECORDS, IN FAVOR OF: THE CITY OF NEWPORT BEACH. FOR: THE CONSTRUCTION, INSTALLATION, REPLACEMENT, REPAIR, MAINTENANCE AND OPERATION OF PIPE LINES AND APPURTENANT WORKS AND FACILITIES FOR THE TRANSMISSION OF WATER, 30 FEET IN WIDTH AND INCIDENTAL PURPOSES. OVER: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED THEREIN. 8. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED MAY 16, 1958 IN BOOK 4288, PAGE 216 OF OFFICIAL RECORDS, IN FAVOR OF: COUNTY OF ORANGE. FOR: HIGHWAY PURPOSES, 80 FEET IN WIDTH (BACK BAY DRIVE FORMERLY BAYSIDE DRIVE) AND INCIDENTAL PURPOSES. OVER: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED THEREIN. 9. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 28, 1959 IN BOOK 4688, PAGE 482 OF OFFICIAL RECORDS, IN FAVOR OF: COUNTY OF ORANGE. FOR: SLOPE, DRAINAGE AND INCIDENTAL PURPOSES. OVER: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED THEREIN, ADJACENT TO JAMBOREE ROAD. 10. A PERPETUAL AVIGATION EASEMENT IN AND THROUGH THE AIR ABOVE THE HEREIN DESCRIBED AND OTHER LAND, AS CONVEYED TO THE COUNTY OF ORANGE BY THE IRVINE COMPANY, BY DEED RECORDED MARCH 17, 1964 IN BOOK 6965, PAGE 721 OF OFFICIAL RECORDS, AND THE TERMS AND CONDITIONS AS SET FORTH IN SAID DEED TO WHICH RECORD REFERENCE IS HEREBY MADE FOR ALL PARTICULARS. PAGE OR-9438377 TITLE OFFICER - GOMEZ 11. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED SEPTEMBER 22, 1965 IN BOOK 7675, PAGE 512 OF OFFICIAL RECORDS, IN FAVOR OF: THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION. FOR: SEWER AND INCIDENTAL PURPOSES. OVER: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED THEREIN. 12. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JUNE 15, 1972 IN BOOK 10174, PAGE 850 OF OFFICIAL RECORDS, IN FAVOR OF: THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION. FOR: STREET, HIGHWAY (SAN JOAQUIN HILLS ROAD) AND INCIDENTAL PURPOSES. OVER: PORTIONS OF SAID LAND AS MORE PARTICULARLY DESCRIBED THEREIN. 13. THE EFFECT OF AN UNRECORDED GROUND LEASE COVERING A PORTION OF THE HEREIN DESCRIBED AND OTHER LAND DATED OCTOBER 19, 1973, EXECUTED BY AND BETWEEN THE IRVINE COMPANY, AS LESSOR AND WAYNE & WILLIG, INC., JOHN WAYNE AND KENNETH ARNOLD WILLIG, AS LESSEE, FOR THE TERM, AND UPON THE TERMS, PROVISIONS AND CONDITIONS CONTAINED THEREIN, AS DISCLOSED BY A SHORT FORM MEMORANDUM THEREOF RECORDED OCTOBER 23, 1973 IN BOOK 10957, PAGE 458 OF OFFICIAL RECORDS. NOTE 1: SAID LEASE WAS PURPORTEDLY AMENDED BY AMENDMENT NO. 1 TO GROUND LEASE DATED MAY 2, 1974, AS DISCLOSED BY INSTRUMENT RECORDED JUNE 3, 1975 IN BOOK 11419, PAGE 1434 OF OFFICIAL RECORDS. NOTE 2: SAID LEASE WAS PURPORTEDLY AMENDED BY AMENDMENT NO. 2 TO GROUND LEASE DATED MAY 29, 1975, AS DISCLOSED BY SHORT FORM MEMORANDUM THEREOF RECORDED JUNE 3, 1975 IN BOOK 11419, PAGE 1434 OF OFFICIAL RECORDS. NOTE 3: THE LESSEE'S INTEREST UNDER SAID LEASE HAS BEEN ASSIGNED TO TENNIS ENTERPRISES, INC., A CALIFORNIA CORPORATION, BY MESNE ASSIGNMENTS, THE- LAST OF WHICH RECORDED OCTOBER 31, 1986 AS INSTRUMENT NO. 86-521553 OF OFFICIAL RECORDS, REFERENCE BEING HEREBY MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. NOTE 4: A DEED OF TRUST, (COVERING THE LEASEHOLD ESTATE CREATED BY SAID LEASE), TO SECURE AN INDEBTEDNESS OF $1,600,000.00, RECORDED SEPTEMBER 12, 1989 AS INSTRUMENT NO. 89-485933 OF OFFICIAL RECORDS. DATED: AUGUST 14, 1989. TRUSTOR: TENNIS ENTERPRISES, INC. TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION. BENEFICIARY: FIRST CAPITAL LIFE INSURANCE COMPANY. PAGE 4 0 • OR-9438377 TITLE OFFICER - GOMEZ NOTE 5: A FINANCING STATEMENT RECORDED SEPTEMBER 12, 1989 AS INSTRUMENT NO. 89-485934 OF OFFICIAL RECORDS, SHOWING DEBTOR: TENNIS ENTERPRISES, INC. SECURED PARTY: FIRST CAPITAL LIFE INSURANCE COMPANY. DATED: AUGUST 14, 1989. 14. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 25, 1974 IN BOOK 11127, PAGE 1803 OF OFFICIAL RECORDS, IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION. FOR: WIRES, UNDERGROUND CONDUITS, CABLES, VAULTS, MANHOLES, HANDHOLES, ABOVE -GROUND APPURTENANT FIXTURES AND INCIDENTAL PURPOSES. OVER: THOSE PORTIONS OF SAID LAND AS MORE PARTICULARLY DESCRIBED THEREIN. 15. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY AND/OR FREEWAY ADJACENT TO SAID LAND. SAID RIGHTS HAVE BEEN RELINQUISHED TO: STATE OF CALIFORNIA. BY DEED RECORDED: APRIL 22, 1975 IN BOOK 11382 PAGE 1893, OFFICIAL RECORDS. 16. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED AUGUST 4, 1989 AS INSTRUMENT NO. 89-414913 OF OFFICIAL RECORDS, IN FAVOR OF: THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION. FOR: SLOPE, DRAINAGE MAINTENANCE AND INCIDENTAL PURPOSES. OVER: A PORTION OF SAID LAND ADJACENT TO JAMBOREE ROAD. 17. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED AUGUST 25, 1989 AS INSTRUMENT NO. 89-456160 OF OFFICIAL RECORDS, IN FAVOR OF: THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION. FOR: STREET, HIGHWAY AND INCIDENTAL PURPOSES. OVER: A PORTION OF SAID LAND (JAMBOREE ROAD). 18. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT", EXECUTED BY AND BETWEEN THE CITY OF NEWPORT BEACH, CALIFORNIA, A MUNICIPAL CORPORATION AND THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED JULY 19, 1993 AS INSTRUMENT NO. 93-0479122 OF OFFICIAL RECORDS. 19. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED DECEMBER 23, 1993 AS INSTRUMENT NO. 93-0893345 OF OFFICIAL RECORDS, IN FAVOR OF: RUSSELL E. FLUTER. FOR: INGRESS, EGRESS AND INCIDENTAL PURPOSES. OVER: A PORTION OF THE LAND. PAGE 5 11 OR-9438377 TITLE OFFICER - GOMEZ 20. THIS REPORT IS PREPARATORY TO THE ISSUANCE OF A SUBDIVISION GUARANTEE AND IT IS INTENDED SOLELY FOR THE USE OF THOSE PARTIES DIRECTLY INVOLVED IN THE PREPARATION AND CHECKING OF SAID MAP. 21. PRIOR TO THE FILING OF THIS MAP AND THE ISSUANCE OF A SUBDIVISION GUARANTEE, ALL TITLE CHARGES MUST BE PAID IN FULL, WE WILL ADVISE YOU OF THE AMOUNT DUE PRIOR TO CLOSING. PAGE 6 OR-9438377 TITLE OFFICER - GOMEZ THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PROPOSED TRACT NO. 15011, BEING A SUBDIVISION OF: THAT PORTION OF BLOCK 55 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1 PAGE 88 OF MISCELLANEOUS RECORDS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE MOST EASTERLY CORNER OF PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 61 PAGE 5 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THE NORTHWEST LINE OF JAMBOREE ROAD (132.00 FEET WIDE) AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK 7964 PAGE 631, OFFICIAL RECORDS; THENCE LEAVING SAID LINE AND ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 1, NORTH 17 DEGREES 30 MINUTES 00 SECONDS WEST 242.24 FEET; THENCE SOUTH 72 DEGREES 30 MINUTES 00 SECONDS WEST 175.00 FEET; THENCE NORTH 17 DEGREES 30 MINUTES 00 SECONDS WEST 60.00 FEET; THENCE SOUTH 72 DEGREES 30 MINUTES 00 SECONDS WEST 180.00 FEET; THENCE SOUTH 17 DEGREES 30 MINUTES 00 SECONDS EAST 287.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF PARCEL 2 OF MAP FILED IN BOOK 17 PAGE 3 OF PARCEL MAPS, OF SAID COUNTY; DISTANT NORTHWESTERLY THEREON NORTH 56 DEGREES 12 MINUTES 45 SECONDS WEST 215.50 FEET FROM THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG SAID LAST MENTIONED NORTHEAST LINE TO THE MOST NORTHERLY CORNER OF SAID PARCEL 2; THENCE SOUTH 83 DEGREES 40 MINUTES 25 SECONDS WEST 311.15 FEET TO THE EASTERLY LINE OF BACK BAY DRIVE (80.00 FEET WIDE) AS SHOWN ON PARCEL MAP AS FILED IN BOOK 17 PAGE 3 OF PARCEL MAPS OF SAID COUNTY SAID POINT BEING ON CURVE CONCAVE WESTERLY HAVING A RADIUS OF 840.00 FEET (A RADIAL TO SAID CURVE BEARS NORTH 830 40' 23" EAST); THENCE WESTERLY ALONG SAID RADIAL, 40 FEET TO THE CENTERLINE OF "BACK BAY DRIVE" AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK 4288 PAGE 216 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID CENTERLINE OF LAST MENTIONED DEED AND AS DESCRIBED IN THE DEED TO SAID COUNTY, RECORDED IN BOOK 1037 PAGE 269 OF OFFICIAL RECORDS, TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN THE DEED TO THE CITY OF NEWPORT BEACH (BEING A STRIP OF LAND 50.00 FEET WIDE) RECORDED IN BOOK 10531 PAGE 476 OF OFFICIAL RECORDS; SAID POINT BEING THE SOUTHERLY LINE OF SAID STRIP OF LAND AND BEING A POINT ON A NON - TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 826.00 (A RADIAL TO SAID CURVE BEARS SOUTH 320'37' 36" WEST); THENCE ALONG SAID SOUTHERLY LINE, THROUGH A CENTRAL ANGLE OF 200 21' 30", AN ARC DISTANCE OF 293.49 FEET TO THE SOUTHWEST CORNER OF TRACT NO. 6947 AS PER MAP RECORDED IN BOOK 285 PAGES 8 TO 12 OF MISCELLANEOUS PAGE 7 OR-9438377 1TfLE OFFICER - GOMEZ MAPS, OF SAID COUNTY SAID POINT BEING THE CONTINUATION OF THE ABOVE LAST MENTIONED CURVE, (A RADIAL TO SAID CURVE BEARS SOUTH 12 DEGREES 16 MINUTES 06 SECONDS WEST); THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 DEGREES 23 MINUTES 47 SECONDS, AN ARC DISTANCE OF 77.80 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 780.00 FEET (A RADIAL TO SAID CURVE BEARS SOUTH 6 DEGREES 52 MINUTES 19 SECONDS WEST); THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38 DEGREES 20 MINUTES 53 SECONDS, AN ARC DISTANCE OF 522.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 700.00 FEET (A RADIAL TO SAID CURVE BEARS SOUTH 31 DEGREES 28 MINUTES 34 SECONDS EAST); THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59 DEGREES 19 MINUTES 05 SECONDS, AN ARC DISTANCE OF 724.71 FEET; THENCE TANGENT TO SAID CURVE SOUTH 62 DEGREES 09 MINUTES 29 SECONDS EAST TO THE INTERSECTION WITH THE NORTHWESTERLY LINE OF SAID JAMBOREE ROAD (132.00 FEET WIDE), HEREIN BEFORE MENTIONED; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION OF SAID LAND LYING WITHIN THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 22, 1975 IN BOOK 11382 PAGE 1893, OFFICIAL RECORDS. PAGE r . • OR-9438377 TrrLE OFFICER - GOMEZ FLP NOTE 1: THE ONLY PARTIES WHOSE SIGNATURES ARE NECESSARY TO OFFER FOR DEDICATION ANY STREETS OR ALLEYS SHOWN ON THE MAP OF PROPOSED TRACT NO. 15011, ARE AS FOLLOWS: THE IRVINE COMPANY, A CALIFORNIA CORPORATION THE INTEREST OF: THE COUNTY OF ORANGE, HOLDER OF EASEMENTS RECORDED IN BOOK 204, PAGE 159 OF DEEDS; IN BOOK 1037, PAGE 269; IN BOOK 3839, PAGE 88; IN BOOK 4288, PAGE 216; IN BOOK 4688, PAGE 482 AND IN BOOK 6965, PAGE 721, ALL OF OFFICIAL RECORDS. THE CITY OF NEWPORT BEACH, HOLDER OF EASEMENTS RECORDED IN BOOK 4143, PAGE 395; IN BOOK 7675, PAGE 512; IN BOOK 10174, PAGE 850 AND AS INTRUMENT NOS. 89-414913 AND 89-456160, ALL OF OFFICIAL RECORDS. TENNIS ENTERPRISES, INC., SUCCESSOR LESSEE UNDER A LEASE RECORDED IN BOOK 10957, PAGE 458 OF OFFICIAL RECORDS. SOUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF AN EASEMENT RECORDED IN BOOK 11127, PAGE 1803 OF OFFICIAL RECORDS. RUSSELL E. FLUTER, HOLDER OF AN EASEMENT RECORDED AS INSTRUMENT NO. 93-893345 OF OFFICIAL RECORDS. MAY BE COVERED BY ENDORSEMENT PURSUANT TO ARTICLE 66436 OF THE GOVERNMENT CODE.' THE SUBDIVISION MAP ACT REQUIRES THAT DURING THE PERIOD OF MARCH 1 TO NOVEMBER 1 WHEN REAL PROPERTY TAXES ARE AN ASSESSED LIEN NOT YET DUE AND PAYABLE THAT A TAX BOND BE FILED WITH THE CLERK OF THE BOARD OF SUPERVISORS TO SECURE PAYMENT OF SAID TAXES, IN THIS REGARD THE AMOUNT OF THE TAX BOND IN FAVOR OF THE COUNTY OF ORANGE SHOULD BE DETERMINED AT A LATER DATE. ALL TAXES FOR THE FISCAL YEAR 1993-1994 MUST BE PAID IN FULL PRIOR TO PROCESSING SAID TRACT THROUGH GOVERNMENT AGENCIES. PLEASE PROVIDE A CASHIER'S CHECK MADE PAYABLE TO THE ORANGE COUNTY TAX COLLECTOR, ALONG WITH COMPLETE TAX BILLS, AND FORWARD TO THIS OFFICE FOR PROCESSING. PAGE 9 OR-9438377 TITLE OFFICER - GOMEZ NOTE 2: THE ASSESSOR'S PARCEL NUMBER FOR THE ABOVE MENTIONED LEGAL DESCRIPTION IS 440-132-21 AND 440-132-24. COPIES TO: VAN DELL & ASSOCIATES, INC. 17801 CARTWRIGHT ROAD IRVINE, CALIFORNIA ATTN: STRAWBRIDGE PAGE 10 OR-9438377 TITLE OFFICER - GOMEZ NOTICE SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB -ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. w w w w w w w w w w w w w w NOTICE IN ACCORDANCE WITH SECTIONS 18805 AND 26131 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE-THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: 1. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYER MAY BECOME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: 1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR 2. THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR 3. THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE -BY -CASE BASIS. THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEYS, ACCOUNTANT'S, OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. PAGE 11 { 4.1&RICAN LAND TITLE ASSOCIATION LOAN POLICY WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation(including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohihdmg a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation 2, Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest Insured by this policy or acquired the Insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such Insured claimant became an Insured hereunder, (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Dale of Policy (except to the exienl Insurance is afforded herein as to any statutory lien for labor or material or to the extent Insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenlorceablidy of the lien of the Insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable' doing business' laws of the slate In which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association tenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear In the policy. SCHEDULE B This policy does not Insure against loss or damage by reason of the matters shown in parts one and two following Par[ One. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5 Unpatented mining claims; reservations or exceptions In patents or in Acts authorizing the issuance thereat, water rights, claims or Idle to water. 6. Any hen, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMEHICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, allomeys, fees or expenses which arise by reason of 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (Icy the character, dimensions or location of any Improvement now or hereafter erected on the land; (ill) a separation In ownership or a change to the dimensions or area of the land ar any parcel of which the land is or was a pad; or (iv) environmental protection, or the effect of any violation at these laws, ordmances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, Ilan or encumbrance resulting tram a violation or alleged violation affecting the land has been recorded In the public records at Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dale of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters - (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dale the Insured claimant became an Insured under this policy; (a) resulting in no loss or damage to the Insured claimant, (it) attaching or created subsequent to Date of Policy (except to the extent that this policy Insures the priority at the lien of the insured mortgage over any statutory lien for services, labor or material or the extent Insurance Is afforded herein as to assessments for street improvements under construction or completed at dale of policy); or (a) resulting in loss or damage which would not have been sustained it the Insured claimant had paid value for the insured mortgage. 4. Unenforcutillity of the lien of the insured mortgage because of the Inability or failure of the insured at Dale of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable 'dotng business' laws of the slate in which the land is situated 5. Invalidity or unenforceal flity of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth In lending law. 6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which Is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, stale insolvency, ar simdar creditorsrights laws, that Is based on: (1) the transaction creating the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (II) the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (111) the transaction creating the Interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure. (a) to timely record the instrument of transfer, or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor 7. AMEHICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Associalion policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not Insure against loss or damage (and the Company will not pay costs, aftomeW fees or expenses) which arise by reason of 1. Taxes or assessments which are not shown as existing lions by the records of any Who authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons In possession [hereof. 3 Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary Ines, shortage In area, encoactionB, or any other facts which a correct survey would disclose, and which are not shown by public records. 5 Unpatamed mining claims. reservations or exceptions In patents or In Acts authorizing the Issuance thereob water rights, claims or Idle to water. 6 Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company writ not pay loss or damage, costs, allomeys' lees or expenses which arise by reason of 1. (a) Any law, orduence orgovernmental regulation (including but not hrilled to building and zoning laws, ordinances, orregulallons) restnding, regulating, prehibiting or relating to (I) the occupancy, use, or enjoyment of the land; (if) the character, dimensions or location of any Improvement now or hereafter -erected on the land: (hl) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pad: or (rv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the Went that a notice of The enforcement Ihereof or a notice of a defecL lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien of encumbrance resulting Item a violation or alleged vlotat in affecting the land has been recorded In the public records at Dale of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred pilot to Date of Policy which would be binding on the rights of a purchaser (a value without knowledge. 3. Defects, bens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant, (b) not known to the Compaq, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in willing to the Companyby the insured claimant prior to the date the insured claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured claimant: (d) attaching or created subsequent to Date of Polity; or (e) resulting in loss or damage which would not have been sustained It the Insured claimant bad paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting In the Insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, stale Insolvency, or similar creditors' rights laws, that Is based on: (g the bansacllon creating the estate of Interest Insured by this policy being deemed a fraudulent corneyance or fraudulent transfer, or (it) the transaction creating the estate or Interest insured by this policy being deemed a preferential transfer except whew the preferential transfer results from The failure (a) to timely record the Instrument of transfer, or (b) of such recordation to Impart notice to a purchaser for value at a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY • 1992 WITH REGIONAL EXCEPTIONS I'Ihen the American land Title Association policy Is used as a Standard Coverage Policyand not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following excephons to coverage appear In the policy. SCHEDULE B This policy does not Insure against loss or damage (and the Company will not pay costs, ahamey5 lees or expenses) which arise by reason ol. Part One, 1. Taxes or assessments which am not shown as existing liens by the records of any faxing authority that levies taxes or assessments on real property or by the public records. 2 Any facts. rights. Interests, or claims which am not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims, reservations or exceptions In patents or in Acts authorizng the issuance thereof: water rights, claims or Idle to water. 6. Any lien. or right to a lien, for services, labor or material theretofore or hereafter furnished. Imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exceptions In Schedule B. you are not insured against loss, costs, attorneys fees and expenses resulting from, 1. Governmental police power, and the existence or violation of any law or government regulation This Includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • Improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date This exclusion does not limit the zoning coverage described In Items 12 and 13 of Covered The Risks. 2. The dghl to take the land by condemning It, unless. • a notice of exercising the right appears In the public records on the Policy Data • the taking happened pilot to the Policy Date and is binding on you II you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but nor to us, on the Policy Date - unless they appeared in the public records • that result In no loss to you • tut first affect your bile aher the Policy Dale - this does not limit the labor and material lien coverage In Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5, lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • In sheets, alleys, or waterways that touch yo r I d This exclusion does not limit the access coveragelit Item 5 ered Title Risks. Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a hearing on the appliallom ot" IrvineCompany for Site PhutReview No. 70 and TenlatIV or Tract Na. 15011 on property located at 1301 Lmhorae Road. NOTICE is HEREBY FURTHER GWEN that a Negative Declaration has been prepared by the City of Newport Beach In connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. it is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject appliation. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department. City of Newport Bach, 3300 Newport Boulevard, Newport Beach, California, 92659.1768 (714) 6443225. Notice is hereby further given that said public hearing will be held on the Lit day of December 1"4. at the hour of 20 P.m. In the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, Califomia, at which time and place any and all persons Interested may appear and be heard thereon. If you challenge this projed in mutt, you may be limited to raising only those Issues you or someone else raised at the public hearing described In this notice or to written correspondence delivered to the City at, or prior to, the public hearing. For Information all (714) 644.3200. Tod Ridgeway, Secretary, Planning Commission, City of Newport Beach. NOTEt The expense of this notice is paid from a Ming fee collected from the applicant. PLANNING DEPARTMENT crrY HALL 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 9M9-1768 IMPORTANT Public Hearing Notice c 1,7-8G POR SECS 2? 24, 25 d 26, -6S. R /CW i� t 440-13 sill "2 ya? A}I.JI d! BAY: •s: <: i1 s(: / �� i ✓ J yPi , N 44Cr. 13 U Md4:� 972 '\�J sera w - l-� NO E;47 w :f 265 6 Eo 12 �P c nO?f ASS!!SOR 5 ft:rr 6 e!Sf!50; S '+.0 CG'1%7V Cf CRe%GE 2 -oI - - eHl4S. FL r11{.YIN.W JI\MGLOY•''r - I\. ram,,• • _ ;:t• .fNY01\OIIt gM\IAtl[RV M.M{�- . �; c.: '. IM IY,Y WOYMYfg1/f T04. KCY.\Kv ' wW 10 Mftm�m Y1S.YUTv WO "P Y+G� - `-�.-_ ;n LCCC C"f] `:•] CwvwoYl on.WCCQWgYWiM \.y .. _ 54 03foR .L.., j.. tp ! IS 5 F P NT. Q.t r P 7fi/ v'N isT ,Y. 'M' I-r�t'i is :,*�>_ .-:.. ,,1♦ ♦. `s' LL 24 "1-_'� •r r, tF ...'�\ - ir_!. :t f.-Y.ccff. xr.�J 1. OIL 'f Zs.r JT^s _ . 1 s �.-1'r.•r•:.,} � t a r; sr..t 'r f` � •t''L 1 )i LD y 014 &K 55 flr• rll, r\._ _ e ,•t 32 .�\ � � - � - Fin '� sy'%. 0 t -, « ss•4e.•r.f r�r . r/ O.. � i f G1/st:,, NI t %'•„ 'v''.: �. N r• t+ �'� tOi.K ".n u . ROTE- , .As.: .+.. 3 • 2 ASSESSOR'S Eloce a -•-s .'OI.�C - ��• ___.___ tsars !l •r d - zoo Fc Z 9 ..,,. FGRCEI NurefRs •••• . AMS 33 41 '• O T SHOOK ,N C/RCIES -- — — IosG�a 27,.Pr.c' _0-ZB "'�•'tiF ASSESSORS YAP 50-2 NtW442 PAC.' 01 .COUNTY OF ORIpGF PLRM AWPm.P P, i1•JJ-.9d•r3, /3Y-/7, ?-V-34�YJ: �J,, .. �• �•Ik•• ,,, P9A? NQ 60.5/STRffTS/ YAI, ?J9-214Tt74/ - 5O-26 ... _ LRVIHE Gfb. ..-.AI AI_.:;/.: BB... 442-18 PAGE i OF 3 i 7 2 io ir 61, O 1 ci tA / II � 9•<( P• j�` i • 4 r sA� 1 \ ) �. P\ �� • ~ , ^ O ` yr r.... P) // / 4. K« • V / \\\ s� •� 5p p � GI 0 NOTE ASSESSOR S ELOCc b ASSESSOR S MAP 7RACTNO 60.5 nntr-SP MM ?39-2d:04//roC PARCEL NUMBERS EOC[442PAGE 26 CDPgRCF. M.:� Fb! 9.'-d, GiE-?7 /73-22 SHOWN IN CIRCLES COYNIt OP ORANGE • 0 i MLRCN /96/ rR-cr r{<t 9E76 MM 431- i TO 6 r4•C NOTE ASSESSORS BIOCR R PARCEL NUMBERS SHOWN IN CIRCLES ASSESSORS MAP BOOR 442 PAGE 36 COUNTY Of ORANGE 442- 36 ol I v""' ,- 1 11 - I ,. ." . 77 — """ J, lit 4 r: 1= -2., } , r, ,a,z;;+.-,,r.�e.e-ram- .", �,. 11 II • :� - I �. . ill", � . , I I I � , I , I � m T 41 A- NOTES: - _" - _ SS ACREAGE r:' •'' . .. _ '. EXiS�'.�:G .AN- 'JSE vACPN _AI:D : t 1 -, 173 SINGLE FAMILY RESIDENTIAL' GROSS 7AC AD.,ACENT LAND USE RES.DEN- A_, OPEN SPACE I A' THU 0 PRIVATE STREET _ �. - I I - . . � . .1 . .1 - . ......... ..... ...... '. . . � ... . I.: .. .I. -. ., - 1�I:7 -1 I I I v 1�:7 - 1 4j k, . �� "1 '. �ROPOSE� :.AND . SE: PESIC;7 . AL. 0 N SPACE ' W OPEN SPACE (PRIVATE) EXISTING ZONING: �j.:�:..��` . ,,,:::ff: .f::.::. ...:.. f ... .- �7..1.:f �.:, �:.:P�* .:....,..:�...`.­.I...: ; 'I :.1. .1.;..� f.���f.�.,�.q .��:.� '. .!.ff.r.., .,.i.;. �.:....f :. :; .f,. . .�.: :: ;..I .��- .: .;f:;����fI.... .:.f :.;.. :.:f i ....;:. _�.� : .. ./ .,/. :/� .:a,.� . ::.:..;;:f: :..: ;\.\./�..�.., .:..:1'..�..�::K.:! ; ., .I :/:::::� �' Y OPEN SPACE (PRIVATE) , ^ I-. . _... � ... ��(,.._�.1 A . . I-_.�1_1I ­�..� . I 1 .\ A... .\ I-,. .\. � I.I IJr CITY OF NEWPORT BEACH, COUNTY OF ORA�1 GE, STATE OF CALIFORNIA 13 DOMES'I^ WATER AND SAN'TARr SEWER SERVICE TO BE PROVIDED BY - E CI-t' NEWP R A II . ....... .. .. .< I V . ' -,, i � OPEN SPACE (PRIVATE) 2.8 AC. AL 0 S -L E S BE CE C -' - . �- S ;� � t., J _ HALE JN RGR�,uN AS OLLCWS. I -;.:. �•. :• , S OPEN SPACE PUBLIC 12 C AC � -� ' I IT' c ^ ' 0� / `� - Y- , \ \ T OPEN SPACE (PUBLIC) 33.8 AC I ELECTRICAL SOUTHERN CALIFORNIA EDISON C e i, ,/ . 1 $ ._ 83� _ �.. ".. U OPEN SPACE (PRIVATE) 2.3 AC. t.:• GAS SOUTHERN CALIFORNIA GAS CO. 1/ 178' N. V OPEN SPACE (PRIVATE) 6.4 AC. TELEPHONE PACIFIC BELL �� X OPEN SPACE (PRIVATE) 2.2 AC. CABLE T-LE�'S!ON DIMENSICN LEGAL DESCRIPTIO i Q s . `" G .. c'c r `� u�+ . g /,.:. - BEING A SUBDIVISION OF A PORTION OF BLOCK 55, OF IRV1N� SUBDIVISION. 1N HE C: TOTAL 89.2 AC. I ^gb NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ,ON A M4� FL_5 FIRE SERVICE DROV!DED BY THE CITY OF NEWPORT BEACH FIRE DEPARTMENT - ... IN BOOK 1 PAGE OF MISCELLANEOUS MA IN THE OFFICE OF THE COUNTS RFCORE2R ' OF SAID COUNTY. 88 ('� tiJ . POLICE SERVICE °ROv+GED BY THE CITY OF NEWPOR? 9EACH POLICE DEPT. . S SECTIONS SHOWN BELOW ARE TYPICAL P I C S CT 16 PS TY AL STREET E ION / Z . . STREET CROS W'LY E'LY PAL PAL PA PA I 7 THE PROPOSED PRO.,ECT LIES '0A.HIN THE SERVICE BOUNDARIES OF THE . MID -BLOCK REPRESENTATIONS AND DO NOT NECESSARILY 51'-55' 67' i ;; N;BENCHMARK. REFLECT RIGHT-OF-WAY REQUIREMENTS FOR INTERSECTION 40' RAW NEWPORr-MESA UNIFIED SCHOOL DISTRICT R . / '. . ". _; `':e R N AT ^ �ti Tt�• --� ^I �1t V, MPROVEMENTS A TRANSITIONS. : EASEMENTS SHALL BE GRANTED TO THE CIT OF NEWPORT BEACH FOR . . . :. . . T D U O ALIFORN A COO D E �� _ S_ E - _ . y , WATER AND SEWER FACILITIES AS SHOWN HEREON AND OVER ALL PRIVATE E UPON BENCHMARK NO. 3N-56- • E_=v - Sy. AD 98_.. V RTICAL CONTROL BASED T TH T ACT T ND ,. S R ETS WI N HE R C UPON ACCE ANCE OF THE FACILITIES BY THE c r - - 16 18 16 18 1 1 9. 95 155 8 � 8 155 7''' C 20' 20' 25.5 27.5' y _- - ..... C .I I I P . - - "� VAR. I VAR. I VAR. WIDTH I I �. EASF:c'. �� _R EMER�•cNCY VEHICLE PURPOSES SHALL BE GRANTED TO THE 5' ' I O9 10' 10' 20 .,,. i�F T T� DDRCHAGE 7% I 7% 1 EACH AS SHOWN HEREON AND OVER ALL PRIVATE STREETS : \' i '�'1I114g' \ % 2 � 2 =-� ° 2 r / , � _' 2 2 WITHIN THE TRACT, I Y N T \ 4' WIDE 4' WIDE 4' WIDE 4' WIDE 10. THE SUBDIVIDER INTENDS TO FILE MULTIPLE FINAL MAPS FOR THIS TENTATIVE SIDEWALK SIDEWALK i /; - _ I �` > . - SIDEWALK SIDEWALK TRACT MAP I ' __ _� 4 RIV T 'I' E 11 GRADED SLOPES SHALL BE 2 t. UNLESS OTHERWISE SHOWN. ' .. . - .I I CK BAY VE E I . - G) D POR. A",'B'," E D„S R EET „A„Ps�,REE'r-„C ST TO "G ST. 12 PRIVATE LANDSCAPE�OPEN SPACE LOTS "R" "U" "V" "W" AND "X", TRACT SLOPES " .. . . . , . HALL BE MAINTAINED BY THE HOMEOWNERS ASSOGATION. :: f .' (PROPOSED) (PROPOSED) AND DRAINAGE ACIurIEs s T N S I WLY N TS ELY . . I. .. - .PUBLIC DPEN SPACE oT Ns^ DEVIATIONS FROM CITY STANDARDS: ::. .. . • R/V�l N T S R/W :: I I ., t .12.0 AC. GROSS 1. THE FOLLOWING STREETS EXCEED THE 400 FEET MAXIMUM CUL-DE-SAC LENGTH L 11 III 11 _ - 134' 144' \ PUBLIC OPl~N SPACE , ��,- _ \ 68'-78' 66 FOR PRIVATE STREETS: STREET "B" = 640 FEET II . .. II- �� LOT \ \ / 68' 33.S.AC.' GR05S 10 5 -6 8 8 48 10 �\ t I O' p' '�- I .r :' . ..: .- .:, \ RET. WALL <- OWNER AND SUBDIVIDER: . _ J I i , -� 1. �w tt' . _ , TI-I ffi1/g11E �ONP1M1`� f;, . ! (� .. b �. �'ti 7 50 I _ 1 PROPOSED 8' WID f , 1 \ 8' WIDE E / ' . :: `; I I' ?' ' r ; ; '> 152 °� . .. t . N WP R T T R :::.::..::.::::::: . ::::::::.::::: .::::. I ;_:. 7� - _ - PEDESTRIAN TRAIL \ SIDEWALK SIDEWALK 550 E 0 CEN ER D IVE 1 PR P t WI M NCY VEHICL %�... Q>: ! ;:p::::f : r '.' r..rr.'.�: b ; : ;s �' - _ �' - .,/� \ NEWPORT BEACH, CA 92660 I ACCESSEAND PEbESTRIAM GINGftESS/EGRESS . 40' PROPERTY LINE I - _ - _ - _ - . I. T'rI.I_-I 7_?. ._2-,I15_.,-I i1 MI . : : ':: :::::::':'r`r::. t a �fb EASEMENT Bl UFF SETBACK. LINE %.� ` - - - - - - - - - \\\ (714) 720-2000 !� .� - MBOREN ) RO �. A A ".: . ::F 1 .. ! ; : '. :;:: \; qp, 7 flF / 4 y1 a 20' BUILDING N'LY N.T.S. S'LY I HEREBY CERTIFY THAT THE OWNER OF RECORD HAS KNOWLEDGE OF AND l i, . \\ ;, -1aa. 13 SETBACK LINE _ i _ - ( \ \. _ 7 �\ II I I. 1 h : wp `t �^ 1 - - --_ _ "` - ' - �� \ R/W 120' R/W CONSENTS TO THE FILING OF THIS MAP �' °p ^?1 - - - - -- i �-- �� 3 VqR I. F C; ' N _ - - ' 14a DATED THIS DAY OF - 1a4. x , - - N N / - ' �' it . .. a .s' Q i51 ., .: I:.` h ' �� 1.. 42• _ 60' 60' THE IRVINE COMPANY,- A MI�HIGAN CORPORATION - s. �V 45' . 2 i_ . . .. N 3 L ' �' _ 7 45' - 7' _ . '_';' 153 5 M \ . �� � � I tF \* 1 � III II II �' r 4 - 1 7 In J 0 150 8' I. 4� In %-� `` ... oy . $ 78' 44' i. 44' S 4 'L ® _ R �' "' �o , , 44 h 43 42 s� \ n i. 0 46 - WILLIAM H. MCFARLAND EXECUTIV VI PR NT . v. 6 , E CE ES DE 1 . �0 6 2,.t 2t.s ,2t.9 22.3 41 C� "":. 2 O \ r . 149 0 � 40 1.7% t. �' 4 c 5 20: \ `o h 4 "� n v © 2a2 39 . �s 4' F 5O 4 „ae M ., 4.0 37 0 r. ^ _ 123.8 a.. 53 1 tas 0 1 4 9. 1 7 L£ - O V 7 4 4' 43' t 1. - - 1 2 9.0 _ 3 �v 2 a a t9 .-,.-,.. .:;'* _ r 8.3 6 :....:....................: r : i PROP. R 29 v 'S 4 2 . z ........ - ; ! \ 4? Q f S7, h b! 13' 8' WIDE 8' WIDE i" ...................... _.--•--- -••; : \ 47' �`° W < e ° q3 w 34 17 26, \ \ SIDEWALK q SIDEWALK JAMES R. CAVANAUGH, ASSISTANT SECRETARY 'L � 1 ALL \ I' ::; ;: rl .. \ .. ,�N o ,.� :C� . 54 `��•6 37 35' S3' 13 29 9x --moo ,n 1 4' 36 ' - - J.. t i�, y a flat 66 0 " „ PtMRIVATE STREET 6 W ,: �• PROPOSED SAN JOAQUIN HILLS ROAD II 1 N q M io " Gs, r S �9. 5 P � .Ir OP SP CE k _ PRE ARED BY. L PE S 7RI AN TRAI ` e I DE L I r \ N j : w w 4 N w b m40� 5 5 3g' co 147 •y N R 48 48 4 iyr. \ EXISTING T R M � t _, H � _ 50 ( ) , I.I I. ./.. � .)Z.- ".-. . /� .__- _.0 . .F . . -� `'=\ 9 4a 41 49 W \. p O rf ' I \ 2,6 AC cRos6 - ® 'g' p 's 35 h . . N.T.S. - - -� ! r:`.. `�, \���. -/_�-.1� .... d v 4 \ J• a C - v 4 `'.: r' - \ a 169 1 7 a 3 Nr M VAN DELL AND ASSOCIAT 408' +n 51' 9 3 i,7.9 <v N T ? s. i� 24.5 \ t` ES, INC. ' f" 11 3 ? . . � ",. Y� y 3 n r. ^� 1 6 - 6 t' 40 :� 44 .+- � 12 �r- 3 7 01 CARTWRIGHT ROA 'o l i 8 D .�•- 42 a• 22 T a 146 2 •�� a N-•--a-• < • h -� 124 121 a 0 `�.' 7 n 1 •, a 5 ..•%s ' 2 8 2 � i' 22 , c4 1' 1 4 -,n 20 A 71 ,. © IRVIN IF NIA e 3 E C L OR 92 2 t 7 • 1 22. 5 5' a 8' 26 20.9 N h 23 �'7 S .n 4 .0 54 46 I n 127 © 119 i ^ v . sr (714)474-1400 J :> ,8.5 to �' ut , 25.0 -' P "..:::y:C ^:::: CO 7 2 i� 128 t23.a 4g' . . `� ; :. 20.0 .;:< n : ►::: \ - �' a 51' 3 �+ 129 118 o I , . : w ..... .. 42' 0 19.5 a 3 .... �\ / -" 4 1 130 Q _ ,24.a - 'N,, r... ;<: 5Q in 145 o t 9. t n 42' 40' 34' S � I ' + ../ r ,. 6 :. ><: : ;.,: :.. !. rt 57 43' S2' 3 i 7' 3 r°n S • \ \ - ��-`�N� ::.:' :; as ri. a5 47 7. M 49 AN S , 2 5. ; i .-°ti.l 9' $ tS7 _ �\ W RY J✓ HARTMAN, R,C E. 18492 5 3 REA LI S Y. ' a N,r i[7 � cV 61' a 3 2 4g' g3 £X1S71NG 7L 13 ' i. 42 <I . K iro R a , cy. ,4.1• a ROP � 36 _ � • 4 7' 44' 1 2 7. _ 66' . 42, -, aT e Z 2' $ s i 32 7' l. 162. a WALL �, �' 137 ^ 2, 2 k z,.9 k 140 141 138 139 h ,� 1 28.0 EXISTING WETLANDS ` / :�I. '�:�..'­:,r,.. �lII..I;:".�-.-I:f.. ..: , p . @"I. .�.1I �I.,-.II.:,-., ...'.:�.-'.i..I:.-...I:f..� ..�*, Ir:'..-. ..f...;I,"....L, II;-,..,,�*I ,.. .-....,:I-,*.Of..._ 1I..:-h.."..f";:�,...,.f/.f�!,i,:,.I.'�!.,.,"-,f.�.f.. -4.f,:.,'� I :f�:AiI .I� .�.­f­1�f. !,:: .*.�F:--�(-"-:-1'...ff,/:fi1, ._'..�I';f7*.6�fT.�;.f,. .;*.::.�;.f.: ..- ,.�,!.f�Nf�I,f�I..�f I .. ? -.�i.�f!m ..,.....L:';-..I. -.*,-.f.. f.i6I:, :.ft .0 ...;..--./-!.". `�' ....:. *�.9I�i.;.,-f:I". ..�,�I ;i.I: �.fl.:... .f'-I:­f.,..4If-�;-.f�I�.f.�f .�:.;.:,.I....I`!�:.. .;::...��::/. . 1I ,:.',;!...�II�;.� :I, 0�!.�, IN.I ; 1:1 : : .­;..1..:.!;.i:::.p.,.:.i�.:%-::'�..f'. f.:I... . I;..,.. ..f;I_:mm f-�-'- &-..,t. ..�t :. . I...�1�. I. :�.�:�..0 i..:":��.- ;. ..;.-� 2 / ?' \ n. 7.. a �y 136 0 20.8 22.5 23.2 142 141' AREA ss '' ; M 52 g 7 firs '� 135 0 r • 6 O 143 , 41+ 49' - \ - - M s' '� S� i9.9 v t23.8 6 5 50' \� T _-/ t �I n a 163 < I M . OT wS ( `° 139 132 133 a4 3 7. 40' ,, 39' r a 24.5� 144 _- o; vt ,. :, \ \ 722. ` o •, _ 4 w,,, 1 ao w 9D � n s 2' H 16.7 t7.5 3 at 3 37' 44 3. rl o &'` 31 4' T N / �- - - - \ . v, ry0 a 43 S 93� \ 39 2 16 N 4 4p' N 30 9 - - i `'.` .. v 81'. 6)• ,t t `�`� 4 45 39 - - W qq, 5 �' ^ 2S 4 24.7 24.1 f i \ EXISTING 10' WID PUBLIC uT Y '� 1�6 N ` a9' 48' 22 -� 84 W �},� \ EASEMENT TO THERM CALIFO IA _ `h �::-�, B. N 173 A� ♦ 1 6 K PRIVATE STREET �= wI N Q.J ,� _ - - 1 taw- 57 In in LO 5 T 1 I`i `r' .43' ,1�' 1 I 3 1 MAX ` �_ \ + . EDISON CO, N .... .. _ - - - - _ . TOR A - M - I L _ t 85' S 42 4 1\ , , 165 -M 35 9 64' N �� r 'ni� w�" S R-sop 5 52 47' 50' 49 41' �2 " 48, 86' \ �0 6 , M7 E� rJ � PRbP.. t ,0 83. 9 7' N N ?1 ? ^t - W - - s w 43 7 4j • 42 50' 4 ,- 43 a w w 3 n n v 0' --- - ¢7 44 6 46 \\ 9S' '7 WEL a ^ 33 2i2' `� i9 22 M v a2 3' �i Q LOT "E,.R=9oo' t.sx ., I it 4g " 172 tS,a 2 1k 41' 36' 42' 42 _ ` n > 6 3 c� >, v n 6. �, q8, tr , °: .- i66 © N �' 1 �, �, Q 4. s. 95 '4 93 s' �' 32' aa' - - o� S 7 26 " 25 24 2 5' 2 `� 44• "'� / -7+ t C� \ 6 w 6. 96 ® 22.0 122.7 ^9, s 4 L 42' 78' \ f 0 21.5 _ \ e i4 .1. x 42' 1 3 �, a n e' 7 2t.2 92 ( 3'� ZQ2 204 20.8 21.0 t21-t 121.3 4' o �\ ^ 98 20.4 r, - O t23.5 91 \ \ $ 1 PROPOSED 10' WIDE y u9 V ., r \ -� �. \ ,� �1• rw 00 ,.99 t8.8 . © tO p t24.3 90 ' ,07 17 - \ \ �, ;n 2t7 5 S7' WATER EASEMENT 2B, �i ,,rram� \ \ 1 w 50 .r rn 102 t83 n '. 7' 33' t5' `° 25.1 0 ��\ .\' 6 , e 2t.8 4 3 QG `tr7 :... \ \ A i ,s.9 4 N 103 0 ,as 6 10 =1© a, o L4 10' e 4 4 a 2 4' a \ •9 , 167 S' t5.9 17 t n s '` 89 !� tt9 J a 19 S �w.r 3' + n 5 4t' 20' 32' 7 87 l a' 4 3 `� 12t.9 7 y r \ S' - d ;7 2 ! c 53' 4'7 51 37' o b; j zs.4 24.7 24.t I / OPE 8 41' O 18 4* r ': 55 - N� ° {ue 6t 2 ° 49' 43' 42' 52 a4 53• v i ! I a � ! / o - . - � . L A \ W a 4p 22.1 1 h� 4) 5. \, \ 54• v 54' 3 30 45 0 , jn , 42' z �t/ \ w N 0' �' - - q�, ^� \ -� 168 d LIST t 48 39 1, 2T ts' 2 39 _ D a7 - I . .9 . . \ --- s --� O 7' s h p. � , co N / S . , 22.2 :.: wpw 1ta.e 33' « q5. 39• 38 11�2 / ' 13 7. 48 47 44 ^ % �/ /� \ _ < } PRIV E 4 ° 16 ^� p 3 \ 1110 '�. w tw 62 3a n 110 111 ' _ 2,. 114 15 'ao' / % /� f'`�`� r v i h N tao �� S�Rr R. ,z2.4 �1 . 7 � ,' : 9�O t8.7 0 1 3 20.8 21.2 �� 22.0 N 86 / L,•.✓ t 5 \ -I• . 8p. �, Q) o +n 1 20.3 © © 22s L� v "� / Ex15nNG wETLAN05. 15' S0' a5' a3' 27 47' 49, aso, 47• 1tr� oa A os N• .. 4Q. N ,9.9 ti 7 c AY2EA• ( o in , �, 50' �iq 722.5 9 h 1 ±3 �% fi $$' 2 rp W 0' ©\ '1 222.9 117 24.5 a v 1 N n N w 8• 0 \ a p• t78 105 v6 107 108 � •r v 23.7 I. 4a' 9 2 D _ _ » w .r 7' n ` 4' 4 a 4 S �8' 4' `, Q \ 73. �'$ 1p72 I 63 =tn 18 ,a6 19•S iv a 2g t3' 40 43 39' 26' I& a 3 allo / /J/ . .' �. ., LOT 2 4 2 4' 0 4 n� s,, a5 ,z2.7 h� 4� k 170 v ,tT.t °ti t a 42 43' I 24.3 I f n / © ` w 20-5 20.7 2p�9 2t., 2t.3 2t.S 7 3' 8 ' 8' ' 1 " n t . 1 1 - 51 p 7. 41' p 9• < 10 a3 ET 98 3g' kk f �' 65' I // r n 0 n o 21.1 $ i' 13 v�� v \ �}... �„ 171 7 O `s 27 48' 4T 46' 33 (PR7VAT SIRE ) R�4�. t 3 4 r lI fi _ 'n `° n o ° 21.9 v vj, S Ce �Y v�, 1 722.9 5 I t h t J 1 n 69 09X t Ryi 1 "1 84 / I,' I n 4a' 39 38' g `� s 3 t 64 i6 "1 f \ 4$ 41' 42' 22.t \ c� 1 12 �\ 72 d ` tL3 }2 \ - N r=e0o'n �'T *M" 50' 53' 1 7q S LOT f 24., / / Q 202' q0, 3 10 r \` 627 230 , \, - \ G . IO' 1 T� S A 213 19' v 9' 23' N i _ _ w 8' 122.3 120.8 S ©O \ 6 • 7 ' h 42' i� n 4g' +r +r ,5 ^ ' i I w �� ° £ , . 9� 0 0, t - t t 43 2� L �I \ 0' _ 40' o � . - 7 3 : S 8 1 7 i2' t 9' 12 9 32 t c' °'• v 7 S. F` \, 1, - � � \ n - N • _ O 'o • % / j 4 �S' :K '�'i:. - 7t / 6' r P 23' �� 43' 42' 44' a �' 75 76 77 v 5' 7' 1° 9 83 / u 1 l 1 t: ^ \\\#\\1 AR -\\\ Q M ,D 65 I f rn 1.S I, r� 2g' I \ I w A 11 SO' 1 1 , - NI \ PROPOSED 10' W,D t7.5 v ` °' 0 6 4 ,2,.t '� 2,.9 7 z3.9 w C } , < 9' A X - I -'It _ s B• 20 7 O 22.4 79 \ .l F zn s i �I i_ R - 4 '.SEWER EASEMENT a. _ n ;� \ . �. 72 73 n n m. s 82 ^� 11 I n t 4' \ n O f' ( N SPACE j ' 1, v A \ . 66 s �, z2.8 80 Ex s NC9 WIDE a I 1 4 I _ .. .r a. zo.3 •rn 0 2a 7 N / ti r I a 1� w " w , o • ,�' , C_ __-_ .,� • I k ' ' r \ 9 ' I 6 >. 1 -- O 71 19-9 s 23.2 t3 t 4 S,ORM DRAIN EASEMENT .. l� O '1 . 0 81 5 t1 / 1, 4 �, / t . V a q. - 67 68 69 70 19.4 40 40' 32' 4t' v To T}4E CITY OF NEWPORT ` � I 2. C. GROSS .� 1 / •,2,- -` / ; l �/ BEACH TO R:MAIN \ 73 2---f / --- '� ` \ �.CIT.. p 2g• t7.8 18.t tab ,9.0 45' 2 4 23.4 O 12 a t' �. j I R-3 AC. GROSS.' ?7' S� :r ago r 10 43' 43. a �ti� �z / ! 7 \' ` - -- _ I t 43 11 78' PROPOSE EMER .- ' ` " .. PR pOSlri1. RITEI4TIOI :BASIN �� 2g J k -ACC EMEN - - - - - +--+- - - t N tz 707' . \'I s a "'' p S2' 9 _ -- -- \,.. 5C'' 46' 1 ,, 1 t -- _ ,`. _ \' J t 9 - 13 41' S 1 1 9 � t _� - �0 49 4 �� 5 iz `�� �-� I . 294 '� 77& : ' efCl rriAiaS. QCfjI` - m .._.... 4 f ` : to :. ':'.•': 'o0, - - .._ ... _..._ h... .. ... ... .. .. ' - "t 2 _ _ - ... ..... .. ........ •i.. ..... - I. . . . . .. .. ..... , _�� - - _ .. ._ .. .. s9 _ - -_ -- _. _... �s -`. - -. .. ....,...-, t - - .._ P#20P..CONc- , .... LOT "V" W - -- ____ --.:� I X ::-:. - - _ T� _2-_....__ _ E ISTING SLOPE AND DRAINAGE , ` o, - 3:7 - a _ :.'•. �� ... .:. .". . ;-II.. . . :.�.,. :,.. 1w: .. I.. .f � . ..�I . � I 1.. .I.I � ..�I.I. .I- I�I II: 0�., -� .IIII� II.� ../ ... .1.I. . , .... . �_ �.,.,... � I. �� I .. \. - .. : .:I.� . . .. I ��I. :.. .:.. .Ip. \ I I. . i. . .\ I r ,- : \.:\� .� ..I ., �.I I�, I _.\ � � I1. I , . . -� �I .�. .0.\ 1. .\ I �\ � . �. I. -I 0�r .� � \I 1� . . . .I � I- I \\ I; ..� .\II .-. a. -.I .� . �I . �� .I. - _ZI I _�I ..�.. . I�. . . .1� I.1 . .I I - --.1,I �I.. -I I . I. -. 1.I.I I ... � �. . 1`I I I. . . - . . �I. I 1�.��.I.�,-. / . % I. I I - .-III"I- ��I I .I� .I , I_.I _I ;� � �. ,I . . I.I . �%�A- . . .II . I �I.�..� �� I � .I NI- . \- � .- � I ��IrI� /�. � .\I I II �_ .I �.4.� T:1.i,;..c1-,.L..-,'_o, � .f�. I.. , . ... 1�— I _-.rI. .. -. :...�.I. :..� I �. .1�...:�.: - I�. :1. ,.: .11 ,.�I,.. q�. ­�.. ­,..,.,- .- q.0 ..�I,_�'., .* :.I .;., ,, .­:-.,..,'"..I1I -�,�,:_.. .�1­-_�.. ;.,�1 .. .: �.,I,: I�.-:,.I ..- ,,- . �. .I..... . I..", . .I 1,..,.`-I. .­�- I. II� ,'. '.. .. - .Z_,.,....., -%. I ,r'.� ._f1 ',,1,,,'..� �,. / _� �.-::,::---I, iII..�_�1'I_11t _ __�,_ \ ©ITCH » . 6.4 AC. GROSS zs' a ; ' - �y vRWECT EASEMENT TO THE COUNTY OF , - - - v ._.. �- I. _ LOCATION - - - . _ . - - .... _ e .._ :.. : , -� - _ v� �_ i ram.------ -.. _.... ._ ,, . .... .. T � I �V� LOT SUMMARY: T L 0 LOT SUMMARY: LOTS LAND USE DESIGNATION GROSS ACREAGE ar ..... ........ 1 17 29.7 AC..4 v u — SINGLE RESIDENTIAL A THU Q PRIVATE STREET W OPEN SPACE (PRIVATE) CI OF NEWPORTBEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA Y OPEN SPACE (PRIVATE) ............. '., .•-,- :--+---:';- --—......................................_,:.._,.,.,..~� .-- .-.:.. �`° S OPEN SPACE (PUBLIC) 12 0 AC. :.:....%a::- ' ....,.........._............... 124•.....,-:..:�.::r,:::::.:::.:::'� ... ♦` / .. ..:..........' '' •''� �......., �: T OPEN SPACE (PUBLIC) 33.8 AC. /i / ..... �'�� .._'.:...•........:::_E:: ,_................. ..:::....r:.-�:::: ........��~... A (PRIVATE) 2.3 AC. r - - .. .. �.. ,-- .-_:..... ::. •..,.... '. .. -_ ! .1--- ......... U OPEN SPACE ( E) -;. . 8..::... ." ;...• ... • .:...... • OPEN SPACE (PRIVATE) 6 4 AC 1 :........ •;..: .... . V .�, ... ;:.:.... '�. ...::.::::::::::. ....: ......... _...... T,FrTATI T)F. .RTPTT(�N_ .. --- e :•:-.�. :. ... ..... ..... l•.:. h ..: .^ __. - _ .... -' : i. - '.Y '.,�... -- .:Ji ... - - - - 6'. ..'.�,.' TT1 T /VT77 ! A ,u., 1,1 ^nil MCMn I7PCAITA TI/,610 Ak1M M^ AI/,T AICI.Cnn A M11 V - - G1'- a=, • Rl - 1f5.7 - �� _ a T, _ 47 SxiSIllfa:VANij�a , 4.' t� 5 t: o ..... ...... .................... .. to , .... ....... 6 � 4 4 .. .. .. ... ... .. ... .. .... .. ... ... ... .. ............. �""``�?�: :' ! :' .`• .' .'; :: � :::::::.,>� � _:[;; M ....... ..-. 85 47 4 f.. 6 ....... �+ . 3 a .. rn n Rat LfIU T5 ............. . 8 i .__. .. .... 1� . ,. ..:�nP � I � � T _. .3R I I � � mow.. ... ..-. .. _��4_ � � _. .. ... .. .. .. ... .. .... __ >i/�� . .4�.. _ ... VICINITY MAP N. T. S. NOTES: 1. EXISTING LAND USE: VACANT LAND ADJACENT LAND USE: RESIDENTIAL, OPEN SPACE I�ROPOSED LAND USE: RESIDENTIAL, OPEN SPACE 2. EXISTING ZONING: 3. ,DOMESTIC WATER AND SANITARY SEWER SERVICE TO BE PROVIDED BY THE CITY OF NEWPORT BEACH. 4. ALL PROPOSED UTILITIES SHALL BE UNDERGROUND AS FOLLOWS: ELECTRICAL SOUTHERN CALIFORNIA EDISON CO, GAS SOUTHERN CALIFORNIA GAS CO. TELEPHONE PACIFIC BELL CABLE TELEVISION DIMENSION I 5. 1FIRE SERVICE PROVIDED BY THE CITY OF NEWPORT' BEACH FIRE DEPARTMENT. 6. POLICE SERVICE PROVIDED BY THE CITY OF NEWPORT BEACH POLICE DEPT. 7. THE PROPOSED PROJECT LIES WITHIN THE SERVICE BOUNDARIES OF THE NEWPORT-MESA UNIFIED SCHOOL DISTRICT. 8. EASEMENTS SHALL BE GRANTED TO THE CITY OF NEWPORT BEACH FOR ?•`.'•;'?;1 !.:' WATER AND SEWER FACILITIES AS SHOWN HEREON AND OVER ALL PRIVATE STREETS WITHIN THE TRACT UPON ACCEPTANCE OF THE FACILITIES BY THE CITY OF NEWPORT BEACH. 9. 'EASEMENTS FOR EMERGENCY VEHICLE PURPOSES SHALL BE GRANTED TO THE CITY OF NEWPORT BEACH AS SHOWN HEREON AND OVER ALL PRIVATE STREETS WITHIN THE TRACT. 10. THE SUBDIVIDER INTENDS TO FILE MULTIPLE FINAL MAPS FOR THIS TENTATIVE TRACT MAP. 11. GRADED SLOPES SHALL BE 2:1, UNLESS OTHERWISE SHOWN. 12. PRIVATE LANDSCAPE/OPEN SPACE LOTS "R" "U "V","W" AND "X", TRACT SLOPES AND DRAINAGE FACILITIES SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. DEVIATIONS FROM CITY STANDARDS: 1. THE FOLLOWING STREETS EXCEED THE 400 FEET MAXIMUM CUL-DE-SAC LENGTH FOR PRIVATE STREETS: STREET "B" = 640 FEET. OWNER AND SUBDIVIDER: THE IRVINE COMPANY LK 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CA 92660 (714) 720-2000 I HEREBY CERTIFY THAT THE OWNER OF RECORD HAS KNOWLEDGE OF AND CONY4NTS TO THE FILING OF THIS MAP. DATED THIS DAY OF THE IRVINE COMPANY, A MICHIGAN CORPORATION WILLIAM H. MCFARLAND, EXECUTIVE VICE PRESIDENT 1 � JAMES R. CAVANAUGH, ASSISTANT SECRETARY PREPARED BY Fill] IVAN DELL AND ASSOCIATES, INC: 17801 CARTWRIGHT ROAD IRVINE, CALIFORNIA 92714 } `ko (714)474-1400 CL' „� Grit• �>��_ v TERRY J. HARTMAN, R.C.E. 18492 / .• [" i ,... : .: . : Yi :,lW4V•. , i_. til : \ !,J .. H. J Y 1. IV _ ._ ................. - .. ♦ • ' I . .:1 -'::::::::.. .. ... ..... ... ... ..... ..... .. 1 1 ♦ - ' , 3 ............. co .......... r