HomeMy WebLinkAboutPA99-0152_COASTAL DEVELOPMENT TO ZA TAYLOR WOODROW HOMES NEWPORT*NEW FILE*
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NEWPORT
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DEVELOPMENT AREAS
3A-2a, 3A-2b, and 3A-2c
Site Development, Permit
PA, 990152
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CONDITIONALLY
APPROVED
CURRENT PLANNING SERVICES
August 1999
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PLANNING AND DEVELOPMENT SERVICES
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Application #: PA990152
Application
Application
Parcel(s):
Address(es):
Location:
Project Area:
Type: COASTAL DEVELOPMENT TO ZA
Name: TAYLOR WOODROW HOMES
15586 OTM
IRVCPLNG
Date Filed: 10/05/1999
04/08/98
10/05/99
DAPS 3A-2A,2B,2C - NEWPORT COAST
202.00 ACRE Public Project: N
Initial Study Required: Y IS Charge #: P53883 IS Summary #: 082
Application Charge #: P55528 Summary #: 406
Owner Information
Name: TAYLOR WOODROW HOMES, INC.
Address: 24461 RIDGE ROUTE DR., #100
LAGUNA HILLS, CA
CRAIG HOFFMAN
Zip: 92653
Phone: 949-581-2626
Applicant/Agent Information
Name:` FORMA
Address: 3.100 BRISTOL, STE: 100
COSTA MESA CA
ATTN: CRAIG HOFFMAN
Zip: 92626
Phone: 714 540-4700
Zoning: PC J DA 3A-2A,2B12C APN: 47731011
CAA: 47 Census Tract: 626.17 Supv District: 5 Coastl Zone: -YES
LUE: 1B Comm Profile: 1.4 PC/SP: NEWPORT COAST PC
Previous Apprv: MCDP PA970133; EIR 568; TTM 15444 & 15446; PA970046
(AP#BR 477 PGS 3110, &il) PA980049
Project Proposal:
COASTAL DEVELOPMENT PERMIT TO PERMIT CONSTRUCTION
OF 11 DETACHED RESIDENTIAL POOL CABANA/GARAGE OR
GUEST HOUSES. REVISION TO PREVIOUSLY APPROVED
PA980049.
DEPOSIT SUMMARY
Total Deposit: 4,081.00
Payments: 4,087.0
BalancWNDITIONAI�
APPROVED 60
BY:O,12c r DATE!
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URRENT PLANNINGG-SERVICI
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M County of Orange
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DATE: March 6, 2000
TO: File/Record/Applicant
MEMO
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FILE: PA99-0152
FROM: Thomas B. Mathews, Director, Planning and Development Services Department
SUBJECT: Planning Application PA99-0152 for Site Development Permit to modify previously
approved Site Development Permit PA 990042,
APPLICANT: Taylor Woodrow Homes, Inc.
I. NATURE OF PROJECT:
A Site Development Permit (SDP) is requested for Development Areas 3A-2a, -2b and -2c, located
within Newport Coast Residential Planning Area 3A-2. These Development Areas were previously
designed and approved for 33 merchant build homes with three product types ranging in size from
4,900 to 5,300 square feet. The current proposal is intended to modify Site Development Permit PA
990042, administratively approved on June 28, 1999 to allow for the following modifications for
Development Areas 3A-2a, -2b and -2c:
• Permit construction of 11 detached residential pool cabana/garage or guest houses;
Three variations to the design of the detached structure are provided. Within the same footprint
of approximately 780 square feet, future homeowners can select a pool cabana, with a bathroom
and bar, a two -car garage with work alcove or a guest house option, with bedroom, a living area,
bathroom and a walk in closet. In all instances, the maximum building height will not exceed
15 feet.
The design of the pool cabana/garage/guest houses is consistent with Orange County Zoning Code
Section 7-9-146.5 in that, these units have been located so as not to encroach into any setback area
required of the principal use. The design is also consistent with Zoning Code Section 7-9-137.1
for those lots where a detached garage option is constructed, in that the garage (side) entry is a
minimum of 20-feet from the sidewalk.
In all instances where the optional pool cabana/garage/guest house are constructed, a Deed
Restriction will be recorded, stating that "The proposed use will be use exclusively for the
members of the family occupying the main dwelling and their non-paying guests and will not at
any time be used as a separate dwelling unit" in conformance with County standards.
The design of the pool cabana/garage/guest house is consistent with all of the LCP — Second
Amendment Site Development Standards for Medium -Density Residential Planning Areas and the
Definitions contained in LCP, Chapter 12.
PA99-0152 Taylor Woodrow
Page 2 10
• Allow for design modifications to the architectural products; and
The proposed architecture provides both one- and two-story homes in three floor plans that
range in size from approximately 4,900 square feet to, 5,300 square feet. Plan 1 is a 5-bedroom
plan with two -car garage and tandem garage storage area. Plan 2 has up to 5-bedrooms with a
two -car garage and tandem garage storage area. Plan 3 includes up to 6 bedrooms with a two -
car garage and tandem garage storage area. Building heights for the main dwelling range from
24 to 26 feet. The proposed architecture is influenced by Santa Barbara Spanish inspired
designs which reflect the Mediterranean style of architecture approved for The Newport Coast.
• Allow for modifications to the sales/model home complex.
The refined sales/model home complex is situated on a cul-de-sac taking access from Scenic Bluff
Drive in Development Area 3A-2a. The refined design of the model complex includes three
residential units (one unit includes the optional detached guest house), a temporary -asphalt parking
area with 12 parking spaces, including one handicap accessible space and a landscaped courtyard
area. A sales office will be located in the garage of the unit adjacent to the parking lot. A chain -
link construction fence may span the street to screen the models from adjacent construction. The
model complex includes a 42-inch high tubular steel trap fence between the sidewalk and the
street, as well as flags, temporary signs, and walkways.
The project is part of Residential Planning Area (PA) 3A-2 (Residential) in the Newport Coast
Planned Community/LCP, The project site is located inland (north) of Pacific Coast Highway, east of
PA 10 (Golf Course), east of PA 3A-1 (Residential) and south of PA 12B (Open Space).
H. REFERENCE: (Authority for Administrative action is given by what ordinance, regulation, etc.)
Orange County Zoning Code sections and 7-9-150 'Discretionary Permits and Procedures", Newport
Coast Planned Community/LCP development regulations and Newport Coast Master Coastal
Development Permit as amended.
III. ENVIRONMENTAL DOCUMENTATION:
The proposed project is covered by Final EIR 568, previously certified on 5-5-98. Prior to project
approval, this EIR was found adequate to satisfy the requirements of CEQA the Director. Appendix A
contains the required CEQA Finding.
IV. CERTIFICATION:
I hereby certify that the subject proposal has been Conditionally Approved.
PA99-0152 Taylor Woodrow.
Page 3
E
WVM
FOLDER: Newport Coast
APPEAL PROCEDURE
Thomas B. Mathews, Director
Planning and Development Services Department
Planning Section
Any interested person may appeal the decision of the Director on this permit to the Orange County Planning
Commission within 15 calendar days of the decision upon submittal' of required documents and a filing fee
of $760.00 filed at the Development Processing Center, 300 N. Flower St., Santa Ana.
ATTACHMENTS:
V. FINDINGS:
The Findings approved by the Planning Commission by Resolution No. 98-07 dated July 7, 1998 for
PA98-0049 are re -adopted as Findings for this proposal and are attached to this report as Attachment
A.
VI. CONDITIONS:
In addition to the three conditions of approval as follows, the Conditions of Approval approved by the
Planning Commission by Resolution No. 98-07 dated July 7, 1998 for PA98-0049 are re -adopted as
Conditions for this proposal and are attached to this report as Attachment B:
Prior to the issuance of a building permit, the developer-builder/owner shall provide the Manager,
Current Planning Services Division for review and approval, a "Notice and Statement of
Acknowledgement" that the "swing -in" storage area or tandem storage area interior to the two -car
garage or the extra storage space located in a manner depicting a third car garage, does not meet
the County definition for a garage space with respect to interior dimensions and provided
maneuvering area. Said notice and statement shall be provided to each prospective purchaser
prior to the sale of any unit.
2. Prior to the issuance of any building permits, the applicant shall submit a Tract Phasing Plan to
the Manager, PFRD, Construction, Special Projects for approval. The Phasing Plan shall include
the Dwelling Unit construction phasing for Tentative Tract 15818.
PA99-0152 Taylor Woodrow
Page 4
3. MODEL HOME COMPLEX
A. The use approved by this action shall expire three (3) years from the issuance of the
temporary certificate of use and occupancy of the sales office in the model. Applicant may
apply for one (1) one-year extension for this permit.
B. The sales/information trailer; including signs, flags and parking lot, shall be removed and
the site restored within 60 days after the sales office in the model home has been
established.
C. A maximum of fifteen (15) on -site pennants are permitted in connection with the model
home sales use.
D. No sign shall be posted or placed on public or private property advertising or directing
people to the development which is the subject of this permit, unless such sign is allowed
by all applicable permits and is expressly permitted by written consent of the property
owner. It is expressly understood and accepted by the applicant that this condition is
applicable to any sign advertising or directing people to the development, regardless of
whether the applicant directly posted or placed the sign in question.
E. The model home sales office shall be used solely for the first sale of dwelling units
approved for TT15818.
F. Two (one each side) Type "N" reflectors shall be installed on all fences located in street
right-of-way.
G. Within ninety (90) days after the termination of the use of the subject property as a model
home complex and real estate sales office, the applicant shall remove, relocate or revise the
parking lot, signs, all temporary fencing, the sales office and the model homes as necessary
to comply with the current applicable zoning regulations.
PA99-0152 Taylor Woodrow • .
Page 5
ATTACHMENT A-1 --FINDINGS
PLANNING COMMISSION RESOLUTION NO.98-07
PLANNING APPLICATION 980049 FOR
NEWPORT COAST PLANNING AREAS 3A-2 and 3B CDP
That the Planning Commission makes the following Findings with respect to Planning Application
980049 for a Coastal Development Permit:
1. County Requirements are being met as follows:
a. General Plan. The use or project proposed is consistent with the General Plan.
b. Zoning Code. The use, activity or improvement proposed by the application is consistent
with the provisions of the Orange County Zoning Code.
c. CEQA. The approval of the permit application is in compliance with the requirements of
the California Environmental Quality Act as demonstrated in Resolution No. 98-04.
d. Compatibility. The location, size, design and operating characteristics of the proposed use
will not create significant noise, traffic or other conditions or situations that may be
objectionable, detrimental or incompatible with other permitted uses in the vicinity.
e. General Welfare. The application will not result in conditions or circumstances contrary to
the public health and safety and the general welfare.
f. Development Fees for Provision of Public Facilities. The requirements of Orange
County Code Section 7-9-711 have been met.
g. Mitigation Measure Monitoring. The monitoring requirements of Public Resources Code
Section 21081.6 have been met in that a Mitigation Measure Monitoring and Reporting
Plan, has been prepared.
h. Local Coastal Program. The project proposed by the application conforms with the
certified Second Amendment to the Newport Coast Local Coastal Program in a manner as
approved by the Orange County Planning Commission in Resolution No. 96-04 dated May
21, 1996 and by the Orange County Board of Supervisors in Resolution No. 96-861 dated
December 3, 1996 and in Ordinance No. 96-3974 dated December 3, 1996.
i. Master Coastal Development Permit. The original Master Coastal Development Permit
(MCDP) for Newport Coast (MCDP 88-11P) and Vesting Tentative Tract Map 13337
established master utilities and backbone infrastructure, allowing large-scale land
subdivision for the overall Newport Coast community.
PA99-0152 Taylor Woodrow
Page 6
E
The Master Coastal Development Permit — Sixth Amendment (PA 970133) and Vesting Tentative Tract
Map No. 15444 and No. 15446 established the boundary lines between Planning Areas (PA) 3A-2 and 3B,
3A-2 and 12B, 313 and 12B, 313 and 14, updated the Planned Community Development Map and Planned
Community Statistical Table contained within the Newport Coast Master Coastal Development and modified
the alignment of Crystal Cove Drive.
j. Newport Coast Development Agreement. The project proposed by the application
conforms with the Newport Coast Development Agreement (DA 87-16) approved by the
Board of Supervisors on April 20, 1988 (Resolution No. 96-537) and the Development
Agreement First Amendment (DA 96-03), approved on December 3, 1996 (Resolution
No. 96-861), and as demonstrated in the following findings.
2. Based on the information and analysis contained in Final EIR No. 568, the project will have no
new significant adverse impacts to environmental effects beyond those identified, mitigated, or for
which overriding considerations were adopted in connection with Final EIR No. 568 or the
previous environmental documentation prepared for the Newport Coast LCP — Second
Amendment, the Newport Coast Master Coastal Development Permit, and the Irvine (Newport)
Coast Development Agreement. The Findings approving the LCP — Second Amendment and
contained in Board of Supervisors' Resolution No. 87-1327 and the Findings certifying EIRs 485
486, 511 and 528 contained in Resolution Nos. 88-24, 88-45, 89-38, 92-07 are incorporated herein
by reference, as though fully set forth.
3. All development projects within the Newport Coast Planned Community are subject to approval of
a Coastal Development Permit in compliance with Chapter 10 of the Newport Coast LCP and the
County's "Coastal Development" District Regulations, Orange County Zoning Code Section 7-9-
118.
4. This Coastal Development Permit is for the development proposal in The Newport Coast Planned
Community Medium Density Residential Planning Areas 3A-2 and 3B, Development Areas 3A-
2a, -2b, -2c, -2d, 3B-la, -lb, -1c, -le, 3B-2a, -2b, and -2c.
5. Development within Newport Coast Planning Areas 3A-2 and 3B, related to residential
development will modify category "D" ESHAs. No other category of ESHA will be affected, and
the development within Planning Areas 3A-2 and 313 complies with LCP ESHA policies in that
development is permitted to modify or eliminate vegetation and drainage courses in category "D"
ESHAs, which have little or no riparian habitat value; and all development impacts will be
mitigated by the Open Space Dedication and Riparian Habitat Creation Programs (LCP I-2-A-2a
[page I-2.4]).
6. Aesthetics and the protection of sensitive visual resources within the Newport Coast are addressed
in the LCP. The LCP, Exhibit C, identified the following four visually significant resources
visible from PCH: Los Trancos Canyon, Lower Wishbone, Moro Hill, and the Pacific Ocean. The
Lower Wishbone area is included in the site. According to the LCP, the ocean is the dominant
visual resource in all cases and will not be affected by the project. In addition, the Open Space
Dedication Program of the LCP protects views of other areas defined as "Visually Significant
Lands".
PA99-0152 Taylor Woodrow
Page 7
7. Development within Planning Areas 3A-2 and 3B complies with LCP Appendix Item 6, "Visual
Analysis; The Newport Coast Proposed Land Use Element" in that residential development has
been pulled back from Reef Point Drive and Crystal Cove Drive, and clustered on the ridgetops.
8. Development within Planning Areas 3A-2 and 3B is consistent with LCP Special Use Open Space
policies in that an offer of dedication for Los Trancos Canyon Planning Area 12A has been made
to the County of Orange in a form approved by the Manager, Public Facilities and Resources
Department / Harbors, Beaches and Parks — Program Management (LCP I-3-A-2b [page 1-3.5]).
9. Planning Areas 3A-2 and 3B are proposed for development as custom estate single-family
detached housing projects, with a total of 325 dwelling units on approximately 202.2 acres with an
overall density of 1.6 dwelling units per acre. Planning Areas 3A-2 and 3B have been subdivided
into the following 11 Development Areas:
a. Development Area 3A-2a is proposed with a total of 9 dwelling units on approximately
13.1 acres with an overall density of 0.7 dwelling units per acre.
b. Development Area 3A-2b is proposed with a total of 18 dwelling units on approximately
15.2 acres with an overall density of 1.2 dwelling units per acre.
C. Development Area 3A-2c is proposed with a total of 6 dwelling units on approximately
7.2 acres with an overall density of 0.8 dwelling units per acre.
d. Development Area 3A-2d is proposed with a total of 47 dwelling units on approximately
22.8 acres with an overall density of 2.1 dwelling units per acre.
e. Development Area 3B-la is proposed with.a total of 41 dwelling units on approximately
24.2 acres with an overall density of 1.7 dwelling units per acre.
f. Development Area 3B-lb is proposed with a total of 64 dwelling units on approximately
32.7 acres with an overall density of 2.0 dwelling units per acre.
g. Development Area 3B-lc is proposed with a total of 78 dwelling units on approximately
21.7 acres with an overall density of 3.6 dwelling units per acre.
h. Development Area 3B-le is proposed with a total of 4 dwelling units on approximately
7.2 acres with an overall density of 0.6 dwelling units per acre.
i. Development Area 3B-2a is proposed with a total of 21 dwelling units on approximately
26.8 acres with an overall density of 0.8 dwelling units per acre.
Development Area 3B-2b is proposed with a total of 16 dwelling units on approximately
11.7 acres with an overall density of 1.4 dwelling units per acre.
k. Development Area 3B-2c is proposed with a total of 21 dwelling units on approximately
19.6 acres with an overall density of 1.1 dwelling units per acre.
PA99-0152 Taylor Woodrow •
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•
10. In terms of adopted procedure, this CDP sets forth certain elements of planning approval and is
processed as a large-scale plan that implements the Newport Coast LCP Chapter II-10,
Discretionary Permits and Procedures; Section II-10-A-2 and -3, Coastal Development Permits
and Applications.
11. The portion of the CDP encompassing the proposed residential project within Planning Areas 3A-
2 and 3B is consistent with the applicable LCP Site Development Standard provisions (LCP II-4-
C-6) based on the following:
a. Under the LCP, the DA 3A-2 and DA 3B site is designated for Medium Density
Residential development, which permits a maximum density of 6.5 dwelling units per
gross acre.
b. No building site area will be less than 2,500 square feet for detached/attached single-
family, or non-residential development.
C. Regardless of the slope of the land, the gross land area per dwelling unit is above the
1,000 square feet minimum.
d. Building height will be consistent with the maximum 35 feet standard as defined in LCP
Chapter II-14 (page H-4.17).
e. Two or more car garages will be provided for all units.
f. Street lights will be designed and located so that rays are aimed at the site.
g. Areas of disturbed soil will be hydro -seeded to control erosion.
h. Manufactured slopes along development edges will incorporate contour -grading
techniques.
i. The principle project collector roads will maintain between 36 and 40 feet of paving
with a 4-foot sidewalk backing a 6.5-foot or 8-foot parkway on both sides of the street.
Single -loaded cul-de-sacs serving the residential neighborhoods will maintain 28 feet of
pavement with 4-foot sidewalks backing a 6.5-foot parkway on the loaded side of the
street only. Lighting along the streets will be limited to intersections and cul-de-sacs.
12. The proposed residential housing project is consistent with the LCP Archeological policies in that:
a. The MCDP 89-26P conditions of approval require that a County -certified archeologist
complete a literature and records search and a field survey. The search and survey for PAs
3A-2 and PA 3B has been completed.
b. The MCDP 89-26P conditions of approval require that a County -certified archeologist
conduct subsurface tests prior to grading and determine site disposition. Subsurface
PA99-0152 Taylor Woodrow •
Page 9
is
excavations have been complete and analyzed, and reports are being prepared. Resource
surveillance will be provided during grading operations.
13. The proposed residential housing project's improvements are consistent with the LCP
Paleontological policies in that:
a. The MCDP 89-26P conditions of approval require that a County -certified paleontologist
complete a literature and records search and a field survey. This search and survey had
been completed. No paleontological resources were identified.
b. The MCDP 89-26P conditions of approval required that a County -certified paleontologist
conduct pregrading salvage and resource surveillance if necessary. Since no resources
were identified, no pregrading activities are required. During grading, resource
surveillance will be conducted.
14. Consistent with LCP Runoff Policies, peak flood discharge rates in major watersheds will not
exceed pre -development levels. Post -development runoff is either reduced or diverted by
redirecting storm runoff from six existing culverts to the Muddy Canyon culvert inlet. Although
the runoff rates will be greater at the Muddy Canyon culvert, the increased flow rate of eight
percent (8 %) is within the ten percent (10 %) increase as allowed by the LCP.
15. The MDRMP was approved by the County in connection with approval of the Master CDP 88-
11P. The MDRMP addresses, in a comprehensive manner, the policies contained in Sections I-
3-E,-I,-J,-K and -L of the LCP. It provides data on existing water quality and quantity, and an
assessment of project impacts on water resources, existing and proposed riparian habitats, and
off -shore marine life. Mitigation measures, long-term maintenance, and a monitoring program
are described. This report demonstrates compliance with the applicable LCP policies, and its
findings demonstrating such compliance are incorporated herein by reference. Specifically:
a. The areas to be developed are used for grazing and have a high erosion rate. After
development, erosion rates will be significantly lower than existing rates and will
approximate natural conditions. (LCP I-3-I-1 [page I-3, 30])
b. Plans for sedimentation and erosion control will respond to requirements for reseeding
and planting disturbed soil. (LCP I-3-I-2 [page I-3.29])
C. Erosion control devices will be installed. Additional preventive erosion control measures
described in the Orange County Grading Manual and the City of Newport's
Sedimentation and Erosion Control Manual will be integrated into each Development
Area site plan, as appropriate. (LCP I-3-I-3,-4, and -5 [page I-3.30])
d. The MDRMP recommends that detention basins be converted to desalting basins during
construction. During the design stage and prior to the initial grading operations,
configurations and structural details of these desilting basins will be prepared as part of
the submitted design. The erosion control design plans for each development cluster will
PA99-0152 Taylor Woodrow •
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•
identify additional desilting basins in accordance with the Orange County Grading
Manual. (LCP I-3-J-1 [page I-3.30])
e. Vegetative cover and temporary mechanical means of controlling sedimentation will be
established and conducted as described in the MDRMP and in accordance with Orange
County's Grading Manual. (LCP I-3-J-2 and-3 [pages I-3.30 and I-3.31])
f. In order to maintain channel stability, Rivertech has identified a number of locations
where detention basins may be constructed. Chapter VII of the MDRMP includes a
detailed study of the mechanics of Buck Gully downstream from Newport Coast Drive.
That chapter identifies and describes size and configuration of the facilities required to
maintain the stability of the downstream reach of Buck Gully. The sediment yield to the
beach is expected to be less than existing and will approximate natural conditions. (LCP
I-3-J-5 [page I-3.31])
g. Except during the construction, Rivertech foresees no long term need for sediment catch
basins. (LCP I-3-J-5 [page I-3.31])
I Portions of Planning Areas 3A-2 and 3B drain into Muddy Canyon or Los Trancos
Canyon. Most drainage goes into Muddy Canyon where all the detention basins
described in PA 980049 were sized to take 3A-2 and 3B drainage flows. The drainage
that flows from the northern portion of PAs 3A-2 and 3B will be discharged through
streets and energy dissipaters into Los Trancos Canyon or under PCH through existing
facilities to the beach in Crystal Cove State Park.
i. Drainage facilities will be designed and submitted with the project grading plans. (LCP
I-3-K-2 and -3 [page I-3.32])
j. Impact type energy dissipaters with riprap installed in Crystal Cove State Park as part of
PCH improvements reduce the flow velocity and shear stress to non -eroding values at the
outlet of storm drains. (LCP I-3-K-5 [page i-3.32])
k. Based on analysis performed by The Keith Companies, all structures draining into the
study area across PCH have adequate capacity to convey the design discharges. Runoff
from the proposed development will be released to the natural water courses. The exact
terminus location of each storm drain will be determined during the design stage, based
on geotechnical, hydraulics, and stream mechanics analyses. (LCP I-3-K-6 [page I-
3.32])
1. Soils and engineering studies have been submitted to the County. (LCP 1-3-L-1 [page I-
3.321
in. The MDRMP addresses grading from October 15 through April 15, and identifies those
measures necessary for adequate erosion control. (LCP I-3-L-2 [page I-3.33])
PA99-0152 Taylor Woodrow •
Page 11
n. Project plans call for appropriate permanent and temporary stabilization techniques as
identified in the soil and geotechnical reports for PAs 3A-2 and 3B. (LCP I-3-L-3,-5,
and -6 [pages I-3.33 and I-3.34])
o. Stockpile locations for topsoil will be identified in the final landscape plans.
p. The grading for the PAs 3A-2 and 3B CDP will be terraced to conform to the general
topography. Terraces will have variable heights to avoid uniformity. Through the use of
a meandering interior roadway, a stair -stepped appearance will be avoided. Perimeter
edges will be treated with daylight cuts and fills following the existing topography where
possible. Slopes will be varied from 2:1 and flatter, and contoured into the existing
topography. Slopes will be terraced along the project interface with roads, integrating
the slopes created by roadway construction with grading for future residential projects.
Thus, the graded slopes will appear natural, blending into the existing environment and
mitigating the potential visual effects of grading. (LCP I-3-L-8 [page I-3.34])
16. The design -specific runoff management strategy for the proposed project reduces peak storm
runoff via two permanent and two temporary detention basins, as well as drainage diversions to
protect coastal terraces in Crystal Cove State Park. Peak 100 year storm flows from the culverts
under Pacific Coast Highway will be significantly reduced to rates below pre -development peak
rates due to these diversions, with the exception of the Muddy Canyon culvert. Portions of the
100 year peak runoff from the central project area, and all of the runoff from the eastern project
area, will be directed to Muddy Canyon just upstream of the PCH culvert via an underground
pipeline and the two temporary detention basins along PCH. Although the tributary drainage areas
and runoff rates are greater at the Muddy Canyon culvert due to the redirection of flows in the
post -development condition, the increased rate is within ten percent above the pre -development
discharge of the 100 year storm event, as allowed by the LCP.
17. The proposed project complies with the LCP Circulation policies (LCP I-4-E [pages I-4.19
through I-4.34].
a. Roads are designed to meet County safety standards;
b. Roads will be landscaped;
C. All internal roadways are curvilinear and all slopes contoured into the existing
topography;
d. Residential areas are served by private streets an/or driveways;
e. All modifications to existing roadway standards have been carefully considered and
justified by safety and circulation conditions.
f. Roadway grading has been blended into existing topography by contour grading, where
feasible. Retaining walls and other structures have been used to minimize grading impacts.
PA99-0152 Taylor Woodrow
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10
g. Traffic Management Program measures have been incorporated into the project where
appropriate.
h. Road design and sections for entry roads, collector roads, residential streets, and private
driveways have been designed to be consistent with LCP Exhibit P, Residential Entry
Road & Residential Streets - Typical Sections.
i. All roadway improvements established in LCP Exhibit Q, Newport Coast Arterial
Roadway Phasing Summary, will be installed on or before the triggering mechanisms
called for in Exhibit Q.
18. The proposed project complies with the LCP Public Works/Infrastructure policies in that it
includes necessary sewer improvements and drainage improvements. All public
works/infrastructure is provided in the major public roadways approved under Master CDP 89-
26P and the Pelican Hill Road CDP (for Newport Coast Drive ), and the roadways proposed in
this project. (LCP I-4-F-1 through -7 [pages I-4.19 through I-4.34]). The proposed
infrastructure improvements in Newport Coast Planning Areas 3A-2 and 3B are consistent with
the applicable LCP standard provisions (LCP II-4c [page 11-4.19-23]) based on the following:
a. Areas of disturbed soil will be hydro -seeded to control erosion.
b. Manufactured slopes along development edges will incorporate contour -grading
techniques.
C. The principle local streets will maintain 36 feet of paving with 48-inch sidewalks on one
side of the street.
19. The LCP Development/Open Space Edge policies apply to the Fuel Modification Zone along the
northeastern limits of PA 3A-2, including DAs 3A-2a and 3A-2b, and the southeastern limits of
PA 3B, including DAs 313-2a and 3B-2c, in that:
a. The use of trees will help screen the edge of development from off -site views.
b. The fuel modification program utilized, as approved in the Master CDP Sixth
Amendment (PA 970133), will consist of the following zones: Zone A provides a 20-foot
minimum setback as defensible space immediately adjacent to private yards and
residences. The down slope in this zone is planted and irrigated. Zone B is a minimum of
50 feet of permanently irrigated landscaping to be maintained by the homeowners
association. Zone B may include medium height, open tree groups near common property
lines. Drought -tolerant and fire-resistant plant materials are required. Zone C is a 50-foot-
wide minimum thinning zone (with plants thinned to 50 percent of existing density) that
will be maintained by the master community association. Natural vegetation is thinned to
reduce the fuel load, and all dead and dying vegetation, debris and trimmings shall be
removed from the site. Zone D is a 50-foot-wide minimum thinning zone to 30 percent,
immediately adjacent to native open space.
The depth of fuel modification will meander depending upon topography. Conceptual Fuel Modification
Plans for the project site have been approved by the County Fire Authority. Emergency access points to the
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fuel modification edges have been identified and annual maintenance will be a responsibility of the
Homeowners Association. (LCP I-3-M-4 through -10 [pages I-3.36 through I-3.40])
20. Pursuant to Section 711.4 of the California Fish and Game Code, there is no evidence that this
project will have any potential for adverse effects on wildlife resources.
21. The proposed project maintains the ability to promote an effective subregional Natural
Communities Conservation Planning (NCCP) Program and will not have a significant unmitigated
impact upon Coastal Sage Scrub habitat.
22. Residential uses approved as part of the LCP were found consistent with the requirement of
Coastal Act Section 30250 in that development within the Newport Coast has been clustered near
existing residential areas and existing employment centers. Clustering of residential units
preserves open space, reduces grading impacts, and enhances the compatibility of private
development with public open space. By clustering residential uses on the ridges away from
sensitive habitat areas in the canyon bottoms, the LCP complies with Coastal Act Section 30240.
Approval of this CDP carries out these policies.
23. In accordance with Section 30007.5 of the Coastal Act, the LCP Open Space Dedication Program
protects certain specified coastal resources and offsets adverse environmental impacts in
residential development and recreation areas which are otherwise not mitigated. Permanent
protection and preservation of major canyon watersheds, visually significant ridgelines, stream
courses, archeological and paleontological sites, riparian vegetation, coastal chaparral and wildlife
habitat is provided by dedication to a public agency. Large-scale master planning and dedication
programming for The Newport Coast enables the permanent protection of large, contiguous open
space areas rather than the protection of smaller, discontinuous habitat areas that might result from
a project -by -project site mitigation approach. A much greater degree of habitat and open space
protection can be achieved by dedication programs that assemble large blocks of habitat area
contiguous to Crystal Cove State Park than would be possible with project -by -project mitigation
measures. The Newport Coast Dedication Program will result in approximately 7,234 acres
devoted to open space and recreation use which includes 2,807 acres in Crystal Cove State Park,
2,666 acres in Wilderness Open Space, 1,161 acres in Special Use Open Space Dedications, and
over 600 acres in the Golf Course and other non -dedicated recreation areas.
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ATTACHMENT A-2 -- CONDITIONS OF APPROVAL
PLANNING COMMISSION RESOLUTION NO.98-07
PLANNING APPLICATION 980049 FOR
NEWPORT COAST DEVELOPMENT AREAS 3A-2 AND 3B CDP
LP NA NA
BASIC
This approval constitutes approval of the proposed project only to the extent that the project
complies with the Orange County Zoning Code and any other applicable zoning regulations.
Approval does not include any action or finding as to compliance of approval of the project
regarding any other applicable ordinance, regulation or requirement.
2. LP NA NA BASIC
This approval is valid for a period of 36 months from the date of final determination. If the use
approved by this action is not established within such period of time, this approval shall be
terminated and shall thereafter be null and void.
3. LP NA NA BASIC
Except as otherwise provided herein, this permit is approved as a precise plan. After any application
has been approved, if changes are proposed regarding the location or alteration of any use or
structure, a changed plan may be submitted to the Director of Planning for approval. If the Director
of Planning determines that the proposed change complies with the provisions and the spirit and
intent of the approval action, and that the action would have been the same for the changed plan as
for the approved plot plan, he may approve the changed plan without requiring a new public hearing.
4. LP NA NA BASIC
Failure to abide by and faithfully comply with any and all conditions attached to this approving
action shall constitute grounds for the revocation of said action by the Orange County Board of
Supervisors.
5. LP NA NA BASIC
Applicant shall defend at his/her sole expense any action brought against the County because of
issuance of this permit or, in the alternative, the relinquishment of such permit. Applicant will
reimburse the County for any court costs and attorney's fees which the County may be required by a
court to pay as a result of such action. County may, at its sole discretion, participate in the defense
of any such action, but such participation shall not relieve applicant of his obligations under this
condition.
6. CP NA NA BASIC/OBLIGATIONS
Pursuant to Government Code Section 66020, the applicant is informed that the 90-day period in
which the applicant may protest the fees, dedications, reservations or other exactions imposed on
this project through the conditions of approval has begun.
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7. LP LP NA SPECIAL
All drainage and grading shall be consistent with the provisions of the Newport Coast Planned
Community/Local Coastal Program — Second Amendment and the Master Coastal Development
Permit.
8. EP EP U NCCP BOUNDARY
Prior to the issuance of certificates of use and occupancy, the subdivider shall provide precise digital
linework adjusting the Center Coastal Sub -regional NCCP/HCP Reserve boundary to ensure no net
loss of the adopted reserve acreage total in a manner meeting he approval of the
Administrator/Planning and Zoning.
BUYER NOTIFICATION
9. SG SG B GROWTH MANAGEMENT
Building permit issuance shall be phased in accordance with any Board of Supervisors -approved
growth management phasing plan pertaining to the timely provision of public services and facilities.
A valid Board of Supervisors -approved development agreement pertaining to the property which
includes a development phasing plan shall satisfy the requirements of this condition. This condition
shall be noted on the final map.
10. AP APB BUYER NOTIF MAP
Prior to the issuance of any building permits for residential construction, the developer shall comply
with Board of Supervisors Resolution 82-1368 (Buyer Notification Program) which requires the
developer to prepare a map denoting the existing and proposed land uses, arterial highways, and
public facilities within the surrounding area for the approval of the Director of Planning. The map
content, display, and distribution shall be in accordance with the Buyer Notification Program
guidelines approved by the Board of Supervisors and available at the Development Processing
Center.
11. EP EP B HOMEOWNERNOTIF
First time homebuyers shall be clearly advised in writing with a statement by the developer, or
agents or assigns, of the implications of living adjacent to natural open space areas, prior to any sales
transaction. This statement shall be approved by the Manager, Environmental and Project Planning
Services prior to the issuance of building permits. It shall include items such as: a warning about the
dangers and nuisances posed by wildlife that may forage in the development edge; the
responsibilities and benefits that are associated with living near such an area; and fire related
management and the potential need to conduct controlled burns. This statement shall be written to
foster an appreciation of wildlife and to identify measures that shall be taken to minimize conflicts
between wildlife, domestic animals, and humans, such as restricting free roaming domestic cats.
Restrictions and minimization measures shall also be included in the Covenant, Codes and
Restrictions on the properties.
SPECIAL TAX NOTIFICATION
12. TE BI U SPEC TAX NOTIF
Prior to the issuance of any certificates of use and occupancy, the developer shall provide evidence
to the Manager, Building Inspection, that the Department of Real Estate has been notified that the
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project area is within the boundaries of a Community Facilities District (CFD), and will be subject to
special taxes for public facilities and/or services.
13. DS DS R ASSESSMENT DISTRICT FINANCING
Prior to the recordation of a final tract/parcel map, the subdivider shall prepare any required
improvement plans and shall identify on the plans the limits of all the facilities which the subdivider
intends to fund through a Mello -Roos Community Facilities District (CFD) or Assessment District
(AD) bond program. In addition, the improvement plans shall identify the specific CFD or AD
under which the improvements will be funded, in a manner meeting the approval of the Manager,
Subdivision and Grading.
DRAINAGE
14. SD SD RG DRAINAGE STUDY
Prior to the recordation of the final tract map or prior to the issuance of any grading permits,
whichever comes first, the following drainage studies shall be submitted to and approved by the
Manager, Subdivision and Grading:
A. A drainage study of the subdivision including diversions, off -site areas that drain onto
and/or through the subdivision, and justification of any diversions; and
B. When applicable, a drainage study evidencing that proposed drainage patterns will not
overload existing storm drains; and
C. Detailed drainage studies indicating how the tract map grading, in conjunction with the
drainage conveyance systems including applicable swales, channels, street flows, catch
basins, storm drains, and flood water retarding, will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and including
the theoretical 100-year flood.
D. Prior to issuance of building permits, the developer/applicant shall demonstrate that storm
drains, as illustrated in the refined MDRMP, Exhibit V, have been installed to convey
runoff to well defined channels. The design of pipes and supporting geotechnical
information for proper release point design has been addressed in the required refined
MDRMP in compliance with LCP policies I-3-K-5, I-3-K-1, I-3-K-4, I-3-K-6, I-4-13-5, I-4-
F-7.
E. Prior to issuance of building permits, the developer/ applicant shall demonstrate that piping
has been constructed to convey water exiting the detention basins to energy dissipaters and
riprap lining (rock) located at the outlets of the piping. These structures shall be
constructed in order to reduce the velocity of flow and prevent excessive downstream
erosion.
15. SD SD R DRAINAGE IMPROV
Prior to the recordation of a final tract map or prior to the issuance of any grading permits,
whichever comes first, the applicant shall in a manner meeting the approval of the Manager,
Subdivision and Grading:
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A. Design provisions for surface drainage; and
B. Design all necessary storm drain facilities extending to a satisfactory point of disposal for
the proper control and disposal of storm runoff; and
C. Dedicate the associated easements to the County of Orange, if determined necessary
16. SD SD RU DRAINAGE IMPROVE
Prior to the recordation of a final tract map, or prior to the issuance of any certificates of use and
occupancy, whichever occurs first, said improvements shall be constructed in a manner meeting the
approval of the Manager, Construction Division.
17. SG SG G NPDES PERMIT
Prior to the issuance of any grading permits, the applicant shall submit evidence to the Manager,
Subdivision and Grading, that the applicant has obtained coverage under the NPDES statewide
General Stormwater Permit form the State Water Resources Control Board.
18. SD SD RG DRAINAGE OFFSIT
Prior to the recordation of a final tract map or prior to the issuance of any grading permit, whichever
comes first, and if determined necessary by the Manager, Subdivision and Grading, a letter of
consent, in a form approved by the Manager, Subdivision and Grading, suitable for recording, shall
be obtained from the upstream and/or downstream property owners permitting drainage diversions
and/or unnatural concentrations.
19. SD SD R MPD PARTICIPTN
Prior to the recordation of a final tract map, the subdivider shall participate in the applicable Master
Plan of Drainage in a manner meeting the approval of the Manager, Subdivision, and Grading,
including payment of fees and the construction of the necessary facilities.
20. SD SD R EASMT SUBORD
Prior to the recordation of a final tract map, the subdivider shall not grant any easements (except
utilities) over any property subject to a requirement of dedication or irrevocable offer to the County
of Orange or the Orange County Flood Control District, unless such easements are expressly made
subordinate to the easements to be offered for dedication to the County. Prior to the granting any of
said easement, the subdivider shall furnish a copy of the proposed easement to the Manager,
Subdivision and Grading, for review and approval.
21. SG SG RG CROSS -LOT DRAINAGE
Prior to the recordation of a subdivision map or prior to the issuance of any grading permit,
whichever comes first, and if determined necessary by the Manager, Subdivision and Grading, a
letter of consent, in a form approved by the Manager, Subdivision and Grading, suitable for
recording, shall be obtained from the affected property owners for off -site grading and/or drainage.
The owner/applicant shall record said letters of consent for off -site drainage and/or cross -lot
drainage prior to recordation of the subdivision map or prior to the issuance of any grading permit,
whichever comes first. Acceptance of cross -lot drainage on lots within the tract/parcel map
boundaries shall be noted on the recorded map.
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ENVIRONMENTAL HEALTH
22. EH EH R SEWER LINES
Prior to the recordation of the final tract map, sewer lines, connections andstructures shall be of the
type installed in the location as specified in the "Guidelines Requiring Separation Between Water
Mains and Sanitary Sewers, Orange County Health Department 1980," in a manner meeting the
approval of the Manager, Environmental Health.
23. EH EH G VECTOR CONTROL
Prior to the issuance of the first grading permit, the Manager, Environmental Health, shall be
requested to initiate the survey process of the tract site to determine if vector control measures are
necessary. If warranted, such measures shall be conducted by the developer is a manner meeting the
approval of the Manager, Environmental Health.
24. SG SG B ARCHITECTURAL COATINGS
Prior to issuance of building permits, during plan check, the Construction Manager shall utilize as
much as possible precoated/natural colored building materials, water -based or low-VOC coating,
and coating transfer or spray equipment with high transfer efficiency, such as high volume low
pressure (HVLP) spray method, or manual coatings application such as paint brush, hand roller,
trowel, spatula, dauber, rag or sponge. This measure will be included in the construction plans and
will be verified by the Manager, Building Permits
ENVIRONMENTAL PLANNING
25. EP EP NA NOTICE OF DETERMINATION
Pursuant to Section 711.4 of the Fish and Game Code, the applicant shall comply with the
requirements of AB 3158, prior to the filing of the Notice of Determination for the project, in a
manner meeting the approval of the Manager, Environmental and Project Planning.
ENVIRONMENTAL RESOURCES
26. SG SG B WATER CONSERVATION
Prior to issuance of building permits, the project design will incorporate low -flow plumbing fixtures
and reclaimed water for landscaping to minimize consumption of domestic water. The water
conservation features will be verified by the Manager, Subdivision and Grading Services.
27. SG SG B ENERGY EFFICIENT APPLIANCES
Prior to approval of building permits, pursuant to Title 24, California Code of Regulations (CCRs),
the project design will incorporate the use of energy efficient appliances wherever feasible to
minimize the ongoing use of electrical and natural gas resources. The project design will be verified
by the Manager, Subdivision and Grading Services.
28. ER SG GB POLLUTANT RUNOFF
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Prior to the issuance of precise grading or building permits, whichever comes first, the applicant
shall submit and obtain approval from Manager, Subdivision and Grading, of a Water Quality
Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will
be used on -site to control predictable pollutant runoff. This WQMP shall identify, at a minimum,
the routine, structural and non-structural measures specified in the Countywide NPDES Drainage
Area Management Plan (DAMP)Appendix which details implementation of BMPs whenever they
are applicable to a project, the assignment long-term maintenance responsibilities (specifying the
developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(s)
of structural BMPs.
FIRE
29. F F R WATER IMP. PLANS
Prior to the recordation of the final tract map, water improvement plans shall be submitted to and
approved by the Fire Chief for adequate fire protection and financial security posted for the
installation. The adequacy and reliability of water system design, location of valves, and the
distribution of fire hydrants will be evaluated and approved by the Fire Chief.
30. F F B COST PAS PLAN
Prior to the issuance of any building permits, a construction phasing plan shall be submitted to
approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency
vehicle access for the number of dwelling units served.
31. F F R SPECIAL FIRE PROTECTION AREA NOTIF
Prior to the recordation of any final tract map, the subdivider shall place a note on the map meeting
the approval of the Fire Chief that the property is in a Special Fire Protection Area and must meet all
requirements for development within the area or file for an exclusion with the Fire Chief.
32. F F B SPECIAL FIRE PROTECTION AREA DEVELOPMENT
Prior to the issuance of any building permits, the applicant shall meet all requirements for
development and construction within a Special Fire Protection Area, including street widths, Class A
roof assemblies, fire sprinklers, etc.
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11
33. F F SR FIRE ACCESS
Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief of
all fire protection access easements and shall dedicate them to the County. The CC&Rs shall
contain provisions which prohibit obstructions within the fire protection access easement. The
approval of the Fire Chief is required for any modifications such as speed bumps, control gates or
other changes in within said easement. The gradient for Fire Department access roads shall not
exceed 10 percent. This may be increased to a maximum of 15 percent when all structures served by
the access road are protected by automatic fire sprinkler systems.
34. F F RB FIRE HYDRANTS
Prior to the recordation of subdivision map or the issuance of any building permits, whichever
occurs first, the applicant shall submit to the Fire Chief evidence of the on -site fire hydrant system
and indicate whether it is public or private. If the system is private, the system shall be reviewed
and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by
the applicant for the repair and maintenance of the system, in a manner meeting the approval of the
Fire Chief.
35. F F BU AUTO FIRE EXT
Prior to the issuance of any building permits, if determined applicable by the Fire Chief that
automatic fire extinguishing is needed for fire protection, all underground piping for automatic fire
extinguishing systems shall be approved by the Fire Chief. Plans for automatic fire extinguishing
systems shall be approved by the Fire Chief prior to installation. Notification of the Fire Chief s
approval shall be forwarded to the Manager, Building Inspection Division, prior to the issuance of
any certificates of use and occupancy. Further, such systems shall be operational prior to the
issuance of a certificate of use and occupancy.
36. F F NA FIRE ALARM
Prior to installation, plans for the fire alarm system shall be submitted to and approved by the Fire
Chief. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy.
37. F F G ACCESS GATES
Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief s
approval for the construction of any gate across required Fire Authority access roads/drives.
Contract the Orange County Fire Authority at (714) 744-0403 for a copy of the "Guidelines for the
Fire Authority Emergency Access".
38. F F B FIRE SPRINKLER SYSTEM
Prior to the issuance of any building permits for all structures greater than 6,000 square feet or
structures identified by the Fire Chief, plans for the automatic fire sprinkler system shall be
submitted to and approved by the Fire Chief prior to installation. This system shall be operational
prior to the issuance of a certificate of use and occupancy.
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C�
39. F F G STREET PLANS
Prior to the issuance of grading permits, the applicant shall submit and obtain approval of
preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation
with the Manager, Subdivision and Grading. The plans shall include the plan view, sectional view,
and indicate the width of the street or court measured flow line to flow line. All proposed fire
apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when
other conditions require it the minimum width of required fire apparatus access roads shall not be
less than 28 feet.
40. F F G STREET MARKINGS
a. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval
from the Fire Chief for street improvement plans with fire lanes shown. The plans shall
indicate the locations of red curbing and signage. A drawing of the proposed signage with
the height, stroke and color of lettering and the contrasting background color shall be
submitted to and approved by the Fire Chief.
F F U STREET MARKINGS
b. Prior to the issuance of the certificate of use and occupancy, the approved fire lane
marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions
which prohibit parking in the fire lanes. A method of enforcement shall be included.
41. F F B COMBUSTIBLE CONSTRUCTION LETTER
Prior to the issuance of any building permits for combustible construction, the developer shall
submit and obtain the Fire Chief s approval of a letter and plan stating that water for fire fighting
purposes and an all weather fire access road shall be in place and operational as required by the
Uniform Fire Code before any combustible materials are placed on the site.
42. F F B WATER AVAILABILITY
Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability
Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire
Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire
extinguishing system. shall be installed in each structure, in a manner meeting the approval of the
Fire Chief.
F F U FIRE HYDRNT MKRS
Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue
Reflective Pavement Marker" indicating its location on the street or drive per the Orange County
Fire Authority Standard and approved by the Fire Chief. On private property these markers are to
be maintained in good condition by the property owner.
43. F F U FIRE LANES
Prior to the issuance of any certificates of use and occupancy, any private street(s) having a curb -to -
curb width of less than 36 shall be posted "No Parking —Fire Lane" as per 1988 Uniform Fire Code
Section 10.207, in a manner meeting the approval of the Fire Chief.
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C� J
44. F F R TRAFFIC SIGNAL
Prior to the recordation of the applicable subdivision map as determined by the Fire Chief, in
consultation with.the Manager, Traffic Engineering, the subdivider shall enter into an agreement
with the County/City for the installation of traffic signal pre-emption equipment. The Fire Chief
shall determine whether the traffic signal pre-emption is to be installed per the agreement or the
financial security released. Language to this effect shall be included in the agreement.
45. F F GBU FUEL MODIFICATION
Prior to the issuance of a preliminary grading permit, the applicant shall obtain approval of the Fire
Chief, in consultation with the Managers, Environmental and Project Planning Services, Current
Planning Services and Subdivision and Grading Services of a conceptual fuel modification plan and
program.
a. Prior to the issuance of any precise grading permit, the applicant shall obtain the approval
of the Fire Chief, in consultation with the Managers, Environmental and Project Planning
Services, Current Planning Services, and Subdivision and Grading Services of a precise
fuel modification plan and program. The plan shall indicate the proposed means of
achieving an acceptable level of risk to structures by vegetation.
b. Prior to the issuance of a building permit, the developer shall have completed, under the
supervision of the Fire Chief, that portion of the approved fuel modification plan
determined to be necessary by the Fire Chief before the introduction of any combustible
materials into the project area. Approval shall be subject to on -site inspection.
C. Prior to the issuance of any certificates of use and occupancy, the fuel modification shall
be installed and completed under the supervision of the Fire Chief. Further, the installed
fuel modification plant palette shall be established to a degree meeting the approval of the
Fire Chief The CC&Rs, or other approved documents, shall contain provisions for
maintaining the fuel modification zones including the removal of all dead and dying
vegetation subject to triennial inspections.
GRADING
46. DS DS G GEOLOGY RPT
Prior to the issuance of a grading permit, the applicant shall submit a geotechnical report to the
Manager, Subdivision and Grading, for approval. The report shall include the information and be in
a form as required by the Grading Manual.
47. DS DS G GRADING DEVIATION
Prior to issuance of any grading permits, if review of the grading plan for this property by the
Manager, Subdivision and Grading, indicates significant deviation from the proposed grading
illustrated on the approved tentative tract map, specifically with regard to slope heights, slope ratios,
and pad elevations and configuration, the plan shall be reviewed by the Subdivision Committee for a
finding of substantial conformance. Failure to achieve such a finding will require processing a
revised tentative tract map; or, if a final tract map has been recorded, a new tentative tract map or a
Site Development Permit application per Orange County Zoning Code Section 7-9-139 and 7-9-150.
48. SG SG G GRADING RESTRICTION
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Notwithstanding any grading/elevations that are shown on the tentative map, or the provisions of
Orange County Zoning Code Section 7-9-139 (Grading and Excavation), approval of this Coastal
Development Permit/ tentative map does not authorize the issuance of any grading permits.
49. DS DS G GRADING
Prior to the recordation of the first final tract map or issuance of the first grading permit for projects
located immediately adjacent to or including portions of regional parks, significant open space
corridors, or other environmentally sensitive areas, the project proponent shall provide evidence
acceptable to the Manager, Subdivision and Grading, in consultation with the Manager, Public
Facilities and Resources Department / Harbors, Beaches and Parks — Program Management, that
graded areas will be compatible with natural land characteristics of the adjacent areas.
50. DS DS G CONST NOISE'
A. Prior to the issuance of any grading permits, the project proponent shall produce evidence
acceptable to the Manager, Subdivision and Grading, that;
1. All construction vehicles or equipment, fixed or mobile, operated within 1,000 of a dwelling
shall be equipped with properly operating and maintained mufflers.
2. All operations shall comply with Orange County Codified Ordinance Division 6 (Noise
Control).
3. Stockpiling and/or vehicle staging areas shall be located as far as practicable from dwellings.
B. Notations in the above format, appropriately numbered and included with other notations on
the front sheet of grading plans, will be considered as adequate evidence of compliance with this
condition.
51. CP EP G COASTAL SAGE SCRUB
a. As required by participation in the Natural Community Conservation Planning/Coastal
Sage Scrub (NCCP) agreement signed by the County on May 1, 1992, prior -to the issuance
of any grading permit, the project applicant shall provide an accounting summary in acres,
or portions thereof, of coastal sage scrub scheduled to be impacted by removal through
grading meeting the approval of the Manager, Current Planning.
b. Notwithstanding the tentative map, no grading will occur within the Natural Community
Conservation Plan (NCCP) enrolled area except as in a manner meeting the approval of the
Manager, Current Planning.
52. EP DS R LNDSCP
Prior to the recordation of each applicable final tract/parcel map, open space PA 12B shall be
reserved for granting in fee to a homeowner's association who shall be responsible for maintenance
and upkeep.
53. IIP SD R PUB INT LNSCP
Prior to the recordation of the final tract map, a landscape plan shall be required for all slopes
created in conjunction with construction of roadways and shall be landscaped and equipped for
irrigation and improved in accordance with the following:
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HP SD R PRELM LNSCP PLN
a. Preliminary Plan — Prior to the recordation of an applicable final tract map, an agreement
shall be entered into and financial security posted guaranteeing landscape improvements
and the maintenance thereof based on a preliminary landscape plan showing major plant
material and uses, with a cost estimate of the landscape improvements. The preliminary
plan and cost estimates shall be reviewed and approved by the Manager, Subdivision and
Grading, in consultation with the Manager, Public Facilities and Resources Department /
Harbors, Beaches and Parks — Program Management. Said plan shall take into account the
previously approved landscape plan for Newport Coast Planned Community, the Standard
Plans for landscape areas, adopted plant palette guides, applicable scenic and specific plan
requirements, Water Conservation Measures contained in Board Resolution 90-487 (Water
Conservation Measures), and Board Resolution 90-1341 (Water Conservation
Implementation Plan).
HP SD B DTAL LNSCP PLN
b. Detailed Plan — Prior to the issuance of any building pernrits(s), a detailed landscape plan
shall be submitted to and approved by the Manager, Subdivision and Grading, in
consultation with the Manager, Public Facilities and Resources Department / Harbors,
Beaches and Parks — Program Management. Detailed plans shall show the detailed
irrigation and landscaping design.
HP CBI U LNDSCP INSTALL
C. Installation Certification — Prior to the issuance of final certificates of use and occupancy
and the release of the financial security guaranteeing the landscape improvements, said
improvements shall be installed and shall be certified by a licensed landscape architect or
licensed landscape contractor, as required, as having been installed in accordance with the
approved detailed plans. Said certification, including an irrigation management report for
each landscape irrigation system, and any other required implementation report determined
applicable, shall be furnished in writing to the Manager, Building Inspection, prior to the
issuance of any certificates of use and occupancy.
NOISE COMPATIBILITY
54. All residential lots and dwellings shall be 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 prepared by a County -certified acoustical consultant, that these standards will be
satisfied in a manner consistent with applicable zoning regulations, shall be submitted as follows:
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u
DS DS RG ACOUSTICAL RPT
a. Prior to the recordation of a final tract map or prior to the issuance of grading permits, as
determined by the Manager, Subdivision and Grading, for approval. The report shall
describe in detail the exterior noise environmental 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.
DS DS B ACOUSTICAL RPT
b. Prior to the issuance of any building permits for residential construction, an acoustical
analysis report describing the acoustical design features of the structure required to satisfy
the exterior and interior noise standards shall be submitted to the Manager, Subdivision
and Grading, for approval along with satisfactory evidence which indicates that the sound
attenuation measures specified in the approved acoustical report have been incorporated
into the design of the project.
DS DS B ACOUST BARRIERS
C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be
shown on the project's plot plan illustrating height, location and construction in a manner
meeting the approval of the Manager, Subdivision and Grading.
55. CP CCU AIRCRAFT OVERFLT
If prior to issuance of certificates of use and occupancy the County of Orange modifies the 65 dB
CNEL noise contour for aircraft overflight to include the project site, then the owner shall prepare
and record notice that this property is subject to overflight, sight, and sound of aircraft (civilian or
military) operating from El Toro Marine Corps Air Station in a manner meeting the approval of the
Manager, Building Permits in consultation with County Counsel.
TRAFFIC
56. TE TE G SIGHT DISTANCE
Prior to issuance of a grading permit, adequate sight distance shall be provided at all intersections
per Orange County Standard Plan 1107 in a manner meeting the approval of the Manager,
Subdivision and Grading; this include any necessary revision to plan to remove slopes or other
encroachment from the Limited Use Area.
57. TP SD R PVT ST NOTIF
Prior to the recordation of a final tract map, a note shall be placed on the map that states:
"The private streets constructed within this map shall be owned, operated and maintained by the
developer, successors or assigns. The County of Orange shall have no responsibility therefore
unless pursuant to appropriate sections of the Streets and Highways Code of the State of
California, the said private streets have been accepted into the County Road System by appropriate
resolution of the Orange County Board of Supervisors."
58. TE TE G MANEUVERING AREA
PA99-0152 Taylor Woodrow •
Page 26
•
Prior to issuance of a grading permit, adequate maneuvering area shall be provided to all garages per
Orange County Standard Plan 1209 and Orange County Zoning Code 7-9-145.3 in a manner meeting
the approval of the Manager, Subdivision and Grading.
59. LP LP R BLDG SITE ACCESS
Prior to the recordation of each subdivision map (except maps for financing and conveyance only),
the subdivider shall submit to the Manager, Land Use Planning, for review and approval, a
procedure or method that will ensure that each proposed building site will have a guaranteed right of
vehicular and pedestrian ingress and egress access from each building site to a publicly maintained
street. The approved procedure or method shall be lettered/shown on the subdivision map.
60. LP LP B DEV SITE ACCESS
Prior to the issuance of any building permits, the applicant shall produce evidence acceptable to the
Manager, Land Use Planning, that legal, practical access exists from the development site to a
publicly maintained street (County Standard Condition T3).
61. SG SG B SPECIAL
Prior to the recordation of a subdivision map (except for financing and conveyance purposes) or the
issuance of any building permit, the subdivider shall provide plans meeting the approval of the
Manager, Subdivision and Grading Services, for the design of the internal pedestrian circulation
system within the development.
PA99-0152 Taylor Woodrow
Page 27
62. SGSGR UNDRGND UTILT
Prior to the recordation of a final tract map, the subdivider shall install all underground traffic
signal conduits (e.g., signals, phones, power, loop detectors, etc.) and other appurtenances (e.g., pull
boxes, etc.) needed for future traffic signal construction at the intersections listed above, and as
needed for future interconnection with adjacent intersections, all in accordance with plans and
specifications meeting the approval of the Manager, Subdivision and Grading.
63. LP LP NA SPECIAL
Construction of pedestrian and bicycle paths connecting areas of interest, in accordance with
County management policies and golf course/resort management needs (LCP
Transportation/Circulation Policy 20e), shall be verified by the Manager, Current Planning Services,
during plan check of subsequent "B" level tract maps for project development.
64. HP HP NA PARK PLAN
Prior to approval of any subdivision map for development purposes, a Local Park
Implementation Plan (LPIP) update and amendment shall be processed subject to the approval of the
Manager, PFRD/HBP Project Management and Coordination, and the Orange County Subdivision
Committee.
65. SGSGR ASSES9DIST
Prior to the recordation of a final tract map, the subdivider shall prepare any required
improvement plans and shall identify on the plans the limits of all the facilities which the subdivider
intends to fund through a Mello -Roos Community Facilities District (CFD) or Assessment District
(AD) bond program. In addition, the improvement plans shall identify the specific CFD or AD
under which the improvements will be funded, in a manner meeting the approval of the Manager,
Subdivision and Grading.
66. SGSGR ASSESS DIST FRM
Prior to the recordation of a final tract map within the boundaries of an assessment district, the
subdivider shall fill out, sign and submit the required application form for the division of land and
assessment, and pay the required fee, in a manner meeting the approval of the Manager, Subdivision
and Grading.
Note:
The new condition of approval (AIRCRAFT OVERFLT) added by the Planning
Commission appears as number 56 and the remaining conditions have been renumbered.
I
I
NEWPORT
COAST
'
DEVELOPMENT AREAS
3A-2a, 3A-2b, and 3A-2c
Site Development Permit
PA 990152
Submitted by:
TAYLOR WOODROW HOMES
24461 Ridge Route Drive, Suite 100
Laguna Hills, CA 92653
Contact: Andrew Jarvis (949) 581-2626
Prepared by:
FORMA
17500 Red Hill Avenue, Suite 100
Irvine, CA 92614
Contacts: Craig Hoffman/Lora Tonjes (949) 660-1900
August1999
I
TABLE OF CONTENTS
Section Title Page
I. INTRODUCTION
A. Purpose...........................................................................................................................1
B. Background.................................................................................................................... ]
C. Existing Conditions........................................................................................................5
II. CURRENT PLAN DESCRIPTION
A. Site Development Plan...................................................................................................6
B. Temporary Sales Center/Model Complex......................................................................6
C. Architecture.................................................................................................................. ] 0
III.
CONSISTENCY ANALYSIS......................................
I.........................................................16
IV.
APPENDIX..............................................................................................................................18
i FORMA
Aq. IM
Exhibit
Number
Title
LIST OF EXHIBITS & TABLES
On Page
1.1 Regional Location Map...............................................................................................................2
1.2 Project Location Map..................................................................................................................3
2.1 Development Plan.........................................................................................................(MP)") 8
2.2 Model Complex Detail............................................................................................................. 9
2.3 Architectural Elevations...........................................................................................................11
2.4 Plan 1 - Architectural Floor Plan...............................................................................................12
2.5 Plan 2 - Architectural Floor Plan..............................................................................................13
2.6 Plan 3 - Architectural Floor Plan..............................................................................................14
2.7 Detached Pool Cabana/Garage/Guest House............................................................................15
Table
Number Title On Page
2.1 Detached Pool Cabana/Garage or Guest House Locations.............................................7
3.1 Detached Pool Cabana/Garage or Guest House Lot Sizes.............................................17
(1) Map Packet
jj FORMA
MI. I W
NEWPORT COAST
Development Areas 3A-2a -2b and -2e Coastal Development Permit Page t
I. INTRODUCTION
A. Purpose
A Site Development Permit (SDP) is requested for Development Areas 3A-2a, -2b and -
2c, located within Newport Coast Residential Planning Area 3A-2, as shown on Exhibit
1.1, Regional Location Map and Exhibit 1.2, Project Location Map. These Development
Areas were previously designed and approved for 33 merchant build homes with three
product types ranging in size from 4,900 to 5,300 square feet. The current proposal is
intended to modify the Site Development Permit (PA 990042), administratively
approved on June 28, 1999 to allow for the following modifications for Development
Areas 3A-2a, -2b and -2c:
• Permit construction of 11 detached residential pool cabana/garage or guest houses;
• Allow for design modifications to the architectural products; and
• Allow for modifications to the sales/model home complex.
B. Background
Approval of a Coastal Development Permit for Development Area 3A-1 (PA 970046) on
August 5, 1997 established the alignment of Crystal Cove Drive and a community
collector roadway ("A" Street) that provides access to DA 3A-2a, -2b and -2c from
Pacific Coast Highway.
Master Coastal Development Permit - Sixth Amendment (PA 970133) was approved by
the Planning Commission on May 5, 1998 (Resolution No. 98-05) and consists of
Planning Areas 3A-2, 313, 12B and 14. The Master Coastal Development Permit - Sixth
Amendment included mass grading for large -lot development pads and construction of
backbone infrastructure and neighborhood community collector roads in anticipation of
future development.
FORMA
A.,,O )
HUNTINGTON
HARBOUR
A
\V'
QaQ
&KI4NJa5POb
CHICA
aNJb40bCd40b/���pNw?o�eoa�
�3CL1Ca
COo �SPo
SANTA ANA
RIVER ESTUARY
SANTA ANA HEIGH'
NEWPORT
81EACH
EMERALD
44rw
TAYLOR WOODROW
LAGUNA
BE&CH
SOUTH LAGUNA
LAGUNA
NEWPORT RIDGE
PLANNED COMMUNITY
NEWPORT COAST
PLANNED COMMUNITY
LACWtJA
HILLS
Pcomi'
CAPISTRANO
LAKE
FOREST
Exhibit 1.1
REGIONAL LOCATION MAP
Development Areas 3A-2a,-2b and -2c CDP
NOT TO SCALE A� Vvz %
Aucusr 1999
2B-2 i 12A \ 1
LOS TRANCOS \, \
CANYON 1 12E �•.
2B-ib \, \ MUDDY
CANYON \,
213-1 a
LOSTRANCOS
PARKSCANYON VIEW
� 1
1 C-2 '� 4A =�
\ i 12C J
CRYSTAL COVE
i 10A \ 1 ` 4B / STATE PARK
13C-2
13F -/ 13B
i o
112E !
NEwP F, i_`-"SSA-2a�:: �,_,_�---L �_.�, %•T, I
1-2/PELICAN HILL
3A-
GOLF 3B.1a
1 7__�; -;
3B-1b
3A 1 3B 2c
_
PACIFIC COAST HIGHWAY 3B-1c
17=_-== - -� 14
CRYSTAL COVE
STATE PARK
3B-1d
DEVELOPMENT AREAS
3A-2a, -2b & -2c
P A C l F / C O C E A N
Exhibit 1.2 PROJECT LOCATION MAP
Development Areas 3A-2a; 2b and -2c CDP
TAYLOR WOODROW
M CVST 1999
9.m./Coast/cna.04/nne..4-9po-2.eo/0e99.w1un/9.a)oc d.9
'
NEWPORT COAST
Development Areas 3A-2a -2b and -2c Coastal Development Permit Page 4
'
A subsequent Coastal Development Permit (CDP) for Planning Area 3A-2 (PA 980049),
was approved by the Orange County Planning Commission on July 7, 1998 (Resolution
'
No. 98-07). PA 980049 included minor boundary modifications to coincide with
detailed lotting studies for the custom lots. Development Areas 3A-2a, -2b, and -2c
included lots ranging from 11,000 to 22,000 square feet in size and 70 to 110 feet in
3A-2c
width. DA 3A-2b included a temporary detention basin, and DA provided
portions of a canyon view park.
In its approval, the Planning Commission determined that the development proposal in
'
Planning Area 3A-2 was consistent with the certified Newport Coast LCP, Master
Coastal Development Permit - Sixth Amendment and EIR No. 568, which was prepared
for the future development projects in PA 3A-2 and 3B.
Subsequent to the Planning Commission approval, the Orange County Subdivision
No. 15586 for Planning Areas 3A-2,
Committee approved Vesting Tentative Tract Map
313, 12B and 14 on August 12, 1998.
In February of this year, a Site Development Permit (PA 990042) was processed
'
administratively to allow for the following modifications to the approved Coastal
Development Permit:
'
• Replacement of a 33-lot custom lot program with 33 merchant -built home sites and
construction of three architectural products and associated structures ranging from
'
approximately 4,900 to 5,300 square feet;
• Minor adjustments to the residential lot lines to accommodate architectural products;
'
• Construction of a model complex and associated parking area on western 'B" Street
in Development Area 3A-2a, and an interim sales trailer and temporary parking lot
'
on eastern'B" Street in Development Area 3A-2c;
' • Minor realignments and revised grades (up to 10 feet) for six (6) lots on "I" Street in
Development Area 3A-2b;
• Incorporation of one additional 4-foot high retaining wall on "H" Street, one
additional 4.5-foot high retaining wall on `B" Street to accommodate architectural
' footprints, and elimination of a previously approved Loffelstein wall at the end of
"H" Street; and
FORMA
upon 1M
'
NEWPORT COAST
Development Areas 3A 2a 2b and 2c Coastal Development Permit Page 5
• Concurrent processing of a substantial conformance finding for Vesting Tentative
Tract.No. 15586.
'
The Site Development Permit was approved on June 28,1999, subject to the Findings
and Conditions of Approval contained in Planning Commission Resolution No. 98-07
'
for PA 980049. Additionally, three conditions of approval were added to the project,
related to providing notification to prospective home purchasers that homes are designed
'
with two car garages, requiring the developer-builder/owner to submit a Tract Phasing
Plan for approval, and conditions specific to the design/operation of the sales/model
'
home complex.
C. Existing Conditions
' The site has been completely modified by grading operations approved in accordance
with Tentative Tract Map No. 15586.
' Elevations of the site range from approximately 150 feet above sea level at the
' southeastern boundary of DA 3A-2b, to 300 feet above sea level at the northeastern
boundary of DA 3A-2a.
J
F
FORMA
n'e .I'M
'
NEWPORT COAST
Development Areas 3A-2a, -2b and -2c Coastal Development Permit Page 6
II. CURRENT PLAN DESCRIPTION
A. Site Development Plan
As shown on Exhibit 2.1, Development Plan, the approved plan for construction of 33
'
merchant built single-family detached units in Development Areas 3A-2a, -2b and -2c
has been revised to include refinements to the architectural products and to include up to
I 1 detached pool cabana/garage or guest houses on the same building site as the primary
'
residence.
'
The modifications proposed for this portion of Planning Area 3A-2 maintain the gross
acreage of 58.3 acres for the entire planning area, along with a total of 80 residential
'
dwelling units for an overall density of 1.4 units per acre as approved by PA 980049.
' As indicated on Table 2.1 and the Development Plan(Exhibit 2.1), the optional pool
cabana/garage or guest houses have been located on larger lots containing all three
' product types. In each instance, the minimum LCP — Second Amendment lot size and
setback requirements for detached accessory buildings has been maintained.
' B. Temporary Sales Center/Model Complex
The refined sales/model home complex is situated on a cul-de-sac taking access from
Scenic Bluff Drive in Development Area 3A-2a. The refined design of the model
' complex, is shown on Exhibit 2.4 and includes three residential units (one unit includes
the optional detached guest house), a temporary asphalt parking area with 12 parking
spaces, including one handicap accessible space and a landscaped courtyard area. A
sales office will be located in the garage of the unit adjacent to the parking lot.
t A chain -link construction fence may span the street to screen the models from adjacent
construction. The model complex includes a 42-inch high tubular steel trap fence
' between the sidewalk and the street, as well as flags, temporary signs, and walkways.
' FORMA
n ew Im
' NEWPORT COAST
Development Areas 3A-2a -2b and -2c Coastal Development Permit Page 7
Table 2.1
' Newport Coast - Development Areas 3A-2a, -b and -c
Detached Pool Cabana/Garage or Guest House Locations
u
Lot No.
PlanTypej
Minimum Setbacks from Property Lines
12
1
14.5-foot setback from front property line
(23-feet from the back of sidewalk if option
for a side -entry garage is constructed)
17
2R
20-foot setback from front property line
19
2R
20-foot setback from front property line
20
1
20-foot setback from front property line
25
2
20-foot setback from rear property line
27
3
20-foot setback from front property line
29
3
20-foot setback from rear property line
33
3R
20-foot setback from rear property line
34
3R
20.8-foot setback from rear property line
36
2
20-foot setback from rear property line
39
2R
20.2-foot setback from rear property line
' Note: Lot references
II
II
II
U
II
10� \1
B�
C
Tempon
> \ and
.Approved Di
,q
1�-
LEGEND
\ =► Planning Area Boundary
e`
DevelopmentArea Boundary
IR
{ Footprint and Unit Type
PA 4B
_Resideni
DA 3B-1 e
DA 36-1 a
DA 3B-1 b
Exhibit 2.1
DEVELOPMENT PLAN
Development Areas 3A-2a,-2b and -2c CDP
� 0 tOD 200 ��fas
rM../cease/q,w.c�.ne.:�y�c—:aee/oessmgm/�i.ia.s
Production Driveway, Porch
and Access at Each Lot
Yew Fence `
V-6° Wrought
Iron Fence
Landscape Improvements
For Model Complex, Temporary
source. Burton & 0.swciates Sideyard Concrete Block Wall
sal) ol'go, cn with Wood Sideyard Gate
TAYLOH WOODHOW
Temporary Metal Trap Fence
42' Height
Temporary Parking Lot Sign
Rx39
Temporary Model Complex
SCEiV/Ceur' Identification Sign (S x 10�
Temporary Model
Identification Sign (Z x 45
Temporary Model Sales
Office Location
Temporary Concrete Paving
American Flag Location
Temporary Project Flags
(1& High Pole; 10 Total)
R
Exhibit 2.2
MODEL COMPLEX DETAIL
Development Areas 3A-2a,-2b and�-�22cc''C�'D{���\P)
o'� 1VGUSf 1999
vuine/ceoaL onuaN/pl�ofei y-$mac/V8-99<9olSr
a-9
H
'
NEWPORT COAST
Development Areas 3A-2a, -2b and -2c Coastal Development Permit Page 10
'
C. Architecture
The proposed architecture provides both one- and two-story homes in three floor plans
'
that range in size from approximately 4,900 square feet to 5,300 square feet. Plan 1 is a
Plan 2 has 5-
5-bedroom plan with two -car garage and tandem garage storage area. up to
bedrooms with a two -car garage and tandem garage storage area. Plan 3 includes up to 6
'
bedrooms with a two -car garage and tandem garage storage area.
' Building heights for the main dwelling range from 24 to 26 feet. The proposed
architecture is influenced by Santa Barbara Spanish inspired designs which reflect the
' Mediterranean style of architecture approved for The Newport Coast, as indicated by
Architectural Elevations and Architectural Floor Plans, Exhibits 2.2 through 2.6.
As shown on Exhibit 2.7, Detached Pool Cabana/Garage/Guest House Options, three
variations to the design of the detached structure are provided. Within the same
' footprint of approximately 780 square feet, future homeowners can select a pool cabana,
with a bathroom and bar, a two -car garage with work alcove or a guest house option,
' with bedroom, a living area, bathroom and a walk in closet. In all instances, the
maximum building height will not exceed 15 feet.
1
' FORMA
n.,. mn
FRONT ELEVATION
Source: Robert MtleyTxc to
Newport Beach. CA
Ar"
TAYLOR WOODROW
FRONT ELEVATION
FRONT ELEVATION
I
6dilbit 2.3
PLANS 1-3 -ARCHITECTURAL ELEVATIONS
I Development Areas 3A-2a.-2b and -2c CDP
NOT TO SCALE
w�na/caa../vna.w/vne..n—x/aa—x=ee/ao-ecaw�a%.�w�cn�.e.o
source: BobertwoyA>rhneq
Newport Beach CA
Exhibit 2.4
PLAN 1 -ARCHITECTURAL FLOOR PLAN
Development Areas 3A-2a,-2b and -2c CDP
TAYLOH WOODHOW
--�
NOT TO SCALE auwst wee
uinv/ceax/nnascc/vnceva—z/sa—zaec/oeeecxeiw/vrcnes�.e.e
i
Source• Robert ZdW;A �lOeoffi
Navpart Beaoh, CA
TAYLOR WOODROW
Exhibit 2.5
PLAN 2 - ARCHITECTURAL FLOOR PLAN
Development Areas 3A-2a,-2b and -2c CDP
NOT TO SCALES wasr .00v"
Ml <t
f►.y�.r-Sfa III!
� itL
i x..uucm�i
n
r
FIRST FLOOR PLAN
Sauce: Hobert 1daYArcHiWcffi
Navpat Beech, CA
TAYLOR WOODROW
Exhibit 2.6
PLAN 3 - ARCHITECTURAL FLOOR PLAN
Development Areas 3A-2a,-2b and -2c CDP
NOT ro-w sc_ �IURMk
kMna/wva,/giaae�/p,�aTO SCa-2a0e/Oo-99mplm%lp�nr�c�a
N
r
r-
L
E
aJ
('
I
I
s
v
m
1
n
L
OPTION 1 - POOL CABANA
RIGHT ELEVATION
241_On 8,_3„
a
��I
bl_bn IT-b..
24'-O"
OPTION 1 - POOL CABANA
FLOOR PLAN
' Source• Robert HldeyMtliltee[e
Newport Beech. CA
TAYLOR WOODROW
OPTION 2 - GARAGE
RIGHT ELEVATION
OPTION 2 - GARAGE
FLOOR PLAN
OPTION 3 -GUESTHOUSE
RIGHT
TYPICAL FRONT ELEVATION
OPTION 3 -GUESTHOUSE
FLOOR PLAN
Exhibit 2.7
DETACHED POOL CABANA/GARAGE/GUEST HOUSE OPTIONS
ARCHITECTURAL FLOOR PLANS AND ELEVATIONS
Development Areas 3A 2a,-2b and -2c CDP
O 70 140 O W ST 1999
IMne/cocal/o�wec/o�ax4-II/b-3aEc/Oe-98cF➢I'm/orCb Gw9
u
' NEWPORT COAST
Development Areas 3A-2a -2b and -2c Coastal Development Permit Page 16
' III. CONSISTENCY ANALYSIS
This CDP for Development Areas 3A-2a, -2b and -2c has been prepared in accordance with
the 1996-certified Local Coastal Program (LCP) — Second Amendment, Master Coastal
' Development Permit (Master CDP) — Sixth Amendment (PA 970133) as amended,
previously -approved CDP (PA 980049) and Site Development Permit (PA 990042) which
was administratively approved on June 28, 1999 for Development Area 3A-2.
' The total number of units proposed is consistent with the Medium -Density Residential land
use designation in the LCP and the previously approved CDP (PA 980049) and SDP (PA
990042).
The design of the pool cabana/garage/guest houses is consistent with the Accessory Permitted
Uses for Medium -Density Residential development projects in that, garages, detached
accessory structures such as cabanas and guest cottages or caretakers quarters, (limited to one
unit per building site up to 1,500 square feet) are permitted. Table 3.1, Detached Pool
Cabana/Garage or Guest House Lot Sizes.
The design of the pool cabana/garage/guest houses is consistent with Orange County Zoning
' Code Section 7-9-146.5 in that, these units have been located so as not to encroach into any
setback area required of the principal use. The design is also consistent with Zoning Code
' Section 7-9-137.1 for those lots where a detached garage option is constructed, in that the
garage (side) entry is a minimum of 20-feet from the sidewalk.
' In all instances where the optional pool cabana/garage/guest house are constructed, a Deed
Restriction will be recorded, stating that "The proposed use will be use exclusively for the
1 members of the family occupying the main dwelling and their non-paying guests and will
not at any time be used as a separate dwelling unit." in conformance with County standards.
' The design of the pool cabana/garage/guest house is consistent with all of the LCP — Second
Amendment Site Development Standards for Medium -Density Residential Planning Areas
and the Definitions contained in LCP, Chapter 12.
' In terms of overall design, this proposed CDP is intended to be fully consistent with the
previously -approved land use descriptions and Conditions of Approval and Findings for the
' previously -approved CDP (PA 980049), the administratively approved SDP (PA 990042) and
the processing procedures outlined in Orange County Zoning Code Section 7-9-150.3.
' FORMA
AVPuwIM
MA
I
U
n
II
II
II
Table 3.1
Newport Coast - Development Areas 3A-2a, -b and -c
Detached Pool Cabana/Garage or Guest House Lot Sizes
LOT NO.
PLAN TYPE
LOT SIZE
DA 3A-2a
25
2
21,530
27
3
15,528
29
3
17,745
33
3R
15,502
DA 3A;2b
12
1
23,148
17
2R
17,878
19
2R
17,052
20
1
21,039
_. .
' DA3,A=2c.
34
3R
12,785
36
2
17,346
39
2R
16,447
Note: The Newport Coast Local Coastal Program Residential Planning Area
Regulations, Accessory Permitted Uses, page II-4.15 provides i One guest cottage or
caretaker unit per building site, limited to 1,500 square feet; on building sites of a
minimum 10,000 square feet] . Lot sizes for lots with guest cottages in Development
Areas 3A-2a, -b, and -2c are consistent with this requirement as demonstrated in the
table below. The subject lots are all in excess of the 10,000 square foot minimum
requirement.
II
H
' NEWPORT COAST
Development Areas 3A-2a, -2b and -2c Coastal Development Permit Page 18
IV. APPENDIX
' ❑ Orange County Planning Application
I
I
1
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1
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x ....,^:.,..... y.. ,-r >p ;�. , _ ..p - i• ;ter.; . ..> _ o ..IT
27 95
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265
26p 290
0 PA 4A
R�bs idential /J
(PA 9 139)
225 ITT
220
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N(per 98004 v,
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314
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\ I I �, A\ '2Q \\ � .,. '\ •, ', '�, ........ .......... .............. .......... ..�.'.'.' \ �_ __ \_ �
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PA 10LV �, 20 \ \ h ?, -
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1 1 , 1 \ .......... .. ....... .... ........... .... - n �i 1
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\ '� / 2 .......a ...... .... .. � i I is ..... .. � I
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♦ \ � 70 r 'PA--96 049
v I v • • Planning Area Boundary
DA 3A-2d
\ 3 _
25.2' i 1; V� \ \ �,� • . Development Area Boundary 1
1,9 ' � / -- a" �v
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I I ,
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Footprint and Unit Type
I
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Note: Lot numbers per approved Tentative Tract Map No. 15586
1
i .1
Exhibit 2
p DEVELOPMENT PLAN
Prepared for:
Development Areas 3A-2a,-2b and -2c CDP
TAYLOR WOODROWIORMN
AUGUST 1999 ]I
irvine/coast/phase4/phase4-2/$a-2abc/0899chplan/site-big,dwg
135. V 12
00
\ Q%
s \
Y
PQS/TEDF
MA. 1998
GARY-1. GJ 1':1(: Clerk -Recorder
By DEPUTY
NOTICE OF DETERMINATION
TO: OFFICE OF PLANNING AND RESEARCH COUNTY COUNTY CLERK
ORANGE
1400 TENTH STREET, ROOM 121
SACRAMENTO, CALIFORNIA 95814
FROM: Planning and Development Services Department
SUBJECT: Filing of Notice of Determination in Compliance with Section 21108 or 21152 of the
Public resources Code
Newport Coast Master CDP — Sixth
emenrimpnf (PA 970133)
Roberta
State Park
Newport Co Coast Pestablish
Planning Areas 3A-2, 3B, and14 (Phase IV-2
C0
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as
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urm
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Notice is hereby given that the
Planning and Development Services Department
(Lead Agency - G.SA, Etc.)
EIR / ND No. EIR No. 568
Current Planning Services Department
(Lead District, Division, Section, Etc.)
has made the following determination on the above -described project:
1. The project was approved by Planning Commission on May 5, 1998
(Sisupv. sbdv. Can. Ping. Comm. ZA Etc.) (Date)
2. The project ❑ will have a significant effect on the environment
The project 0 will not
nX An Environmental Impact Report was prepared for this project pursuant to the provisions of CEOA.
[� A Negative Declaration was prepared for this project pursuant to the provisions of CEOA.
3. Mitigation Measures 0 were Incorporated into the project through
Q were not
conditions of approval and project design.
4. For this project a Statement of Overriding considerations were 0 adopted.
not adopted.
5. A copy of the EIR or Negative Declaration and the record of the project approval is on file and may be
examined at the Environmental Management Agency, 300 N. Flower St, Room 130 Santa Ana, CA
92702 4048 Current Planning Services Division (714) 834- 5159
(D N
In CD
CON
Signature:
Title:
a County 010range
U [�J
09L7FOR�t� NOTICE OF DETERMINATION
Project Charge No.
TO: County Clerk, County of Orange
FROM. Planning and Development Services Department
SUBJECT: Filing of Notice of Determination in Compliance with Section 21108 or
21152 of the Public Resources Code
PP53883
Project Title: PA990152
Type of Document Previous FEIR
State Clearinghouse Number:
Previously certified or adopted? If yes, provide
document number and certification date :EIR No. 568
Contact Persons: Project Manager - Bill Melton
Telephone: (714)834-2541
CEQA Project Manager- Lyn Ahrens
(714)834-5154
Project Location: Newport Coast Planned Community, PA 3A-2a.2b,2c
Project Description: Modification to Planning Application (PA) 980049, previously approved by the OC Planning
Commission on 717/98, which established 33 Single Family (SFD) detached units. Subsequent PA 990042 was
approved 6/28/99 for minor alterations to lot lines and grading. ,
The proposed project includes modifications to lots 12,17, 19-20, 25, 27, 29, 33-34, 36, and 39 that would permit
perspective buyers of those lots the option of choosing to include either a Pool Cabana, a Garage with a work alcove; or
Guesthouse all within the same footprint to be included with the single family dwelling proposed for those lots.
Notice Is hereby given that the County of Orange as lead agency, Site Planning Section , has made the following determination on the
above -described project:
1. The project was approved by O.C. Zoning Administrator on
2. The project will not have a significant effect on the environment.
® An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
❑ A Negative Declaration was prepared fore this project pursuant to the provisions of CEQA.
3. Mitigation Measures were incorporated into the project through conditions of approval and project design.
4. For this project a Statement of Overriding considerations was adopted.
5. Findings were made pursuant to CEQA Guidelines 15091 (Statement of Facts and Findings).
6. A copy of the EIR 568 and the record of the project approval is on file and be examined at:
Planning & Development Services Department,
Environmental & Project Planning Services -Division,
300 N. Flower, Room 321
Santa Ana, California 927024048.
(714) 934-5550.
Fish & Game Fee Finding: EIR - $850.00
Signature:
Title:
Previously Paid Receipt No. (See Attached): 19988500504 (74251)
5/18198
�Y •
" County of Orange
CytlFOR��r
DATE: February 1, 2000
M EIM O
0
TO: William Melton, PDSD/Site Planning Section
FROM: PDS/Environmental & Project Planning Services Division
SUBJECT: Project Title: PA 990152 for NCPC-Planning Area 3A-2a - 2c
Initial Study No. PA 990152
PROJECTDESCRIPTION: Coastal Development Permit to modify Planning Application (PA) 980049,
previously approved by the County of Orange Planning Commission on 7/7/98 to establish 33 Single Family (SFD)
detached units (PA 3A-2a - 9 dwelling units (DU]; PA 3A-2b - 18 DU; PA 3A-2c - 6 DU. Subsequent PA 990042
was approved 6/28/99 for minor alterations to lot lines and grading.
The proposed project includes modifications to the following lots that would permit the perspective buyers of those
lots the option of choosing from the following to be included with the single family dwelling proposed for those
lots,
Pool Cabana, includes kitchenette, bath, and porch;
° Garage with a work alcove;
° Guesthouse with a living room, bath, I bedroom and walk-in closet.
Variations of the options, on the same 780 square foot footprint, will be available to purchasers of the following
lots. Lots 29 and 33 are included in the model home sales complex.
Lot No. Plan Type Minimum Setbacks from Property Lines
12 1 14.5-foot setback from front property line (23-feet from the back
of sidewalk if option for a side -entry garage is constructed)
17 2R 20-foot setback from front property line
19 2R 20-foot setback from front property line
20 1 20-foot setback from front property line
25
2
20-foot setback from rear property line
27
3
20-foot setback from front property line
29
3
20-foot setback from rear property line
33
3R
20-foot setback from rear property line
34
3R
20.8-foot setback from rear property line
36
2
20-foot setback from rear property line
39
2R
20.2-foot setback from rear property line
The currently entitled 33 SFD units and density proposes to remain the same as approved in PAs 980049 and
990042, grading is proposed to be revised to reflect the proposed requested revisions.
PROJECTLOCATION.• The project is located in the coastal area of south unincorporated Orange County
between the cities of Newport Beach/Corona del Mar and Laguna Beach. The project site in on the inland side of
Pacific Coast Highway, easterly of the intersection of Pacific Coast Highway and Crystal Cove Drive.
CEQA DETERMINATION. The CEQA documentation for your proposed project has been completed by the
Environmental Planning Division. Based upon its review, E&PPSD has determined that the proper CEQA
documentation for the Project is previously certified FEIR 568. The following information is attached to this
memo for your consideration:
I. Instructions for Filing CEQA Documents with the County Clerk; and
II. CEQA Statement, Action and Findings which should be used for Staff Reports and
AITs for the Project, including:
r
A. CEQA Compliance Statement for AIT and Staff Report; and
B. Recommended Action for Decision-maker(s) to Re -Certify EIR; and
C. Fish and Game Code Finding for Approval of Project; and
D. NCCP Findings for Approval of Projects.
III. Initial Study Analysis.
If clarification is needed regarding this Memo or if there are questions, please contact the following staff
person from PDS/Environmental & Project Planning Services Division:
E&PPSD Staff Contact: Lyn Ahrg �
Telephone Number: (714) 834-5 54
AW
George Britton, Manager
PDS/Environmental & Project Planning Services Division
Attachments: Attachment A: Filing Instructions for County Clerk
Attachment 1: Recommended CEQA Statements, Actions, Findings
Attachment 2: Initial Study Analysis
0
FILING CEQA DOCUMENTS WITH THE COUNTY CLERK
Your division will be responsible for filing the CEQA documentation and paying its related $38.00 filing fee with
the County Clerk for your project. The County Clerk now only needs your CEQA document(s) with your project
charge number in the upper right comer in order to post the document and recover this fee. You must, however,
obtain a fee receipt from the County Clerk, which must then be turned in immediately to Management
Services/Accounting Services. The County Clerk requires the $38.00 documentary handling fee for the following
items:
* Negative Declarations (ND);
* Notices of Determinations (NOD); and
* Notices of Exemption (NOE)
Please note the following:
1. Within 5 days of approval action by the decision -making authority (e.g. Board, Planning
Commission, Zoning Administrator) on a project, a Notice of Determination (NOD) must be filed
with the County Clerk.
2. If E&PPSD has determined that your project is exempt from the Department of Fish and Game
(DFG) fees, a De Minimis Finding (Certificate of Fee Exemption) will be provided by E&PPSD
and must accompany your projects NOD.
3. If E&PPSD has determined that your project is exempt from the Department of Fish and Game
(DFG) fees because the required fees were previously paid, a memo will be provided by E&PPSD
and must accompany your projecPs NOD.
4. If E&PPSD cannot find your project exempt from the DFG fees and the will be required to pay
$1288.00, or $888.00, respectively, for NDs and EIRs, including the $38.00 handling fee.
You will need to fill in the information on the NOD or NOE form and get an original authorizing signature
from your division after the approval action on your project. You will need to take the original set, and at
least one set of copies to the EIR Clerk located in the Recorders/Clerks Office, Building 12, Civic Center
Plaza. The Clerk will stamp the ND, NOD or NOE, and keep the original set. The Clerk will issue a
receipt for the Environmental document which must be returned to Management Services/Accounting
Services by the end of the day. A copy of a stamped NOD/NOE must be sent to E&PPSD for the file.
Newport Coast PC, PA 3A-2a.b.c Page 3
PA 990152
•
RECOMMENDED CEQA STATEMENTSAND FINDINGS FOR STAFF REPORTS/HITS
A. CEQA COMPLIANCE STATEMENT (FOR TEXT OF STAFF REPORTIAIT):
The CEQA compliance statement, located in the text of the staff report shall include the following statement
unless advised otherwise by County Counsel or the Manager, Environmental & Project Planning Services
Division.
The proposed project is covered by Final EIR 568, previously certified on May 5, 1998. Prior to project
approval, the decision -maker must assert that this EIR is adequate to satisfy the requirements of CEQA for
the proposed project. I find that following is true of this proposed project:
(1) No substantial changes are proposed in the project which will require major revisions of the previous
EIR due to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; '•
(2) No substantial changes have occurred with respect to the circumstances under which the project is
undertaken, which will require major revisions of the previous EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects; or
(3) No new information of substantial importance which was not known and could not have been known
with the exercise of reasonable diligence at the time the previous EIR was certified as complete was
adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR;
(B) Significant effects previously examined will be substantially more severe than shown in the
previous EIR;
(C) Mitigation Measures or alternatives previously found not to be feasible would in fact be
feasible, and would substantially reduce one or more significarit effects of the project, but the
project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerable different from those analyzed in the
previous EIR would substantially reduce one or more significant effects on the environment,
but the project proponents decline to adopt the mitigation measure or alternative.
B. RECOMMENDED ACTION STATEMENT FOR APPROVING PROJECT:
State law requires that action on a CEQA document be taken by the decision -maker Rriot to approval of
the project for which it has been prepared. The following action must be taken before action on the
project, unless directed otherwise by County Counsel or the Manager, Environmental & Project Planning
Services Division.
• The decision -maker has determined that Final EIR 568, previously certified on May 5a', 1998,
satisfies the requirements of CEQA and has been approved as the Program EIR for the proposed
project based upon the following findings:
a. Based on the Initial Study, it is found that the EIR serves as the Program EIR for the proposed
project; and
b. The approval of the previously certified Final EIR for the project reflects the independent
judgment of the Lead Agency.
C. FISHAND GAME CODE FINDING FOR APPROVAL OFPROJECT:
Find that pursuant to Section 711.4 of the California Fish & Game Code, this project is exempt from
payment of required fees as it has been determined that the required fees have been paid, EIR 568,
Receipt Document Number No. 19988500504 (74251), 05/18/98.
D. NCCP FINDING FOR APPROVAL OF PROJECT:
Find that the proposed project will not have a significant unmitigated impact upon Coastal Sage Scrub habitat
and, therefore, will not preclude the ability to comply with approved Coastal/Central Subregional Natural
Communities Conservation Planning (NCCP) Program
Newport Coast PC, PA 3A-2a.b.c Page 4
PA 990152
ENVIRONMENTAL ANALYSIS CHECKLIST
O The following checklist takes into consideration the preparation of EIR 568, prepared at an earlier stage of the proposed project. This
checklist evaluates the adequacy of this earlier prepared document pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines.
New More Ni, Subiumli.l New More No S.Inimli.l
Significant Severe Chmge From Si'Memt Swere Cbange Fmm
ISSUES & SUPPORTING DATA SOURCES: Impact. ImPacn erevmus nnab.h ISSUES & SUPPORTING DATA SOURCES: Impacts lmwcn Frevfons Anab.I
1.
LAND USE & PLANNING. Would the project:
5. HYDROLOGY&DRAINAGE. Would the
a) Conflict with general plan designation or zoning?
❑
❑
0
project:
(source#.568)
a) Substantially alter the existing drainage patteniofthe site or area,
including the alteration of the course of a strum or river, in
b Conflict witha liable environmental laps or policies
applicable P Po
❑
❑
®
manner which would result in:
of agencies wrth jurisdiction over the project? (568)
i) substantial erosion or siltation on -or off-0e7(569
❑
❑
c) Disrupt or divide the physical arrangement ofan
❑
❑
®
it) a substantial increase in the rate or amount of surface mnoffin
❑
❑
established community (e g. low income, minorily)7(568)
manner which would result in flooding on- or off -site? (568)
d) Conflict with adjacent, existing or planned land uses? (568)
❑
❑
El
b) Create or contribute runoff water which would exceed the capacity
of existing or planned slorrnwater drainage systems or provide
❑
❑
AGRICULTURE. Would project:
substantial additional sources of polluted runoff? (568)
a) Convert Farmlands listed as; "Prime, "Unique or of"Statewide
❑
❑
®
c) Place within a 100-year flood hazard area structures which would
Importance" as shown on the State Farmland Mapping and
impede or redirect flood flows? (568)
❑
❑
Monitoring Program, to non-agricultural use? (568
d) Expose people or structures to a significant risk of loss, injury or
b) Involve other changes in the existing environment which, due to
❑
❑
®
death involving flooding, including flooding as a result of the
❑
❑
their location or nature, could result in conversion of Farmland
failure of a levee or dam, or inundation by seiche, tsunami, or
to non-agricultural use? (568)
mudflow? (568)
3.
POPULATION & HOUSING. Would project:
6. WATER QUALITY. Would the project:
a) Cumulatively exceed adopted regional or local population
❑
❑
®
a) Violate any water quality standards or waste discharge
projemions7(568)
requirements? (568)
❑
❑
b) Induce substantial growth in an area directly or indirectly through
❑
❑
®
b) Substantially deplete groundwater supplies or interfere with
project in an undeveloped area or extension of major infrastructure?
groundwater recharge such that them would be a net deficit in
❑
❑
(568)
aquifer volume or a lowering of local groundwater table Ieve17
(568)
e) Displace existing housing affecting a substantial number of people?
❑
❑
ED
(568)
c) Otherwise substantially degrade water quality?(568)
❑
19
GEOPHYSICAL. Would project raid t i n or expose
7. TRANSPORTATION/CIRCULATION. Would
people to impacts involving:
the project result in:
a) Local fault rupture? (568)
❑
❑
10
a) Increased vehicle trips or traffic congestion beyond adopted
policies and/or forecasts? (568)
❑
El -
23
b)Seismicity. ground shaking or liquefaction? (568)
❑
❑
b) Exceed, either individually or cumulatively, a level of service
e) Have soils incapable of adequately supporting the use ofseptic
❑
❑
®
standard established by the county congestion management agency
❑
❑
tanks or alternative waste water disposal systems where servers are
for designated roads or highways? (568)
not available for the disposal of waste water? (568)
c) Safety hazards from design features (e.g, sharp curves or
d) Landslides or mudslides? (568)
❑
❑
®
dangerous intersections) or incompatible uses (e g farm
❑
❑
equipment)? (568)
c) Erosion, changes in topography or unstable sod conditions from
❑
❑
excavation, grading or fill? (568)
d) Inadequate emergency access or seems to nearby uses? (568)
9 Subsidence of the hand? (568)
❑
❑
®
e) Insufficient parking capacity on -site or off -site? (568)
❑
❑
g) Expansive soils? (568)
❑
❑
®
f) Hazards or barriers for pedestrians or bicyclists? (568)
❑
❑
h) Unique geologic or physical features? (568)
❑
❑
19
1 of3
to �q
ENVIRONMENTAL ANALYSIS CHECKLIST
New blore No Suhsdnbal
Sigmficant Severe Change From
ISSUES & SUPPORTING DATA SOURCES: ImPaetr Impacts Previous Analysis ISSUES & SUPPORTING DATA SOURCES:
New
Significant
Impam
Mom
Severe
Impacts
No Svbstantial
Change From
Previous Analysis
g) Conflicts with adopted policies supporting alternative transportation
11. AESTHETICS. Would the project:
(e.g. bus turnouts, bicycle racks)? (568)
❑
❑
h) Rail, walerlwme or air trade impacts? (568)
❑
❑
El
a) Affect a scenic vista or view open to the public? (568)
❑
❑
b) Affect adesignated scenic highway? 568
❑
❑
it Change in air traffic patterns, including eitheran increase in traffic
levels or a change in location that results insubstantial safety risks?
❑
El
®
c) Substantially degrade the existing visual character or quality of
El
El
19
(568)
the site and its surroundings? (568)
d) Create light or glare beyond the physical limits of the project
❑
❑
IR
8. AIR QUALITY. Would the project:
site? (568)
a) Exceed any SCAQMD standard or contribute to air quality
❑
❑
®
12. CULTURAL/SCIENTIFIC RESOURCES.
determination beyond projections of SCAQMD? (568)
Would the project:
b) Expose sensitive population groups to pollutants in excess of
❑
❑
®
a) Disturb archaco or palco resources? (568)
acceptable levels? (568)
❑
❑
c) Alter air movement, moisture, or temperature, or rouse any change
b) Affect historical resources? (568)
❑
El
in climate? (568)
❑
❑
®
c) Have the potential to cause a physical change which would of act
❑
❑
ID
unique ethnic cultural valuca7(568)
d) Create objectionable odors affecting a substantial number of
❑
Elpeople?
(568)
13. RECREATION. Would project:
9. NOISE. Would the project:
a) Increase the use of existing neighborhood and regional parks or
❑
❑23
other recreational facilities such that substantial physical
a) Increase existing noise levels?(568)
❑
❑
®
deterioration of the facility would occur or be accelerated?
b) Expose people to noise levels exceeding adopted County standards?
(568)
❑
❑
®
b) Include recreational facilities or require the construction or
expansion of recreational facilities which might have an adverse
❑
El
10
c) If located within an airport land use plan or, where such plan has
❑
❑
®
physical eRcct on the environment? (568)
not been adopted, within two miles of a public airport or public use
c) Conflict with adopted recreational plans or policies? (568)
airport, expose people residing or working in the project area to
❑
❑
excessive noise levels? (568)
14. MINERAL RESOURCES. Would the project:
10. BIOLOGICAL RESOURCES.Would the project
a) Result in the loss of availability of a known mineral resource that
❑
❑
impact:
would be of valet to the region and the residents of the state?
(568)
a) Endangered, threatened orrare species or lheirhabitaB(including
❑
❑
®
but not limited to plants, fish, insects, animals and birds)? (568)
b) Result in the loss of availability of a locally -important mineral
❑
❑
resource recovery site delineated on a local general plan, specific
b Locally designated s
y gna species (e g. heritage trees)? (568)
❑
❑
®
plan or other land use plan? (568)
c) Locally designated natural communities(e g oak forest, coastal
❑
❑
®
15. HAZARDS. Would the project:
habitat, etc.)? (568)
d Weiland habitat e. mars riparian and vernal
(& h.pool)?
a) Create a hazard to the public or the environment through the
❑
❑
❑
❑
®
routine transport, use, or disposal of hazardous materials?
e) Wildlife dispersal or migration corridors?(569)
❑
❑
(568)
f) conservation policies (e.g.
❑
❑
®
b) Create a hazard the public or the environment through
foresecable
❑
❑
Conseil
Community Resource Platuml
Community Conservation Plan or Resource Management Plan)y
reasonably a upset and accident conditions involving
the release of hazardous materials into the environment?
(568)
(568)
e) Emit hazardous emissions or handle hazardous or acutely
❑
❑
hazardous materials, substances, or waste within one -quarter mile
of an existing or proposed school? (568)
of 3
ENVIRONMENTAL ANALYSIS CHECKLIST
N. More No Substantial New More No Substantiat
signiMeml Severe Change From Sgnifinnt severe Change From
ISSUES & SUPPORTING DATA SOURCES:
Impacts Impacts I'mviom Anabsis ISSUES &SUPPORTING DATA SOURCES: lmpacls Impacts Previous Anabsts
d) Expose people to existing sources of health hazards? (568)
c) If located within an airport land use plan or, where such plan has
not been adopted, within two miles of a public airport or public use
airport, result in a safety hazard for people raiding or working in
the project areal (568)
I) If located within the vicinity of a private airstrip, result in a safety,
hazard for people residing or working in the project area? (568)
g) Impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan? (568)
PUBLIC SERVICES. Would project result in
❑
❑
❑
❑
❑
❑
❑
❑
®
®
®
c) Dom the project have possible environmental effects which
are individually limited but cumulatively considerable?
("cumulatively considerable" means that the incremental
effects of an individual project are considerable when
viewed in connection with the effects ofpasl projects, the
effects of other eurrentprojects, and the effects of probable
future projects.)
d) Does project have environmental efects which will cause
substantial adverse effects on human beings, either directly
or indirectly?
❑ ❑
❑ ❑
Choose one of the following:
need(s) for new/altered government facilitialservices in:
DETERMINATION:
a) Fire pmtection7(568)
❑
❑
®
Based upon the evidence in light of the whole record documented in
the attached environmental checklist explanation, tiled incorporations
b) Police protection? (568)
El
El
to
and attachments, I End that the proposed project:
c) Schools? (568)
has previously been analyzed as part of an earlier CEQA document
❑
❑
®
(which either mitigated the project or adopted impacts pursuant to
d) Maintenance of public facilities, including roads? (568)
❑
❑
®
findings) adopled(certified pursuant to Stale and County CEQA
Guidelines. The proposed project is a component of the whole action
e) Other gavemmenl services? (568)
❑
❑
analyzed in the previously adopled/cenificd CEQA document.
has previously been analyzed as part of an earlier CEQA document
17. UTILITIES& SERVICE SYSTEMS. would
(which ether mitigated the project or adopted impacts pursuant to
❑
project result in needs for new or substantial alterations
findings) adoplcd/ecrtifred pursuant to Stale and County CEQA
in:
Guidelines. Minor additions and/or clarifications are needed to
make the previous documentation adequate to cover the project which
a) Power or nattiest gas? (568)
❑
❑
®
are documented in this addendum to the earlier CEQA document
(CEQA §15164).
b) Communications systems? (568)
❑
❑
has previously been analyzed azpan of an earlier CEQA document
(which either mitigated the adopted impacts to
❑
c) Local or regional water treatment or distribution facilities?(568)
❑
❑
®
project or pursuant
findings) adopted/ecrtificd pursuant to Stale and County CEQA
or septic tanks? (568)
❑
El
®
Guidelina.However, there is important new information and/or
•d)Sewer
substantial changes have occurred requiring the preparation of an
e) Solid waste disposall(568)
❑
El®
additional CEQA document (ND or EIR) pursuant to CEQA
Guidelines Sections 15162 through 15163.
Signature:
MANDATORY FINDINGS.
a) Does the project have the potential to degrade the quality of the ❑ ❑ ®
Planner: Lyn Ahrens
environment, substantially reduce the habitat of a fish or wildlife
Environmental & Project Planning Division
population to drop below self sustaining levels, threaten to eliminate
Telephone: (714) 834-5154
a plant or animal community, reduce the number orreslnct the
range of a rare orendangered plant or animal, oreliminate
N07L' All referencedond/oriicorporateddocumenrs maybe
important examples of the major periods ofCalifomia history or
reriewed by appointment only, at the County of Orange Planning &
prehistory?
Development Services Department, 300N. Flower Street, Santa Ana,
Cal forma, an/etc orherwire spec fed. An appointment can be made
b) Dom the project have the potential to achieve time short-term ❑ ❑ ®
by contacting the CEQA Contact Perron identfedabove.
environmental goals to the disadvantage of the long-term
environmental goals?
Initial
0
ATTACHMENT 2
Environmental Analysis for:
Newport Coast, 33 Homes,
Initial Study PA 990042/Previous EIR 568
Coastal Development Permit PA 990042;
Tentative Tracts 15586
Newport Coast Planned Community -Planning Areas 3A-2 & 3B
Introduction
The project, the establishment of 33 single family dwelling lots in the Newport Coast Planned Community, Planning
Areas 3A-2a, 2b, 2c and Tentative Tract (TT) 15586, requires the approval of a Coastal Development Permit/Initial
Study (Planning Application [PA] 990042).
Planning Area (PA) 3A-2a, 2b, 2c consists of 202 acres of land, which has been partially graded and used as a
borrow site for development of PA3A-1. Approval of TTM 15586 will entitle 325 single family.residential lots, one
lot (326) to be developed as a park, one lot (327) for a pump station, one lot (328) as a guard gate, 27 lots (A-Z,
EEE) for open space, 27 lots as private streets and 3 lots for fuel modification. This initial study will consider the
following as the project proposal:
• Development of Phase IV-2, Planning Areas 3A-2a, 2b, 2c including modifications to the boundaries
between Development Sub -Areas;
• TT 15586, 325 for residential single family dwellings; 27 lots for private streets, 27 lots for open space, 3
lots for fuel modification, 1 lot for a pump station and 1 lot for a guard gate. Approval of TT 15586 will
include deviations to site development standards for the private street lots,
The scope of this Initial Study will be to determine if previously prepared Final EIR 568 (hereinafter FEIR 568),
environmental documentation prepared for discretionary action Master Coastal Development Permit, 61s
Amendment (PA 970133), adequately addressed, potential environmental impacts resulting from the proposed
project. Final EIR 568, which amended previously approved Coastal Development Permits for Planning Areas 3A-
2, 3B, 12B and 14 was certified as final and adequate on May 5, 1998.
The proposed project site is located on the Newport Coast, northeasterly of Pacific Coast Highway and the Pacific
Ocean, northwesterly of the City of Laguna Beach, southeasterly of the City of Newport Beach and south of the San
Joaquin Hills Transportation Corridor. The project is in the Fifth Supervisorial District. (See attached exhibits)
CEQA Background:
The CEQA Guidelines (Cal. Code of Regulations §15000 et seq.) authorize the use of an Initial Study for the
purpose of determining whether a previously prepared EIR can be used for a project (CEQA Guidelines
§15063(c)(7)). This document will analyze each topical area for disclosure of any new or more severe impacts not
previously anticipated.
Section 21166 of the California Environmental Quality Act (CEQA, Pub. Res. Code §21000, et seq.) sets the
standard to determine whether another EIR should be prepared when an original EIR has been prepared. Section
21166 states:
"When an environmental impact report has been prepared for a project pursuant to this division, no
subsequent or supplemental environmental impact report shall be required by the lead agency or by any
responsible agency, unless one or more of the following events occurs:
(a) Substantial changes are proposed in the project, which will require major revisions of the
environmental impact report.
NENPORT COASTPLANNED COMMUNITY PA 990042
PLANNING AREAS 3A-2 & 3B Page 1
•
(b) Substantial changes occur with respect to the circumstances under which the project is
being undertaken which will require major revisions in the environmental impact report.
(c) New information, which was not known and could not have been known at the time the
environmental impact report was certified as complete, becomes available."
Section 21166 is further explained in the CEQA Guidelines at § 15162, in the following language;
"(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall
be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the
light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the
previous EIR or Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is
undertaken, which will require major revisions of the previous EIR or Negative Declaration due
to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
(3) New information of substantial importance which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR was certified
as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
(C) Mitigation' Measures or alternatives previously found not to be feasible would in
fact be feasible, and would substantially reduce one or more significant effects of the
project, but the project proponents decline to adopt the mitigation measure or
alternative; or
(D) Mitigation measures or alternatives which are considerable different from those
analyzed in the previous EIR would substantially reduce one or more significant effects
on the environment, but the project proponents decline to adopt the mitigation measure
or alternative.
(b) If changes to a project or its circumstances occur or new information becomes available after adoption of
a negative declaration, the lead agency shall prepare a subsequent EIR if required under subsection (a).
Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an
addendum, or no further documentation.
(c) If the project was approved prior to the occurrence of the conditions described in the subsection (a), the
subsequent EIR or negative declaration shall be prepared by the public agency, which grants the next
discretionary approval for the project. In this situation no other Responsible Agency shall grant an
approval for the project until the subsequent EIR -has been certified or subsequent negative declaration
adopted.
(d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as
required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state
where the previous document is available and can be reviewed."
The key to §21166 and §15162 is to determine if any circumstances have changed dramatically enough to justify
repeating a substantial portion of the environmental documentation process.
NEWPORT COAST PLANNED CODUUNITY PA 990042
PLANNING AREAS 3A-2 & 3B Page 2
Based upon the foregoing information, it was determined that Final Program FEIR 568, which was prepared under
the authority of the California Environmental Quality Act (CEQA) adequate in addressing environmental impacts
resulting from the proposed project.
The proposed project does not raise important new issues about the significant effects on the environment. There is
no substantial evidence that the project, as mitigated by the mitigation measures required within the program EIR
568, would have a significant adverse effect on the environment (§ 15070).
Finally, FEIR 568 was certified as a Program EIR for the development Newport Coast Planned Community, Phase
IV-2, in connection with earlier approvals. The certification of a Program EIR is a recognition of the continuing
utility of such a document for later approvals. The Program EIR approach specifically provides for those types of
exhaustive analyses that result in programs for environmental mitigation that can be carried out through the life of a
project. The programs of mitigation measures are drafted in such a way as to insure the integrity of the
environmental parameters set by the original EIR and associated findings.
The §21166 test provides evidence under state law on the question of whether a new environmental document is
necessary. This test is a tangible one, and does not challenge the age of a document, only provides the criteria to test
its continuing accuracy and utility.
This project is covered by previously certified EIR 568 which serves as a program EIR for the Newport Coast
Planned Community, Phase IV-2. Resolution No. 98-04, of the Planning Commission stated that EIR 568 is
adequate in addressing the Newport Coast, Phase IV-2 project (Newport Coast Master Coastal Development Permit,
6'" Amendment).
Legislative Intent Of CEQA:
The Legislature's intentions in enacting the California Environmental Quality Act are identified in the Public
Resources Code, Chapter 1. Policy of Division 13. CEQA emphasizes the following:
It is the intent of the Legislature that all agencies of the state government which regulate activities of
private individuals, corporations, and public agencies, affecting the quality of the environment, shall
regulate such activities so that major consideration is given to preventing environmental damage, while
providing a decent home and a satisfying living environment for every Californian. (Section 21000(g) of
the CEQA Statute.)
In accordance with Sec. 15063 an Initial Study was completed on the subject project by the Environmental Planning
Division (EPD) and it Was determined that EIR 568 adequately analyzed the previously approved project, Newport
Coast Master Coastal Development Permit, 6's Amendment (PA 970133). The proposed project, PA 990042,
proposes no subsequent changes, and that no substantial changes have occurred with respect to the circumstances
surrounding the project, and that no new information that would substantially affect the validity of the EIR has
become available.
Background Of Environmental Approvals and Documentation:
Discretionary actions have been approved for proposed development and open space preservation within the
Newport Coast Planned Community. The following summarizes the previous discretionary actions and the
associated environmental documents, which are herewith incorporated by reference to this initial study:
ATTACHMENT A
Documents Referenced in Preparation of this EIRr
r These documents are available for public inspection at the County of Orange Planning and
Development Services Department, Environmental and Project Planning Services.
NEWPORTCOASTPLANNED COMMUNfry PA 990042
PLANNLNGAREAS 3A-2 & 3B Page 3
• II
Date
Document
Relationship to Proposed Project
1976-79
Irvine Coastal Community
Irvine Coast maximum residential build out - 12,000 DUs.
General Plan Amendment, Final
Acted as County General Plan and proposed as first coastal LCP
EIR No. 134.
to Coastal Commission.
1982/
Irvine Coast Local Coastal
1" Irvine Coast Local Coastal Program (LCP) - Maximum
1983
Program 80-4/Land Use
residential build out, 2,000 units, included other land uses,
Element Amendment 80-4,
development policies, and regulations.
Supplemental EIR No. 237; LCP
Implementation Action Plan.
1987/
Irvine Coast Local Coastal
Established a maximum residential build out of 2,600 units, land
1988
Program, 1" Amendment
uses, intensity of use, development policies, and regulations.
1988/
FEIR No. 486, Irvine Coast
Serves as an implementing mechanism for the Irvine Coast LCP.
1996
Planned Community
Addressed impacts based on build out of project pursuant to the
DevelopmentAgreement.
1988 LCP and Development Agreement.
Addendum for Development
Agreement I" Amendment.
4988
FEIR No. 485, Irvine Coast
Addressed environmental impacts of backbone infrastructure,
Planned Community Master
roadways, and subdivision of 2,813 acres, evaluating 23 of 44
Coastal Development Permit
Master CDP land use planning areas. EIR analysis including
MCDP 88-11P and Testing "A"
PAs 3A, 3E, and 14; FEIR 485 did not address specific
Tentative Tract Map No. 13337.
development proposals for residential, tourist commercial, or
golf course development.
1989
Final EIR No. 511, Irvine Coast
Evaluated construction level impacts for I I individual projects
Planned Community, Phase I.
in addition to the realignment of Lower Loop Road. Included
PAs 3A, 313, 14.
1989
Refined Master Drainage and
Recommended backbone drainage improvement system for the
Runoff Management Plan
NCPC. Drainage and sedimentation control measures are
(RMDRMP)
included as part of each subsequent development project within
the MCDP/NCPC. The RMDRMP is the master improvement
plan from which subsequent site specific storm runoff manage-
ment plans for NCPC development areas are derived
1994
Addendum to FEIR No. 511-
Site Development Permit to allow mass grading in PA 3A and
PA 940113 Site Development
for a borrow site (in PA 313) in an area previously analyzed for
Permit/Wishbone Hill Grading
development.
1995
Mitigated Negative Declaration
Negative Declaration to address amendment to County Master
No. IP-100, Transportation
Plan of Arterial Highways (MPAH), which included removal of
Element Amendment95-1
Sand Canyon Avenue from its existing terminus just north of
PCH to the San Joaquin Hills Transportation Corridor (SJHTC),
and deleted the interchange of Sand Canyon Avenue at the
SJHTC.
1996
2n4Amendment to the Newport
The LCP 2nd Amendment modified the LCP by adjusting
Coast Local Coastal Program
planning area and open space boundaries adjacent to Crystal
Land Use Plan and
Cove State Park. The 2"d Amendment increased the maximum
Implementing Ordinance for the
number of dwelling units allowed in certain planning areas,
Newport Coast Planning Unit
without changing the maximum allowable number of residential
units, (2,600 total dwelling units).
1996
Natural Community
Addressed NCCP/HCP for Central/Coastal Orange County.
NEWPORT COAST PLANNED COMMUNITY PA 990042
PLANNING AREAS 3A-1 & 3B Page 4
Date
Document
Relationship to Proposed Project
Conservation Plan and Habitat
Plan includes 37,000-acre reserve system, authorizes incidental
Conservation Plan Joint
take of coastal sage scrub, and provides regulatory coverage for
Programmatic FEIR No.
39 individual species. The proposed project site is not within the
5S3/FEIS96-26NCCP/HCP)
NCCP Reserve since the site was master planned for
development. Mitigation measures in FEIR 511 and FEIR
5531FEIS 96-26 (NCCP) pertain to project impacts to coastal
sage scrub were applied in EIR. 568.
1996
Addendum to Final EIR No. 553
Addressed proposed amendments to the Central and Coastal
for the County of Orange
NCCP/HCP to reflect resulting revisions to the 2"d Amendment
Central and Coastal Subregion
to the Newport Coast LCP
NCCP/HCP
Addendum PA 970046 to EIR No.
A modified development plan for one-half of Planning Area 3A,
1997
511
known as Development Area (DA) 3A-1.
1997
Settlement Agreement between
Establishes maximum dwelling units by planning area and
The Irvine Company, Friends of
various other restrictions on development, which is reflected in
the Irvine Coast, Laguna
the proposed project.
Greenbelt, Inc., and Stop
Polluting Our Newport
The following is the analysis of the subject proposal and compilation of pertinent mitigation measures derived from
EIR 568, approved and adopted for the Newport Coast, Phase IV-2 project (Newport Coast Master Coastal
Development Permit, 6 h Amendment).. These mitigation measures have been updated to reflect the latest
requirements of CEQA in addition to County ordinances, policies and guidelines.
NENPORTCOASTPLANNEDCOMMUNITY - PA990041
PLANNING AREAS 3A-1 & 3B Page 5
Analysis oflmpacts/Mitlgations:
1. LAND USE AND PLANNING, a through e, No Impact Beyond FEIR No. 568
The proposed project is consistent with and in conformance with General Plan and its implementing
documents. The General Plan, Land Use Element designation is 1B, Suburban Residential Community. The
Community Profile designation is 1.4, Medium Density. The project is not in conflict with zoning or general
plan designations nor does it conflict with existing, or planned land uses. Planning Areas 3A-2a, 2b, 2c are
designated for medium density residential development according to the Newport Coast Community
Development Plan and the project area is currently being developed for residential uses.
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions concluded in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed
project.
Mitigation Measure #1
So as to avoid a de facto increase in dwelling units within the project, owners of guest or
caretaker units constructed in PAs 3A and 3B will be prohibited from renting those units
(except to family members of owners), through CC&Rs to be recorded on those PAs. This
kPA will be verified through submittal of evidence that the proposed CC&Rs contain this
prohibition to the Manager, PDSBuilding Inspection Services prior to certificates of use and
occupancy for PAs 3A-2a, 2b, 2c.
2. POPULATION AND HOUSING, a, b and c, No Impact Beyond FEIR No. 568
The proposed project will not cumulatively exceed adopted regional or local population projections, neither
will it induce substantial growth in an undeveloped area or extension of major infrastructure or displace
existing housing. The project proposes the development and construction of 325 single family residential
dwelling units with private streets and a guard gate setting. The project also includes Tentative Tract Map
15568.
In accordance with the Newport Coast Planned Community and Orange County Affordable Housing
Program, the applicant proposes to make 92.8 percent of the apartments (208 units) available to renters in
"Low" affordable range. Under current County affordable guidelines (effective to July 1, 1996), the "Low"
range would have apartments available with rents at no more than $1,142 per month for renters with
household incomes not exceeding $45,685 per year (which is a figure equal to 80 percent of the County
median income).
The proposed project, the development of Newport Coast, 33 single family dwellings will not affect adopted
regional or local population projections beyond EIR 568 projections. Neither will it induce substantial
growth in an undeveloped area, extension of major infrastructure or displace existing housing. No mitigation
measures are warranted.
3. GEOPHYSICAL, a through h, No Impact Beyond FEIR No. 568
The project grading in PA 3A-2a, 2b, 2c will create significant permanent cuts and fills of 50 feet or greater
in a number of locations. Project grading in PA 12B along the northern boundary of PA 313 resulted in
elevation changes greater than 100 feet along graded slopes. These significant impacts can be minimized
through requirements of previous approvals, standard conditions and incorporating sensitive project design.
However, these impacts will not be eliminated. A Statement of Overriding Consideration was adopted
during the approval and certification process for FEIR 568. There will not be a significant change in
topography or ground surface relief features beyond that already addressed in EIR 568. The project area has
been partially rough graded and used as a borrow site in preparation for future development, Grading Permit
No. GA 940056 (a reissue of Grading Permit No. GA90-09260001). TTM 15568 proposes 5,200,000 cubic
yards of cut and 5,200,000 cubic yards of fill.
NEWPORT COASTPLANNED COMMON= PA 990042
PLANNING AREAS 3A-1 & 3B Page 6
Project impacts compared to impacts described in EIR No. 568
Establishment, including grading, of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change
any of the analysis or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the
proposed project.
Mitigation Measure #3
Grading plans for the proposed project shall be in conformance with the LCP Land Use Plan Grading
Policies Section I-3-L. The Manager, County of Orange Planning and Development
Services/Subdivision and Grading will verify this RPA, prior to issuance of grading permits
Mitigation Measure #4
Prior to the issuance of any grading permits, if review of the grading plan for this property by the
Manager, Subdivision and Grading indicates significant deviation from the proposed grading
illustrated on the approved tentative tract map, specifically with regard to slope heights, slope ratios,
and pad evaluations and configuration, the plan shall be reviewed by the Subdivision Committee for
finding of substantial conformance. Failure to achieve such a finding will require processing a revised
tentative tract map or, if a final tract/parcel map has been recorded, a new tentative tract/parcelmap or
a site development permit application per Orange County Zone Code Section 7-9-139 and 7-9-150
(Standard Condition G2).
Mitigation: Measure #5
Prior to the issuance of a grading permit, the applicant shall submit a geotechnical report to the
Manager, PDS/Subdivision and Grading Services, for approval. The report shall include the
information and be in a form as required by the Grading Manual (Standard Condition GI). Grading
plans shall incorporate all pertinent recommendations of the geological and soil engineer reports. The
soils engineer and engineering geologist must certify the suitability of a graded site prior to clearance
for issuance of a building permit
Mitigation Measure #6
Stability: Prior to the issuance of permits for grading, final geotechnical review of the grading plan
will be completed. The stability of proposed slopes will be confirmed during that review. All design
slopes will meet the minimum factor of safety of 1.5 for the static case and 1.1 for the pseudostatic
case.
The stability of temporary slopes shall be analyzed during final grading design, and remedial
treatments will be provided on a case by case basis. Very deep trench or wall excavations may require
analysis by the soil engineer and/or shoring engineer. This measure will be verified by the Manager,
PDS/Subdivision and Grading Services, during grading plan check and prior to issuance of grading
permit(s).
Mitigation Measure #7
Expansive Soil: During design and grading, expansive soils shall not be placed (or left) at or near
final grades unless special design and construction procedures to offset the effects of such soils are
planned. During grading operations, soil placement shall be supervised by the project's geotechnical
engineer. This measure will be verified by the Manager, PDS/Subdivision and Grading Services,
during grading plan check and prior to issuance of grading permit(s).
Mitigation Measure #8
Upon recommendation by the project geotechnical engineer, canyon subdrain systems shall be
constructed in all canyons and tributary drainages where fills area proposed. Subdrainage shall also be
provided in all slope buttresses, stabilization fills, and shear keys. This measure will be verified by the
Manager, PDS/Subdivision and Grading Services, during grading plan check and prior to issuance of
grading permit(s).
NEWPORT COASTPLANNED COMMUNITY PA 990041
PLANNING AREAS M-1 & 3B Page 7
•
Mitigation Measure #9
Prior to the recordation of the fast final tract/parcel map or issuance of the first grading permit for
projects located immediately adjacent to or including portions of regional parks, significant open space
corridors, or other environmentally sensitive areas, the project proponent shall provide evidence
acceptable to the Manager, Subdivision and Grading Services, in consultation with the Manager,
HB&P/Program Planning, that graded areas will be compatible with natural land characteristics of the
adjacent areas. Treatment to achieve the desired effect shall include:
a. Smooth and gradual transition between graded slopes and existing grades using variable slope
ratios (2:1 to 4:1).
b. Contour grading such as the rounding and contouring of plane edges and the varying of height and
inclination of manufactured slopes to produce a more natural appearing earthwork.
c. Urban Edge Treatment/Landscaping Plan(s) for all graded areas adjacent to open space; and
d. Incorporating architectural and design techniques into the project in order to enhance off -site
views attained from within parks and other environmentally sensitive areas.
Mitigation Measure #10
Contour grading techniques will be used whenever possible along PCH, Crystal Cove Drive, and Reef
Point Drive, as well as along the interior private streets to achieve the appearance of gradual natural
slopes. All grading activities will be completed in a manner consistent with the Orange County
Grading and Excavation Code and Grading Manual, and the policies of the Newport Coast
LCP Second Amendment, Land Use Planning Grading Policies, Section I-3-L. All manufactured
slopes supporting future residential pads will be compacted to achieve a County of Orange Safety
Standard Factor of 1.5 (MCDP Sixth Amendment - Master Grading Plan, page II-9).
The Manager, County of Orange, Planning and Development Services/Subdivision and Grading will
verify this RPA, as part of the plan check process. Project grading plans will be approved prior to
issuance of grading permits.
4. WATER, a through h, No Impact beyond FEIR No. 568
Under the Hydrology and Water Quality section of EIR 568 impacts were identified. These impacts were
analyzed in the Newport Coast Phase IV-2, Hydrology Analysis, prepared by John M. Tettemer & Associates
(February, 1998). This report is provided in FEIR 568, Appendix C. Additionally, the 1989 Refined Master
Drainage and Runoff Management Plan (RMDRMP), which established engineering design for runoff
management policies in the LCP for the NCPC, was revised to include the Phase IV-2 area.
During the construction phase of the project, the applicant shall comply with Best Management Practices
outlined in the National Pollution Discharge Elimination System (NPDES) Stormwater Regulation.
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project.
The following requirements of previous approval and EIR 568 mitigation measures will ensure that potential
impacts will be mitigated to a level of insignificance.
Mitigation Measure #11
The 1989 Refined Master Drainage and Runoff Management Plan (RMDRMP) details engineering strategies
to implement Local Coastal Program (LCP) runoff management policies for the Planned Community. The
RMDRMP is required by the Newport Coast LCP First and Second Amendments. Development approval
for each project within the Planned Community is conditional upon implementation of RMDRMP required
improvements (John M. Tettemer & Associates, 1997). The Hydrology Report (Appendix C) provides a site
specific storm drain system to implement LCP policies for the Phase IV-2 site.
NEWPORT COAST PLANNED COMMUN17Y PA 990042
PLANNING AREAS 3A-2 & 3B Page 8
The Phase IV-2 design specific runoff management strategy reduces peak storm runoff via two permanent
and two temporary detention basins, as well as drainage diversions to protect coastal terraces in Crystal
Cove State Park (refer to PDFs I and 2 in Chapter 3.0). Peak 100 year storm flows from the culverts under
Pacific Coast Highway will be significantly reduced to rates below pre -development peak rates due to these
diversions, with the exception of the Muddy Canyon culvert. Portions of the 100 year peak runoff from
Watersheds B and C, and all of the runoff from Watersheds D and E, will be directed to Muddy Canyon just
upstream of the PCH culvert via an underground pipeline and the two temporary detention basins along
PCH. Although the tributary drainage areas and runoff rates are greater at the Muddy Canyon culvert due to
the redirection of flows in the post -development condition, the increased rate is within ten percent above the
pre -development discharge of the 100 year storm event, as allowed by the LCP
Mitigation Measure #12
A. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes
only) or prior to the issuance of any grading permits, whichever comes first, the applicant shall in a
manner meeting the approval of the Manager, Subdivision and Grading:
1. Design provisions for surface drainage;
2. Design all necessary storm drain facilities extending to a satisfactory point of disposal for the
proper control and disposal of storm runoff, and
3. Dedicate the associated easements to the County of Orange, if determined necessary.
B. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes
only) or prior to the issuance of any certificates of use and occupancy, whichever occurs first, said
improvements shall be constructed in a manner meeting the approval of the Manager, Construction
(County Standard Condition D2).
Mitigation Measure #13
Prior to issuance of any grading permits, the applicant shall submit evidence to the Manager,
Subdivision and Grading, that the applicant has obtained coverage under the NPDES statewide General
Stormwater Permit for Construction Activities from the State Water Resources Control Board (County
Standard Condition WQ4).
Mitigation Measure #14
Prior to issuance of precise grading or building permits, whichever comes first, the applicant shall
submit to and obtain approval from Manager, Subdivision and Grading, of a Water Quality
Management Plan (WQMP). A plan shall be submitted for each development project, specifically
identifying Best Management Practices (BMPs) that will be used on site to control predictable
pollutant runoff. This WQMP shall identify the routine structural and non-structural measures
specified in the Countywide NPDES Drainage Area Management Plan (DAMP) Appendix, which
details implementation of BMPs whenever they are applicable to a project and the assignment of long-
term maintenance responsibilities (specifying the developer, parcel owner, maintenance association,
lessee, etc.), and, shall reference the location(s) of structural BMPs. Prior to issuance of a grading
permit, a Notice of Intent (NOI) to comply with provisions of the State Water Resources Control
Board's General Construction Activity Storm Water Pollution Prevention Plan (SWPPP) will be
prepared by a registered civil engineer and will be available on site throughout construction activities
(Standard Condition WQl, as modified).'
5. TRAFFIC AND CIRCULATION, a through g, No Impact beyond FEIR No. 568
Within the Impact Section of Traffic and Circulation of EIR 568 impacts were identified. A Traffic Analysis
was prepared by Austin -Foust Associates, Inc., January, 1998. The complete report is provided in FEIR 568,
Appendix D. The proposed project would generate additional vehicular movement since the project site is
currently undeveloped, however, not beyond that already addressed in EIR 568.
NEWPORT COAST PLANNED COMMUNITY PA 990042
PLANNING AREAS 3A-2 & 3B POge 9
r�
The project site is located in unincorporated Orange County, east of Pacific Coast Highway (PCH) and
southeast of Newport Coast Drive (NCD) Direct access to the site is provided by PCH, a six -lane major
arterial highway. Two gated entries provide access to the project site at Crystal Cove Drive (formerly Sand
Canyon Avenue) and Reef Point Drive. Both of these entries are signalized at the PCH intersection..
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project.
The following Requirements of Previous Approvals (RPAs), County of Orange Standard Conditions and
FEIR 568 mitigation measures will ensure that potential impacts will be mitigated to a level less than
significant.
Mitigation Measure #15
Prior to the recordation of a subdivision map, the subdivider shall release and relinquish vehicular
access rights to all arterial highways to the County of Orange, except for access locations approved by
the County of Orange, and notes to this effect shall be lettered on the final map and approved by the
Manager, Subdivision and Grading (County Standard Condition TI).
Mitigation Measure #16
Prior to the recordation of a subdivision map (except maps for financing and conveyance only), the
subdivider shall place a note on the map that states:
"The private streets constructed within this map shall be owned, operated, and maintained by the
developer, successors, or assigns. The County of Orange shall have no responsibility, therefore, unless
pursuant to appropriate sections of the Streets and Highways Code of the State of California, the said
private streets have been accepted into the County Road System by appropriate resolution of the
Orange County Board of Supervisors" (County Standard Condition T2).
Mitigation Measure #17
A. Prior to the recordation of each subdivision map (except maps for financing and conveyance
only), the subdivider shall submit to the Manager, Land Use Planning, for review and approval,
a procedure or method that will ensure that each proposed building site will have a guaranteed
right of vehicular and pedestrian ingress and egress access from each building site to a publicly
maintained street. The approved procedure or method shall be lettered/shown on the
subdivision map.
B. Prior to the issuance of any building permits, the applicant shall produce evidence acceptable to
the Manager, Land Use Planning, that legal, practical access exists from the development site to
a publicly maintained street (County Standard Condition T3).
Mitigation Measure #18
Prior to the recordation of a subdivision map (except maps for financing and conveyance only), the
subdivider shall design and construct the following improvements in accordance with plans and
specifications meeting the approval of the Manager, Subdivision and Grading:
A. Streets, bus stops, on -road bicycle trails, street names, signs, striping, and stenciling.
B. The water distribution system and appurtenances, which shall also conform to the application
laws and adopted regulations enforced by the County Fire Chief.
C. Underground utilities (including gas, cable, electrical, and telephone), street lights, and
mailboxes (County Standard Condition T4).
Mitigation Measure #19
Prior to the issuance of any grading permits, the applicant shall provide adequate sight distance at all
street intersections per Standard Plan 1117, in a manner meeting the approval of the Manager,
NENPORTCOASTPLANNED COMMUNITY PA 990042
PLANNING AREAS 3A-1 & 3B Page 10
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Subdivision and Grading Services. This includes any necessary revisions to the plan such as removing
slopes or other encroachments from the limited use area (County Standard Condition T7).
Mitigation Measure #20
A. Prior to the recordation of a subdivision map or the issuance of any building permits,
whichever occurs fast, the subdivider shall provide plans and specifications meeting the
approval of the Manager, Subdivision and Grading, for the design of the following
improvements:
1. Internal street/common private drive system.
2. Entrance to the site to emphasize that the development is private by use of signs and other
features.
B. Prior to the issuance of any building permits, the applicant shall construct the above
improvements in a.manner meeting the approval of the Manager, Construction.
C. Prior to the recordation of a subdivision map or the issuance of any building permit, the
subdivider shall provide plans meeting the approval of the Manager, Subdivision and
Grading Services, for the design of the internal pedestrian circulation system within the
development (County Standard Condition Tit)
Mitigation Measure #21
Prior to the recordation of a subdivision map, the applicant shall place a note on the final map and
show a two-way reciprocal access and parking easement to all parcels within the map, in a manner
meeting the approval of the Manager, Subdivision and Grading (County Standard Condition T15).
Mitigation Measure #22
The construction contractor shall be responsible for coordination of public traffic to eliminate hazards
and minimize traffic delays near the project site and construction access routes. A haul route plan'shall
be included with the construction plans such that large trucks and other construction vehicles and
equipment shall not travel through residential neighborhoods in the project vicinity. This mitigation
measure shall be verified by the Manager, Subdivision and Grading, prior to issuance of grading
permit(s).
6. AIR QUALITY, a through d, No Impacts beyond FEIR No. 568
The project site is located in a non -attainment area in which any project that contributes emissions to the
South Coast Air Quality Basin has a cumulative impact on the air quality of the Basin. The Inventory of
Unavoidable Adverse Impacts in EIR 568 identified Unavoidable Adverse Project and Unavoidable Adverse
Cumulative Air Quality Impacts. These identified impacts were due to 1) short-term construction emissions
from airborne dust and emissions from heavy equipment, and 2) long-term regional emissions of CA, ROC,
and NOx. Since the project site is located in South Coast Air Quality Basin, which is a non -attainment area,
the project contributes to regional long-term cumulative impacts. These significant impacts can be minimized
through application of Requirements of Previous Approvals, Standard Conditions and FEIR 568 Mitigation
Measures. However, these impacts will not be eliminated. A Statement of Overriding Consideration was
adopted during the approval and certification process for FEIR 568. There will not be a significant change
beyond that already addressed in EIR 568. The following Mitigation Measures, Standard Conditions, and
Requirements of Previous Approvals will ensure that impacts will bereduced; however, some impacts will
remain significant.
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions in EIRNo. 568. EIRNo. 568 provides adequate documentation for the proposed project.
Mitigation Measure #23
Construction of pedestrian and bicycle paths connecting areas of interest, in accordance with County
management policies and golf course/resort management needs (LCP Transportation/Circulation
Policy 20e). This measure shall be verified by the Manager, Current Planning Services, during plan
check of subsequent "B" maps for project development
PLANNING AREAS 3A-2 & 3B Page 11
Mitigation Measure #24
Use of transit improvements, such as bus shelters, bus pullouts, bus turnarounds, benches, and bus stop
pedestrian access, to facilitate transit usage among residents. This measure shall be verified by the
Manager, Current Planning Services, during plan check of subsequent `B" maps for project
development.
Mitigation Measure US
In order to reduce impacts on nearby sensitive receptors, the following fugitive dust control measures
shall be implemented by the developer during or after grading:
• A vegetative ground cover shall be established within 30 days after active construction operations
have ceased; and ground cover must be of sufficient density to expose less than 30 percent of
unstabilized ground within 90 days of planting and at all times thereafter (SCAQMD Rule 403,
Table 2 [3Cj, amended July 9, 1993).
• All active portions of the construction site shall be watered to prevent excessive amounts of dust.
• On -site vehicle speed shall be limited to 15 mph.
• All on -site roads shall be paved as soon as feasible, watered periodically, or chemically stabilized.
• All material excavated or graded shall be sufficiently watered to prevent excessive amounts of
dust. Watering, with complete coverage, shall occur at least twice daily, preferably in the late
morning and after work is done for the day.
• All clearing, grading, earth moving, or excavation activities shall cease during periods of high
winds (i.e., greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 episodes.
• All material transported off site shall be either sufficiently watered or securely covered to prevent
excessive amounts of dust.
• The area disturbed by clearing, grading, earth moving, or excavation operations shall be
minimized at all times. (South Coast Air Quality Management District, CEQA Air Quality
Handbook, 1993 and subsequent updates.)
Notations specifying the above requirements shall be included with other notations on the grading
plans to the satisfaction of the Manager, Subdivision and Grading, prior to issuance of any grading
permit.
Mitigation Measure #26
The proposed project will be required to comply with Title 24 of the California Code of Regulations
established by the Energy Commission regarding energy conservation standards meeting the approval
of the Manager, Building Inspection, prior to issuance of certificates of occupancy
Mitigation Measure #27
The following measures are provided2 to reduce air pollutants generated by vehicle and equipment
exhaust during the project construction phase:
• The Construction Contractor shall select the construction equipment used on site based on low
emission factors and high energy efficiency. The Construction Contractor shall ensure that
construction grading plans include a statement that all construction equipment will be tuned and
maintained in accordance with the manufacturer's specifications.
• The Construction Contractor shall utilize electric or diesel powered equipment in lieu of gasoline
powered engines where feasible.
Based on recommendations as provided in the South Coast Air Quality Management District CEQA
Handbook (1993 and subsequent updates).
NEWPORT COAST PLANNED COMMUNITY PA 990042
PLANNING AREAS JA-2 & 3B Page 12
• The Construction Contractor shall ensure that construction grading plans include a statement that
work crews will shut off equipment when not in use.
• The Construction Contractor shall time the construction activities so as to not interfere with peak
hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a
flagperson shall be retained to maintain safety adjacent to existing roadways.
• The Construction Contractor shall support and encourage ridesharing and transit incentives for the
construction crew.
Mitigation Measure #28
The following measure would reduce or minimize air pollutant emissions associated with architectural
coating application:
• The Construction Contractor shall utilize as much as possible precoated/namral colored building
materials, water -based or low-VOC coating, and coating transfer or spray equipment with high
transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coatings
application such as paint brush, hand roller, trowel, spatula, dauber, rag or sponge.
This measure will be included in the construction plans and will be verified by the Manager, Building
Permits, during plan check prior to issuance of building permits
7. NOISE, a & b, No Impacts Beyond FEIR No. 568
Within the Noise Analysis, Impact Section of EIR 568, acoustical impacts were identified regarding
construction, traffic and aircraft noise. The project would result in an increase in existing noise levels.
Shorterm increases would result during construction activities, and longterm increases would result from
aircraft and vehicular noise. FEIR 511 utilized information from FEIR 485 and a previous noise study for
PAs 3A and 3B. Exterior living areas of PAs 3A and 3B would experience noise levels in excess of 65 dBA
CNEL from PCH and NCD, without considering intervening topography. The proposed project is within the
El Toro Marine Air Corp Station (MCAS) Tustin Base sphere of influence. Additionally, the project site lies
under the MCAS Tustin Reef helicopter route and may be affected by routine overflights of rotary wing
aircraft.
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project.
The following mitigation measures ensure that people would not be exposed to noise levels in excess of
County Standards.
Mitigation Measure #29
Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable
to the Manager, Development Services, that:
(1) All construction vehicles or equipment, fixed or mobile, operated within 1,000' of a dwelling shall
be equipped with properly operating and maintained mufflers.
(2) All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control).
(3) Stockpiling and/or vehicle staging areas shall be located as far as practicable from dwellings.
Notations in the above format, appropriately numbered and included with other notations on the front
sheet of grading plans, will be considered as adequate evidence of compliance with this condition.
Mitigation Measure #30
Prior to issuance of any grading permits, the proposed project construction activities shall adhere to the
specifications of the County of Orange Codified Ordinance, Division 6 (Noise Control), meeting the
NEWPORT COAST PLANNED COMMUNITY PA 990042
PLANNING AREAS 3A-2 & 3B Page 13
approval of the Manager, PDSD, Subdivision and Grading. Specifically, Section 4-6-5, Exterior Noise
Standards, provides exterior noise standards of 55 dBA from 7 a.m. to 10 p.m. and 50 dBA from 10
p.m. to 7 a.m. for all residential land uses. Noise levels are not allowed to exceed 20 dBA above the
exterior noise level standard at any time, 15 dBA above the standard for a cumulative period of 1
minute per hour, 10 dBA above the standard for a cumulative period of 5 minutes per hour, 5 dBA
above the standard for 15 minutes per hour, and the standard for a cumulative period of 30 minutes per
hour
Mitigation Measure #31
All residential lots and dwellings shall be sound attenuated against present and projected noise, which
shall be the sum of all noise impacting the project, so as not to exceed a composite interior standard of
45 dBA CNEL in all habitable rooms, and a source exterior standard of 65 dBA CNEL in outdoor
living areas. Evidence prepared by a County certified acoustical consultant, indicating that these
standards will be satisfied in a manner consistent with Zoning Code Section 7-9-137.5, shall be
submitted as follows:
A. Prior to the recordation of a final tract map or prior to the issuance of grading permits, as
determined by the Manager, Building Permits, the applicant shall submit an acoustical analysis to
the Manager, Building Permits, for approval. The report shall describe in detail the exterior noise
environmental 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 for residential construction, the applicant shall submit
an acoustical analysis report describing the acoustical design features of the structures required to
satisfy the exterior and interior noise standards to the Manager, Building Permits, for approval,
along with satisfactory evidence indicating that the sound attenuation measures specified in the
approved acoustical report have been incorporated into the design of the project.
C. Prior to the issuance of any building permits, the applicant shall show all freestanding acoustical
barriers on the projeces plot plan illustrating height, location, and construction in a manner
meeting the approval of the Manager, Building Permits. (County Standard Condition NI)
8. BIOLOGICAL RESOURCES, a through f, No Impacts Beyond FEIR.No. 568
Development of the project site has been previously analyzed in FEIRs 511 for NCPC, Phase I, and 553 for
the County of Orange, Central & Coastal Subregion Natural Community Conservation Plan & Habitat
Conservation Plan (NCCP/HCP). These previously certified EIRS identified impacts and mitigation measures
to address these impacts. Although development has not taken place, the site has been approved for grading,
which has proceeded, and a borrow site, which has been established. Site specific studies in 1994, 1995 and
1997 in support of the "Interim Take" authorizations pursuant to final NCCP/HCP authorizations included in
FEIRs 511 and 553 were incorporated by reference into FEIR 568. In additional to the above, brief site
reconnaissance of the project area was conducted in September, 1997, to verify previously documented
conditions, and inspection of vegetation clearing was completed on December 5, 1997,
The project site is within the NCCP planning area but is not within the NCCP Reserve System. No additional
"take" approval for coastal sage scrub is required to implement the project. The project is consistent with the
approved subregional or subarea NCCP/HCP and associated Implementation AgreemenN
The threshold of significance for this project is based on the extensive previous analysis,documentation and
regional planning for biotic resources in this area. FEIR Nos. 485, 511 and 553 addressed potential
environmental effects of development of the project site. Final EIR 568 analyzed potential biological
resource impact utilizing the following Impact Significance Criteria and were considered significant if they
would:
This language is contained in guidance issued by the California Department of Fish & Game and the U.S. Fish & Wildlife Service on March 17,
1995, entitled "California Environmental Quality Act (CEQA) Determinations of Significance Impacts under the Natural Community
Conservation Planning (NCCP) Program.
NEWPORT COAST PLANNED COMMUNITY PA 990042
PLANNING AREAS 3A-1 & 3B Page 14
•
• Affect a sensitive, endangered or rare species beyond the impact previously identified and mitigated in
EIR Nos. 485, 511 and 553.
• Result in net loss of a sensitive biotic community at a level greater than previously identified in EIRNos.
485, 511 and 553.
• Conflict with the adopted LCP or NCCP/HCP.
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project.
The following Requirements of Previous Approvals, County of Orange Standard Conditions and mitigation
measures will ensure that potential impacts will be mitigated to a level less than significant. No new
significant impacts are anticipated.
Mitigation Measure #33
In accordance with the provisions of the adopted NCCP/HCP, no grading or fuel modification will be
allowed within areas designated as Reserve except as provided for under the specific take
authorizations contained in the 10a Permit (i.e., The Irvine Company has a maximum two acres
authorization within the Reserve System).
Prior to approval of grading permits, the current NCCP/HCP Reserve Boundary shall be plotted on the
grading plan, to ensure that no grading occurs within the Reserve and to assist with monitoring
compliance with the mitigation measures from FEIR No. 553, which are reiterated below. This
requirement will be verified during plan check by the Manager, PDS/Subdivision and Grading
Services.
Mitigation Measure #34
Adjustments to the NCCP/HCP Reserve boundary may be necessary from time to time in response to
unforeseen circumstances. Minor amendments are reviewed and approved by the Executive Director,
and major amendments are reviewed and approved by the Board of Directors of the Nature Reserve of
Orange County. These amendments can be considered only if the proposed boundary adjustment
results in no loss to the total Reserve acreage and habitat resource value. Acreages and habitat
resources proposed for addition must be equal or greater in both acreage and habitat resource value.
All take authorizations must be recorded and/or amendments to the Reserve system boundaries must be
approved prior to the issuance of any grading permit that involves an encroachment into the Reserve
system.
Applicable Mitigation Measures from FEIR No. 511
Mitigation Measure #35
Landscape plans for all graded areas will be approved by the Manager, PDS/Subdivision and Grading
Services Division, prior to the issuance of grading permits. Refer to Part I, Land Use Plan, Chapter 3,
Section L in Appendix H, EIR No. 485 (MCDP EIR 4.6-185/6-10).
Mitigation Measure #36
An ecotonal buffer will be used at the interface between exotic landscaping and coastal sage scrub in
compliance with LCP policies I-3-M, I-3-M-4 and I-3-M-8. This buffer will be shown on all landscape
plans. The establishment and maintenance of the ecotonal areas will conform to the requirements of
the County of Orange Fire Marshall and LCP policies I-3-M-5, I-3-M-6, 1-3-M-7 and I-3-M-8. Refer
to Part I, Land Use Plan, Chapter 3, Sections L and M in Appendix H, EIR No. 485 (MCDP EIR 4.6-
185/6-11). This measure will be implemented through the master fuel modification improvements
identified in the MCDP - Sixth Amendment. Fuel modification zones are utilized adjacent to natural
open space along the eastern and western edges of the project site. On natural slopes, existing high fire
hazard vegetation will be removed and replaced with appropriate plants from the fuel modification
plant list. Existing acceptable vegetation will be thinned and pruned to reduce fuel load.
PLANNINGAREAS M-2 & 3B Page is
Manufactured slopes will be planted with acceptable plants from the fuel modification plant list (Table
2-C in the MCDP). The list is consistent with NCCP requirements for inclusion of native speciesplant
material and design of landscape development buffers
Mitigation Measure #37
All graded slopes (including remedial grading) along public open space will be stabilized and
revegetated with drought tolerant plant species. Non-invasive, non-native plant species can be used if
approved by a qualified botanist. Revegetation will take place as soon as is practicalaftergrading is
complete in compliance with LCP policies I-3-1, -J, -K, -L. Irrigation will be applied where necessary
to establish vegetation. Refer to Part I, Land Use Plan, Chapter 3, Section L in Appendix H, EIR No.
485 (MCDP EIR No. 485 4.6-185/Mitigation Measure 6-12, as modified). In accordance with the
adopted Mitigation Monitoring Program, this measure will be verified after construction through plan
check by the County Construction Inspector.
Mitigation Measure #38
Vegetation may be removed in the construction and maintenance of proposed drainage, erosion
control, and related facilities. Vegetation removal will be limited to the least required to construct and
maintain such facilities (in compliance with LCP policies I-3-I-2, I-3-J-2 and I-3-I, -J, -K, -L) and
shall be undertaken, to the extent feasible, in areas involving the least adverse impact to riparian
vegetation. Where feasible, drainage, erosion control, and related facilities have been located outside
areas containing riparian vegetation (MCDP EIR 4.6-185/6-13).
Mitigation Measure 439
Proposed drainage, erosion control and related facilities will involve the least physical alteration to
natural drainage course required to construct and maintain such facilities, and to the extent feasible
involve the least adverse impact to the drainage courses. Where feasible, drainage, erosion control and
related facilities have been located outside drainage courses as required for compliance with LCP
policies I-3-D, I-4-F-7, I-3-D-1, I-3-F, I-4-E5 and I-3-17-3 (MCDP EIR 4.6-185/6-14).
Applicable Mitigation Measures front FEIR No., 553
Mitigation Measure #40
To the maximum extent practicable, no grading of CSS habitat that is occupied by nesting gnatcatchers
will occur during the breeding season (February 15 through July 15). It is expressly understood that
this provision and the remaining provisions of these 'construction -related minimization measures," are
subject to public health and safety considerations. These considerations include unexpected slope
stabilization, erosion control measures, and emergency facility repairs. In the event of such public
health and safety circumstances, landowners or public agencies/utilities will provide USFWS/CDFG
with the maximum practicable notice (or such notice as is specified in the NCCP/HCP) to allow for
capture of gnatcatchers, cactus wrens, and any other CSS Identified Species that are not otherwise
flushed, and will carry out the following measures only to the extent as practicable in the context of the
public health and safety considerations. This RPA will meet the approval of the Manager,
PDS/Resource Planning, prior to issuance of grading permits
Mitigation Measure #41
Prior to the commencement of grading operations or other activities involving significant soil
disturbance, all areas of CSS habitat to be avoided under the provisions of the NCCP/HCP shall be
identified with temporary fencing or other markers clearly visible to construction personnel. This
fencing will be clearly marked on all grading plans. Additionally, prior to the commencement of
grading operations or other activities involving disturbance of CSS, a survey will be conducted to
locate gnatcatchers and cactus wrens within 100 feet of the outer extent of projected soil disturbance
activities, and the locations of any such species shall be clearly marked and identified on the
construction/grading plans. This RPA will meet the approval of the Manager, PDS/Resource Planning,
prior to issuance of grading permits
Mitigation Measure #42
NEWPORT COAST PLANNED COMMUNITY PA 990041
PLANNING AREAS M-2 & 3Q Page 16
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A monitoring biologist, acceptable to USFWS/CDFG, will be on site during any clearing of CSS. The
landowner or relevant public agency/utility will advise USFWS/CDFG at least seven (7) calendar days
(and preferably fourteen (14] calendar days) prior to the clearing of any habitat occupied by Identified
Species to allow USFWS/CDFG to work with the monitoring biologist in connection with bird
flushing/capture activities. The monitoring biologist will flush Identified Species (avian or other
mobile Identified Species) from occupied habitat areas immediately prior to brush clearing and
earthmoving activities. If birds cannot be flushed, they will be captured in mist nets, if feasible, and
relocated to areas of the site to be protected or to the NCCP/HCP Reserve System. It will be the
responsibility of the monitoring biologist to assure that identified bird species are not directly impacted
by brush clearing and earthmoving equipment in a manner that also allows for construction activities
on a timely basis. This RPA will meet the approval of the Manager, PDS/Resource Planning, prior to
issuance of grading permits
Mitigation Measure #43
Following the completion of initial grading/earth movement activities, all areas of CSS habitat to be
avoided by construction equipment and personnel will be marked with temporary fencing other
appropriate markers clearly visible to construction personnel. No construction access, parking, or
storage of equipment or materials will be permitted within such marked areas. This RPA will meet the
approval of the Manager, PDS/Resource Planning, prior to issuance of grading permits
Mitigation Measure #44
In areas bordering the NCCP Reserve System or Special Linkage/Special Management areas
containing significant CSS identified in the NCCP/HCP for protection, vehicle transportation routes
between cut -and -fill locations will be restricted to a minimum number during construction consistent
with project construction requirements. Waste dirt or rubble will not be deposited on adjacent CSS
identified in the NCCP/HCP for protection. Preconstruction meetings involving the monitoring
biologist, construction supervisors, and equipment operators will be conducted and documented to
ensure maximum practicable adherence to these measures. This RPA will meet the approval of the
Manager, PDS/Resource Planning, prior to issuance of grading permits
Mitigation Measure #45
CSS identified in the NCCP/HCP for protection and located within the likely dust drift radius of
construction areas shall be periodically sprayed with water to reduce accumulated dust on the leaves,
as recommended by the monitoring biologist. This RPA will meet the approval of the Manager,
PDS/Resource Planning, prior to issuance of grading permits
Mitigation Measure #46
The fuel modification zone, as approved by the Orange County Fire Authority, shall be entirely outside
the Reserve of Orange County. The Orange County Fire Authority Fuel Modification Plant List (June
18, 1997) (included in Appendix I) shall be used as a guideline in preparation of the fuel modification
plan and landscaping plant palette for the areas between the project and the Reserve, including Crystal
Cove State Park. A wildlife biologist and/or a restoration ecologist familiar with native habitats should
be consulted concerning the use of appropriate plant species and landscape design that best fits the
adjacent habitat and provides a naturally appearing interface. This RPA shall meet the approval of the
Orange County Fire Authority with concurrence from the Manager, PDS/Resource Planning, prior to
issuance of grading perm
Mitigation Measure #47
All mitigation measures that involve the NCCP Reserve System, including decisions/recommendations
by the monitoring biologist, must be approved by the County Biological Resources Monitor prior to
their implementation.
The landowner and/or his agent(s) shall also notify the County Biological Resources Monitor at least
seven days in advance of any pre -construction and/or pre -grade meeting and any field meeting
involving the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Environmental
Protection Agency and/or the California Department of Fish and Game with respect to activities that
may directly or indirectly affect the Reserve System. This will ensure that the County Monitor is
involved at the appropriate times through project completion.
NVYPORT COAST PLANNED COMMUMTY PA 990042
PLANNING AREAS 3A-2 & 3B Page 17
Mitigation Measure #48
The mitigation for clearing of 7.9 acres of coastal sage scrub vegetation in PA 3A-1 and PA 3A-2 is
described in a June 27, 1994, letter from the U.S. Fish and Wildlife Service (USFWS) to The Irvine
Company and in the Coastal Sage Scrub Habitat Restoration Plan - Wishbone/Crystal Cove State Park
(LSA, May 8, 1995). Both of these documents are on file with the County and are included in
Appendix J of this EIR.
The following points summarize the compliance with these measures:
• The fuel modification and landscaping issues noted in the USFWS letter are addressed in RPA 8-
16.
• Coastal sage scrub revegetation along Pacific Coast Highway is associated with another project,
PA 3A-1.
• Installation of 7.9 acres of coastal sage scrub restoration in Los Trancos Canyon was completed, in
accordance with the above referenced Habitat Restoration Plan, in December, 1996. Annual
reports are being provided to the County.
• Graded slopes on interior project roads will not be revegetated with coastal sage scrub vegetation,
as originally requested by the USFWS, pursuant to subsequent discussions with the USFWS and
the County.
Mitigation Measure #49
Mitigation for the loss of two acres of coastal sage scrub habitat on Planning Areas 3B, 12C, and 14 is
specified in a December 7, 1995, letter from the County to the USFWS, "Special 4(d) Rule Interim
Habitat Loss Mitigation Plan and Findings for Newport Coast Planned Community: Newport Coast
Park; PA 2A-1; portions of Wishbone; and San Joaquin Hills Planned Community - PA 13 Extension."
In addition to the open space dedication specified as part of the Newport Coast development program,
the identified measures and the status of their implementation are summarized.as follows:
• A five year program for the abatement of artichoke thistle on 26 acres in Buck Gully has been
underway for two complete seasons.
• Experimental techniques to improve the habitat value by promoting the return of native coastal
sage scrub and grassland habitat have been initiated
Mitigation Measure #50
First time homebuyers shall be clearly advised in writing with a statement by the developer, or agents
or assigns, of the implications of living adjacent to natural open space areas, prior to any sales
transaction. This statement shall be approvedby the Manager, Environmental and Project Planning
Services prior to the issuance of building permits. It shall include items such as: a warning about the
dangers and nuisances posed by wildlife that may forage in the development edge; the responsibilities
and benefits that are associated with living near such an area; and fire related management and the
potential need to conduct controlled burns. This statement shall be written to foster an appreciation of
wildlife and to identify measures that shall be taken to minimize conflicts between wildlife, domestic
animals, and humans, such as restricting free roaming domestic cats. Restrictions and minimization
measures shall also be included in the Covenant, Codes and Restrictions on the properties.
Mitigation Measure #51
Prior to Issuance of grading permits for lots within TTM 15444 and TTM 15446, restoration plans for
any damage to existing native vegetation to be preserved, due to project grading and construction, shall
be prepared and submitted to the County Subdivision and Grading Division Manager for review and
approval. The plans shall specify seeding and planting small container plants of the same species that
are affected by project grading. The plans shall also include maintenance and monitoring guidelines,
and performance standards
NEWPORT COAST PLANNED COMMUNITY PA 990a42
PLANNING AREAS 3A-1 & 3R Page 18
0 •
9. AESTHETICS, a through d, No Impacts Beyond FEIR No. 568
The project area aesthetics, visibility of project resources, and the protection of sensitive visual resources
within Newport Coast are addressed in the Local Coastal Program (LCP), 20d Amendment. Visual impacts of
the NCPC have also been analyzed and disclosed in previous Newport Coast environmental documents (FEIR
Nos. 568, 511 & 485).
The LCP identified the following visually significant resources visible from PCH:
• Los Trancos Canyon
• Lower Wishbone
• Moro Hill
• Pacific Coast Highway
The project site is located contiguous to PCH, in the Lower Wishbone area. Additionally, the northwest
boundary of the project site is located partially within the Los Trancos Canyon area. Moro Hill is within
Crystal Cove State Park. These resources are identified as "Visually Significant Lands" in the LCP. The
LCP identifies the ocean as the dominant visual resource in all cases, views of which will not be affected by
the proposed project.
The LCP, in the visual analysis (LCP, Appendix 6), identified two visual zones that characterize the
viewshed:
• The coastal plan, and
• The coastal mountain range.
The proposed project is entirely within the area defined as coastal plain. The impact significance criteria
developed for FEIR 568 to address visual and aesthetic resources unique to the project site was based upon a
combination of LCP guidelines and resource analysis representing the Coastal Commission determination of
important visual resources.
To assist in determining the degree of significance of degradation and/or alteration to the site's natural
character and visual resource, EIR 568 incorporated by reference the impact assessment in EIR 485 for the
Irvine/Newport Coast Planned Development that focused on the effect of the changes to the aesthetic value of
the resource. Changes to the aesthetic value of the resources were evaluated using the following framework:
I. Aesthetic Value Preserved. No improvements visible from vantage points. For these cases, either
improvements do not exist within the viewframe, or they are screened in some manner.
2. Aesthetic Value Slightly Affected. Some encroachment of proposed improvements occurs into the
viewframe; however, it is visible only intermittently or in small proportions.
3. Aesthetic Value Moderately Affected. Improvements encroach into the viewframe and are obvious to
the viewer. Modifications to surrounding features are prevalent.
4. Aesthetic Value Significantly Affected. Improvement dominate the viewframe, and natural site features
are substantially modified to accommodate improvements.
EIR 568 concluded that the aesthetic impacts that are considered significant can be minimized through
requirements of previous approvals, standard conditions and incorporating sensitive project design. However,
these impacts will not be eliminated. A Statement of Overriding Consideration was adopted during the
approval and certification process for FEM 568.
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project.
Mitigation Measure #53
Development/open space boundaries in the project area will be designed to standards contained in
the LCP (Second Amendment). These policies specify treatments to protect open space and habitat
values from development, protect public views, and/or provide fire safety. Measures include
landscape screening, a setback of structures and parking 100 feet from PCH for buffering purposes,
and fuel modification zones at project edges adjacent to Los Trancos Canyon and Muddy Canyon,
NEWPORT COAST PLANNED COMMUNITY PA 990041
PLANNING AREAS 3A-1 & 3B Page 19
which preserve native vegetation as much as possible, consistent with provision of adequate
protection of residential structures from fire hazards (Newport Coast LCP Second Amendment -
Section 4.12, Public Services and Utilities). Landscape plans shall incorporate the landscape palette
from EIR No. 553. The landscape plans shall be prepared in consultation with Managers,
PFRD/HBP/Coastal Facilities/Open Space and Trails. This RPA will be verified by the County of
Orange, Subdivision and Grading Manager, prior to approval of grading plans and issuance of
grading permits, or, where no grading permit is required, prior to building permit issuance
Mitigation Measure #54
The proposed project shall implement the Planned Community District Regulations contained in the
implementation program for the LCP (Second Amendment), which provide site development
standards for planned land uses that will act to enhance the visual appearance of the proposed
project. Examples of the types of development standards that protect and enhance aesthetic values
include: building setbacks, open space requirements, screening measures, landscape guidelines, and
control of lighting features. Site development standards applicable to the project planning areas are
outlined in Section 4.1, Land Use and Planning. This RPA will be verified by the Manager,
Subdivision and Grading, prior to approval of grading plans and issuance of grading permits (LCP -
Second Amendment
Mitigation Measure #55
A. Prior to the issuance of precise grading permits, the applicant shall prepare a detailed landscape
plan for privately maintained areas. The plan shall be certified by a licensed landscape
architect or a licensed landscape contractor, as required, as taking into account approved
preliminary landscape plan (if any), County Standard Plans, adopted planned community
regulations, scenic corridor and specific plan requirements, Grading and Excavation Code
erosion control requirements, Subdivision Code, Zoning Code, and conditions of approval,
Water Conservation Measures contained in Board Resolution 90-487 (Water Conservation
Measures) and Board Resolution 0-1341 (Water Conservation Implementation Plan). Said plan
shall be reviewed and approved by the Manager, Subdivision and Grading.
B. Prior to the issuance of certificates of use and occupancy, applicant shall install said landscaping
and irrigation system and shall have a licensed landscape architect or licensed landscape
contractor, certify that it was installed in accordance with the approved plan. The applicant
shall fumish said certification, -including an irrigation management report for each landscape
irrigation system, and any other implementation report determined applicable, to the Manager,
Building Inspection, prior to the issuance of any certificates of use and occupancy (County
Standard Condition LA2).
10. CULTURAL/SCIENTIFIC RESOURCES, a through e, No Impacts Beyond FEIR No. 568
The coastal area between Newport Beach and Laguna Beach contains over 100 prehistoric archaeological
sites. The initial compilation of baseline data for archaeological resources was obtained from two sources:
the Archaeological Survey, University of California Los Angeles, and the County of Orange Public Facilities
& Resources Department (PFRD), formerly the Environmental Management Agency.
Data recovery excavations for archaeological sites were conducted (The Keith Companies, 1994) in
accordance with conditions of previous Irvine Coast aprovals. The excavation work was a condition of
approval of Tentative Tract Map (TTM) 13337 (2" revised) for the larger Newport Coast Planned
Community, and was conducted pursuant to specifications outlined in the research design for the Irvine Coast
Archaeological Project (EIR No. 485, Macko, 1988).
FEIR No. 568 identified that three archaeological sites (CA-ORA-339, CA-ORO-928, and CA-ORA-929) are
or were either partially or completely withimthe boundaries. Grading permit No. GA 940056 was issued for
the previously proposed Wishbone Hill Residential project (TTM 14064) approved with FEIR No. 511.
Subsequent to grading permit issuance, the Wishbone Hill project site was rough graded, including the PA 3A
portion of the project site. The data recovery of site CA-ORA-339 was completed prior to site grading.
NENPORT COAST PLANNED COMMUNITY PA 990042
PLANNING AREAS 3A•2 & 3B Page 20
Regional geologic units represented in the NPCP area include the Vaqueros, Topanga, and Monterey
Formations; San Onofre Breccia (Miocene Age); and some marine terrace deposits of late Pleistocene age.
All of these formations except for the San Onofre Breccia have yielded significant fossils in Orange County.
No known paleontological localities have been identified within the boundaries of the project site (Macko,
September, 1997). A walkover survey conducted prior to the issuance of Grading Permit GA940056 revealed
isolated fossil debris. The general distribution of the paleontological localities within the Crystal Cove area
implies that the subsurface distribution of fossils is extensive (Macko, 1995). Surface modification and
excavation on the site are expected to expose additional localities and specimens.
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project.
Mitigation Measure #56
Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the
Manager, PDS/Subdivision and Grading Services, that a County certified archaeologist has been
retained, shall be present at the pre -grading conference, shall establish procedures for archaeological
resource surveillance, and shall establish, in cooperation with the project developer, procedures for
temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the
artifacts as appropriate. If the archaeological resources are found to be significant, the archaeological
observer shall determine appropriate actions, in cooperation with the project developer, for exploration
and/or salvage. The archaeologist shall submit a follow-up report to the Manager, PFR/HBP/Coastal
& Historical Park Section, which shall include the period of inspection, an analysis of any artifacts
found and the present repository of the artifacts. Excavated finds shall be offered to the County of
Orange, or designee, on a first refusal basis. These actions, as well as final mitigation and disposition
of the resources, shall be subject to the approval of the Manager, PFR/HBP/Coastal & Historical Park
Section (County Standard Condition No. A4).
Mitigation Measure #57
Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the
Manager, PDS/Subdivision'and Grading Services, that a County certified paleontologist has been
retained to observe grading activities and salvage and catalogue fossils as necessary. The
paleontologist shall be present at the pre -grading conference, shall establish procedures for paleon-
tological resource surveillance, and shall establish, in cooperation with the project developer,
procedures for temporarily halting or redirecting work to permit sampling, identification, and
evaluation of the fossils. If major paleontological resources are discovered, the paleontologist shall
determine appropriate actions, in cooperation with the project developer, which ensure proper
exploration and/or salvage. Excavated finds shall be offered to the County of Orange, or its designee,
on a first -refusal basis. The paleontologist shall submit a follow-up report for approval by the
Manager, Coastal & Historical, which shall include the period of inspection, a catalog and analysis of
the fossils found, and present repository of the fossils. These actions, as well as final mitigation and
disposition of the resources, shall be subject to approval by the Manager, PFR/HBP/Coastal &
Historical Park Section (County Standard Condition No. A7).
11. RECREATION, a, b, and c, No Impacts Beyond FEIR No. 568
Major recreational facilities in the vicinity of the project site include Crystal Cove State Park and Beach,
operated by the State Department of Parks and Recreation, Aliso and Woods Canyon Regional Park, and
Laguna Coast Wilderness park, both County operated parks. Aliso & Woods Canyons Parks are
approximately eight miles southeast of the project site. The Laguna Coast Wilderness Park is composed of
approximately 6,300 acres, and in the future will include Los Trancos Canyon, and portions of the upper
reaches of Muddy Canyon.
Local community recreational facilities in the project vicinity, both planned and existing, also provide
recreational opportunities for the residential community and area visitors.
NEWPORT COAST PLANNED COMMUNITY PA 990042
PLANNING AREAS 3A-2 & 3B Page 21
The Newport Coast Local Coastal Program (LCP) provides for the development of a number of recreational
planning areas to serve the needs of the NCPC. These areas will include a proposed recreation/equestrian
center, additional trail linkages to Crystal Cove State Park and the portions of the Laguna Coast Wilderness
Park within the NCPC and open space/wildlife movement corridors, which provide a comprehensive network
of open space and recreational areas for the proposed project and rest of the NCPC.
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project.
The following Mitigation Measures, Standard Conditions, and Requirements of Previous Approvals will
ensure that impacts will reduced to a level less than significant.
Mitigation Measure #58
Prior to approval of any subdivision map, a Local Park Implementation Plan (LPIP) update and
amendment shall be processed subject to the approval of the Manager, PFRD/HBP Project
Management and Coordination, and the Orange County Subdivision Committee.
Mitigation Measure #59
Prior to issuance of the grading permit, the proposed project shall comply with the Commuter
Bikeways Strategic Plan. Landscaping along PCH shall reflect the approved landscape plans,
including the approved plant palette, and shall not obstruct the line of sight between bicyclists on
Pacific Coast Highway and drivers entering and exiting the project site. This RPA shall be verified by
the Manager, PFRD/HBP, Program Management and Coordination
. Mitigation Measure #60
A. Dedication of Scenic Preservation Easements - Prior to the recordation of applicable final tract
maps, the subdivider shall dedicate to the County of Orange or its designee, a 100 foot wide scenic
preservation easement over the area adjacent to Pacific Coast Highway, and a scenic preservation
easement over the open space and fuel modification areas adjacent to Crystal Cove State Park, the
golf course, Las Trancos Canyon, and the private open space area in PA 12B, in a manner meeting
the approval of the Manager, PFRD/HBP Program Management and Coordination. Maintenance,
upkeep, and liability for said easement area shall remain the responsibility of the subdivider or his
assigns and successors (i.e., Homeowners' Association) or current underlying owner(s) of said
easement area, and shall not be included in said dedication offer. The subdivider shall not grant
any easement over any property subject to said easement, including utility easements, unless such
easements are made subordinate to said easement offer in a manner meeting the approval of the
Manager, PFRD Harbors, Beaches and Parks/Program Management and Coordination. Any utility
easements shall be subject to the approval of the Manager, PFRD Harbors, Beaches and
Parks/Program Management and Coordination. Limitations and restrictions for said easement
shall be recorded by separate document concurrent with the recordation of subject map in a
manner meeting the approval of the Manager, PFRD Harbors, Beaches and Parks/Program
Management and Coordination.
B. Prior to the recordation of any map, the subdivider shall survey and monument all parcels of the
land to be dedicated for scenic preservation easement purposes, and submit plans showing how the
development boundaries of the scenic preservation easement parcel(s) are marked to be visible for
monitoring purposes by grantee to the satisfaction of the Manager, Harbors, Beaches and
Parks/Program Management and Coordination in consultation with Manager, HBP/Coastal and
Historical Parks.
Mitigation Measure #61
Landscape Plans for Scenic Preservation Easements - The above described, scenic preservation
easements shall be landscaped, equipped for irrigation, and improved in accordance with an approved
plan as follows:
NEWPORTCOAST PLANNED COMMUNITY PA 990042
PLANNING AREAS M-1 & 3B Page 22
A. Preliminary Plan - Prior to recordation of applicable final tract maps, an agreement shall be
entered into and financial security posted guaranteeing landscape improvements and the
maintenance thereof, based on a preliminary landscape concept plan, showing major plant material
and uses with a cost estimate for the landscape improvements. The preliminary plan and cost
estimates shall be reviewed and approved by the Manager, Subdivision and Grading, in
consultation with Manager, PFRD/HBP Asset Management and Coordination. Said plan shall
take into account the County's Standard Plans for landscape areas, adopted plant palette guides,
applicable scenic and Specific Plan requirements, Water Conservation Measures contained in
Board Resolution 90-487 (Water Conservation Measures), and Board Resolution 90-1341 (Water
Conservation Implementation Plan) (County Standard Condition LA1.1, Part A, as amended).
B. Detailed Plan - Prior to the issuance of any building permit(s), the applicant shall submit a detailed
landscape plan for approval to the Manager, Subdivision and Grading, in consultation with the
Manager, PFRD/HBP Asset Management. Detailed plans shall show the detailed irrigation and
landscaping design.
C. Installation Certification - Prior to the issuance of final certificates of use and occupancy and the
release of the financial security guaranteeing the landscape improvements, the applicant shall
install said improvements and have the installation certified by a licensed landscape architect or
licensed landscape contractor as having been installed in accordance with the approved detailed
plans. The applicant shall furnish said certification, including an irrigation management report for
each landscape irrigation system, and any other required implementation report determined
applicable to the Manager, PFRD/Construction, and the Manager, PFRDBuilding Inspection,
prior to the issuance of any certificates of use and occupancy (County Standard Condition LAI.1
12. ENERGY and MINERAL RESOURCES, a & b, No Impacts Beyond FEIR No. 568
The proposed project would not result in abnormally high consumption of fuel or energy or increase demand
on existing sources of energy or require the development of new sources of energy beyond those addressed in
FEIR 568. The consumption rate associated with the project falls within energy projection/use incorporated
during the planning process.
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project.
13. HAZARDS, a through e, No Impacts Beyond FEIR No. 568
The site is located in an area to be developed into residential uses permitted by the Newport Coast Planned
Community. Approval of the required Coastal Development Permit, which establishes uses and regulates the
impacts of the uses permitted by the applicable district shall ensure compliance with codes relevant to fire
hazards.
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project.
The following Mitigation Measures, Standard Conditions, and Requirements of Previous Approvals will
ensure that impacts will reduced to a level less than significant.
Mitigation Measure #64
Prior to the recordation of a subdivision map, the subdivider shall submit plans to the Fire Chief for
review and approval to ensure adequate fire protection and financial security are posted for the
NEWPORT COAST PLANNED COMMUNITY PA 990042
PLANNING AREAS 3A-2 & 3B Page 23
r
installation. and approved by the Fire Chief (OCFA Standard Condition FPI-4, 6A-
C, 7A,B,8,9A,B,10,1-15,18-21).
Mitigation Measure #65
As specified in the OCFA General Guidelines for Development Within and Exclusion From Special
Fire Protection Areas, effective March, 1996, a property which is designated as being within a Special
Fire Protection Area may later be excluded from the Special Fire Protection Area upon a finding by the
Fire Chief that inclusion of the property within a Special Fire Protection Area and the application of
the Special Fire Protection Area requirements to the property are no longer necessary for effective fire
protection within the area to be excluded. The conditions for such an exclusion are as follows:
• A fuel modification zone meeting the requirements of the OCFA as described in the OCFA Fuel
Modification Guidelines shall be created and maintained on and/or adjoining the property.
1. The CC&Rs recorded against all property within the homeowners' association shall require
specifically budgeted funds sufficient to meet the ongoing maintenance obligations of the
applicable fuel modification requirements.
2. The Fuel Modification Zone shall be subject to an annual inspection conducted by a
representative of the Fire Marshal in order to assure that the Fuel Modification zone continues to
be maintained in compliance with eh applicable fuel modification requirements. A reasonable
fee, to be established by the OCFA may be charged to each homeowner or homeowners'
association subject to the fuel modification requirements to offset the costs of the annual
inspection.
• Any occupied structure on any lot which adjoins a Special Fire Protection Area shall be constructed
in compliance with all requirements of the Uniform Building Code and Uniform Fire Code and the
requirements applicable to dwellings or occupied structures build on lots within Special Fire
Protection Areas. For purposes of these guidelines, adjoining means the first row of buildings
bordering a Special Fire Protection Area. Fire sprinklers shall not be required unless otherwise
provided for by other applicable provisions of the Uniform Building Code or the Uniform Fire
Code.
• In addition, all construction within a tract which is to be removed from a Special Fire Protection
Area shall have Class A roof assemblies.
• To request a conditional exclusion of the property from an Special Fire Protection Area, a letter
must be submitted to the Deputy Fire Marshal, OCFA Planning and Development Section, pursuant
to the requirements of the Special Fire Protection Area Guidelines, and in accordance with County
Ordinance 3959
14. & 15. PUBLIC SERVICES AND UTILITIES, a through e, No Impacts Beyond FEIR No. 568
Within the Impacts Section of Public Services and Utilities of EIR 568, impacts were identified regarding
police, fire, health care, school, water, waste water, energy, telephone, and cable vision services. The
collection of the State mandated facility fees as well as the County established fees/assessment programs will
ensure the timely development of the project.
Project impacts compared to impacts described in EIR No. 568
Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis
or conclusions in EIRNo. 568. EIR No. 568 provides adequate documentation for the proposed project.
FINDINGS:
1.. AB 3158 FEE EXEMPTION: Find that pursuant to Section 711.4 of the California Fish and Game Code,
this project is exempt from payment of required fees as it has been determined that the required fees have
been paid, EIR 568, Receipt Document Number 1998500504, 5/18/98.
NEWPORT COASTPLANNED COMMUNITY PA 990041
PLANNING AREAS M4 & 3B Page 24
E
n
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2. The proposed project will be beneficial in achieving both long-term and short-term goals; it will provide both
employment opportunities as well as additional housing opportunities for the future.
3. There are no cumulatively impacts beyond those addressed in FEIR 568. The proposed project will generate
additional vehicular movement since the project site is currently undeveloped.
4. The project as proposed will not have any adverse affects or impacts on humans or otherwise beyond those
addressed in FEIR 568.
5. Final EIR 568, which was certified on May 5, 1998, satisfy the requirements of CEQA for this project.
DETERMINATION:
I find that although the proposed project could have a significant effect on the environment, there will not be
a significant effect in this case because Program EIR 568, previously certified, with mitigation measures will
ensure that any impacts will mitigated to a level less than significant. EIR 568 found that although mitigation
measures, Standard Conditions, and Requirements of Previous Approvals and project design features will
lessen the unavoidable adverse impacts, certain impacts cannot be reduced to below a level of significance or
avoided through project alternative. These remaining unavoidable significant impacts are clearly outweighed
by economical, social and other benefits of the Project, as set forth in the Statement of Overriding
Consideration.
NEWPORT COAST PLANNED COMMUNITY PA 990042
PLANNING AREAS 3A-2 & 3B Page 25
Orange County Fire Authority
180 S. Water St. • Orange, CA 92866-2123 • (714) 744-0400
Planning and Development Services Section
May 12, 1999
County of Oxange_
Reguleion%Development Services
P.O. Box 4648
Santa Ana, Ca. 92702-4048
Attention: If1-1 Ivleltorr P?
Subject: Tract Number 15586
15z
Conditions have been previously set for TT15586 (see attached), no additional comments at
this time. If you have any question, please call me at (714) 744-0501.
Respectfully, /P
A /�
Dennis J. Grubb
Fire Safety Specialist
Development Review
Serving the Cities orBuena Park • Cypress • Dana Point • Uvme • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest • La Palma • Los Alamitos
• Mission Viejo • Placentia San Clemente • Son Juan Capistrano • Seal Beach • Stanton • Tustin • Villa Pork • Westminster • Yorba Linda and
Unincorporated Arens of Orange County
RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES
ORANGE COUNTY FIRE HORITY/PLANNING AND DEVEQPM ENT
SERVICE REQUEST
'�}q /d z
N2 032307
Planning Applicant' Please review the Planning Submittal Criteria Form prior to completing this Service Request.
Building Plan Review Applicant: Please review the Building Plan Review Submittal Criteria Form and complete the Permit Screening Form prior to
completing this Service Request. Permit Screening Form must be submitted with your plans. All information must be included to review plans in an
expeditious manner. For questions, please contact OCFA Planning & Development at (714) 744-0403.
JURISDICTION USE ONLY • , , ,
'DATE
BUILDING.DEPT. REFERENCENO.
pLANNBQG.DEP'r. REFERENCE NO.
SIGNATURE, CITY/COUNTY STAFF ' • '
,i r� � /� Lia/ 9i • � � li
ADDRESS
PLAN SUBMITTED AT THE OCFA FACIrLI}TTYY?? 0 YES-� NO G\ -��� RESUBMITTAAtL- 0 YES c❑ NO
PROJECT NAME:
PROJECT ADDRESS: `'f ��'`V�""•4PROJE `JURISDICTION:
ZIP CODE WITH EXTENSION:- r~�V PHU:'
f,
CONTACT NAME:
DEPENDING ON THE STAGE OF YOUR PROJECT, AT LEAST ONE OF THE FOLLOWING DATA ELEMENTS ISMANDATORY:
t
TRACT#/LOT#: - " PARCEL MAP: -�
T TAT1V .TRA #/LOT#: .COMMUNITYNAME: ,0
. • `Nw..$ It V4+d n..,:.sl�'-�..i .�
I HEREBY AUTHORIZE THE FOLLOWING PROJECT/PLANS REVIEW -SERVICES AND•AGREE TO PAY ALL FEES PRIOR TO ISSUANCE
OF APPROVALS OR BUILDING PERMITS. I ALSO ACKNOWLEDGE REEb#W' TyDF',/k:COPY HEREOF.
SIGNED X
Service. Requested: (select from service codes on reverse).
1 APPLICANT 1
4 JURISDICTION USE ONLY j
} ;FIRE Ai1THORITY USE ONLY;
SERVICE CODES
AMTCOLLEOTED
COMPLETELISERVICBS 1 UNPI'#
ACTUALFEE t'
$ eti
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CITY/COUNTY PROCESSING
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FEE:
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DA E Pr S
RECEIqPT �No.-
OCFA: ��SS
Initial Amount Collected:
$ 7
G C
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Sub -Total Due to
Additional Balance Due
$
Refund of OCFA Fee, if any:
or
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Refund Amount:
$
Total Fee Due to OCFA:
COMMENTS:
FORM ROUTING: I) NfiIIE: FIREAUTHORITY: 2) CANARY: REFUND/PAYMENT; 3) PINK: BLDG DEPT.: A) GOLD: CUSTOMER
AIL w F1211-320 frvn71__
• V---1 • .4
Planning and Development Services Department
Current Planning Services Division
Site Planning And Consistency Section
300 N. Flower Street
P. O. Box 4048
Santa Ana, CA,_92702 DATE: October 18, 1999
` 1
TO., d DEPT./DIST_ r
FROM: ief, Site Planning Section — .J
SUBJECT Planning Application PA99-0152 Coastal Development to ZA
File Date October 4, 1999
Response Date: November 8, 1999
Planner: Bill Melton 834-2541 fax 834-4652
Project Charge No. PP55528 other Dept EP55528
PROPOSAL Coastal Development permit to allow construction of 11 detached
residential pool cabana /garage or guest houses. Revision,.to previously approved PA98-
0049.
LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast
Please review the attached proposal and return any comments or recommendations that you might care to
offer. Returned comments, including a "no comment" are requested as an indication that you have received
the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee
with your approval. If you indicate no comment we will not send revised plans for your review unless
significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct
your comments to the planner assigned as noted above, or myself. Thank you for your cooperation.
Charles M. Shoemaker, Section Chief
Initial Plans: xx Revised Plans:
PLEASE RETURN THIS FORM
No Comment See Attached / Comments as follows
By; Date: 1 0 t I `19 Total Hours in Review j 0
Planning and Development Services Department
Current Planning Services Division
Site Planning And Consistency Section
300 N. Flower Street
P. 0. Box 4048
Santa Ana, CA, 92702
FROM: Chief, Site Planning Section
DATE: October 18, 1999
SUBJECT Planning Application PA99-0152 Coastal Development to ZA
File Date October 4, 1999
Response Date: November 8, 1999
Planner: Bill Melton 834-2541 fax 834-4652
Project Charge No. PP55528 other Dept EP55528
PROPOSAL Coastal Development permit to allow construction of 11 detached
residential pool cabana /garage or guest houses. Revision to previously approved PA98-
0049.
LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast
Please review the attached proposal and return any comments or recommendations that you might care to
offer. Returned comments, including a "no comment" are requested as an indication that you have received
the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee
with your approval. If you indicate no comment we will not send revised plans for your review unless
significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct
your comments to the planner assigned as noted above, or myself. Thank you for your cooperation.
Charles M. Shoemaker, Section Chief
Initial Plans: xx Revised Plans:
PLEASE RETURN THIS FORM
No Comment See Attached V Comments as follows
M
Date:
Total Hours in Review
County of Orange
DATE: October 20, 1999
M F�
TO: Bill Melton, Planner, Site planning Section
FROM: Acoustics, Building Permit Services
SUBJECT: Planning Application PA99-0152 Coast Development to ZA
T 15586 Project No. EP/PP55528
THE SUBJECT HAS BEEN SCREEN:
❑ We have no comments because this property is located:
❑ Not within the noise referral zone of 60 dB CNEL
❑ We have comments because this property is located:
❑ Within area of CNEL 60 dB or higher
❑ Within dB CNEL zone of airport or routine overflight
• Is noise sensitive land use, and is large in nature
• Is adjacent to proposed transportation corridor.
• And may generate noise in excess of Orange County Standards
• It is during this initial evaluation of a project that the effect of existing development, topographic features, or other
such noise attenuation measures is considered, although at a very general level of details. Acoustical analysis
reports shall be prepared in any instances where there is the possibility of unacceptable noise impacts. Thus,
unless it can be shown with certainty that the project is outside the area that has a CNEL of 60 or more decibels,
an acoustical analysis report will be required.
❑ Others:
♦ We recommended the following conditions: Standard Condition
Of Approval (N's)
• Detailed Analysis Noise Report ------------------------------------- NI
❑ Acknowledgment of airport activity ---------------------------------
❑ Avigation Easement ----------------------------------------------
❑ "Aircraft Noise Impact Area" Signs -----------------------------------
❑ Statement of overflight acknowledgement ---------------------------
• Compliance with Noise Ordinance & Grading Code ---------------- N7 & N9
• Statement of proposed transportation Corridor Impact ------------ N10
❑ Notification to Department of Real Estate of property
being adjac n o tr T rtation corridor ------------------------------
By:/l�
Ernie A Wernes
PDSWOMIA.I'99
° e
<tFOR�`
County of Orange
DATE: February 1, 2000
TO: County Clerk
FROM: George Britton, Manager, Environmental & Project Planning Services Division
SUBJECT: Previously PaidAB 3158 Fish and Game Fees
PROJECT: Coastal Development Permit PA 990152
Modification to Planning Application (PA) 980049, previously approved by the OC Planning
Commission on 7/7/98, which established 33 Single Family (SFD) detached units. Subsequent
PA 990042 was approved 6/28/99 for minor alterations to lot lines and grading.
The proposed project includes modifications to lots 12,17, 19-20, 25, 27, 29, 33-34, 36, and 39
that would permit perspective buyers of those lots the option of choosing to include either a
Pool Cabana, a Garage with a work alcove; or Guesthouse all within the same footprint to be
included with the single family dwelling proposed for those lots.
This is to inform you that the Fish & Game Fees for the above referenced project have
previously been paid to you office. The previous Notice of Determination for the earlier phase
of this project was filed as follows:
Date of Payment: 5/18/98
Fee Receipt Number: 19988500504 (74251)
A copy of the receipt is in your offices. In accordance with Section 711.4(g) of the Fish and
Game Code no additional AB 3158 fees are required for this project and the Notice of
Determination should be accepted and filed by your office.
Should you have any questions regarding this project please contact:
EPD Contact Person: Lyn Ahrens
Telephone Number: (714) 834-5154
George Britton, Manager
Environmental & Project Planning Services Division
By:
Attachment: Copy of Receipt
w
Planning and Development Services Department
Current Planning Services Division
Site Planning And Consistency Section
300 N. Flower Street
P. O. Box 4048
Santa Ana, CA, 92702
TO: �, <.q/an"/,/
FROM: Chief, Site Planning Section
RECEIVED
OCT 19 1999
BY:
• • October...
SUBJECT Planning Application PA99-0152 Coastal Development to ZA
File Date October 4, 1999
Response Date: November 8, 1999
Planner: Bill Melton 834-2541 fax 834-4652
Project Charge No. PP55528 other Dept EP55528
PROPOSAL Coastal Development permit to allow construction of 11 detached
residential pool cabana /garage or guest houses. Revision to previously approved PA98-
0049.
LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast
Please review the attached proposal and return any comments or recommendations that you might care to
offer. Returned comments, including a "no comment" are -requested as an indication that you have received
the proposal. Comments must be returned by the date indicated or it must be presumed that the project meets
with your approval. If you indicate no comment we will not send revised plans for your review unless
significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct
your comments to the planner assigned as noted above, or myself. Thank you for your cooperation.
Charles M. Shoemaker, Section Chief
Initial Plans: xx Revised Plans:
PLEASE RETURN THIS FORM
No Comment See Attached c-" Comments as follows
BY:M �� Y1i7aiU� Date: 11 /S /i`f , l Total Hours in Review
n
Planning and Development Services Department
Current Planning Services Division
Site Planning And Consistency Section
300 N. Flower Street
P. O. Box 4048
Santa Ana, CA, 92702 DATE: October 18, 1999
•OSection
SUBJECT Planning Application PA99-0152 Coastal Development to ZA
File Date October 4, 1999
Response Date: November 8, 1999
Planner: Bill Melton 834-2541 fax 834-4652
Project Charge No. PP55528 other Dept EP55528
PROPOSAL Coastal Development permit to allow construction of 11 detached
residential pool cabana /garage or guest houses. Revision to previously approved PA98-
0049.
LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast
Please review the attached proposal and return any comments or recommendations that you might care to
offer. Returned comments, including a "no comment" are requested as an indication that you have received
the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee
with your approval. If you indicate no comment we will not send revised plans for your review unless
significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct
your comments to the planner assigned as noted above, or myself. Thank you for your cooperation.
Charles M. Shoemaker, Section Chief
Initial Plans: xx Revised Plans:
PLEASE RETURN THIS FORM
No Comment See Attached K11'— Comments as follows
BY: -1247/ *jr e Date: l/ / Total Hours in Review � //-�7
up waL � ee�pultzeo ,
}Yao .
� M County of Orange �
Oy�lFO4�P
DATE: November 1, 1999
TO: Bill Melton
FROM: Bob Stanfield
SUBJECT: Tr. 15586 Model site plan review.
Refer to page 6, model trap fencing should be behind sidewalk as standard plans
require. How will residence living on scenic bluff get to scotia sea without walking in street? No
further comments.
Bob Stanfield
2�Y E• ° •
n
County of Orange
yLlFOna
DATE: October 26, 1999
TO: John Buzas, Manager, Current Planning Services
FROM: Manager, Subdivision and Grading Services
SUBJECT: PA 99-0152 Coastal Development Permit to Zoning Administrator
Taylor Woodrow Homes Newport Coast Planned Community
This is a Coastal Development Permit to the Zoning Administrator to allow for the construction
of either a detached Pool Cabana, Garage, or Guest House on 11 separate previously approved
lots.
The site is located within Development Areas 3A-2a, 3A-2b, and 3A-2c in the Newport Coast
Planned Community.
CIRCULATION:
Not applicable.
DISCUSSION:
The dead end parking aisle in the parking lot requires a turn around area in accordance with
Section 7-9-145.4 (b)(3) of the Zoning Code. A condition is recommended that prior to issuance
of a grading permit, a turn around area shall be provided in the dead end parking aisle in the
parking lot, in a manner meeting the approval of the Manager, Subdivision and Grading.
MAJOR THOROUGHFARE AND BRIDGE FEES:
This project lies within the area of benefit of the San Joaquin Hills Transportation Corridor. The
applicant is required to pay San Joaquin Hills Major Thoroughfare and Bridge Fees in
accordance with the adopted program.
Page 2
John Buzas
PA 99-0152 Coastal Development Permit to Zoning Administrator
Taylor Woodrow Homes Newport Coast Planned Community
CONDITIONS:
SG SG B
ROAD FEE PROGRAM
1. (T05) Prior to the issuance of building permits, the applicant shall pay fees for the Major
Thoroughfare and Bridge Fee Program listed below, in a manner meeting the
approval of the Manager, Subdivision and Grading.
SG SG G
a. San Joaquin Hills Transportation Corridor
SIGHT DISTANCE
2. (T07) Prior to issuance of any grading permits, the applicant shall provide adequate sight
distance at all street intersections per Standard Plan 1117, in a manner meeting the
approval of the Manager, Subdivision and Grading. This includes any necessary
revisions to the plan such as removing slopes or other encroachments from the limited
use area.
SG SG G DEAD END PARKING AISLE
Prior to issuance of any grading permits, the applicant shall provide a turn around
area in the dead end parking aisle in the parking lot, in a manner meeting the approval
of the Manager, Subdivision and Grading.
Patrick J. Stanton
KEH:keh
County of Orange
Planning & Development Services Department
zrFna�
August 19, 1998
The Irvine Company
550 Newport Center Drive
Newport Beach, California 92660
THOMAS B. MATHEWS
DIRECTOR
300 N. FLOWER ST.
THIRD FLOOR
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 927024048
TELEPHONE:
(714) 8344643
FAX N 834-2771
SUBJECT: TENTATIVE TRACT MAP NO. 15586
On August 12, 1998 the Orange .County Subdivision Committee approved the above -referenced
tentative tract, subject to the findings and conditions in the attached Orange County Subdivision
Committee Final Report.
The Committee's action conditionally approving this tentative map is valid for a period of three (3)
years and will expire on August 12, 2001. The expiration date may be extended' for a maximum of five
(5) additional years provided a written request is filed with the Director of Planning and Development
Services, prior to the expiration date shown above.
You are hereby notified that the fees, dedications, reservations or other exactions imposed on this
project are as described in this approval, as well as the reports and actions accompanying this
approval, and that the 90-day approval period in which the applicant may protest pursuant to
Government Code Section 66020 has begun.
You are also on notice that the 90-day approval period in which the applicant may protest pursuant to
Government Code Section 66020 has begun.
To avoid unnecessary delays in the recording of this tract map, we suggest that you contact Moe Idds
at 834-3470 regarding compliance will all conditions of approval, prior to the filing of the tract map
with the County Surveyor.
Very truly yours,
Patrick J. Stanton, Manager
Subdivision and Grading Services
PIS/mmc
Attachment: Final Report w/Map
cc: Hunsaker & Associates
1 .
^'TT 1**586
• Page of 15
Proposed Density: 138 du/ac
This project, as conditioned, is consistent with and in conformance with the General Plan and its implementing
documents.
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The proposed project is covered by Final EIR No. 568 previously certified on October d 6, 1997. Prior to project
approval, the Subdivision Committee must assert that it is adequate to satisfy the requirements of CEQA for the
proposed project.
EXISTING CONDITIONS:
The subject property is hilly and sloping undeveloped terrain in its natural state and covered primarily with natural
vegetation consisting of trees, shrubs, and grasses. Rough grading of the subject property has commenced.
The subject property is located within the San Joaquin Hills Area Master Plan of Drainage (MPD), and no drainage fees
are required at this time. Master Plan of Drainage Facility H02P01 is proposed within the tract and will need to be
constructed. All drainage shall be in conformance with the "Master Plan of Drainage and Runoff Management Plan"
for the Newport Coast Planned Community. Regional Facilities H02 and H03 are located outside the north and south
boundaries of the tract.
SOUND CONSIDERATION:
This project area will be impacted by intrusive noises, both aircraft and traffic. The extent of mitigation required will
be determined in connection with the acoustical analysis studies involved in the development of the property.
RECREATION AND OPEN SPACE:
Master Plan of Regional Recreation Facilities
There are no regional park dedication requirements of the subject map.
Master Plan of Regional Riding and Hiking Trails
There are no riding and hiking trail requirements of the subject map.
Master Plan of Local Parks (Local Park Code)
The Local Park Code requirement for the -subject map is 2.6 acres of park land based upon a proposal to build
325 residential units at a density of 1.38 du/ac (325 du x .008 ac/du).
The Local Park Code requirement shall be met by an allocation of park credit from Park Modification PM 89-3,
the Local Park Implementation Plan for the Newport Coast Planned Community
age
County of Ora • •
g M Planning and Development Services Department - Grading Section
o �e 300 North Flower Street - P.O. Box 4048
Santa Ana, California 927024048 FAX (714) 8344777,
TO: 6; II4 2v� «
,)
FROM: 0,6,00Z 1II=L,0..✓11PnW BY:
T.T. NO. SCTT NO. SCPM DEER
T.P.M. SUEPLAN Ppc��I 0I52 OTHER
COMMENTS
1. The height, arca and configuration of man-made slopes shall be
clearly shown. Ali slope arcas shall be shown by type.
2. Typical building pads proposed for the location of structures shall
be graphically indicated with approximate dimensions and setbacks.
3. Proposed finished guide elevations shall be shown:
A Along proposed streets and drives at one hundred (100) foot intervals
or opposite lot tamer, and
B. On each proposed building pad.
4. A statement of the estimated volume of export or borrow earth material required
and the location of the disposal or borrow site shall accompany the tentative map.
S. A statement of the maintenance responsibility for each slope itiect shall be made.
b. Soils and Geology Report:
• A preliminary report, or reports describing the soils and their effect
on the feasibility of the plan of development, including the grading concept,
shall be submitted with tentative tract map. This report shall be prepared
under the supervision of a soil engineer and an engineering geologist.
7. Height and inclination of man-made slopes exceed the requirements:
A Vertical height maximums for slopes to excess of (steeper than) five
(5) feet horizontal to one (1) foot ventcal.
1) TypeAslope-none.
2) Type B slope • thirty-five (35) feet.
3) Type C slope —twenty (20) feet.
B. Man-made slopes shall not be constructed one on top of another or
combined in such a manner so that they exceed the maximum height specific
C. Man-made slope shall be no steeper than two (2) feet horizontal to
one (1) foot - vertical.
8. Hillside Lot Design Criteria; Length and contour of man-made slopes:,
A Man-made slopes shall be designed to resemble natural terrain where feasibi�
with a minimum of long, flat, inclined plane surface and acute angles.
B. Lots shall be designed so that where type C slope are proposed between
abutting lots, the common property line shall be the top of slope.
9. Drainage and Erosion Control Standards:
where any lot is designed in such a manner that it will not drain directly to a
street or common drainage facility with a min. one percent, it shall be designed
In a manner that will conform to the following criteria
A Lots shalt be designed in such a manner that man-made slopes are not
subject to sheet flow or concentrated drainage runoff from the either the
the same or adjacent lot.
B. All drainage flowing down man-made slope except that drainage from
water falling an each slope shall be contained within an appropriate
drainage device.
C. All drainage flowing from one lot to or across another within aproperly
executed easement, whereappropnate.
ADDITIONAL REMARKS
— �rOvt�.e, Q/J�I�IN�14�_I e•d. P�i/l.1ltiWOt��
SV.IOAiI.."P1GIeI �L� 61 �Yp.�.tv��1 N1� InfWol�
�r�t� d�v^AtNI.�{gl2 f:A/�2v�-�.1.�J1 WN2YE.
OlnkleJ tr te,
-6 It �\�vJ �.nc��t J>0 -._ t,s
Z _^'1a'X tr�[nvN-
0
J
JII mJ,a,v,} Gwe� YO-l- Jv*1'
C1XA\v�0.�� ��p05t5 M�\/f�•
5LowIN Co- tk� P[AV,,
—ND�'Urr,�c�, �-CrmtSStD w ��YA�
/�,,,,� BUJ ,� ct • �1
�O✓�S�tV11
�D7\�t�AX1. �T IV, �l1/ietV
Is �-
�� Fly i l-t• -4.
10. Recreation Trails:
A. Anote
eationshall beplall onormtotentative map which
tsoft eCountyofO
ng of
recreation trails shall conform to the requirements of the County of Orange
Grading and Excavation code.
B. Major cuNfill slope and drainage devices related to recreation trails shall
beshown.
Planning and Development Services Department
Current Planning Services Division
Site Planning And Consistency Section
300 N. Flower Street �I
P. 0. Box 4048 1�5/99
Santa Ana, CA, 92702 DATE: October 18, 1999
TO: P. DEPT./DIST
FROM: Chief, Site Planning Section
SUBJECT Planning Applicat n PA99-0152 Co stal Development to ZA
File Date October 4, 1999
Response Date: November 8, 1999
Planner: Bill Melton 834-2541 fax 834-4652
Project Charge No. PP55528 other Dept EP55528
PROPOSAL Coastal Development permit to allow construction of 11 detached
residential pool cabana /garage or guest houseslRevision to previously approved PA98-
0049.
LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast
Please review the attached proposal and return any comments or recommendations that you might care to
offer. Returned comments, including a "no comment" are requested as an indication that you have received
the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee
with your approval. If you indicate no comment we will not send revised plans for your review unless
significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct
your comments to the planner assigned as noted above, or myself. Thank you for your cooperation.
Charles M. Shoemaker, Section Chief
Initial Plans: xx Revised Plans:
PLEASE RETURN TIES FORM
No Comment c/ See Attached Comments as follows
BY: 1z - e& a Q- Date: 0 ' S* C ? 9 Total Hours in Review '/'z—
Planning and Development Services Department
Current Planning Services Division
Site Planning And Consistency Section
300 N. Flower Street
P. 0. Box 4048
Santa Ana, CA, 92702
DATE: October 18, 1999
TO: DEPT./DIST 4Y
FROM: Chief, Site Planning Section
SUBJECT Planning Application PA99-0152 Coastal Development to ZA
File Date October 4, 1999
Response Date: November 8, 1999
Planner: Bill Melton 834-2541 fax 834-4652
Project Charge No. PP55528 other Dept EP55528
PROPOSAL Coastal Development permit to allow construction of 11 detached
residential pool cabana /garage or guest houses. Revision, to previously approved PA98-
0049.
LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast
Please review the attached proposal and return any comments or recommendations that you might care to
offer. Returned comments, including a "no comment" are requested as an indication that you have received
the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee
with your approval. If you indicate no comment we will not send revised plans for your review unless
significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct
your comments to the planner assigned as noted above, or myself. Thank you for your cooperation.
Charles M. Shoemaker, Section Chief
Initial Plans: xx Revis`ed Plans:
PLEASE RETURN THIS FORM
No Comment See Attached Comments as follows
BY: Date: / Date: �f_� Total Hours in Review
s7 � f.
•
11
Planning and Development Services Department
Current Planning Services Division
Site Planning And Consistency Section
300 N. Flower Street
P. 0. Box 4048
Santa Ana, CA, 92702
DATE: October 18, 1999
TOE itit P� r�7 Di�EPT./DIST1®C� /J uc
FROM: Chief, Site Planning Section
SUBJECT Planning Application PA99-0152 Coastal Development to ZA
File Date October 4, 1999
Response Date: November 8, 1999
Planner: Bill Melton 834-2541 fax 834-4652
Project Charge No. PP55528 other Dept EP55528
PROPOSAL Coastal Development permit to allow construction of 11 detached
residential pool cabana /garage or guest houses. Revision to previously approved PA98-
0049.
LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast
Please review the attached proposal and return any comments or recommendations that you might care to
offer. Returned comments, including a "no comment" are requested as an indication that you have received
the proposal. Comments must be returned by the date indicated or it must be presumed that the project meets
with your approval. If you indicate no comment we will not send revised plans for your review unless
significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct
your comments to the planner assigned as noted above, or myself. Thank you for your cooperation.
Charles M. Shoemaker, Section Chief
Initial Plans: xx Revised Plans: _
PLEASE RETURN THIS FORM
No Comment See Attached Comments as follows
By: Date: Total Hours in Review
Received: 2/28/00 3:54PM; 9498609140 -> CURRENT PLANNING DIVISION ; Page 1
2-28-00; 3:50PM;FORMA *IGN • ;9496609140 * 1/ 3
F(Y^
LETTER OF TRANSMITTAL
Date: February 28, 2000 , Job No. 968/03.100
To: Bill Melton , Client: Taylor Woodrow Homes
County of Orange / P&DSD L. Project: Newport Coast
LL Purpose:
LTransmitted Via:
For Your Approval
For Your Use
•
For Your Information
-�
For Your Review/Comments
As Requested by
{�>,
Other
NV
Description:
Mail
Federal Express
Messenger
Blueprinter
Other
Fax No. 714 834-4652
Phone No. 714 834-2541
No. Pages (Inc. cover) 3
PA 990152 Lot Size Table & Guest House Floor Plan Exhibit
Remarks:
Per your request.
From: Crai man
�• CC;
17500 Redhlll Ave., Suite 100; Irvine, CA 92614.5645 (714) 660-1900 FAX (714) 660.9140 E-mail: Info@formacompanles.com
8910 University Center Lane • Suite 250 • San Diego, CA 92122 U.S.A. •(619) 453-1900 • FAX (619) 535-1181
COMMUNITY PLANNING. LANDSCAPE ARCHITECTURE. RECREATION GEEIGN AND SPECL EFFECTS -UNMAN DEMON. ENVIRONMENTAL MANAGEMENT. GOVERNMENT MERVICES-MM%NO SERVICE!
Received: 2/28/00 3:55PM•
2-26-00; 3; SOPM; FORMA 4 GN
94966D9140 -> CURRENT PLANNING DIVISION ; Page 2
. ;9496609140 # 2/ 3
OPTION 1 — POOL CABANA
RIGHT ELEVATION
24'-0n g��n
I
y_yn �i_yn
2 _Q Bi_3n
OPTION 1 - POOL CABANA
FLOOR PLAN
Source: RobWHbWArcNtew
NWAPW Sr h.CA
MAVOW
TAYLOR VMDRM
OPTIO
RICH`
Received:
2/28/00 3:55PM;
9496609140
-> CURRENT PLANNING DIVISION ;
Page 3
a-26-00{
3:50PM:FORMA 0 IGN
• :9496809140
# 3/ 3
Table 3.1
Newport Coast - Development Areas 3A-2a, -b and -c
Detached Pool Cabana/Garage or Guest House Lot Sizes
LOT NO.
25
PLAN TYPE
2
LOT SIZE
21,530
27
3
15,528
29
3
17,745
33
12
3R
1
15,502
23,148
17
2R
17,878
19
2R
17,052
20
34
1
3R
21,039
12,785
36
2
17,346
39
211
16,447
Note: The Newport Coast Local Coastal Program Residential Planning Area
Regulations, Accessory Permitted Uses, page 11-4.15 provides i One guest cottage or
caretaker unit per building site, limited to 1,500 square feet; onbuilding sites of a
minimum 10,000 square feetj . 'Lot sizes for lots with guest cottages in Development
Areas 3A-2a, -b, and -2c are consistent with this requirement as demonstrated in the
table below. The subject lots are all in excess of the 10,000 square foot minimum
requirement.
16
Planning and Development Services Department
Current Planning Services Division
Site Planning And Consistency Section
300 N. Flower Street
P. 0. Box 4048
Santa Ana, CA, 92702
TO:
FROM: Chief, Site Planning Section
DEPT./DIST
I
DATE: October 18, 1999
SUBJECT Planning Application PA99-0152 Coastal Development to ZA
File Date October 4, 1999
Response Date: November 8, 1999
Planner: Bill Melton 834-2541 fax 834-4652
Project Charge No. PP55528 other Dept EP55528
PROPOSAL Coastal Development permit to allow construction of 11 detached
residential pool cabana /garage or guest houses. Revision to previously approved PA98-
0049.
LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast
Please review the attached proposal and return any comments or recommendations that you might care to
offer. Returned comments, including a "no comment" are requested as an indication that you have received
the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee
with your approval. If you indicate no comment we will not send revised plans for your review unless
significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct
your comments to the planner assigned as noted above, or myself. Thank you for your cooperation.
Charles M. Shoemaker, Section Chief
Initial Plans: xx Revis`ed Plans:
PLEASE RETURN THIS FORM
No Comment See Attached Comments as follows
By: Date: Total Hours in Review
0
Filed Case No.: /. 9-t> 2 Date Sent Out: �b
Date Filed: /Q4//�� Comments Due By:
I. GENERAL DISTRIBUTION
Reply
Sent Received Requested Comments from the followin
[ ] [ ] Board of Supervisors Attn:
County Executive Office Attn:
Fire Safety Specialist / O.C. F. A Development Review
v 180 So.Water St. Orange (only if a fee has been paid first)
Vector Control Disttrict Attn: J. Earnest, horse stables, farms
HCA/Environmental Health Attn: Director Jack Miller
[
[ ] P/DSD
Development Services - Acoustics Attn: B. Chin
[ ]
[ ] PF/RD
Public Works - Flood Program Attn: Herb Nakasone
[ ] PF/RD
Public Works - Special Projects Attn: Andy Kerr
P/DSD
Development Services/NPDES - M. Serizawa
[
[ ] P/DSD
Environ./Prof. Planning Attn: Marc Esslinger (S.A. Heights)
[ ] P/DSD
Advance Planning - Bob Aldrich
[ ] P/DSD
Traffic Engineering - Attn: Grant Anderson
[ ] P/DSD
Transportation Planning - H. Persaud
[ ] PF/RD
Public Property Permits -,Doug Witherspoon
[ J PF/RD
HBP - Program Planning - Attn: E. Jessen
[ J
[ ] PF/RD
HBP Historical Preservation Attn: M. Brajdic
( ] P/DSD
Development Services - Grading Attn: J. Earnest
P/DSD
Development Services - Drainage Attn: R. Young
[ J
[ ] P/DSD
Development Sevices - Streets Attn: M. Idris
[ ]
[ ] Orange County Transportation Authority
E1 Toro
Reuse Attn: Bryan Speegle
PDSD/ZA
& Resources Planning Attn: Gary Medieros
II. SPECIAL DISTRIBUTION
Cities Attn: Planning or Development Dept.:
State/Federal Agencies:
State Permit Assistance Center - Attn: Director Danian M.
Special Districts (Schools and Water Districts)
Review Boards:
Homeowner Associations:
Others:
Others:
My
-------------------------------------------
-------- -----------------
COUNTY OF ORANGE
PLANNING & DEVELOPMENT SERVICES DEPARTMENT
PUBLIC FACILITIES & RESOURCES DEPARTMENT
* REPRINTED * RECEIPT
----------------------------------
10/05/99 10:13
Receipt Number: R9927779
Activity Number: PA990152
Payment Date: 10/05/1999
Payer: TAYLOR WOODROW HOMES
Address: 24461 RIDGE ROUTE RD
LAGUNA HILLS CA
92653
Phone #:
Trust ID:
Applicant: FORMA
Address: 3100 BRISTOL, STE: 100
COSTA MESA CA
ATTN: CRAIG HOFFMAN
92626
Phone #: 714 540-4700
Job Address:
Parcel: 15586- 0-TM -
Additional Info:
ACCUMULATIVE CHARGES
Fee
Item
Description
Charges
Coding
1060
LAND USE FEE DEPOSIT
2,000.00
300306 92000015
1066
ENV. ANALYSIS - IS TRUST
2,000.00
300306 92000010
8004
FIRE FEE -SITE DEVEL CUP
87.00
113113 91100123
Total Charges:
4,087.00
Total Payment:
4,087.00
CURRENT PAYMENT
Method: 61975 Notation: TAYLOR WOODROW Operator: BARTCHAR
Check/Cash: 4,087.00
Trust: .00 Account No.;
Total Paid: 4,087.00
Balance Due: .00
The fees, dedications, reservations or other executions imposed by this
development approval must be protested, if at all, within the 90 day -approval
period imposed by Government Code section 66020.
County of Orange
Planning & Development Services Department
/. �
August 19, 1998 U"
The Irvine Company 1
550 Newport Center Drive
Newport Beach, California 92660 �•
SUBJECT: TENTATIVE TRACT MONC). 15586
THOMAS B. MATMWS
DIRECTOR
300 N. FLOWER ST.
THIRD FLOOR
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 927024048
TELEPHONE:
(714) 8344643
FAX B 834-2771
On August 12, 1998 the Orange Cou)*—SnGdivision Committee approved the above -referenced
tentative tract, subject to the findings and conditions in the attached Orange County Subdivision
Committee Final Report.
The Committee's action conditionally approving this tentative map is valid for a period of three (3)
years and will expire on August 12, 2001. The expiration date may be extended'for a maxiTum of five
(5) additional years provided a written request is filed with the Director of Planning and Development
Services, prior to the expiration date shown above.
You are hereby notified that the fees, dedications, reservations or other exactions imposed on this
project are as described in this approval, as well as the reports and actions accompanying this
approval, and that the 90-day approval period in which the applicant may protest pursuant to
Government Code Section 66020 has begun.
You are also on notice that the 90-day approval period in which the applicant may protest pursuant to
Government Code Section 66020 has begun.
To avoid unnecessary delays in the recording of this tract map, we suggest that you contact Moe Idds
at 834-3470 regarding compliance will all conditions of approval, prior to the filing of the tract map
with the County Surveyor.
Very truly yours,
Patrick J. Stanton, Manager
Subdivision and Grading Services
PJS/mmc
Attachment: Final Report w/Map
cc: Hunsaker & Associates
Page 1 of 15
FINAL
TENTATIVE TRACT MAP REPORT
DATE: August 12, 1998
SUBJECT: Tentative Tract Map No. 15586 (Vesting)
SUBDIVIDER: The Irvine Company
ENGINEER: Hunsaker & Associates
SUBDIVISION SECTION CONTACT: Vic Bellaschi 834-5045
LOCATION: Between Los Trancos Canyon and Muddy Canyon northeast of Pacific Coast Highway in the
Newport Coast Planned Community.
ASSESSORS PARCEL NO. 477-101-01 thru23 & 25; 477-031-06, por 19 & por 20.
PROJECT NO. EP/PP 69838
SUMMARY: Proposes a subdivision of approximately 235.1 acres of land into 325 lots for single family
residential development, I lot for a private park, 1 lot for a pump station, I lot for a guard gate, 27
lots for open space, 3 lots for fuel modification, 25 lots for private streets, and 2 lots for private
drives.
Coastal Development Permit PA 98-0049 for the Newport Coast Planned Community -Planning
Areas 3A-2, 3B & 12B was conditionally approved by the Planning Commission on July 7, 1998,
NOTIFICATION:
All federal, state, and county departments, divisions and agencies having cognizance of the affected area, the Cities of
Newport Beach and Laguna Beach, the Friends of the Irvine Coast, the Laguna Canyon Conservancy, and all property
owners within 300 feet of this property.
GENERAL PLAN CONSISTENCY/ZONING COMPLIANCE:
Land Use Element: 1B Suburban Residential (.5-18 du/ac)
Community Profile: 1.2 Low Density Residential (.5-2.0 du/ac)
Planned Community: Newport Coast Planned Community
Planning Area 3A-2
Designated for Medium Density Residential (3.5-6.5 du/ac)
Planning Area 3B
Designated for Medium Density Residential (3.5-6.5 du/ac)
Planning Area 12B
Designated for Recreation
TT 15586
Proposed Density: 1.38 du/ac
Page 2 of 15
This project, as conditioned, is consistent with and in conformance with the General Plan and its implementing
documents.
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The proposed project is covered by Final EIR No. 568 previously certified on October 16, 1997. Prior to project
approval, the Subdivision Committee must assert that it -is adequate to satisfy the requirements of CEQA for the
proposed project.
EXISTING CONDITIONS:
The subject property is hilly and sloping undeveloped terrain in its natural state and covered primarily with natural
vegetation consisting of trees, shrubs, and grasses. Rough grading of the subject property has commenced.
DRAINAGE:
The subject property is located within the San Joaquin Hills Area Master Plan of Drainage (MPD), and no drainage fees
are required at this time. Master Plan of Drainage Facility H02P01 is proposed within the tract and will need to be
constructed. All drainage shall be in conformance with the "Master Plan of Drainage and Runoff Management Plan'
for the Newport Coast Planned Community. Regional Facilities H02 and H03 are located outside -the north and south
boundaries of the tract.
SOUND CONSIDERATION:
This project area will be impacted by intrusive noises, both aircraft and traffic. The extent of mitigation required will
be determined in connection with the acoustical analysis studies involved in the development of the property.
RECREATION AND OPEN SPACE:
Master Plan of Regional Recreation Facilities
There are no regional park dedication requirements of the subject map.
Master Plan of Regional Riding and Hiking Trails
There are no riding and hiking trail requirements of the subject map.
Master Plan of Local Parks (Local Park Code)
The Local Park Code requirement for the subject map is 2.6 acres of park land based upon a proposal to build
325 residential units at a density of 1.38 du/ac (325 du x .008 ac/du).
The Local Park Code requirement shall be met by an allocation of park credit from Park Modification PM 89-3,
the Local Park Implementation Plan for the Newport Coast Planned Community
TT 15586
Page 3 of 15
It is noted that Lot 326 is designated as a park on the subject map. A Local Park Implementation Plan
amendment and accounting update for PM 89-3 shall be approved by the Orange County Subdivision
Committee prior to or concurrent with approval of the first subdivision map if either of the following occurs:
a. The applicant desires public Local Park Credit for Lot 326 acreage an/or improvements.
b. The applicant requests private park credit and placement of a private park easement to the County of Orange
over Lot 326.
Resources Element - Open Space Component
Scenic Preservation Easement: The subdivider is required to dedicate an easement to the County of Orange over
the open space and fuel modification areas adjacent to Crystal Cove State Park, the golf course, Los Trancos
Canyon and the private open space area in PA 12B or scenic preservation purposes.
Landscape Plan: A landscape plan which will include the improvements and maintenance of the scenic preservation
easement will be required.
Master Plan of Countywide Bikeways
No bikeways are identified on the Master Plan of Countywide Bikeways that affect this map.
PUBLIC SERVICES AND UTILITIES:
Schools
This property is within the boundaries of the Laguna Beach Unified School District. The developer is subject to
the provisions of Assembly Bill AB 2926, or other mitigating measures designed to provide for school facilities
and/or funding, such as community facilities districts.
Facilities Fee Programs
This project area is located in a facilities fee program area, as the program is defined in Section 7-9-702,
Codified Ordinances of Orange County, for the funding of library service, fire station and sheriff substation
facilities.
This project area is included within the Newport Coast Development Agreement (DA 87-16) which was
amended on December 3, 1996 and which phases development with the ability to expand public services and
facilities. It thereby promotes the objectives of the adopted Growth Management Element.
Water/Sewer
This project is within the boundaries of the Irvine Ranch Water District. The District stated in their "will -serve"
letter that the District will be capable of providing water and sewage disposal service to this development.
TT 15556
Page 4 of 15
Water Quality Control
The Irvine Ranch Water District operates in accordance with requirements prescribed by the California Regional
Water Quality Control Board, Santa Ana Region.
Fire Protection and Safety
Existing and proposed fire protection services should be capable of providing an adequate level of fire protection
services to this development.
This property is located in a very high fire hazard area due to wildland exposure.
County Service Area (CSA)
This property is within the boundaries of County Service Area No. 26.
CIRCULATION:
Scenic Highway Corridors
There are no requirements based upon the Master Plan of Scenic Highways applicable to this map.
Access/Highways/Streets/Roads
Access to the proposed development within the subject tentative tract will be from Crystal Cove Drive (formerly
Sand Canyon Avenue) a secondary highway via "C" and "E" Streets; local collector streets. A traffic signal is
proposed at the intersection of Crystal Cove Drive and Pacific Coast Highway. Pacific Coast Highway is
indicated as a major arterial highway on the Master Plan of Arterial Highways.
Major Thoroughfare and Bridge Fee Program
This project lies within the area of benefit of the San Joaquin Hills Transportation Corridor. The subdivider is
required to pay SJHTC Major Thoroughfare and Bridge fees in accordance with the adopted program.
This project lies within the area of benefit of the Coastal Area Road Improvements and Traffic Signal Fee
Program. On August 1, 1995 the Board of Supervisors approved T95-1 (Resolutions 95-560 and 95-561)
adopting the CARITS Fee Zone 1 Closing Report which relieves The Irvine Company of the obligation to
participate in the CARITS Road Fee Program.
Off -Site Fee Program
This project will be responsible for participation in fee programs off -site which will involve expenditures in
excess of $155,000.00. Accordingly, the provisions of Section 66452.6(a), Subdivision Map Act, do apply to
this project.
COMMENTS FROM CIVIC GROUPS AND OTHERS NOTIFIED:
Comments were received from the City of Newport Beach.
TT 15586 Page 5 of 15
DEVIATIONS FROM STANDARDS OF DESIGN:
The subdivider may request deviations from County -approved standard design criteria in accordance with Section
7-9-291 of the Orange County Subdivision Code. In the absence of any approved deviation request or if there is a
conflict between the tentative map and the County -approved standard design criteria, the County -approved standard
design criteria will prevail.
Deviations Requested
The subdivider is requesting the following deviations to the Orange County Subdivision Code:
Deviation from Standard Plan 1107 (Typical Sections) to allow for the use of rolled curbs instead of
standard curbs — and — a deviation from Standard Plan 1201 (Concrete Rolled curbs) to allow for the
proposed rolled curbs to be constructed as indicated on the tentative tract map rather than as required.
2. Deviation from Standard Plan 1107 (Typical Sections) to allow an increase in the maximum permitted
grade on "C" Street from 10% to 12%.
3. Deviation from Orange County Subdivision Code Section 7-9-274 (Curved Local Street and Highway
Radii) to allow or the reduction of the centerline radius to less than the required 250 feet as follows:
Street Radius Requested (Feet)
"C"
155 & 170
'IF"
155 & 125
"H"
160
"1"
150 (in two sections)
"T'
170 & 135
«K>,
75
"L"
125 & 175
"M"
115
"N"
100
«P,>
125,225 & 245
« R,>
135 & 105
'IS"
18o & 80
"T"
115 & 235
`lull
245
"V,,
130 & 140
" XI
100
"Y"
195
«Z"
185
Traffic Review does not oppose these deviations.
L_
TT 15586
Page 6 of 15
SUDIVISION CONMUTTEE ACTION:
Tentative Tract No. 15586 (Vesting) is approved, and the approval includes the 3 deviations, the following 22
findings, and is subject to the 20 conditions which follow the findings.
Findings:
I. That the proposed map is consistent with the Orange County General Plan.
II. That the design and improvement of the proposed subdivision are consistent with the Orange County
General Plan.
III. That the proposed site is physically suitable for the proposed type of development.
IV. That the proposed site is physically suitable for the proposed density of development.
V. That the design of the subdivision or the proposed improvements are not likely to cause substantial
environmental damage or substantial and avoidable injury to fish or wildlife or their habitat.
VI. That the design of the subdivision and the type of improvements proposed are not likely to cause serious
public health problems.
VII. That the design of the subdivision and the type of improvements proposed will not conflict with easements of
record or established by courtjudgment acquired by the public -at -large for access through or use of property
within the proposed subdivision.
VUL That the proposed subdivision complies with the requirements set forth in the Orange County Subdivision
Code and the Orange County Zoning Code.
IX. That the design and improvement of the proposed subdivision are suitable for the uses proposed, and the
subdivision can be developed in compliance with applicable zoning regulations pursuant to Section 7-9-254
of the Subdivision Code,
X. That the Subdivision Committee has considered Final EIR 568, previously certified on 10/19/89, prior to
project approval.
M. That pursuant to Section 711.4 of the California Fish and Game Code, this project is exempt from
the required fees as it has been determined that no adverse impacts to wildlife resources will result from the
project. However, the required fees were paid previously. Receipt No. 500504 (5/18/98).
XII. That the proposed project will not have a significant unmitigated impact upon Coastal Sage Scrub
habitat and, therefore, will not preclude the ability to prepare an effective subregional Natural Communities
Conservation Planning (NCPP) Program.
XIII. That the discharge of waste from the proposed subdivision into the existing sewer system of the
Irvine Ranch Water District will not result in violations of existing requirements prescribed by the California
Regional Water Quality Control Board, Santa Ana Region.
TT 15586
Page 7 of 15
XIV. That the design of the subdivision and its improvements do provide, to the extent feasible, for
future passive or natural heating or cooling opportunities as specified in Section 66473.1 of the Government
Code (Subdivision Map Act).
XV. That the following determinations apply to fees required by Sections 7-9-700 through 713,
Codified Ordinances of Orange County:
A. Purpose of fees: Fire protection, paramedic, law enforcement, library, and general County services.
B. Use of fees: Construction of new fire station, sheriff substation, library, and general
County facilities in newly developing areas which have inadequate service.
C. Relationship between use of fees and type of development: Dwelling units and commercial/industrial
structures and their occupants require fire protection, paramedic, law enforcement, library, and general
County services.
D. Relationship between need for facilities and type of project: Project is located in newly developing area
which has inadequate fire protection, paramedic, Iibrary services, and sheriff substation and general
County facilities.
E. Relationship between amount of fees and cost of the portion of the facilities attributable to the
development: Fees represent projects pro rata share of the cost of the fire station, sheriff substation,
library, and general County facilities.
XVI. That because of participation in fee programs for off -site improvements, this project will qualify for
consideration under Section 66452.6 of the Subdivision Map Act.
XVII. That the deviations from the standards of design set forth in the Subdivision Code Subdivision Committee
Report or specific special circumstances which apply.
XVIII. That the Local Park Code requirement can be met by an allocation of park lands credit from PM 89-03,
the park implementation plan for the Newport Coast Planned Community.
XIX. That the Coastal Area Road Improvements and Traffic Signals Fee Program was considered and
requiring the developer to participate in a fee program constitutes an acceptable mitigating
circumstance and the developer has fulfilled its obligation.
XX. That the Newport Coast Development Agreement contains provisions requiring developer participation in fee
programs, facility construction and development phasing and is therefore in compliance with the adopted
Growth Management Element in terms of public services and facilities being made available to accommodate
development.
XXI. That the monitoring requirements of Public Resources Code Section 21081.6 (AB 3180) will be considered
as having been met in that the design of the subject project, the satisfaction of the requirements of the
County's building, grading, fire, and other codes and ordinances and the satisfaction of the conditions of
approval applied to the project will implement the mitigation measures contained in EIR No. 568.
XXII. That the applicant is hereby provided notice that the fees, dedications, reservations or other exactions
imposed on this project are as described in this approval as well as the reports and actions accompanying
this approval and that the 90-day approval period in which the applicant may protest pursuant to
Government Code Section 66020 has begun
TT 15586
Page 8 of 15
Conditions:
Codes
(G)
(R)
(B)
(U)
(SL)
(NA)
(for time of performance/type of condition)
Grading Permit
Recordation
Building Permit
Use and Occupancy
Sale, Lease, or Rental
Timing not Specified
(S) Standard Condition
(SS) Site Specific Condition
NOTE: Any improvements required prior to the recordation of a final map shall be completed or the
subdivider shall enter into an agreement with the County of Orange guaranteeing the improvements. Said
agreement shall be accompanied by financial security guaranteeing the installation of the improvements at
the time stated in the agreement.
PLANNING APPLICATIONNO.98-0049 FOR COASTAL DEVELOPMENT PERMIT
(G) 1. LP LPG PA 98-0049 COND
Prior to the issuance of any grading permits, the applicant shall comply with PA Conditions:
7. Special —Drainage and Grading (G)(SS)
14A,B&C. Drainage Study (G)(S)
15. Drainage Improvements (G)(S)
17. NPDES Permit (G)(S)
18. Drainage Offsite (G)(S)
21. Cross -Lot Drainage (G)(S)
23. Vector Control (G)(S)
28. Pollutant Runoff(GXS) (Precise Grading Permits Only)
37. Access Gates (G)(S)
39. Street Plans (G)(S)
40A. Street Markings (G)(S)
46A. Fuel Modification (G)(S)
46B. Fuel Modification (GXS) (Precise Grading Permits Only)
47. Geology Report (G)(S)
48. Grading Deviation (G)(S)
49. Grading Restriction (G)(S)
50. Grading (G)(SS)
51. Construction Noise (G)(S)
52. Coastal Sage Scrub (G)(SS)
55A. Acoustical Report (G)(S)
57. Sight Distance (G)(S)
59. Maneuvering Areas (G)(SS)
TT 15586
Page 9 of 15
(R) 2. LP LP R PA 98-0049 COND
Prior to the recordation of a subdivision map, the subdivider shall comply with PA Conditions:
9. Growth Management (R)(SS)
13. Assessment District Financing (R)(S)
14A,B&C. Drainage Study (R)(S)
15. Drainage Improvements (R)(S)
16. Drainage Improvements (R)(S)
18. Drainage Offsite (R)(S)
19. MPD Participation (R)(S)
20. Easement Subordination (R)(S)
21. Cross -Lot Drainage (R)(S)
22. Sewer Lines (R)(SS)
25. Notice of Determination (R)(S)
28. Pollutant Runoff (R)(S)
29. Water Improvement Plans (R)(S)
31. Special Fire Protection Area Notification (R)(S)
33. Fire Access (R)(S)
34. Fire Hydrants (R)(S)
45. Traffic Signal Pre-emption Devices (R)(S)
50. Grading (R)(S)
53. Landscaping (R)(SS)
54A. Preliminary Landscape Plan (R)(S)
55A. Acoustical Report (R)(S)
58. Private Street Notification (R)(S)
60. Building Site Access (R)(S)
62. Special -Pedestrian Circulation System (R)(S)
63. Underground Utilities (R)(S)
64. Special -Pedestrian and Bicycle Paths (R)(S)
65. Local Park Implementation Plan (R)(S)
66. Assessment District (R)(S)
67. Assessment District Application Form (R)(S)
(B) 3. LP LP B PA 98-0049 COND
Prior to the issuance of any building permits, the applicant shall comply with PA Conditions:
10. Buyer Notification Map (B)(S)
11. Homeowner Notification (B)(SS)
14D&E. Drainage Study (B)(SS)
24. Architectural Coatings (B)(SS)
27. Energy Efficient Appliances (B)(SS)
28. Pollutant Runoff (B)(S)
30. Construction Phasing Plan (B)(S)
32. Special Fire Protection -Area Development (B)(S)
35. Auto Fire Extinguishing Systems (B)(S)
38. Fire Sprinklers (B)(S)
41. Combustible Construction Letter (B)(S)
TT 15586 Page 10 of 15
42. Water Availability(B)(S)
46C. Fuel Modification (B)(S)
54B. Detailed Landscape Plan (B)(S)
55B. Acoustical Report (B)(S)
55C. Acoustical Barriers (B)(S)
61. Development Site Access (B)(S)
(U) 4. LP LP U PA 98-0049 COND
Prior to the issuance of any final certificates of use and occupancy, the applicant shall comply
with PA Conditions:
8. NCCP Boundary (U)(SS)
12. Special Tax Notification (U)(S)
16. Drainage Improvements (U)(S)
36. Fire Alarm System (UxS)
40B. Street Markings (U)(S)
43. Fire Hydrant Markers (U)(S)
44. Fire lanes (U)(S)
46D. Fuel Modification (U)(S)
54C. Landscaping Installation Certification (U)(S)
56. Aircraft Overflight (U)(S)
68. Aircraft Overflight (U)(S)
ARCHAEO/PALEO
(G) 5. HP HP G ARCHAEO OBS & SALVAGE
(S) Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the
Manager, Subdivision and Grading, that a County -certified archaeologist has been retained, shall be
present at the pregrading conference, shall establish procedures for archaeological resource
surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily
halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as
appropriate. If the archaeological resources are found to be significant, the archaeological observer
shall determine appropriate actions, in cooperation with the project developer, for exploration and/or
salvage. The archaeologist shall submit a follow-up report to the Manager, Coastal & Historical,
which shall include the period of inspection, an analysis of any artifacts found and the present
repository of the artifacts. Excavated finds shall be offered to the County of Orange, or designee, on a
first refusal basis. These actions, as well as final mitigation and disposition of the resources, shall be
subject to the approval of the Manager, Coastal & Historical.
(G) 6. HP HP G PALEO OBS & SALVAGE
(S) Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the
Manager, Subdivision and Grading, that a County -certified paleontologist has been retained to observe
grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present
at the pregrading conference, shall establish procedures for paleontological resource surveillance, and
shall establish, in cooperation with the project developer, procedures for temporarily halting or re-
directing work to permit sampling, identification, and evaluation of the fossils. If major
paleontological resources are discovered, the paleontologist shall determine appropriate actions, in
cooperation with the project developer, which ensure proper exploration and/or salvage. Excavated
finds shall be offered to the County of Orange, or its designee, on a first -refusal basis. The
paleontologist shall submit a follow-up report for approval by the Manager, Coastal & Historical,
which shall include the period of inspection, a catalogue and analysis of the fossils found, and present
TT 15586 Page 11 of 15
repository of the fossils. These actions, as well as final mitigation and disposition of the resources,
shall be subject to approval by the Manager, Coastal & Historical.
DRAINAGE/FLOOD
(R) 7. DS DS G RMDRMP IMPLEMENTATION
(SS) Prior to the issuance of any grading permit or recordation of any final tract map, whichever occurs first,
the subdivider shall satisfy all drainage and erosion control measures as identified in the "Refined Master
Drainage and Runoff Management Plan" for the Irvine Coast Planned Community Development, in a
manner meting the approval of the Manager, Subdivision and Grading Services.
ENVIRONMENTAL RESOURCES
HAZARDOUS MATERIAL
(R) 8. ER SG/ER R HAZARDOUS MATERIAL
(S) A. Prior to the recordation of any final tract map, the subdivider shall submit, in accordance with
criteria supplied by PDSD, a "Hazardous Materials Assessment" and a "Disclosure Statement"
covering the property (both fee and easement) which will be offered for dedication or dedicated to
the County of Orange, for review and approval by the Manager, Subdivision and Grading, in
consultation with the Manager, Environmental Resources.
B. Further, prior to the recordation of any final tract map, the subdivider shall have received approval
of the "Hazardous Materials Assessment" and the 'Disclosure Statement" from the Manager,
Subdivision and Grading.
FIRE PROTECTION
(R) 9. F F R AUTOMATIC FIRE EXTINGUISHING SYSTEMS
(S) Prior to the recordation of any final tract map, a note shall be placed on the map stating that all
structures to be built beyond streets with 10% grade shall be protected by an automatic fire sprinkler
system, in a manner meeting the approval of the Fire Chief.
(R) 10. F F R FIRE HAZARD NOTIFICATION
(R) A. Prior to the recordation of any final tract map, the subdivider shall place a note on the
(B) map meeting the approval of the Fire Chief that the property is in a very high fire hazard
(S) due to wildland exposure.
F F R SPECIAL FIRE PROTECTION AREA NOTIFICATION
B. Prior to the recordation of any final tract map, the subdivider shall place a note on the map
meeting approval of the Fire Chief that the property is in a Special Fire Protection
Area and must meet all requirements for development within the area or file for an
exclusion with the Fire Chief.
F F B SPECIAL FIRE PROTECTION AREA DEVELOPMENT
C. Prior to the issuance of any building permits, the applicant shall met all requirements for
development and construction within a Special Fire Protection Area, including street widths,
Class A roof assemblies, fire sprinklers, etc.
TT 15586 Page 12 of 15
(R) 11. F F RGBU FUEL MODIFICATION
(G) A. Prior to the recordation of any final tract map, the applicant shall obtain the Fire
(B) Chiefs approval, in consultation with the Manager, Environmental and Project Planning
(U) of a conceptual fuel modification plan and program. Contact the Orange County Fire
(S) Authority Development Review Section at (714) 744-0477 for requirements and
clearance of this condition.
B. Prior to the issuance of any grading permits, the applicant shall obtain the Fire Chiefs approval, in
consultation with the Manager, Environmental and Project Planning, of a precise fuel modification
plan and program. The plan shall indicate the proposed means of achieving an acceptable level of
risk to structures by vegetation. Include the method (mechanical or hand labor) for removal of
combustible vegetation and the planting of drought tolerant fire resistant plants.
C. Prior to the issuance of building permits, the developer shall have completed, under the
supervision of the Fire Chief, that portion of the approved fuel modification plan determined to
be necessary by the Fire Chief before the introduction of any combustible materials into the
project area.
D. Prior to the issuance of any certificate of use and occupancy, the developer shall install and
complete the remainder of the fuel modification under the supervision of the Fire Chief. Further,
the installed fuel modification shall be established to a degree meeting the approval of the Fire
Chief. The CC&R's shall contain provision for maintaining the fuel modification zones including
the removal of all dead and dying vegetation.
HARBORS. BEACHES AND PARKS
(R) 12. HP HP R SCENIC PRESERVATION EASEMENT
(S) A. Prior to the recordation of any applicable final tract map which creates building sites,
the subdivider shall make an irrevocable offer to dedicate an easement to the County of
Orange or its designee over Lots I, BBB, CCC, and DDD, as well as the permanent non -
manufactured portions of Lots F and R for scenic preservation purposes in a manner meeting the
approval of the Manager, PFR/HBP Program Management & Coordination. Maintenance, upkeep
and liability for said easement area shall remain the responsibility of the subdivider or
assigns and successors (i.e., homeowner's association) or current underlying owner(s) of
said easement area and shall not be included in said dedication offer. The subdivider shall not
grant any easement over any property subject to said easement unless such easements are made
subordinate to said easement offer in a manner meeting the approval of the Manager, PFR/HBP
Program Management & Coordination.
B. The subdivider shall note limitations and restrictions for said easement by a reference on the final
tract map to a previously recorded document concurrent with the recordation of subject map in a
manner meeting the approval of the Manager, PFR/HBP Program Management & Coordination..
C. Prior to recordation of any applicable final tract map or as determined by the Manager, PFR/HBP
Program Management & Coordination, the subdivider shall survey and monument all parcels of the
land to be dedicated for scenic preservation easement purposes, and submit plans showing how the
development boundaries of the scenic preservation easement parcel(s) is marked to be visible for
monitoring purposes by Grantee to the satisfaction of the Manager, PFR/HBP Coastal & Historical
Facilities.
TT 15586
Page 13 of 15
(R) 13. HP LANDSCAPE PLAN
(B) The scenic preservation areas over the open space and fuel modification areas adjacent to Crystal
(U) Cove State Park, the golf course, Los Trancos Canyon and the private open space area in PA 12B
(S) shall be landscaped, equipped for irrigation and improved with the landscape plan as follows:
HP SG/HP R
A. Preliminary Plan - Prior to the recordation of any final tract map, the subdivider shall enter
into an agreement and post financial security guaranteeing landscape improvements and the
maintenance thereof based on a preliminary landscape plan showing major plant material and
uses, and a cost estimate for the landscape improvements. The preliminary plan and cost
estimates shall be reviewed and approved by the Manager, Subdivision and Grading, in
consultation with the Chief, HBP/Program Management & Coordination. Said -plan
shall take into account the Standard Plans for landscape areas, adopted plant palette
guides, applicable' scenic and specific plan requirements, Water Conservation Measures
contained in Board Resolution 90-487 (Water Conservation measures), and Board Resolution
90-1341 (Water Conservation Implementation Plan).
HP SG/HP B
B. Detailed Plan -Prior to the issuance of any building permits(s), the applicant shall submit a
detailed landscape plan for approval to the Manager, Subdivision & Grading, in consultation
with the Chief, HBP Program Management & Coordination. Detailed plans shall show the
detailed irrigation and landscaping design. '
HP CBI U
C. Installation Certification - Prior to the issuance of final certificates of use and occupancy and
the release of the financial security guaranteeing the landscape improvements, the applicant
shall install said improvements and have the installation certified by a licensed landscape
architect or licensed landscape contractor, as having been installed in accordance with the
approved detailed plans. The applicant shall furnish said certification, including an irrigation
management report for each landscape irrigation system and any other required implementation
report determined applicable, to the Manager, Construction, and the Manager, Building
Inspection, prior to the issuance of any certificates of use and occupancy.
INDEMNIFICATION
(NA)1.4. SG NA NA INDEMNIFICATION
(S) Subdivider shall defend, indemnify, and hold harmless the County of Orange, its officers, agents and
employees from any claim, action or proceeding against the County, its officers, agents or employees to
attack, set aside, void, or annul an approval of the Board of Supervisors, Planning Commission, Zoning
Administrator, or Subdivision Committee concerning this subdivision, which action is brought within
the time period provided for in Government Code Section 66499.37. The County shall promptly notify
the subdivider of any such claim, action or proceeding and shall cooperate fully in the defense. This
condition is imposed pursuant to Government Code Section 66474.9(b).
TT 15586
Page 14 of 15
LANDSCAPING
(G) 15. SG SG/BI GU PRIVATE LANDSCAPING
(U) A. Prior to the issuance of precise grading permits, the applicant shall prepare a detailed
(S) landscape plan for privately maintained areas of lettered lots not included in Conditions 12 and 13.
The plan shall be certified by a licensed landscape architect or a licensed landscape contractor, as
required, as taking into account approved preliminary landscape plan (if any), PDSD Standard
Plans, adopted planned community regulations, scenic corridor and specific plan requirements,
Grading and Excavation Code erosion control requirements, Subdivision Code, Zoning Code, and
conditions of approval, Water Conservation Measures contained in Board Resolution 90-487
(Water Conservation Measures) and Board Resolution 90-1341 (Water Conservation
Implementation Plan). Said plan shall be reviewed and approved by the Manager, Subdivision and
Grading.
B. Prior to the issuance of certificates of use and occupancy, applicant shall install said
landscaping and irrigation system and shall have a licensed landscape architect or
licensed landscape contractor, certify that it was installed in accordance with the approved plan.
The applicant shall furnish said certification, including an irrigation management report for each
landscape irrigation system, and any other implementation report determined applicable, to the
Manager, Building Inspection, prior to the issuance of any certificates of use and occupancy.
TRANSPORTATION/TRAFFIC
(R) 16. TE SG R ST IMPRO
(S) Prior to the recordation of any final tract map, the subdivider shall design and construct the
following improvements in accordance with plans and specifications meeting the approval of the
Manager, Subdivision and Grading:
A. Streets, street names, signs, striping and stenciling.
B. The water distribution system and appurtenances which shall also conform to the
applicable laws and adopted regulations enforced by the County Fire Chief.
C. Underground utilities (including gas, cable, electrical and telephone), street lights, and
mailboxes.
(B) 17. TE TE B ROAD FEE PROG
(S) Prior to the issuance of building permits, the applicant shall pay fees for the Major
Thoroughfare and Bridge Fee Program listed below, in a manner meeting the approval of the
Manager, Traffic Engineering.
a. San Joaquin Hills Transportation Corridor
(G) 18. TE SG G GUARD GATE AREA DESIGN
(SS) Prior to issuance of precise grading permit, the subdivider shall design the guard house area adjacent to
Reef Point Drive in a manner meeting the approval of the Manager, Subdivision and Grading Services.
TT 15586
Page 15 of 15
(G) 19. TE SG G PRIVATE STREETS INTERSECT16NS
(SS) Prior to issuance of any grading permit, the subdivider shall design the private streets intersections, in a
manner meeting the approval of the manager, Subdivision and Grading Services.
SPECIAL CONDITION
(SS)20. CP NOTIFICATION
This condition of approval is intended to give you notice that the fees, dedications,
reservations or other exactions imposed on this project are as described in this approval and the reports
and actions accompanying this approval.
You are also on notice that the 90-day approval period in which the applicant may protest pursuant to
Government Code Section 66020 has begun.
I hereby certify that Tentative Tract Map No. 15586
(Vesting) was approved upon the foregoing conditions
by the Orange County Subdivision Committee, on
August 12, 1998, and will expire on August 12, 2001.
P. J. Stanton, Manager
Subdivision and Grading Services
Chairperson, Subdivision Committee
PJSNB:no(W]
County of Orange
PLANNING AND DEVELOPMENT SERVICES
1DLxxTxiT/7C xDDT TnxmTnV
Application 1: PA980049 Date Filed: 04/08/1998
Application Type: COASTAL DEVELOPMENT TO PC
Application Name: NEWPORT COAST PHASE IV-2 CDP
Parcel(s):
Address(es):
Location:
Project Area:
15586 OTM
IRVCPLNG
04/08/98
04/08/98
NPCT PA 3A-2 &3B /W.OF CRYSTL CV
202.00 ACRE Public Project: N
Initial Study Required: Y IS Charge #: P53646 IS Summary #: 082
Application Charge #: P55243 Summary #: 404
Owner Information
Name: IRVINE COMMUNITY DEVELOPMENT
dress: 550 NEWPORT BEACH
NEWPORT BEACH CA
ATTN:ROBERTA MARSHALL
Zip: 92660
Phone: 714 720-2293
Applicant/Agent Information
Name: FORMA
Address: 3100 BRISTOL, STE: 100
COSTA MESA CA
ATTN: CRAIG ROFFMAN
Zip: 92626
Phone: 714 540-4700
Zoning: PC NPTC/ PA 3A2 & 3B APN: 47731011
CAA: 47 Census Tract: 626.17 Supv District: 5 Coastl Zone: YES
LUE:'1B Comm Profile: 1.4 PC/SP: NEWPORT COAST PC
Previous Apprv: MCDP PA970133; EIR 568; TTM 15444 & 15446; PA970046
(APIBK 477 PGS 3,10, &11)
Project Proposal:
COASTAL DEVELOPMENT PERMIT TO PC FOR PA 3A2 & 3B
FOR THE CONSTRUCTION OF 325 CUSTOM SF HOMES AND
GRADING FOR INFRASTRUCTURE.
CONCURRENT FILLING'OF TTM 15586.
DEPOSIT SUMMARY
Total Deposit: 4,087.00
Payments: 4,087.00
BaGONED-r1 ZONALLY * 00
APPROVED
BY:OCPC DATE:=�
CURRENT PLANNING SERVICES
MINUTES
ORANGE COUNTY PLANNING COMMISSION MEETING - July 7, 1998
TIME: 1:34 P.M.
ITEM 1: PUBLIC HEARING - Planning Application No. PA 98-0049, for Coastal
Development Permit, FEIR 568, of Irvine Community Development Company.
Executive Officer Buzas introduced the project.
Planner IV Melton gave a brief presentation. He presented background
information on the proposed project. He noted that the Commission approved
PA 97-0133, for Master Coastal Development Permit in May of 1998 which
permitted preliminary development on Planning Areas 3A, 3B, 12B and 14. He
stated that the 'application before the Commission today is the next step in
the planning and development of these areas. Mr. Melton stated that todays
application is to establish precise graded building pads and infrastructure
associated with the development And construction of 325 single-family
detached dwelling unite in 202 acres within Planning Area 3A-2 and 3B. Mr.
Melton stated that the County has received an application for Planning Area
14 and that the Commission would see this at a later date. Mr. Melton
stated that staff has not receive any public opposition regarding this
project. He stated that staff was recommending approval of the proposed
project.
1:38 P.M.: The chairman opened the public hearing.
Charles Griffin, resident of Newport Beach, handed out photo/graphics of his
proposal for realignment of the El Toro MCAS runways if it becomes a
commercial airport in the future. He discussed the runway accidents that
have occurred in the past. He stated that if homes are built in the
proposed project site they would be subject to noise produced by the
aircraft. He requested that the Commission condition the project that would
require future home buyers be told about aircraft noise even though it would
be below the 65 CNEL County standard noise level.
1:45 P.M.: No one else wishing to be heard, the Chairman closed the public
hearing.
The Commission and County Counsel discussed Mr. Griffin's request. It was
decided that a new condition of approval be added to'address the future
airport use.
ACTION: 1:50 P.M.: The motion of Moody, seconded by Long, to adopt
Resolution No. 98-7 approving Planning Application No. PA 98-0049 as
recommended in the Planning and Development Services report, dated July 7,
1998, with the addition of Condition of Approval No. 68 in Attachment A-1 as
shown below was carried by a 4-0 vote.
68. CP BP U AIRCRAFT OVRFLT
Should the Airport Land Use Plan be amended to where property and homes
approved by this permit would be affected by overflight, sight, and
sound of aircraft operating from what is now the E1 Toro Marine Corps
Air station, then prior to the issuance of certificates of use and
occupancy, the developer of the property shall prepare and record
notice that this property is subject to overflight, sight, and sound of
aircraft operating from what is now the E1 Toro Marine Corps Air
Station in a manner meeting the approval of the Manager, Building
Permits.
ABSENT: Goacher
ps(8070810441314)wvm
RESOLUTION OF THE ORANGE COUNTY PLANNING COMMISSION
COUNTY OF ORANGE, CALIFORNIA
RE: PA 980049 - NEWPORT COAST PLANNING AREAS 3A-2 AND 313
COASTAL DEVELOPMENT PERMIT
RES. NO. 98-07
DATE OF ADOPTION:
July 7, 1998
On the motion of Commissioner Moody, duly seconded and carried, the
following resolution was adopted.
WHEREAS, the entire Newport Coast Planned Community, with exception of
certain boundary adjustments approved by Resolution No. 89-39, is within the
Coastal Zone as defined by the California Coastal Act of 1976 and is coterminous
with the Newport Coast Planning Unit of the Local Coastal Program of the County
of orange; and
WHEREAS, in accordance with the California Coastal Act, the County of
Orange has prepared a Local Coastal Program (LCP) for the Newport Coast; and
WHEREAS, the Orange County Hoard of Supervisors adopted the First Amendment
to Irvine Coast LCP/Land Use Plan by Resolution No. 87-1606 and the Irvine Coast
LCP/Implementing Actions program by Ordinance No. 3674 on December 2, 1987; and
the California Coastal Commission certified the Irvine Coast Local Program —
January 14, 1988; and
WHEREAS, the Orange County Hoard of Supervisors adopted the Irvine Coast
Development Agreement (DA 87-16) on April 20, 1988, in accordance with the
policies and regulations set forth in the 1988 certified LCP; and
WHEREAS, the Orange County Board of Supervisors adopted the Second
Amendment to Newport Coast LCP/Land Use Plan by Resolution No. 96-861 and the
Second Amendment to the Newport Coast LCP/Implementing Actions Program by
Ordinance No. 96-3974 on December 3, 1996; and the California Coastal Commission
certified the Newport Coast Local Coastal Program — Second Amendment on December
11, 1996; and
WHEREAS, the Orange County Board of Supervisors adopted the First Amendment
to the Newport Coast Development Agreement (DA 87-16) on December 3, 1996, which
enables the Irvine Company to, build out the Newport Coast Planned Community over
a 20-year period in accordance with the policies and regulations net forth in the
1988 certified LCP and 1996 Second Amendment; and
WHEREAS, the LCP — Second Amendment officially changed the name of the
Planned Community from Irvine Coast to Newport Coast; and
WHEREAS, the Orange County Planning Commission approved Master Coastal
Development Permit (MCDP) 88-11P by Resolution No. 88-46 on May 4, 1988; and
WHEREAS, the Orange County Planning Commission approved MCDP— First and
Second Amendments (CD 89-26P and CD 9005219001P, respectively) by Resolution 89-
39 on October 16, 1989 and Resolution 90-19 on June 18, 1990; and
WHEREAS, the Orange County Planning Commission approved MCDP— Third
Amendment (CD 900703001P) by Resolution 92-08 on March 11, 1992; and
9e0049xs M 9/98
PLANNING COMMISSION RESOLUTION NO. 98-07
PA 980049 / PAs 3A-2 and 3B
Page 2
WHEREAS, the Orange County Planning Commission approved MCDP— Fourth
Amendment (PA 94-0149) by Resolution 95-13 on June 27, 1995; and
WHEREAS, the Orange County Planning Commission approved Master COP — Master
CDP Fifth Amendment (PA 970076) by Resolution 97-06 on September 23, 1997; and
WHEREAS, the Orange County Planning Commission approved Master CDP — Sixth
Amendment (PA 970133) by Resolution 98-05 on May 5, 1998; and
WHEREAS, the CD "Coastal Development" District Regulations, Section 7-9-118
requires that a Coastal Development Permit may be approved only after the
approving authority has made the findings in the Orange County Zoning Code
Section 7-9-150 and.Section 7-9-118.6(e); and
WHEREAS, pursuant to California Government Code Section 65000 at seq. the
County of Orange has an adopted General Plan which meets all of the requirements
of State Law; and
WHEREAS, in compliance with said laws a legally noticed public hearing was
held by the Orange County Planning Commission on July 7, 1998 to consider
Planning Application PA 980049 for the Planning Areas 3A-2 and 3B Coastal
Development Permit proposed by Irvine Community Development Company; and
WHEREAS, in compliance with the California Environmental Quality Act
(California Public Resources Code Section 21000 at seq.) and the State CEQA
Guidelines (California Administrative Code Sections 15000 at seq.) EIR No. 568
has ben prepared to evaluate the potential adverse environmental effects of the
proposed project; and
NOW THEREFORE, BE IT RESOLVED that the Planning Commission makes the
following findings with respect to Coastal Development Permit PA 980049:
NOW THEREFORE, BE IT RESOLVED:
1. That the Orange County' Planning Commission considered Planning
Application 980049 and Final EIR No. 568.
2. That Final EIR No. 568 was considered prior to approval of the project
and determined to adequately address all potential adverse environmental
impacts of the proposed project and meet all the requirements of CEQA and
the State CEQA Guidelines.
3. That the Orange County Planning Commission hereby approves Coastal
Development Permit PA 980049 for The Newport Coast Planned Community PA
3A-2 and PA 3B subject to the Findings as set forth in Attachment A-1 and
the Conditions of Approval as included in Attachment A-2 to this
Resolution.
980049RS.RPD 7/98
PLANNING COMMISSION RESOLUTION NO. 98-07
PA 980049 / PAs 3A-2 and 3B
Page 3
4. That the conditions adopted herein are reasonably related to the use
of the property and necessary for appropriate development and operation of
the uses permitted by the Newport Coast Local Coastal Program — Second
Amendment.
AYES: Commissioners — Moody, Long, McBurney, Nielson
NOES: Commissioners — None
ABSENT: Commissioners — Goacher
I hereby certify that the foregoing Resolution No. 98-07 was adopted on
July 7, 1998 by the Orange County Planning Commission.
ORANGE COUNTY PLANNING COMMISSION
by Jokm
980049NS.MP0
ATTACHMENT A-1 -- FINDINGS
PLANNING COMMISSION RESOLUTION NO. 98-07
PLANNING APPLICATION 980049 FOR
NEWPORT COAST PLANNING AREAS 3A-2 and 3B CDP
That the Planning Commission makes the following Findings with respect to
Planning Application 980049 for a Coastal Development Permit:
1. County Requirements are being met as follows:
a. General PSan. The use or project proposed is consistent with the
General Plan.
b. Zoning Code. The use, activity or improvement proposed by the
application is consistent with the provisions of the Orange
County Zoning Code.
c. 9M. The approval of the permit application is in compliance
with the requirements of the California Environmental Quality Act
as demonstrated in Resolution No. 98-04.
d. Comnatibility. The location, size, design and operating
characteristics of the proposed use will not create significant
noise, traffic or other conditions or situations that may be
objectionable, detrimental or incompatible with other permitted
uses in the vicinity.
a. General welfare. The application will not result in conditions
or circumstances contrary to the public health and safety and the
general welfare.
f. Development Fees for Provision of Public Facilities. The
requirements of Orange County Code Section 7-9-711 have been met.
g. Mitigation Measure Monitoring. The monitoring requirements of
Public Resources Code 'Section 21081.6 have been met in that a
Mitigation Measure Monitoring and Reporting Plan, has been
prepared.
h. Local Coastal Program. The project proposed by the application
conforms with the certified Second Amendment to the Newport Coast
Local Coastal Program in a manner as approved by the Orange
County Planning Commission in Resolution No. 96-04 dated May 21,
1996 and by the Orange County Board of Supervisors in Resolution
No. 96-861 dated December 3, 1996 and in Ordinance No. 96-3974
dated December 3, 1996.
i. Master Coastal Development Permit. The original Master Coastal
Development Permit (MCDP) for Newport Coast (MCDP 88-11P) and
Vesting Tentative Tract Map 13337 established master utilities
910040RS.WPO 7198
ATTACHMENT A-1 -- FINDINGS
PA 980049 / PAs 3A-2 and 3B
Page 2
and backbone infrastructure, allowing large-scale land
subdivision for the overall Newport Coast community.
The Master Coastal Development Permit — Sixth Amendment (PA
970133) and Vesting Tentative Tract Map No. 15444 and No. 15446
established the boundary lines between Planning Areas (PA) 3A-2
and 3B, 3A-2 and 12B, 3B and 12B, 3B and 14, updated the Planned
Community Development Map and Planned Community Statistical Table
contained within the Newport Coast Master Coastal Development and
modified the alignment of Crystal Cove Drive.
j. Newport Coast Development Acreement. The project proposed by the
application conforms with the Newport Coast Development Agreement
WA 87-16) approved by the Board of Supervisors on April 20, 1988
(Resolution No. 96-537) and the Development Agreement First
Amendment (DA 96-03), approved on December 3, 1996 (Resolution
No. 96-861), and as demonstrated in the following findings.
2. Based on the information and analysis contained in Final EIR No. 568,
the project will have no new significant adverse impacts to environmental effects
beyond those identified, mitigated, or for which overriding considerations were
adopted in connection with Final EIR No. 568 or the previous environmental
documentation prepared for the Newport Coast LCP — Second Amendment, the Newport
Coast Master Coastal Development Permit, and the Irvine (Newport) Coast
Development Agreement. The Findings approving the LCP — Second Amendment and
contained in Board of Supervisors' Resolution No. 87-1327 and the Findings
certifying EIRs 485 486, 511 and 528 contained in Resolution Nos. 88-24, 88-45,
89-38, 92-07 are incorporated herein by reference, as though fully set forth.
3. All development projects within the Newport Coast Planned Community
are subject to approval of a Coastal Development Permit in compliance with
Chapter 10 of the Newport Coast LCP and the County's "Coastal Development"
District Regulations, Orange County Zoning Code Section 7-9-118.
4. This Coastal Development Permit is for the development proposal in The
Newport Coast Planned Community Medium Density Residential Planning Areas 3A-2
and 3B, Development Areas 3A-2a, -2b, -2c, -2d, 3B-la, -lb, -lc, -le, 3B-2a, -2b,
and -2c.
5. Development within Newport Coast Planning Areas 3A-2 and 3B, related
to residential development will modify category ^D" ESHAs. No other category of
ESHA will be affected, and the development within Planning Areas 3A-2 and 3B
complies with LCP ESHA policies in that development is permitted to modify or
eliminate vegetation and drainage courses in category "D^ ESHAs, which have
little or no riparian habitat value; and all development impacts will be
mitigated by the open Space Dedication and Riparian Habitat Creation Programs
(LCP I-2-A-2a (page 1-2.4)).
9500,9RS.M 9/96
ATTACHMENT A-1 -- FINDINGS
PA 980049 / PAs 3A-2 and 3B
Page 3
6. Aesthetics and the protection of sensitive visual resources within the
Newport Coast are addressed in the LCP. The LCP, Exhibit C, identified the
following four visually significant resources visible from PCH: Los Trancoa
Canyon, Lower Wishbone, Moro Hill, and the Pacific Ocean. The Lower Wishbone
area is included in the site. According to the LCP, the ocean is the dominant
visual resource in all cases and will not be affected by the project. In
addition, the Open Space Dedication Program of the LCP protects views of other
areas defined as "Visually Significant Lands".
7. Development within Planning Areas 3A-2 and 3B complies with LCP
Appendix Item 6, 'Visual Analysis; The Newport Coast Proposed Land Use Element"
in that residential development has been pulled back from Reef Point Drive and
Crystal Cove Drive, and clustered on the ridgetops.
8. Development within Planning Areas 3A-2 and 3B is consistent with LCP
Special Use Open Space policies in that an offer of dedication for Los Trancos
Canyon Planning Area 12A has been made to the County of Orange in a form approved
by the Manager, Public Facilities and Resources Department / Harbors, Beaches and
Parke - Program Management (LCP I-3-A-2b (page 1-3.53).
9. Planning Areas 3A-2 and 3B are proposed for development as custom
estate single-family detached housing projects, with a total of 325 dwelling
units on approximately 202.2 acres with an overall density of 1.6 dwelling units
per acre. Planning Areas 3A-2 and 3S have been subdivided into the following 11
Development Areas:
a. Development Area 3A-2a is proposed with a total of 9 dwelling
units on approximately 13.1 acres with an overall density of 0.7
dwelling units per acre.
b. Development Area 3A-2b is proposed with a total of 18 dwelling
units on approximately 15.2 acres with an overall density of 1.2
dwelling units per acre.
C. Development Area 3A-2c is proposed with a total of 6 dwelling
units on approximately 7.2 acres with an overall density of 0.8
dwelling units per acre.
d. Development Area 3A-2d is proposed with a total of 47 dwelling
units on approximately 22.8 acres with an overall density of 2.1
dwelling units per acre.
e. Development Area 3B-la is proposed with a total of 41 dwelling
units on approximately 24.2 acres with an overall density of 1.7
dwelling units per acre.
f. Development Area 3B-lb is proposed with a total of 64 dwelling
units on approximately 32.7 acres with an overall density of 2.0
dwelling units per acre.
980049RS.HPD 7/98
ATTACFO• = A-1 -- FINDINGS
PA 980049 / PAs 3A-2 and 3B
Page 4
g. Development Area 3B-1c is proposed with a total of 78 dwelling
units on approximately 21.7 acres with an overall density of 3.6
dwelling units per acre.
h.
Development Area 3B-le is proposed with a total
of 4 dwelling
units on approximately 7.2 acres with an overall
density of 0.6
dwelling units per acre.
i.
Development Area 3B-2a is proposed with a total
of 21 dwelling
units on approximately 26.8 acres with an overall
density of 0.8
dwelling units per acre.
J.
Development Area 3B-2b is proposed with a total
of 16 dwelling
units on approximately 11.7 acres with an overall
density of 1.4
dwelling units per acre.
k.
Development Area'3B-2c is proposed with a total
of 21 dwelling
units on approximately 19.6 acres with an overall
density of 1.1
dwelling units per acre.
10. In terms of adopted procedure, this CDP sets forth certain elements
of planning approval and is processed as a large-scale plan that implements the
Newport Coast LCP Chapter II-10, Discretionary Permits and Procedures; Section
II-10-A-2 and -3, Coastal Development Permits and Applications.
11. The portion of the CDP encompassing the proposed residential project
within Planning Areas 3A-2 and 3B is consistent with the applicable LCP Site
Development Standard provisions (LCP II-4-C-6) based on the following:
a. Under the LCP, the DA 3A-2 and DA 3B site is designated for
Medium Density Residential development, which permits a maximum
density of 6.5 dwelling units per gross acre.
b. No building site area will be lose than 2,500 square feet for
detached/attached single-family, or non-residential development.
C. Regardless of the slope of the land, the gross land area per
dwelling unit is above the 1,000 square feet minimum.
d. Building height will be consistent with the maximum 35 feet
standard as defined in LCP Chapter II-14 (page II-4.17).
e. Two or more car garages will be provided for all units.
f. Street lights will be designed and located so that rays are aimed
at the site.
g. Areas of disturbed soil will be hydro -seeded to control erosion.
990049RS.HPD 7/90
ATTACHMENT A-1 -- FINDINGS
PA 980049 / PAs 3A-2 and 3B
Page 5
h. Manufactured slopes along development edges will incorporate
contour -grading techniques.
i. The principle project collector roads will maintain between 36
and 40 feet of paving with a 4-foot sidewalk backing a 6.5-foot
or 8-foot parkway on both sides of the street. Single -loaded
cul-de-eats serving the residential neighborhoods will maintain
28 feet of pavement with 4-foot sidewalks backing a 6.5-foot
parkway on the loaded side of the street only. Lighting along
the streets will be limited to intersections and cul-de-sacs.
12. The proposed residential housing project is consistent with the LCP
Archeological policies in that:
a. The MCDP 89-26P conditions of approval require that a County -
certified archeologist complete a literature and records search
and a field survey. The search and survey for PAs 3A-2 and PA 3B
has been completed.
b. The MCDP 89-26P conditions of approval require that a County -
certified archeologist conduct subsurface teats prior to grading
and determine site disposition. Subsurface excavations have been
complete and analyzed, and reports are being prepared. Resource
surveillance will be provided during grading operations.
13. The proposed residential housing project'a improvements are consistent
with the LCP Paleontological policies in that:
a. The MCDP 89-26P conditions of -approval require that a County -
certified paleontologist complete a literature and records search
and a field survey. This search and survey had been completed.
No paleontological resources were identified.
b. The MCDP 89-26P conditions of approval required that a County -
certified paleontologist conduct pregrading salvage and resource
surveillance if necessary. Since no resources were identified,
no pregrading activities are required. During grading, resource
surveillance will be conducted.
14. Consistent with LCP Runoff Policies, peak flood discharge rates in
major watersheds will not exceed pre -development levels. Post -development runoff
is either reduced or diverted by redirecting storm runoff from six existing
culverts to the Muddy Canyon culvert inlet. Although the runoff rates will be
greater at the Muddy Canyon culvert, the increased flow rate of eight percent
(8%) is within the ten percent (10%) increase as allowed by the LCP.
99UU,9R9.M9U 9/98
ATTACHMENT A-1 -- FINDINGS
PA 980049 / PAs 3A-2 and 3B
Page 6
IS. The MDRMP was approved by the County in connection with approval of
the Master CDP 88-11P. The MDRMP addresses, in a comprehensive manner, the
policies contained in Sections I-3-&,-I,-J,-IC and -L of the LCP. It provides
data on existing water quality and quantity, and an assessment of project impacts
on water resources, existing and proposed riparian habitats, and off -shore marine
lifa. Mitigation measures, long-term maintenance, and a monitoring program are
described. This report demonstrates compliance with the applicable LCP policies,
and its findings demonstrating such compliance are incorporated herein by
reference. Specifically:
a. The areas to be developed are used for grazing and have a high
erosion rate. After development, erosion rates will be
significantly lower than existing rates and will approximate
natural conditions. (LCP I-3-I-1 (page I-3, 303)
b. Plans for sedimentation and erosion control will respond to
requirements for' reseeding and planting disturbed soil. (LCP
I-3-I-2 [page I-3.293)
C. Erosion control devices will be installed. Additional preventive
erosion control measures described in the Orange County Grading
Manual and the City of Newport's Sedimentation and Erosion
Control Manual will be integrated into each Development Area site
plan, as appropriate. (LCP I-3-I-3,-4, and -5 [page I-3.303)
d. The MDRMP recommends that detention basins be converted to
desilting basins during construction. During the design stage
and prior to the initial grading operations, configurations and
structural details of these desilting basins will be prepared as
part of the submitted design. The erosion control design plans
for each development cluster will identify additional desilting
basins in accordance with the orange County Grading Manual. (LCP
I-3-J-1 [page I-3.303)
e. Vegetative cover and temporary mechanical means of controlling
sedimentation will be established and conducted as described in
the MDRMP and in accordance with Orange County's Grading Manual.
(LCP I-3-J-2 and-3 (pages I-3.30 and I-3.313)
f. In order'to maintain channel stability, Rivertech has identified
a number of locations where detention basins may be constructed.
Chapter VII of the MDRMP includes a detailed study of the
mechanics of Huck Gully downstream from Newport Coast Drive.
That chapter identifies and describes size and configuration of
the facilities required to maintain the stability of the
downstream reach of Buck Gully. The sediment yield to the beach
is expected to be less than existing and will approximate natural
conditions. (LCP I-3-J-5 [page I-3.313)
980049RS.MPD 7/98
ATTACHMENT A-1 -- FINDINGS
PA 980049 / PAs 3A-2 and 3B
Page 7
g. Except during the construction, Rivertech foresees no long term
need for sediment catch basins. (LCP I-3-a-5 [page I-3.31])
h. Portions of Planning Areas 3A-2 and 3B drain into Muddy Canyon or
Los Trancos Canyon. Most drainage goes into Muddy Canyon where
all the detention basins described in PA 980049 were sized to
take 3A-2 and 3B drainage flows. The drainage that flows from
the northern portion of PAs 3A-2 and 3B will be discharged
through streets and energy dissipaters into Los Trancos Canyon or
under PCH through existing facilities to the beach in Crystal
Cove State Park.
i. Drainage facilities will be designed and submitted with the
project grading plans. (LCP I-3-K-2 and -3 [page I-3.32])
J. Impact type energy dissipaters with riprap installed in Crystal
Cove State Park as part of PCH improvements reduce the flow
velocity and shear stress to non -eroding values at the outlet of
storm drains. (LCP I-3-K-5 [page 1-3.32])
k. Based on analysis performed by The Keith Companies, all
structures draining into the study area across PCH have adequate
capacity to convey the design discharges. Runoff from the
proposed development will be released to the natural water
courses. The exact terminus location of each storm drain will be
determined during the design stage, based on geotechnical,
hydraulics, and stream mechanics analyses. (LCP I-3-K-6 [page I-
3.32])
1. Soils and engineering studies have been submitted to the County.
(LCP 1-3-L-1 [page I-3.32])
M. The MDRMP addresses grading from October 15 through April 15, and
identifies those measures necessary for adequate erosion control.
(LCP I-3-L-2 [page I-3.33])
n. Project plans call for appropriate permanent and temporary
stabilization techniques as identified in the soil and
geotechnical reports for PAs 3A-2 and 3B. (LCP I-3-L-3,-5, and
-6 [pages I-3.33 and I-3.34])
o. Stockpile locations for topsoil will be identified in the final
landscape plans.
p. The grading for the PAs 3A-2 and 3B CDP will be terraced to
conform to the general topography. Terraces will have variable
heights to avoid uniformity. Through the use of a meandering
interior roadway, a stair -stepped appearance will be avoided.
Perimeter edges will be treated with daylight cuts and fills
980089RS.RPD 7/98
ATTACHMENT A-1 -- FINDINGS
. PA 980049 / PAs 3A-2 and 3B
Page 8
following the existing topography where possible. Slopes will be
varied from 2:1 and flatter, and contoured into the existing
topography. Slopes will be terraced along the project interface
with roads, integrating the slopes created by roadway
construction with grading for future residential projects. Thus,
the graded slopes will appear natural, blending into the existing
environment and mitigating the potential visual effects of
grading. (LCP I-3-L-8 (page I-3.34))
16. The design -specific runoff management strategy for the proposed
project reduces peak storm runoff via two permanent and two temporary detention
basins, as well as drainage diversions to protect coastal terraces in Crystal
Cove State Park. Peak 100 year storm flows from the culverts under Pacific
Coast Highway will be significantly reduced to rates below pre -development peak
rates due to these diversions, with the exception of the Muddy Canyon culvert.
Portions of the 100 year peak runoff from the central project area, and all of
the runoff from the eastern project area, will be directed to Muddy Canyon just
upstream of the PCH culvert via an underground pipeline and the two temporary
detention basins along PCH. Although the tributary drainage areas and runoff
rates are greater at the Muddy Canyon culvert due to the redirection of flown in
the post -development condition, the increased rate is within tan percent above
the pre -development discharge of the 100 year storm event, as allowed by the LCP.
17. The proposed project complies with the LCP Circulation policies (LCP
I-4-8 (pages I-4.19 through I-4.341.
a. Roads are designed to meet County safety standards;
b. Roads will be landscaped;
C. All internal roadways are curvilinear and all slopes contoured
into the existing topography;
d. Residential areas are served by private streets an/or driveways;
e. All modifications to existing roadway standards have been
carefully considered and justified by safety and circulation
conditions.
f. Roadway grading has been blended into existing topography by
contour grading, where feasible. Retaining walls and other
structures have been used to minimize grading impacts.
g. Traffic Management Program measures have been incorporated into
the project where appropriate.
980089RS.MPD 7/98
ATTACHMENT A-1 -- FINDINGS
PA 980049 / PAS 3A-2 and 3B
Page 9
h. Road design and sections for entry roads, collector roads,
residential streets, and private driveways have been designed to
be consistent with LCP Exhibit P, Residential Entry Road &
Residential Streets,- Typical Sections.
i. All roadway improvements established in LCP Exhibit Q, Newport
Coast Arterial Roadway Phasing Summary, will be installed on or
before the triggering mechanisms called for in Exhibit Q.
18. The proposed project complies with the LCP Public Works/Infrastructure
policies in that it includes necessary sewer improvements and drainage
improvements. All public works/infrastructure is provided in the major public
roadways approved under Master CDP 89-26P and the Pelican Hill Road CDP (for
Newport Coast Drive ), and the roadways proposed in this project. (LCP I-4-F-1
through -7 (pages I-4.19 through I-4.341)• The proposed infrastructure
improvements in Newport Coast Planning Areas 3A-2 and 3B are consistent with the
applicable LCP standard provisions (LCP II-4c [page II-4.19-23)) based on the
following:
a. Areas of disturbed soil will be hydro -seeded to control erosion.
b. Manufactured slopes along development edges will incorporate
contour -grading techniques.
c. The principle local streets will maintain 36 feet of paving with
48-inch sidewalks on one aide of the street.
19. The LCP Development/Open Space Edge policies apply to the Fuel
Modification zone along the northeastern limits of PA 3A-2, including DAs 3A-2a
and 3A-2b, and the southeastern limits of PA 3B, including DAs 3B-2a and 3B-2c,
in that:
a. The use of trees will help screen the edge of development from
off -site views.
b. The fuel modification program utilized, as approved in the Master
CDP - Sixth Amendment (PA 970133), will consist of the following
zones: Zone A provides a 20-foot minimum setback as defensible
space immediately adjacent to private yards and residences. The
down slope in this zone is planted and irrigated. Zone B is a
minimum of 50 feet of permanently irrigated landscaping to be
maintained by the homeowners association. Zone B may include
medium height, open tree groups near common property lines.
Drought -tolerant and fire-resistant plant materials are required.
Zone C is a 50-foot-wide minimum thinning zone (with plants
thinned to 50 percent of existing density) that will be
maintained by the master community association. Natural
vegetation is thinned to reduce the fuel load, and all dead and
dying vegetation, debris and trimmings shall be removed from the
980049RS.NPD 7/99
ATTACHMENT A-1 -- FINDINGS
PA 980049 / PAS 3A-2 and 38
Page 10
site. Zone D is a 50-foot-wide minimum thinning zone to 30
percent, immediately adjacent to native open space.
The depth of fuel modification will meander depending upon
topography. Conceptual Fuel Modification Plans for the project
site have been approved by the County Fire Authority. Emergency
access points to the fuel modification edges have been identified
and annual maintenance will be a responsibility of the Homeowners
Association. (LCP I-3-M-4 through -10 [pages I-3.36'through I-
3.40))
20. Pursuant to Section 711.4 of the California Fish and Game Code, there
is no evidence that. this project will have any potential for adverse effects on
wildlife resources.
21. The proposed project maintains the ability to promote an effective
subregional Natural Communities Conservation Planning (NCCP) Program and will not
have a significant unmitigated impact upon Coastal Sage Scrub habitat.
22. Residential uses approved as part of the LCP were found consistent
with the requirement of Coastal Act Section 30250 in that development within the
Newport Coast has been clustered near existing residential areas and existing
employment centers. Clustering of residential units preserves open space,
reduces grading impacts, and enhances the compatibility of private development
with public open space. By clustering residential uses on the ridges away from
sensitive habitat areas in the canyon bottoms, the LCP complies with Coastal Act
Section 30240. Approval of this CDP carries out these policies.
23. In accordance with Section 30007.5 of the Coastal Act, the LCP Open
Space Dedication Program protects certain specified coastal resources and offsets
adverse environmental impacts in residential development and recreation areas
which are otherwise not mitigated. Permanent protection and preservation of major
canyon watersheds, visually significant ridgelines, stream courses, archeological
and paleontological sites, riparian vegetation, coastal chaparral and wildlife
habitat is provided by dedication to a public agency. Large-scale master planning
and dedication programming for The Newport Coast enables the permanent protection
of large, contiguous open space areas rather than the protection of smaller,
discontinuous habitat areas that might result from a project -by -project site
mitigation approach. A much greater degree of habitat and open space protection
can be achieved by dedication programs that assemble large blocks of habitat area
contiguous to Crystal Cove State Park than would be possible with project -by -
project mitigation measures. The Newport Coast Dedication Program will result in
approximately 7,234 acres devoted to open space and recreation use which includes
2,807 acres in Crystal Cove State Park, 2,666 acres in Wilderness Open Space,
1,161 acres in Special Use Open Space Dedications, and over 600 acres in the Golf
Course and other non -dedicated recreation areas.
900049RS.WPD 7/99
ATTACHMENT A-2 -- CONDITIONS OF APPROVAL
PLANNING COMMISSION RESOLUTION NO. 98-07
PLANNING APPLICATION 980049 FOR
NENPORT COAST DEVELOPMENT AREAS 3A-2 AND 3B CDP
1. LP NA NA BASIC
This approval constitutes approval of the proposed project only to the
extent that the project complies with the Orange County Zoning Code and
any other applicable zoning regulations. Approval does not include any
action or finding as to compliance of approval of the project regarding
any other applicable ordinance, regulation or requirement.
2. LP NA NA BASIC
This approval is valid for a period of 36 months from the date of final
determination. if the use approved by this action is not established
within such period of time, this approval shall be terminated and shall
thereafter be null and void.
3. LP NA NA BASIC
Except as otherwise provided herein, this permit is approved as a precise
plan. After any application has been approved, if changes are proposed
regarding the location or alteration of any use or structure, a changed
plan may be submitted to the Director of Planning for approval. If the
Director of Planning determines that the proposed change complies with the
provisions and the spirit and intent of the approval action, and that the
action would have been the same for the changed plan as for the approved
plot plan, he may approve the changed plan without requiring a new public
hearing.
4. LP NA NA BASIC
Failure to abide by and faithfully comply with any and all conditions
attached to this approving action shall constitute grounds for the
revocation of said action by the Orange County Board of Supervisors.
S. LP NA NA BASIC
Applicant shall defend at his/her sole expense any action brought against
the County because of issuance* of this permit or, in the alternative, the
relinquishment of such permit. Applicant will reimburse the County for
any court costs and attorneys fees which the County may be required by a
court to pay as a result of such action. County may, at its sole
discretion, participate in the defense of any such action, but such
participation shall not relieve applicant of his obligations under this
condition.
6. CP NA NA BASIC/OBLIGATIONS
Pursuant to Government Code Section 66020, the applicant is informed that
the 90-day period in which the applicant may protest the fees,
dedications, reservations or other exactions imposed on this project
through the conditions of approval has begun.
980049C .NPU 5/99
ATTACHMENT A-2 -- CONDITIONS OF APPROVAL
PA 980049 / PAs 3A-2 AND 3B
Page 2
7. LP LP NA SPECIAL
All drainage and grading shall be consistent with the provisions of the
Newport Coast Planned Community/Local Coastal Program — Second Amendment
and the Master Coastal Development Permit.
8. EP EP D NCCP BOUNDARY
Prior to the issuance of certificates of use and occupancy, the subdivider
shall provide precise digital linework adjusting the Center Coastal Sub -
regional NCCP/HCP Reserve boundary to ensure no net loss of the adopted
reserve acreage total in a manner meeting he approval of the
Administrator/Planning and Zoning.
9. SG SG B GROWTH MANAGEMENT
Building permit issuance shall be phased in accordance with any Board of
Supervisors -approved growth management phasing plan pertaining to the
timely provision of public services and facilities. A valid Board of
Supervisors -approved development agreement pertaining to the property
which includes a development phasing plan shall satisfy the requirements
of this condition. This condition shall be noted on the final map.
10. AP AP B BUYER NOTIF MAP
Prior to the issuance of any building permits for residential
construction, the developer shall comply with Board of Supervisors
Resolution 82-1368 (Buyer 'Notification Program) which requires the
developer to prepare a map denoting the existing and proposed land uses,
arterial highways, and public facilities within the surrounding area for
the approval of the Director of Planning. The map content, display, and
distribution shall be in accordance with the Buyer Notification Program
guidelines approved by the Board of Supervisors and available at the
Development Processing Center.
11. EP EP B HOMEOWNER NOTIF
First time homebuyers shall be clearly advised in writing with a statement
by the developer, or agents or assigns, of the implications of living
adjacent to natural open space areas, prior to any sales transaction.
This statement shall be approved by the Manager, Environmental and Project
Planning Services prior to the issuance of building permits. It shall
include items such as: a warning about the dangers and nuisances posed by
wildlife that may forage in the development edge; the responsibilities and
benefits that are associated with living near such an area; and fire
related management and the potential need to conduct controlled burns.
This statement shall be written to foster an appreciation of wildlife and
to identify measures that shall be taken to minimize conflicts between
wildlife, domestic animals, and humans, such as restricting free roaming
domestic cats. Restrictions and minimization measures shall also be
included in the Covenant, Codes and Restrictions on the properties.
950049M.HPD 9/99
ATTACHMENT A-2 -- CONDITIONS OF APPROVAL
PA 980049 / PAs 3A-2 AND 3B
Page 3
12. TE BI U SPEC TAX NOTIF
Prior to the issuance of any certificates of use and occupancy, the
developer shall provide evidence to the Manager, Building Inspection, that
the Department of Real Estate has been notified that the project area is
within the boundaries of a Community Facilities District (CFD), and will
be subject to special taxes for public facilities and/or services.
13. DS DS R ASSESSMENT DISTRICT FINANCING
Prior to the recordation of a final tract/parcel map, the subdivider shall
prepare any required improvement plans and shall identify on the plans the
limits of all*the facilities which the subdivider intends to fund through
a Mello -Roos Community Facilities District (CFD) or Assessment District
(AD) bond program. In addition, the improvement plans shall identify the
specific CFD or AD under.which the improvements will be funded, in a
manner meeting the approval of the Manager, Subdivision and Grading.
14. SD SO RG DRAINAGE STUDY
Prior to the recordation of the final tract map or prior to the issuance
of any grading permits, whichever comes first, the following drainage
studies shall be submitted to and approved by the Manager, Subdivision and
Grading:
A. A drainage study of the subdivision including diversions, off -site
areas that drain onto and/or through the subdivision, and
justification of any diversions; and
B. When applicable, a drainage study evidencing that proposed drainage
patteins will not overload existing storm drains; and
C. Detailed drainage studies indicating how the tract map grading, in
conjunction with the drainage conveyance systems including
applicable swales, channels, street flows, catch basins, storm
drains, and flood water retarding, will allow building pads to be
safe from inundation from rainfall runoff which may be expected from
all storms up to and including the theoretical 100-year flood.
D. Prior to issuance of building permits, the developer/applicant shall
demonstrate that storm drains, as illustrated in the refined MDRMP,
Exhibit V, have been installed to convey runoff to well defined
channels. The design of pipes and supporting geotechnical
information for proper release point design has been addressed in
the required refined MDRMP in compliance with LCP policies I-3-K-5,
I-3-K-1, I-3-K-4, I-3-K-6, I-4-B-5, I-4-F-7.
980D49G.MVD 5/99
ATTACHMENT A-2 -- CONDITIONS OF APPROVAL
PA 980049 / PAs 3A-2 AND 3B
Page 4
E. Prior to issuance of building permits, the developer/ applicant
shall demonstrate that piping has been constructed to convey water
exiting the detention basins to energy dissipaters and riprap lining
(rock) located at the outlets of the piping. These structures shall
be constructed in order to reduce the velocity of flow and prevent
excessive downstream erosion.
15. SD SD R DRAINAGE IMPROV
Prior to the recordation of a final tract map or prior to the issuance of
any grading permits, whichever comes first, the applicant shall in a
manner meeting the approval of the Manager, Subdivision and Grading:
A. Design provisions for surface drainages and
B. Design all necessary storm drain facilities extending to a
satisfactory point of disposal for the proper control and disposal
of storm runoff; and
C. Dedicate the associated easements to the County of Orange, if
determined necessary.
16. SD SD RU DRAINAGE IMPROVE
Prior to the recordation of a final tract map, or prior to the issuance of
any certificates of use and occupancy, whichever occurs first, said
improvements shall be constructed in a manner meeting the approval of the
Manager, Construction Division.
17. SG SG G NPDES PERMIT
Prior to the issuance of any grading permits, the applicant shall submit
evidence to the Manager, Subdivision and Grading, that the applicant has
obtained coverage under the NPDES statewide General Stormwater Permit form
the State Water Resources Control Board.
18. SD SD RG DRAINAGE OFFSIT
Prior to the recordation of a final tract map or prior to the issuance of
any grading permit, whichever comes first, and if determined necessary by
the Manager, Subdivision and Grading, a letter of consent, in a form
approved by the Manager, Subdivision and Grading, suitable for recording,
shall be obtained from the upstream and/or downstream property owners
permitting drainage diversions and/or unnatural concentrations.
19. SD SD R MPD PARTICIPTN
Prior to the recordation of a final tract map, the subdivider shall
participate in the applicable Master Plan of Drainage in a manner meeting
the approval of the Manager, Subdivision and Grading, including payment of
fees and the construction of the necessary facilities.
990049C .MPD 5199
ATTACHMENT A-2 -- CONDITIONS OF APPROVAL
PA 980049 / PAs 3A-2 AND 3B
Page 5
20. SD SD R EASMT SDBORD
Prior to the recordation of a final tract map, the subdivider shall not
grant any easements (except utilities) over any property subject to a
requirement of dedication or irrevocable offer to the County of Orange or
the Orange County Flood Control District, unless such easements are
expressly made subordinate to the easements to be offered for dedication
to the County. Prior to the granting any of said easement, the subdivider
shall furnish a copy of the proposed easement to the Manager, Subdivision
and Grading, for review and approval.
21. SG SG RG CROSS -LOT DRAINAGE
Prior to the recordation of a subdivision map or prior to the issuance of
any grading permit, whichever comes first, and if determined necessary by
the Manager, Subdivision and Grading, a letter of consent, in a form
approved by the Manager, Subdivision and Grading, suitable for recording,
shall be obtained from the affected property owners for off -site grading
and/or drainage. The owner/applicant shall record said letters of consent
for off -site drainage and/or croon -lot drainage prior to recordation of
the subdivision map or prior to the issuance of any grading permit,
whichever comes first. Acceptance of cross -lot drainage on lots within
the tract/parcel map boundaries shall be noted on the recorded map.
22. EH EH R SEWER LINES
Prior to the recordation of the final tract map, sewer lines, connections
and structures shall be of the type installed in the location as specified
in the "Guidelines Requiring Separation Between Water Mains and Sanitary
Sewers, Orange County Health Department 1980," in a manner meeting the
approval of the Manager, Environmental Health.
23. EH EH G VECTOR CONTROL
Prior to the issuance of the first grading permit, the Manager,
Environmental Health, shall be requested to initiate the survey process of
the tract site to determine if vector control measures are necessary. If
warranted, such measures shall be conducted by the developer is a manner
meeting the approval of the Manager, Environmental Health.
24. SG SG B ARCHITECTURAL COATINGS
Prior to issuance of building permits, during plan check, the Construction
Manager shall utilize as much as possible precoated/natural colored
building materials, water -based or low-VOC coating, and coating transfer
or spray equipment with high transfer efficiency, such as high volume low
pressure (HVLP) spray method, or manual coatings application such as paint
brush, hand roller, trowel, spatula, dauber, rag or sponge. This measure
will be included in the construction plans and will be verified by the
Manager, Building Permits.
980049G."9D 5/98
ATTACHMENT A-2 -- CONDITIONS OF APPROVAL
PA 980049 / PAs 3A-2 AND 3B
Page 6
25. EP EP NA NOTICE OF DETERMINATION
Pursuant to Section 711.4 0£ the Fish and Game Code, the applicant shall
comply with the requirements of AB 3158, prior to the filing of the Notice
of Determination for the project, in a manner meeting the approval of the
Manager, Environmental and Project Planning.
26. SG SG B WATER CONSERVATION
Prior to issuance of building permits, the project design will incorporate
low -flow plumbing fixtures and reclaimed water for landscaping to minimize
consumption of domestic water. The water conservation features will be
verified by the Manager, Subdivision and Grading Services.
27. SG SG B ENERGr EFFICIENT APPLIANCES
Prior to approval of building permits, pursuant to Title 24, California
Code of Regulations (CCRa), the project design will incorporate the use of
energy efficient appliances wherever feasible to minimize the ongoing use
of electrical and natural gas resources. The project design will be
verified by the Manager, Subdivision and Grading Services.
28. ER SG GB POLLUTANT RUNOFF
Prior to the issuance of precise grading or building permits, whichever
comes first, the applicant shall submit and obtain approval from Manager,
Subdivision and Grading, of a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMPs) that.will be
used on -site to control predictable pollutant runoff. This WQMP shall
identify, at a minimum, the routine, structural and non-structural
measures specified in the Countywide NPDES Drainage Area Management Plan
(DAMP) Appendix which details implementation of BMPs whenever they are
applicable to a project, the assignment long-term maintenance
responsibilities (specifying the developer, parcel owner, maintenance
association, lessee, etc.); and, shall reference the location(a) of
structural BMPs.
FIBS
29. F F R WATER IMP. PLANS
Prior to the recordation of the final tract map, water improvement plans
shall be submitted to and approved by the Fire Chief for adequate fire
protection and financial security posted for the installation. The
adequacy and reliability of water system design, location of valves, and
the distribution of fire hydrants will be evaluated and approved by the
Fire Chief.
990049G.M90 5/99
ATTACHMENT A-2 -- CONDITIONS OF APPROVAL
PA 980049 / PAs 3A-2 AND 3B
Page 7
30. F F B COST PAS PLAN
Prior to the issuance of any building permits, a construction phasing plan
shall be submitted to approved by the Fire Chief. The purpose of this
review is to evaluate the adequacy of emergency vehicle access for the
number of dwelling units served.
"31. F F R SPECIAL FIRE PROTECTION AREA NOTIF
Prior to the recordation of any final tract map, the subdivider shall
place a note on the map meeting the approval of the Fire Chief that the
property is in a Special Fire Protection Area and must most all
requirements for development within the area or file for an exclusion with
the Fire Chief.
32. F F B SPECIAL FIRE PROTECTION AREA DEVELOPMENT
Prior to the issuance of any building permits, the applicant shall most
all requirements for development and construction within a Special Fire
Protection Araa, including street widths, Class A roof assemblies, fire
sprinklers, etc.
33. F F SR FIRE ACCESS
Prior to the recordation of a subdivision map, the applicant shall obtain
approval of the Fire Chief of all fire protection access easements and
shall dedicate them to the County. The CC&Rs shall contain provisions
which prohibit obstructions within the fire protection access easement.
The approval of the Fire Chief is required for any modifications such as
speed bumps, control gates or other changes in within said easement. The
gradient for Fire Department access roads shall not exceed 10 percent.
This may be increased to a maximum of 15 percent when all structures
served by the access road are protected by automatic fire sprinkler
systems.
34. F F RB FIRE HYDRANTS
Prior to- the recordation of subdivision map or the issuance of any
building permits, whichever occurs first, the applicant shall submit to
the Fire Chief evidence of the on -site Eire hydrant system and indicate
whether it is public or private. If the system is private, the system
shall be reviewed and approved by the Fire Chief prior to issuance of
building permits. Provisions shall be made by the applicant for the
repair and maintenance of the system, in a manner meeting the approval of
the Fire Chief.
35. F F BU AUTO FIRE M=
Prior to the issuance of any building permits, if determined applicable by
the Fire Chief that automatic fire extinguishing is needed for fire
protection, all underground piping for automatic fire extinguishing
systems shall be approved by the Fire Chief. Plans for automatic fire
extinguishing systems shall be approved by the Fire Chief prior to
installation. Notification of the Fire Chief's approval shall be
forwarded to the Manager, Building Inspection Division, prior to the
99004M.WD 5/98
ATTACHMENT A-2 -- CONDITIONS OF APPROVAL
PA 980049 / PAs 3A-2 AND 3B
Page 8
i_;
issuance of any certificates of use and occupancy. Further, such systems
shall be operational prior to the issuance of a certificate of use and
occupancy.
36. F F NA FIRE ALARM
Prior to installation, plans for the fire alarm system shall be submitted
to and approved by the Fire Chief. This system shall be operational prior
to the issuance of a Certificate of Use and Occupancy.
37. F F G ACCESS GATES
Prior to the issuance of any grading permits, the applicant shall submit
and obtain the Fire Chief's approval for the construction of any gate
across required Fire Authority access roads/drives. Contract the Orange
County Fire Authority at (714) 744-0403 for a copy of the "Guidelines for
the Fire Authority Emergency Access^.
38. F F B FIRE SPRINKLER SYSTEM
Prior to the issuance of any building permits for all structures greater
than 6,000 square feet or structures identified by the Fire Chief, plans
for the automatic fire sprinkler system shall be submitted to and approved
by the Fire Chief prior to installation. This system shall be operational
prior to the issuance of a certificate of use and occupancy.
39. F F G STREET PLANS
Prior to the issuance of grading permits, the applicant shall submit and
obtain approval of preliminary plans for all streets and courts, public or
private, from the Fire Chief in consultation with the Manager, Subdivision
and Grading. The plans shall include the plan view, sectional view, and
indicate the width of the street or court measured flow line to flow line.
All proposed fire apparatus turnarounds shall be clearly marked when a
dead-end street exceeds 150 feet or when other conditions require it the
minimum width of required fire apparatus access roads shall not be less
than 28 feet.
40. F F G STREET MARKINGS
A. Prior to the issuance of any grading permits, the applicant shall
submit and obtain approval from the Fire Chief for street
improvement plans with fire lanes shown. The plans shall indicate
the locations of red curbing and signage. A drawing of the proposed
signage with the height, stroke and color of lettering and the
contrasting background color shall be submitted to and approved by
the Fire Chief.
F F U STREET MARKINGS
B. Prior to the issuance of the certificate of use and occupancy, the
approved fire lane marking plan shall be installed. The CCaR'a
shall contain a fire lane map and provisions which prohibit parking
in the fire lanes. A method of enforcement shall be included.
9e0049u.wvn 5/98
` ATTACHMENT A-2 -- CONDITIONS OF APPROVAL
PA 980049 / PAs 3A-2 AND 3B
Page 9
41. F F B COMBUSTIBLE CONSTRUCTION LETTER
Prior to the issuance of any building permits for combustible
construction, the developer shall submit and obtain the Fire Chief's
approval of a letter and plan stating that water for fire fighting
purposes and an all weather fire access road shall be in place and
operational as required by the Uniform Fire Code before any combustible
materials are placed on the site.
42. F F B WATER AVAILABILITY
Prior to the issuance of any building permits, an Orange County Fire
Authority Water Availability Form shall be submitted to and approved by
the Plan Review Section of the Orange County Fire Authority. If
sufficient water to most fire flow requirements is not available, an
automatic fire extinguishing system shall be installed in each structure,
in a manner meeting the approval of the Fire Chief.
43. F F U FIRE HYDRNT MMS
Prior to the issuance of any certificates of use and occupancy, all fire
hydrants shall have a "Blue Reflective Pavement Marker"' indicating its
location on the street or drive per the Orange County Fire Authority
Standard and approved by the Fire Chief. On private property these
markers are to be maintained in good condition by the property owner.
44. F F U FIRE LANES
Prior to the issuance of any certificates of use and occupancy, any
private streets) having a curb -to -curb width of leas than 36' shall be
posted "No Parking —Fire Lane" as per 1988 Uniform Fire Code Section
10.207, in a manner meeting the approval of the Fire Chief.
45. F F R TRAFFIC SIGNAL
Prior to the recordation of the applicable subdivision map as determined
by the Fire Chief, in consultation with the Manager, Traffic Engineering,
the subdivider shall enter into an agreement with the County/City for the
installation of traffic signal pre-emption equipment. The Fire Chief
shall determine whether the traffic signal pre-emption is to be installed
per the agreement or the financial security released. Language to this
affect shall be included in the agreement.
46. F F GBU FUEL MODIFICATION
A. Prior to the issuance of a preliminary grading permit, the applicant
shall obtain approval of the Fire Chief, in consultation with the
Managers, Environmental and Project Planning Services, Current
Planning Services and Subdivision and Grading Services of a
conceptual fuel modification plan and program.
990049CA.M9D 5/99
ATTACHMENT A-2 -- CONDITIONS OF APPROVAL
PA 980049 / PAs 3A-2 AND 3H
Page 10
i.''
H. Prior to the issuance of any precise grading permit, the applicant
shall obtain the approval of the Fire Chief, in consultation with
the Managers, Environmental and Project Planning Services, Current
Planning Services, and Subdivision and Grading Services of a precise
fuel modification plan and program. The plan shall indicate the
proposed means of achieving an acceptable level of rink to
structures by vegetation.
C. Prior to the issuance of a building permit, the developer shall have
completed, under the supervision of the Fire Chief, that portion of
the approved fuel modification plan determined to be necessary by
the Fire Chief before the introduction of any combustible materials
into the project area. Approval shall be subject to on -site
inspection.
D. Prior to the issuance of any certificates of use and occupancy, the
fuel modification shall be installed and completed under the
supervision of the Fire Chief. Further, the .installed fuel
modification plant palette shall be established to a degree meeting
the approval of the Fire Chief. The CCLRs, or other approved
documents, shall contain provisions for maintaining the fuel
modification zones including the removal of all dead and dying
vegetation subject to triennial inspections.
47. DS DS G GEOLOGY RPT
Prior to the issuance of a grading permit, the applicant shall submit a
geotachnical report to the Manager, Subdivision and Grading, for approval.
The report shall include the information and be in a form as required by
the Grading Manual.
48. DS DS G GRADING DEVIATION
Prior to issuance of any grading permits, if review of the grading plan
for this property by the Manager, Subdivision and Grading, indicates
significant deviation from the proposed grading illustrated on the
approved tentative tract map, specifically with regard to slope heights,
slope ration, and pad elevations and configuration, the plan shall be
reviewed by the .'Subdivision Committee for a• finding of substantial
conformance. Failure to achieve such a finding will require processing a
revised tentative tract map; or, if a final tract map has been recorded,
a new tentative tract map or a Site Development Permit application per
Orange County Zoning Code Section 7-9-139 and 7-9-150.
49. SG SG G GRADING RESTRICTION
Notwithstanding any grading/elevations that are shown on the tentative
map, or the provisions of Orange County Zoning Code Section 7-9-139
(Grading and Excavation), approval of this Coastal Development Permit/
tentative map does not authorize the issuance of any grading permits.
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50. DS DS G GRADING
Prior to the recordation of the first final tract map or issuance of the
first grading permit for projects located immediately adjacent to or
including portions of regional parks, significant open space corridors, or
other environmentally sensitive areas, the project proponent shall provide
evidence acceptable to the Manager, Subdivision and Grading, in
consultation with the Manager, Public Facilities and Resources Department
/ Harbors, Beaches and Parks - Program Management, that graded areas will
be compatible with natural land characteristics of the adjacent areas.
51. DS DS G CONST NOISE
A. Prior to the issuance of any grading permits, the project proponent
shall produce evidence acceptable to the Manager, Subdivision and
Grading, that:
1) All construction vehicles or equipment, fixed or mobile,
operated within 1,000' of a dwelling shall be equipped with
properly operating and maintained mufflers.
2) All operations shall comply with Orange County Codified
Ordinance Division 6 (Noise Control).
3) Stockpiling and/or vehicle staging areas shall be located'as
far as practicable from dwellings.
B. Notations in the above format, appropriately numbered and included
with other notations on the front sheet of grading plans, will be
considered as adequate evidence of compliance with this condition.
52. CP EP G COASTAL SAGE SCRUB
A. As required by participation in the Natural Community Conservation
Planning/Coastal Sage Scrub (NCCP) agreement signed by the County on
May 1, 1992, prior to the issuance of any grading permit, the
project applicant shall provide an accounting summary in acres, or
portions thereof, of coastal sage scrub scheduled to be impacted by
removal through grading meeting the approval of the Manager, Current
Planning.
B. Notwithstanding the tentative map, no grading will occur within the
Natural Community Conservation Plan (NCCP)'enrolled area except as
in a manner meeting the approval of the Manager, Current Planning.
53. EP DS R LNDSCP
Prior to the recordation of each applicable final tract/parcel map, open
space PA 12B shall be reserved for granting in fee to a homeowner's
association who shall be responsible for maintenance and upkeep.
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54. HP SO R PUB INT LNSCP
Prior to the recordation of the final tract map, a landscape plan shall be
required for all slopes created in conjunction with construction of
roadways and shall be landscaped and equipped for irrigation and improved
in accordance with the following:
HP SD R PRELM LNSCP PLN
A. Preliminary Plan — Prior to the recordation of an applicable final
tract map, an agreement shall be entered into and financial security
posted guaranteeing landscape improvements and the maintenance
thereof based on a preliminary landscape plan showing major plant
material and uses, with a cost estimate of the landscape
improvements. The preliminary plan and cost estimates shall be
reviewed and approved by the Manager, Subdivision and Grading, in
consultation' with the Manager, Public Facilities and Resources
Department / Harbors, Beacham and Parks - Program Management. Said
plan shall take into account the previously approved landscape plan
for Newport Coast Planned Community, the Standard Plans for
landscape areas, adopted plant palette guides, applicable scenic and
specific plan requirements, Water Conservation Measures contained in
Board Resolution 90-487 (Water Conservation Measures), and Board
Resolution 90-1341 (Water Conservation Implementation Plan).
HP SD B DTAL LNSCP PLN
B. Detailed U= — Prior to the issuance of any building permits (a), a
detailed landscape plan shall be submitted to and approved by the
Manager, Subdivision and Grading, in consultation with the Manager,
Public Facilities and Resources Department / Harbors, Beaches and
Parks - Program Management. Detailed plans shall show the detailed
irrigation and landscaping design.
HP CHI U LNDSCP INSTALL
C. Installation Ca + a at+on — Prior to the issuance of final
certificates of use and occupancy and the release of the financial
security guaranteeing the landscape improvements, said improvements
shall be installed and shall be certified by a licensed landscape
architect or licensed landscape contractor, as required, as having
been installed in accordance with the approved detailed plans. Said
certification, including an irrigation management report for each
landscape irrigation system, and any other required implementation
report determined applicable, shall be furnished in writing to the
Manager, Building Inspection, prior to the issuance of any
certificates of use and occupancy.
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55. All residential lots and dwellings shall be 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 prepared by a County -certified acoustical
consultant, that these standards will be satisfied in a manner consistent
with applicable zoning regulations, shall be submitted as follows:
DS DS RG ACOUSTICAL RPT
A. Prior to the recordation of a final tract map or prior to the
issuance of grading permits, as determined by the Manager,
Subdivision and, Grading, for approval. The report shall describe in
detail the exterior noise environmental 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.
DS DS B ACOUSTICAL RPT
B. Prior to the issuance of any building permits for residential
construction, an acoustical analysis report describing the
acoustical design features of the structure required to satisfy the
exterior and interior noise standards shall be submitted to the
Manager, Subdivision and Grading, for approval along with
satisfactory evidence which indicates that the sound attenuation
measures specified in the approved acoustical report have been
incorporated into the design of the project.
DS DS B ACOUST BARRIERS
C. Prior to the issuance of any building permits, all freestanding
acoustical barriers must be shown on the projectes plot plan
illustrating height, location and construction in a manner meeting
the approval of the Manager, Subdivision and Grading.
56. CP SP V AIRCRAFT OVBRFLT
Should the Airport Land Use Plan be amended to where the property (and
homes) approved by this permit would be affected by overflight, sight and
sound of aircraft operating from what is currently known as 81 Toro Marine
Corps Air Station, then prior to the issuance of certificates of use and
occupancy permits, the developer shall supply evidence that future
property owners are notified .of this condition in a manner meeting the
approval, Manager, Building Permits.
57. TS TS G SIGHT DISTANCE
Prior to issuance of a grading permit, adequate sight distance shall be
provided at all intersections per Orange County Standard Plan 1107 in a
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manner meeting the approval of the Manager, Subdivision and Grading; thin
include any necessary revision to plan to remove slopes or other
encroachment from the Limited Use Area.
58. TP SD R PVT ST NOTIF
Prior to the recordation of a final tract map, a note shall be placed on
the map that states:
"The private streets constructed within this map shall be owned, operated
and maintained by the developer, successors or assigns. The County of
orange shall have no responsibility therefore unless pursuant to
appropriate sections of the Streets and Highways Code of the State of
California, the said private streets have been accepted into the County
Road System by appropriate resolution of the Orange County Hoard of
Supervisors."
59. TE TE G MANEUVERING AREA
Prior to issuance of a grading permit, adequate maneuvering area shall be
provided to all garagai per Orange County Standard Plan 1209 and Orange
County Zoning Code 7-9-145.3 in a manner meeting the approval of the
Manager, Subdivision and Grading.
60. LP LP R SLDG SITE ACCESS
Prior to the recordation of each subdivision map (except maps for
financing and conveyance only), the subdivider shall submit to the
Manager, Land Use Planning, for review and approval, a procedure or method
that will ensure that each proposed building site will have a guaranteed
right of vehicular and pedestrian ingress and egress access from each
building site to a publicly maintained•strest. The approved procedure or
method shall be lettered/shown on the subdivision map.
61. LP LP E DEV SITE ACCESS
Prior to the issuance of any building permits, the applicant shall produce
evidence acceptable to the Manager, Land Use Planning, that legal,
practical access exists from the development site to a publicly maintained
street (County Standard Condition T3).
62. SG SG a SPECIAL
Prior to the recordation of a subdivision map (except for financing and
conveyance purposes) or the issuance of any building permit, the
subdivider shall provide plans meeting the approval of the Manager,
Subdivision and Grading Services, for the design of the internal
pedestrian circulation system within the development.
63. SG SG R UNDRGND UTILT
Prior to the recordation of a final tract map, the subdivider shall
install all underground traffic signal conduits (e.g., signals, phones,
power, loop detectors, etc.) and other appurtenances (e.g., pull boxes,
etc.) needed for future traffic signal construction at the intersections
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listed above, and as needed for future interconnection with adjacent
intersections, all in accordance with plans and specifications meeting the
approval of the Manager, Subdivision and Grading.
64. LP LP NA SPECIAL
Construction of pedestrian and bicycle paths connecting areas of interest,
in accordance with County management policies and golf course/resort
management needs (LCP Transportation/Circulation Policy 20e), shall be
verified by the Manager, Current Planning Services, during plan check of
subsequent ^eN level tract maps for project development.
65. HP HP NA PARK PLAN
Prior to approval of any subdivision map for development purposes, a Local
Park implementation Plan (LPIP) update and amendment shall be processed
subject to. the approval of the Manager, PFRD/HSP Project Management and
Coordination, and the orange County Subdivision Committee.
66. SG SG R ASSESS DIST
Prior to the recordation of a final tract map, the subdivider shall
prepare any required improvement plans and shall identify on the plans the
limits of all the facilities which the subdivider intends to fund through
a Mello -Roos Community Facilities District (CFD) or Assessment District
(AD) bond program. in addition, the improvement plans shall identify the
specific CFD or AD under which the improvements will be funded, in a
manner meeting the approval of the Manager, Subdivision and Grading.
67. SG SG R ASSESS DIST FRM
Prior to the recordation of a final tract map within the boundaries of an
assessment district, the subdivider shall fill out, sign and submit the
required application form for the division of land and assessment, and pay
the required fee, in a manner meeting the approval of the Manager,
Subdivision and Grading.
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