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SPR_71
SITE PLAN REVIEW APPLICATION
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
(714) 644-3200
No.
Application Redd b . ,
Fee: $ 119 1�
APPLICANT (Print) California Pacific Homes PHoN 714/759-1782
MAILING ADDRESS 5 Civic Plaza, Suite 100, Newport Beach, CA 92660
PROPERTY OWNER The Irvine Company PH0NE714/720-2410
MAILING ADDRESS 550 Newport Center Drive, Newport Beach, CA 92660
ADDRESS OF PROPERTY INVOLVED Upper Castaways, Northeast corner of Dover Drive
and 16th Street.
PURPOSE OF APPLICATION (describe fully) To obtain approvals necessary to develop 119
single family dwellings in a private gated community on approximately 26 acres.
Residential
ZONE Open Space PRESENT USE Undeveloped open space.
Legal description of Property Involved (if too long, attach separate sheet) Being a subdivision of a
portion of Lot 2 of Tract No. 1125, in the City of Newport Beach, County of Orange, State of
California, as shown on a map filed in Book 39; pages.7 & 8, together with that portion of
as shown on a map filed in
miscellaneous maps, both in the office of the County Recorder of said county.
both of
OWNER'S AFFIDAVIT y
T
(1) (We) i'✓C+e.r+.r J �. 1,t/ir�lPPy s!!/n�t CCU ar✓oF'7#4--Vi '/. ep� and say that (I am)
(we are) the owner(s) of the property(ies) involved in this application. (I) (We) further certify, under
penalty of perjury, that the foregoing statements and answers herein contained and the information
herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief.
Signature(s)
NOTE: An agent may sign for the owner if written authorization from the record owner is filed with
the application.
DO NOT COMPLETE APPLICATION BELOW THIS LINE
Date FiledA'-lso-ck�k Fee Pd. '% I la \ , 0 7 Receipt No.
Review Date
P.C. Action P.d?�/,i, �� Date A/L
Appeal
C.C. Action
C.C. Hearing
Date
NEWPORT BEACH
CITY
Planning Commission Meeting November 10, 1994
Agenda Item No. 7
SUPPLEMENTAL REPORT
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: A Tentative Map of Tract No.15612 (Public Hearing)
001
B. Site Plan Review No. 71 (Public Hearine)
Revised Conditions for Anaroval
The Public Works Department has met with the applicant, and several revisions to proposed
conditions for approval have been agreed to. The revised conditions, in strike -out and underline
format are attached (Attachment 1).
Response to Comments
The review period for the Negative Declaration has closed, and comments have been received.
The comments, with responses are attached (Attachment 2).
Additional Discussion Reeardine TTM Conditions # 13 & 14
The Applicant and the Public Works Department have not been able to agree on two items, which
warrant additional discussion.
Bluff Top Trail Width, Condition 13 requires the bluff top trail proposed to be constructed by the
applicant to be 12 feet in width. The applicant opposes the 12 foot requirement, and only
supports the construction of an eight foot wide trail. The Public Works request is based upon the
requirements of the Highway Design Manual, adopted and published by the State Department of
Transportation (CalTrans). Section 1003.1 describes the design requirements for Bikeways. The
minimum for two way bicycle traffic is 8 feet, with a 2 foot graded shoulder on each side. When
significant pedestrian traffic is added to a two way bicycle trail, it should be 12 feet or more. The
Public Works requirement is consistent with this State standard, and is, in part, intended to
protect the City from a liability standpoint.
r� e
TO: Planning Commission - 2.
This section of the Highway Design Manual also notes that paths less than 12 feet wide
sometimes break up along the edge as a result of loads from maintenance vehicles. This is an
important consideration, since the City will be taking on the long-term maintenance
responsibilities of the blur and maintenance vehicles will need to access the area on a regular
basis.
LandscaM Maintenance Requirements. Condition 14 requires that all landscaping inland of the
bluff top shall be planted and maintained by the developer/association. The applicant objects to
this requirement.
In the original approval of the CIOSA Agreement, The Irvine Company requested the ability to
establish a grade separation between the development area and the public park areas with a 2:1
slope in the dedication area. The City agreed to allow the establishment of the higher
development area grade, but only so long as the slopes were wholly contained in the development
area and owned and maintained by the developer/association.
During the initial discussions regarding this specific project, the possibility of allowing a more
gentle slope within the dedication area was discussed. Staff agreed that this could be considered
only if the slopes were very gentle (3:1 or 4:1) and were maintained by the future association.
The applicant is proposing to have the slope encroach into the dedication area, with the City
maintaining the slope. It is the position of staff that if the applicant is unwilling to accept the
requirement to have the association maintain the slope area, the slope to establish the higher grade
of the development area should occur wholly within the development area and not in the
dedication area, as specified in the CIOSA Agreement.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By" —
Patricia L. Temple
Advance Planning Manager
Attachments:
1. List of Revised Conditions for Approval
2. Response to Comments
PLT:..WLANNINOTATTY-7V'CISPR�3M1 5012.DOC
Revised Conditions:
1.
That the Tentative Tract Map be revised to delete the area from the tentative map that is
proposed as the access road for the Lower Castaways site in conformance with Resubdivision
No. 972, currently being . processed; that an accompanying construction easement for
constructing the future access road be provided; and that an easement for ingress and egress
be provided across the future Lower Castaways access road for the park access road to be
constructed with the proposed tract. Notwithstanding this condition. all open s >! ace
The Irvine Compm consistent with the terms of the CIOSA Agreement related to the Uooer
Castaways parcel.
13. That a 12 foot wide bluff top trail shall be constructed with a connection on the north at
Grove Lane and a connection on the south at Dover Drive. The trail shall be structurally
designed to handle maintenance and emergency vehicular traffic. The Trail shall be located a
minimum of 15 feet from the top of proposed slope, unless otherwise approved by the Public
Works Department and the City Grading Engineer. The design of the trail shall inelade
lighting and be approved by the Public Works Department, General Services Department,
Utilities Department, Fire Department, Police Department and the Community Services
Department. Provisions to install lighting in the future shall be included in the trail design.
14. The bluff top open space area shall be designed in Lot "V" to convey the drainage away from
the top of slope to be picked up by the -private A storm drain system to be constructed by the
developer and maintained by the Ci_}t + asseeiatien. All landscaping inland of the bluff top trail
shall be planted and maintained by the developer/association. An agreement shall be required
for maintenance of the landscape and drainage system and approved as to form by the City
Attorney's office.
15. That the heavily eroded areas with near vertical faces along the bluff top within Lot "V" shall
be repaired and all drainage directed away from the bluff top edge. The locations to be
repaired shall be reviewed and approved by the City.
16. That prior to the developer dedicating the View Park, Lot "U", to the City, all heavily eroded
areas with near vertical faces along the bluff top shall be repaired and all drainage directed
away from the bluff top edge. The
19. That a 24 foot wide access road be constructed in the proposed Open Space Lot "U" from the
intersection of Dover Drive and Cliff Drive along the alignment of the old Castaways Road
and connect to the bluff top trail. The emergeney access road shall be a maximum 80/o grade
with a turn around. The road shall be designed to accommodate heavy vehicles and Fire
Department apparatus. The design is to be approved by the Public Works Department. That
the design and grades of the emergency access road be compatible with the proposed grades
for the .proposed Lower Castaways access road, and that they meet ADA access grade
standards.
3
31. That an additional 28 feet of right-of-way be dedicated to the public for street and highway
purposes along the Dover Drive frontage in order to provide a minimum of 128 feet of right-
of-way. That the 28 foot width be graded to future curb grade along the entire length of the
Dover Drive frontage with a 2% cross fall at the time of the proposed tract grading UWM
otherwise approved' 1& 111i6 PORE Works Department, and that a 10 foot wide concrete
sidewalk be constructed along the tract frontage between Westeliff Drive and Cliff Drive.
q
RESPONSE TO COMMENTS
UPPER CASTAWAYS
NEGATIVE DECLARATION
CITY OF NEWPORT BEACH
November 8, 1994
Introduction
The following contains all comments received during the public review period on the Negative
Declaration prepared for the Upper Castaways project, and the City of Newport Beach's
responses thereto. Pursuant to §15132(d) of the CEQA Guidelines, the City has provided
responses to "significant environmental points raised in the review and consultation process." For
each commentator, the individual comment is summarized, followed by the City's response. Each
comment letter is attached.
List,of Commentators
1. Jason Marshall, Environmental Analyst
Department of Conservation
2. Jennifer M. inn
SPON Steering Committee
3. Alan Beek
5
• 9
MEMO FROM
DEPARTMENT OF CONSERVATION
by Jason Marshall, Environmental Analyst
dated November 2, 1994
Comment
ENERGY/NATURAL RESOURCES
The proposed project is in an area where
exploratory oil and gas wells have been
drilled. According to records, there is a
plugged and abandoned dry -hole located near
the project's boundaries, identified as
Chevron, USA Inc. Irvine Company 1, API
Number 059-01164. If any structure is to be
located over or in the proximity of the well, it
will need to be plugged to current Division
specifications. It is suggested that a diligent
effort be made to avoid building over any
plugged and abandoned well. If construction
over an abandoned well is unavoidable, an
adequate gas venting system should be placed
over the well.
Response
The comment is noted and included in the
record. An additional mitigation measure will
assure the potential impact will be reduced to
a level of insignificance.
"Prior to the approval of the Final Tract Map,
the applicant shall verify the location of any
plugged and abandoned oil wells on site. If
any abandoned wells are on -site, the applicant
or property owner shall plug the well(s) to
meet the standards of Department of
Conservation Division of Oil, Gas and
Geothermal Resources. If a well occurs
within the development area, the plugging
shall occur prior to the issuance of any
grading permits. If a well occurs within the
dedication area, an agreement committing to
the completion of plugging shall be executed
prior to the acceptance of dedication, and the
plugging shall occur prior to the issuance of
any grading permits. If any structures are
over or in close proximity to any well, a gas
venting system shall be installed as required
by the State Department of Conservation and
the City Grading Engineer."
9
/-
LETTER FROM
SPON
by Jennifer M. Winn
dated November 7, 1994
Comment
1. Is Lot U a part of this tentative map?
Will this acreage be dedicated to the
City of Newport Beach?
2. The exhibits on landscape and grading
are illegible. We suggest they be
removed and the information contained
in these exhibits be described in the
text where relevant environmental pints
are discussed.
3. If the site were developed as attached
units, greater setbacks and open space
could be reserved adjacent to Upper
Newport Bay. This would also result
in decreased hazards to residents due
to bluff erosion. Also, a graduated
setback restricting the height of homes
closest to the bluff would also minimize
visual intrusion to the Bay. The draft
Negative Declaration should discuss
the difference between the impact of
the attached and detached units.
4. The impact of the development on the
homes and the public bike trail
immediately to the north of the project
has not been addressed.
5. Since the certification of the CIOSA
EK the operation of John Wayne
Airport have changed. The potential
impacts of the new procedures on
public safety and noise should be
Response
All lettered lots shown on the tentative
tract map are a part of the subdivision. Lot
U is to be dedicated to the City of
Newport Beach.
The reproduction of the exhibits is the best
possible, given the scale of the plans.
Original, full size exhibits are part of the
project file and have been available for
review during the entire review period.
The information on these exhibits has been
summarized in the impact analysis of the
initial study. Comment is noted.
The purpose of this environmental analysis
is to determine if the previously certified
EIR conclusions would be different in light
of the additional level of information
available with the subdivision map and the
site plan review. The City is already
committed to approve the project within
the context of the CIOSA Agreement and
the approved Planned Community Text.
Whether developed as attached or
detached units, the same setback and
building height restrictions are applicable.
The greatest difference resulting from the
change in unit type is a reduction of the
overall building mass due to fewer units
being constructed.
There will be no impact on the existing
bike trail to the north. Fences will be as
permitted by the Planned Community
District Regulations.
As a result of the change in procedures, no
changes to significant public safety or noise
impacts or mitigation has occurred.
discussed. i
6. SPON requests a copy of the plan for
wetlands mitigation. Who will evaluate
the adequacy of this plan to support the
determination ?
9. SPON makes recommendations
regarding landscaping.
8. If the project consisted of attached
units, a greater setback could be
maintained. Was the use of detached
homes discussed as an alternative in the
OR?
9. Page 27 identifies new impacts
(topography) not discussed or
mitigated in the EIR, but does not
discuss the issue. The title on Page 28
should read "Upper Castaways".
10. How can geotechnical impacts be
mitigated to a level of insignificance
without a preliminary geotechnical
study.
11. Will there be a traffic signal at the view
park access road and Dover Dr.?
Assess could be provided from 16th
Street. This would minimize required
grading.
12.In conclusion, SPON believes that
changes in the project could reduce
environmental impacts.
The mitigation plan has not been
developed. It will be required prior to the
issuance of a grading permit. The State
Department of Fish and Game and the
California Coastal Commission issue
permits for the fill of wetlands.
Comment is noted, incorporated into the
record and will be forwarded to the
decision makers.
Please refer to response 3 above. Time is
no difference from an environmental
analysis standpoint between attached and
detached residential.
The response to question c under Earth
Resource should have been "No". This
correction is hereby incorporated into the
Environmental Document. The correction
to the title is also incorporated.
A preliminary geotechnical study was
prepared prior to the original
environmental documentation. There is no
information which indicates the required
level of mitigation cannot be achieved.
There will be a signal at Cliff Drive on
Dover Dr. The CIOSA Agreement
provided for access to the park from either
16th Street or Cliff Drive. The design of
the projects meets the parameters set forth
in the Agreement The impacts resulting
from the increased grading have been
assessed, and mitigated to a level of
insignificance.
Comment is noted for the record. It is
important to note that the purpose of this
environmental document is not to repeat or
redo the previous document, but is only to
affirm the validity of the analysis in light of
additional information.
Cl
• LETTER FROM •
Alan Beek
dated November 7, 1994
Comment
1. The project is a vast improvement.- - - _.
2. Homes should be measured from
existing grade, and be limited to 24
foot average height.
3. A gate -guarded community is
inappropriate for the area.
4. The project design should include a
bluff -top street.
5. A bluff -top street will help minimize
erosion.
6. A rodent barrier should be included in
the bluff protection plan.
7. Watering from landscaping may affect
slope stability.
8. The Castaways park should be
maintained in its natural state.
9. The development is connected to the
Santa Ana River bridge at 19th Street.
Response
Comment noted. -- -
Comment noted. It is common practice fo -
approve grade as a part of a subdivision
plan. The heights of the proposed homes
are consistent with the provisions of the
approved Planned Community District
Regulations.
Comment noted.
Comment noted.
The project, as designed and mitigated will
control erosion of the bluff.
The design of the bluff -top trail and
drainage facilities will be subject to the
review and approval of the City Grading
Engineer and the Public Works
Department.
Mtigation measures regarding
landscaping, irrigation bluff stability will be
subject to the review and approval of the
City Grading Engineer and the Public
Works Department, in order to assure that
this concern is addressed.
The design of park improvements is not
being considered at this time. The
comment will be forwarded to the
Community Services Department.
The project has no connect to the 19th
Street bridge project. The City has
reclassified Dover Drive northerly of
Westcliff as a two lane commuter roadway.
The City traffic model projects the need for
a major arterial road on Dover Drive
southerly of Westcliff.
I
The widening of Ier Drive requires
the elimination of an existing wetland.
gIR and compliance wi
measures reduce the impact
of insignificance.
The existing road is inadequate to serve as
the primary access to the view park. The
new road shown_ serves not_ only. City
vehicles, but will allow for vehicular access
and parking for the park. The grade
shown is the minimum allowable to meet
the requirement of the Americans with
Disabilities Act (ADA).
M E M O R A N D �M
To: Project Coordinator
Resources Agency
Date: November 2, 1994
Mr. John H. Douglas - --
Principal Planner
city of- Newport -.Beach ___ . _.. _ __ _. _ - ____ _ _ .
P.O. Box 1768 f'1 ? 191.1
Newport Beacham Cal-ifornta "9"2WS9 1'7'68—' "`4M Pµ
718191101 H I21112131415 i g
From: Department of Conservation b
Office of Governmental and Environmental Relations
Subject: Negative Declaration for the Upper Castaways Project in the
City of Newport Beach, Orange County. SCH 194101009
The Department of Conservation's Division of Oil, Gas, and
Geothermal Resources (Division) has reviewed the Negative
Declaration for the proposed project and submits the following
comments for your consideration.
The proposed project is located in an area where exploratory
(wildcat) oil and gas wells have been drilled. The Division's
map W1-6, covers the County of Orange wildcat area and the area
of the proposed project. To ensure proper review of building
projects, the Division has available an informational packet
entitled, "Construction Project Site Review and Well Abandonment
Procedure". The packet outlines the information that a project
developer must submit to the Division for review. Developers
should contact the local building department for a copy of the
site review packet.
According to Division records, there is a plugged and
abandoned dry -hole located near the project's boundaries. The
well is identified as Chevron USA Inc. "Irvine Company" 1, API
Number 059-01164. If any structure is to be located over or in
the proximity of the well, the well may need to be plugged to
current Division specifications. Section 3208.1 of the Public
Resources Code authorizes the State oil and Gas Supervisor
(Supervisor) to order the reabandonment of any previously plugged
and abandoned well when construction of any structure over or in
the proximity of the well could result in a hazard. The cost of
reabandonment operations is the responsibility of the owner of
the property upon which the structure will be located.
Furthermore, if any plugged and abandoned or unrecorded wells are
damaged or uncovered during excavation or grading, remedial
plugging operations may be required.. If such damage or discovery
occurs, the Division's district:office in Long Beach must be
contacted to obtain information on the requirements for an
approval to perform remedial operations.
Written approval from the Supervisor is required prior to
drilling, reworking, injecting into, plugging, or abandoning any
Page Two
0
"rI
well. Prior to commencing operations, the project
consult with the Division's district office in Long
obtain information on the wells, requirements, and
conduct any of the work mentioned above.
applicant must
Beach to
approval to
The possibility for future problems from oil and gas wells
that have been plugged and abandoned, or reabandbned, to the
Division's current specifications are remote; however, we suggest
that a diligent effort be made to avoid building over any plugged
and abandoned well. If construction over an abandoned well is
unavoidable, an adequate gas venting system should be placed over
the well.
If you have any questions, please feel free to contact
Richard K. Baker or Edward Santiago at the Division's district
office in Long Beach. The address is 245 West Broadway, Suite
475, Long Beach, CA 90802; phone (310) 590-5311.
Jason Marshall
Environmental Analyst
cc: Edward Santiago, Division
Resources, Long Beach
Mike Stettner, Division of
Resources, Sacramento
Of oil, Gas, and Geothermal
Oil, Gas, and Geothermal
/i
Of ffrr I 1 0
P.O. BOX 102
November 7, 1994
'V 4)
ouR f;G'! -'1994
PM
7e82A1DAVI112A4A6
BALBOA ISLAND, CALIFORNIA 926i
Ms. Patty Temple
City of Newport Beach Planning Department
P.O. Box 1769
Newport Beach, CA 92659-1768
Original sent by FAX transmission on November 7, 1994
SUBJECT: COMMENTS ON THE UPPER CASTAWAYS NEGATIVE DECLARATION
(TTM 15012)
Dear Ms. Temple:
On behalf of the SPON steering committee, I would like to call your
attention to several points that we feel have not been adequately
addressed in the environmental review of the Upper Castaways project.
The numbering of the comments below corresponds to the order of
discussion within the Negative Declaration:
1. The project description is not clear; the vicinity map depicts
the entire castaways site, but the text states that the project
includes .8 acres of open space. Is Lot U not a portion of this
tentative map, or should the acreage have been included in the
open space total? will this acreage be dedicated to the City of
Newport Beach? Please clarify the disposition of this lot.
2. The exhibits on landscape and grading are illegible. These are
indicated with Exhibit numbers in the text but not on the plans.
We suggest they be removed and the information contained in these
exhibits be described in the text where relevant to the
environmental points being discussed. It is impossible to
conclude based on illegible plans that aesthetic impacts to the
public open space adjacent to the project have been minimized.
3. Regarding visual impacts to Open Space: We recognize that the
CIOA EIR concluded that unavoidable adverse visual impacts to
S
pub I 1public open space would result from development on this site.
If the site were developed as attached units, as permitted under
the PC regulations, greater setbacks and open space could be
reserved adjacent to Upper Newport Bay. This would also result
in decreased hazards to residents due to bluff erosion.
Alternatively, a graduated setback restricting the height of
homes closest to the bluff 'would also minimize visual intrusion
to the bay. SPON cannot agree that the impact is unavoidable.
We note that the Program EIR assumed that the units would be
attached. Therefore the Draft Negative Declaration should
discuss the difference between the impact of the Single Family
Attached and the Single Family detached units proposed by this
project.
Ms. Patty Temple • . �'
November 7, 1994
Page 2
4. The impact of the development on the homes and the public"bUd
trail immediately to the north of the project has not been
addressed. What will be the fence height, fence materials and
landscaping on this side of the project? µ w
S. Regarding Land Use Conflicts: Since the certification of the
CIOSA EIR, federal regulations regarding the operation of John
Wayne airport have changed. The potential impacts of new
operating procedures on public safety and noise should be
discussed.
6. Regarding Biotic resources: SPON requests a copy of the plan
for wetlands mitigation plan required by Mitigation Measure 20.
Who will evaluate the adequacy of this plan to support the
determination that impacts have been mitigated to a level of
insignificance?
7. SPON commends the applicant for planning to use native plants
for landscaping adjacent to the bluff top. However, we believe
there are certain critical factors that should be part of the
landscape plan in order to avoid adverse impacts of the Upper
Newport Bay Ecological Reserve.
We recommend that, in order to best complement the natural
character of Upper Newport Bay, the applicant attempt to create
a self sustaining plant community that will provide some value to
wildlife. This could be done by using a diverse plant palette
and seed sources from the immediate area of the bay. The design
of the landscaping between the homes and the trail would need to
be planned so as not to invade the more natural community. It
will be a challenge to accomplish this since the more natural
community will be downslope, and seed from the exotics will tend
to drift in that direction. During the application of Mitigation
Measures 17 and 24, SPON recommends that the -biologist address
this issue. Additionally, SPON recommends the biologist consult
with the Department of Fish and Game in preparing the landscape
revegetation plan. Mitigation Measure 24 should specify an
irrigation system and maintenance during the period necessary to
establish the landscaping.
in addition to minimizing visual and biotic impacts, the
establishment of such a plant community would help to prevent
erosion of the bluff.
8. If the project consisted of attached units (as assumed in the
EIR for the Development Agreement), a greater setback could be
maintained. The impacts to the coastal sage scrub and to bluff
top erosion could thus be reduced. was the use of detached homes
discussed as an alternative in the EIR?
Regarding Ear t Resources: Page 27 identifies new impacts
(topography) not discussed or mitigated in the EIR, but does not
discuss or identify mitigation,
Ms. Patty Temple • •
November 7, 1994
Page 3
We believe the title at the top of_page 2.8_was intended to read
"Environmental Evaluation - Upper Castaways Site Plan and
Tentative Map."
10. Mitigation Measure 38,`which is-to•be applied to the project per
a statement on page 28, states that an additional setback may be
required adjacent to the bluff. The Environmental Evaluation
states that no new geotechnical reports have been prepared
subsequent to CIOSA. SPON questions how this Initial Study can
conclude that impacts can be mitigated to a level of
insignificance without at least a preliminary geotechnical study.
11. Regarding Circulation/Access: Will there be a traffic signal at
the intersection of the view park access road and Dover? SPON
suggests that access to the view park would be better provided
from 16th Street. This would eliminate the need for such steep
grading for the proposed access road; it would require
redesigning a portion of the site, but would provide access that
is cheaper to build and maintain as well as safer to use.
In conclusion, SPON believes that changes in the project could reduce
environmental impacts. Protection of open space views and native
vegetation, as well as prevention of erosion along the bluff, are
important issues that will affect one of our City's most important
natural assets, Upper Newport Bay. These issues require further study
before concluding that there is no potential for additional significant
impacts. We urge staff and the Planning Commission to more carefully
evaluate this project before recommending approval.
i L��X
r M. inn
teerina Committee
CC: Frank Robinson, Friends of Newport Bay
Troy Kelly, Upper Newport Bay Ecological Reserve
Cheryl Heffley, State Department of Fish and Game
• Allan Beek .`,.
2007 Highland
Newport Beach CA 92660
November 70 1994
Re: 1) Site Plan Review No. 71.
2) Nega ve Dec aration for Upper Castaways
- Tentative Tract No,-.15012
City of Newport Beach ------ — -- -
Planning Department
3300 Newport Blvd.
Newport Beach, California
Gentlemen:
Of the eleven topics herein, six (Nos. 51 61 71 91 10, and 11)
are reasons not to approve a negative declaration. These six discuss
avoidable adverse impacts of the project as proposed.
1) Congratulations. The project as proposed is a vast
improvement over that sanctioned by the former City Council. The
developer and staff persons who worked with him are to be
congratulated.
2) Heights. One of the greatest improvements is abandonment of
the plan to spend nearly a year trucking in dirt to raise the housing
area by ten feet or more. Any homeowner has the right to elevate his
yard up to three feet without a grading permit and without changing
legal "grade", which determines the height of his house. This
principle is appropriate for Tract 15012. The pads are elevated
three feet or less, and heights should be limited to 24 feet average
(29 maximum) above existing original grade. Even with the pad
elevated three feet, this leaves ample height for a gracious home.
(21 feet average, 26 maximum above pad.)
3) Locked gates. None of the surrounding communities Cliff
Haven, Dover Shores, Westgrove, or Harbor Highlands -- have security
gates, yet all are prized and our Mayor and City Manager have
selected them for homes. Locked gates in the middle of this open,
friendly neighborhood would be a jarring note. Such a plan is
entirely inappropriate.
4) Blufftop street. The model for this community should be
Newport Heights. Both are prime residential neighborhoods adjoining
a bluff with spectacular views and a view park. Newport Heights
demonstrates the success of having a street along the top of the
bluff. The public and City vehicles use it for access to the view
park. It buffers the homes from the park. It is not over -used by
the public, nor does it become crowded to the detriment of property
values. A blufftop street will be equally successful at Castaways.
5) Drainage. As pointed out by Public Works, drainage from the
blufftop vicinity should not go over the bluff and cause erosion. It
/6-
#should go back, aw from the bluff. A blufftc&street will be ideal
for this purpose. 'le elevation cross-sectiondRMhich have been
proposed show the grade going down from the houses toward the
blufftop. This will not promote backward drainage. It is wrong.
6) Rodent barrier. Congratulations for the recognition that
the blufftop should be restored and a six-inch berm built along the
edge. Inspection shows that the erosion so evident on the site is
caused by rodents burrowing into the face of the bluff, under the
edge, and allowing rain water from behind the edge to enlarge the
burrows until they become gullies. To prevent this, a ditch should
be dug the length of the berm, and galvanized 4 inch mesh wire screen
should be buried in a vertical position directly under the berm.
7) Watering. The landscaping plan calls for a mixture of
native and exotic plants inside the blufftop walk, and for a watering
system for these plants. Such a system would put water exactly where
it is not wanted --- at the top of a bluff subject to failure.
Recent experience around Upper Newport Bay shows that even when a
licensed geologist has signed off on such a plan, it is not safe.
The bluffs must be protected from ground water.
B) Lighting. The Castaways view park should emphasize natural
beauty, not manicured prettiness. As much as possible, it should
stay in its natural state, without paved walks, watered vegetation,
or night lighting. It has none of these things now, and we love it.
9) Dover-19th corridor. This development is being used in a
attempt to revive the defunct plan to bridge the Santa Ana River at
19th Street, and make an arterial out of 19th Street and .Dover Drive.
This plan is dead, and properly so. Dover should be redesignated on
the Master Plan of Streets and Highways to show it as a four lane
road. The arterial plan would have a devastating effect on homes
along Dover and 19th, and on the environment, as detailed below.
10) Wetlands. In order -to carry out the defunct arterial plan,
it would be necessary to destroy the wetlands where cat -tails grow
alongside Dover Drive. The idea that this could be "mitigated" by
supposed improvement of wetlands elsewhere, is as foolish as saying
that murder can be "mitigated" by enhancing the quality of someone
else's life.
11) Historic road. In support of the defunct arterial plan, it
is suggested that the historic access road to the Castaways needs to
be rebuilt to provide access for City vehicles. The historic road
was sufficient for generations of diners to reach the Castaways
restaurant, to it is sufficient for City vehicles. It, and the
shoulder above Dover Drive that supports it, are part of the City's
historic legacy. It should be repaved, not regraded. It can easily
take access at the bottom from the access road for Resubdivision 972.
(It should be noted that City vehicles can easily take access to the
park from a blufftop street.)
/�
0 0
Planning Commission Meeting November 10, 1994
Agenda Item No.
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: A. Tentative May of Tract No. 15012 (Public Hearing)
7
Request to subdivide 26 acres of land into 119 numbered lots for single
family detached residential development; 1 numbered lot for public park
purposes and 22 lettered lots for public open space, private open space,
private streets and future public street purposes; and the acceptance of an
environmental document.
0
B. Site Plan Review No. 71 (Public Hearin
Request to approve a Site Plan Review for the development of 119 single
family to
dwelling units and 0.8 acres of private open space on
property located in the Upper Castaways Planned Community.
LOCATION: A portion of Lot 2, Tract No. 1125 and a portion of Lot 165, Block 53,
Irvine's Subdivision, located at 900 Dover Drive, on the southeasterly side
of Dover Drive, between West Coast Highway and Westcliff Drive.
ZONE: P-C
APPLICANT: The Irvine Company, Newport Beach
OWNER: Same as applicant
Applications
If approved, the applications 'submitted will allow the subdivision of the Upper Castaways
property for single family residential development. A tentative tract map has been submitted to
provide for the subdivision of the property into 119 residential lots and various parcels for public
park and open space uses, as well as for private open space. Tentative Tract Map procedures are
set forth in Chapter 19.12 of the Newport Beach Municipal Code and the State Subdivision Map
Act. A Site Plan Review approval is also requested as required by the Planned Community
District Regulations, including approval of a portion of the dwellings at a height of 32 feet. Site
# 0
TO: Planning Commission - 2.
Plan Review procedures are contained with the Upper Castaways Planned Community District
Regulations, as well as Section 20,01.070 of the Newport Beach Municipal Code.
Environmental Significance
This project was originally reviewed pursuant to the California Environmental Quality Act
(CEQA) as part of the Program Environmental Impact Report prepared for the Circulation
Improvement and Open Space Agreement (CIOSA).. As provided for by CEQA, the City has
used this Program BIR to provide the basis for an initial study. Through the initial study process,
the City has reviewed the detailed information now available with the subdivision map and site
plan review submittal in order to determine if, based on this new information, the determinations
of the original E1R are still appropriate.
The new initial study has revealed that, with the four new mitigation measures suggested, there
are no new significant environmental effects which cannot be mitigated to a level of insignificance.
Therefore, a Negative Declaration has been prepared for the consideration of the Planning
Commission.
Subject Property and Surrounding Land Use
The subject property is a vacant site on the easterly side of Dover Drive between the Lower
Castaways site and the Westcliff Grove subdivision. The Newport Harbor Lutheran Church, at
the corner of Dover Drive and 16th Street, is surrounded by the site on three sides. To the north
are single family homes in Westcliff Grove and Dover Shores/Westcliff. To the east is Upper
Newport Bay, with the De Anza Bayside Village Mobile Home Park beyond. To the south is the
Lower Castaways site with West Coast Highway beyond. To the west, across Dover Drive, are
commercial, office and church buildings, as well as the residential area of Cliff Haven.
Compliance with the General Plan and the Local Coastal Program, Land Use Plan
The site is designated for Single Family Detached land use in both the General Plan Land Use
Element and the Local Coastal Program, Land Use Plan. The site is allocated a maximum of 151
dwelling units. The proposed development is consistent with this land use designation.
The Circulation Element of the General Plan designates Dover Drive between West Coast
Highway and Westcliff Drive as a Major Arterial, six -lanes, divided, Provision of frontage
improvements to facilitate the implementation of this roadway classification are necessary to
maintain consistency with the General Plan.
Background
The approval of the Circulation Improvement and Open Space Agreement was concluded in June,
1993 with the approval of the California Coastal Commission. The agreement sets forth a
comprehensive program of circulation system funding, open space dedications and land use
entitlement, The Upper Castaways site was part of the agreement, which established the
development areas, dedication areas, and frontage improvement requirements for the project.
0
TO: Planning Commission - 3.
The area for residential development was established at 29 acres, 4.8 acres was set aside for an
active park, and the balance of the site set aside for bluff and view park dedication, and right-of-
way dedications. The frontage improvement obligation was set at $600,000, which is one-half of
the estimated cost of completing Dover Drive to major arterial standards.
A copy of the CIOSA Agreement is attached for the information of the Planning Commission.
Analysis
Tentative Tract Map No. 15012. The design of the subdivision is generally consistent with the
CIOSA Agreement and the City's subdivision requirements. The most significant point of
departure is the design of the subdivision adjacent to Dover Drive.
Dover Drive Setback. The P-C Text (an attachment to the Agreement) requires a 35 foot setback
from the ultimate right-of-way line to the property line. The map submitted shows a 15 foot
setback, with the buildings conforming to the 35 foot setback.
It has been noted that there is a discrepancy in the defined setback for the residential development
from Dover Drive. Constraints maps included in the CIOSA Agreement Addendum describe this
setback as a "building setback." The Agreement also states that if conflicts occur, the language of
the addendum shall govern.
The addendum includes provisions regarding the alteration of the "maximum extent of grading for
non-public uses" shown on the constraints map. It is the interpretation of The Irvine Company
that because the constraints map references the 35 foot setback as a building setback, that the P-C
Text has effectively been changed. However, the addendum itself also states that alteration of
the maximum extent of grading can occur only if "City of Newport Beach setback requirements
are met." Therefore, the language of the addendum specifically incorporates the setback
requirements of the Planned Community District Regulations. As a result, the residential lot lines
along Dover Drive should be required to conform to the 35 foot setback. A condition setting
forth this requirement is included in the suggested Findings and Conditions.
The Public Works Department is suggesting a number of conditions which warrant additional
discussion. Each is discussed individually below:
1. Slope Repair (TTM Condition 16). A condition has been included requiring the applicant to
repair the severely eroded sections of the bluff face in the view park area prior to dedication.
While the CIOSA does not require The Irvine Company to make actual park improvements, it
is the position of staff that the City should not be required to accept slopes which are in a
deteriorated condition due to inadequate and deferred maintenance by the property owner.
The City will, upon acceptance of the dedication, assume all long term maintenance
responsibility as well as liability. The slopes should, therefore, be delivered to the City with
the deferred maintenance conditions corrected.
2. Trail Width (TTM Condition 13). The Irvine Company is proposing to construct a portion of
the bluff top pedestrian/bicycle trail adjacent to the development area. The width of trail
shown on the plans is 8 feet. In order to adequately serve the expected uses of the trail, 12
feet will be required. The trail will serve, not only as a pedestrian trail, but also a bicycle trail.
Combination trails require 12 feet to comply with State design standards. Additionally, the
trail will be the only accessway for Fire Department rescue vehicles, Police units and General
Services maintenance vehicles. A condition is included setting forth this requirement.
0
TO: Planning Commission - 4.
3. Trail Connections(TTM Conditions 13 & 19). Primary access to the view park is proposed
via a reconstructed road from a new intersection at CliffDrive on Dover. Direct access to the
view park will not exist from 16th Street. Since access from 16th Street is precluded due to
the design of the subdivision, the trail connection to the new accessway should be provided.
A condition is included setting forth this requirement.
4. Cliff Drive Signal (TTM Condition 20). As previously stated, the design of the subdivision
precludes access to the view park from 16th Street. That intersection would have provided
primary, signalized access to the view park,+ as it provides access to the site today.
Replacement of this signalized access at Cliff Drive is required to accommodate the design of
the subdivision, and is considered to be a frontage improvement. It should be noted that The
Irvine Company has already committed to fund 50% of this signal as part of the Castaways
Marina approval. The City has already budgeted for the remaining 50%. This condition will
not alter the obligations of The Irvine Company, but could affect the timing of signal
installation.
Frontage Improvements (TTM Conditions 21 & 22). In addition to right -of --way dedication
and grading, a minimum amount of improvements have been identified to address existing
system improvement needs. These include extending the third northbound lane on Dover
Drive through the new intersection at Cliff Drive, improvement to sight distance as Dover
Drive curves to the northeast, and the creation of a nght turn lane for Westcliff Drive as it
enters Dover Shores/Westcliff.
6. Master Plan Water Line Installation (TTM Conditions 27 & 28). A condition of approval has
been included requiring the installation of a 12 inch water line connection between existing 12
inch lines at Polaris Drive and Dover Drive at 16th Street. This utility is part of the City's
Water Master Plan and is required to provide adequate water circulation and looping. The
City has imposed similar requirements in other subdivisions (example: Belcourt).
Street Names, The City's Subdivision Code requires the Planning Commission to review and
approve of the street names for the subdivision. The recent changes to processing procedures for
tract maps (omitting Planning Commission review of Final Maps) requires that this issue be
addressed at the Tentative Map stage. The Irvine Company has submitted the following street
names for the consideration of the Commission:
Street Name
A Castaway Drive
B Castaway North
C Castaway South
D Cape Windsor
E Cape Danbury
F Cape Woodbury
These names have been reviewed by the Fire Department, and there are no problems with these
names as proposed.
Site Plan Review No. 71. A site plan review requirement was established in the Upper
Castaways Planned Community District Regulations in order to ensure that the development
would not preclude the implementation of General Plan objectives and policies as well as
preventing development characterized by inadequate and poorly planned landscaping, excessive
building bulk, ina propriate placement of structures and failure to preserve, where feasible,
natural landscape features.
0
TO: Planning Commission - 5.
The Planned Community District Regulations also allow the construction of residential structures
to a maximum height of 32 feet if approved through the Site Plan Review process. The applicant
has requested that 2 of the eight elevations exceed the 24 foot average height (29 foot maximum)
to the 32 foot maximum height limit.
The Planned Community District Regulation set forth the standards for approval of the Site Plan
Review. Each is discussed below:
I.
Sites subject to Site Plan Review under the provisions of this section shall be graded and
developed with due regard for the aesthetic qualities of the natural terrain, Back Bay, and
landscape, giving r nsideratrot: to waterfront resources and unique landforms such as
coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed
The grading plan and design of the subdivision is similar to that which was originally
envisioned as part of the approval of the CIOSA Agreement, except that the shift to a
detached residential product has resulted in a lesser elevation differential between the
development area and the park area than anticipated. This has resulted in a more sensitive
treatment of the interface between public and private areas. Additionally, selective removal
and replacement of diseased trees in the remnant windrow in the center of the property has
been incorporated into the landscape plan. These facts, in association with compliance with
the bluff restoration condition of approval previously discussed in the staff report results in
compliance with this standard.
2: No structures shall be permitted in areas of potential geologic hazard unless specific
mitigation measures are adopted which will reduce adverse impacts to an acceptable level or
the Planning Commission or City Council, on review or appeal, finds that the benefits
outweigh the adverse impacts
Mitigation measures have been incorporated into the project via the original certified program
EIR ensuring compliance with this requirement.
3. Residential development shall be permitted in areas subject to noise levels greater than 65
CNEL only where specific mitigation measures will reduce noise levels in exterior areas to
less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less.
Mitigation measures have been incorporated into the project via the original certified program
EIR ensuring compliance with this requirement.
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and
other site features shall give proper consideration to functional aspects of development.
The site plan has been reviewed by City departments and the plan, with the suggested
conditions of approval and the mitigation measures incorporated during environmental review
ensures compliance with this standard.
5. Development shall be consistent with specific General Plan policies and objectives, the
adopted Circulation Improvement and Open Space Agreement, and shall not preclude the
implementation of those policies and objectives.
The site plan has been reviewed by City departments and the plan, with the suggested
conditions of approval and the mitigation measures incorporated during environmental review
ensures compliance with this standard.
0
TO: Planning Commission - 6.
6. Development shall be physically compatible with the development site, taking into
consideration site characteristics including, but not limited to, slopes and sensitive
resources.
The single family subdivision proposed is physically compatible with the site, and it in keeping
with surrounding development. The proposal to include a pportion of the buildings at the 32
foot height limit is balance against the fact that the grading plan proposed does not use the full
elevation differential allowed by the Planned Ccmmumty District Regulations. Staff has
suggested a condition for approval of the site plan review limiting the number of 32 foot high
building to 50 X of the units.
7. Archeological and historical resources shall be protected to the extent feasible or
appropriate mitigation measures shall be implemented
Mitigation measures have been incorporated into the project via the original certified program
EIR ensuring compliance with this requirement.
Conclusion and Snecific Recommendation
Section 19.12.070 (D) of the Municipal Code provides that in, order to approve a subdivision, the
Planning Commission shall determine that it is satisfied with the plan of subdivision, that the map
is in conformity with the requirements of Title 19, all ordinances of the City and all applicable
general and specific plans. Should the Planning Commission wish to approve this application, the
findings and conditions of approval set forth in the attached Exhibit "A" are suggested.
In accordance with Section 66474 of the Subdivision Map Act, a legislative body of a city or
county shall deny approval of a tentative map, or a parcel map for which a tentative map was not
required, if it makes any of the following findings:
(a) That the proposed map is not consistent with applicable and general and specific plans.
(b) That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
(c) That the site is not physically suitable for the type of development.
(d) That the site is not physically suitable for the density of development.
(e) That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildfife or
their habitat.
(f) That the design of the subdivision or type of improvements is likely to cause serious
public health problems.
(g) That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision.
In order to approve the Site Plan Review, the Planning Commission must determine that the
project is in compliance with the standards described in the Staff report.
TO: Planning Commission - 8.
EXHIBIT "A"
FINDINGS AND CONDITIONS FOR APPROVAL
ENVIRONMENTAL DOCUMENT
TENTATIVE MAP OF TRACT NO. 15012
SITE PLAN REVIEW NO.71
A. Environmental Document
Findings:
1. That CEQA allows a program EIR to be used to simplify the task of preparing environmental
documents on later parts of the program. Among several uses the program EIR can provide
the basis in an Initial Study for determining whether the later activity may have significant
effects (CEQA Guidelines, section 15168, subd.(d).)
2. CEQA further allows that a negative declaration may be issued in reliance upon an existing
EIR prepared for an earlier project, if the project for which the negative declaration is
prepared will not cause any significant effects or in the case of a mitigated negative
declaration no effects which cannot be eliminated or reduced to a level of insignificance.
(Guidelines, section 15070. subd.(b) and 15153, subd.(c).)
3. The Initial Study analyzed the proposed site plan and tentative map for the Upper Castaways
residential development based on information contained in the previously certified 1992 Final
CIOSA Program EIR and any new information which has become available regarding the
project,
4. The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to
be valid and appropriate for use in evaluating the current proposal. The Initial Study has
found that there are no new potential significant adverse impacts which cannot be eliminated
or mitigated to a level of insignificance.
Mitigation Measures:
That all mitigation measures applicable to the project set forth in Final Environmental Impact
Report No. 148 be complied with as set forth in the approved mitigation monitoring program.
2. Prior to issuance of a grading permit or commencement of grading, whichever comes first, the
City or applicant (whoever is responsible for grading and construction of the access road),
shall prepare a detailed landscape plan for review and approval by the City of Newport Beach
Planning, Public Works, and General Services Departments. This plan shall provide for both
interim and permanent landscaping which will prevent erosion, soften the visual impact of the
grading, and be consistent with surrounding vegetation within the future view park. The use
of native and drought -tolerant vegetation shall predominate.
0 0
TO: Planning Commission - 7.
It is staffs opinion that none of the above findings regarding the tentative tract map may
reasonably be made in this case. Additionally, this entitlement is the subject of the CIOSA
Agreement, and the commitment of the site for residential and open space uses has already been
made. Therefore, no findings for denial has been prepared.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By ' Patricia L. Temple
Advance Planning Manager
Attachments:
1. Exhibit "A"
2. Negative Declaration
3. CIOSA Agreement
4. Tentative Tract Map
5. Site Plan, Floor Plans, and Elevations
PLT:..WLAMINO\PATTY-TTMPRUTM15012.DOC
TO: Planning Commission - 9.
3. Graded slopes shall vary in steepness with the majority of slopes at a steepness of 3:1.
4. At the time park facility plans are prepared by the City for the future view park, a lighting plan
shall be prepared and evaluated for the access road. Lighting shall be only the minimum
necessary to provide safe access for use of the road during standard hours of operation for the
park. If provided, lighting shall be designed to eliminate any light spillage past the edge of the
property along Dover Drive.
5. The City of Newport Beach shall provide adequate parking for the future view park area on
Upper Castaways. A specific parking plan shall be prepared concurrent with preparation of
park facility plans for the view park. Parking shall be convenient to either trail access or the
paved access road.
Tentative Map of Tract No. 15012:
Findings:
1. That the design of the subdivision improvements will not conflict with any easements acquired
by the public at large for access through or use of property within the proposed subdivision.
2. That public improvements may be required of a developer per Section 19.08.020 of the
Municipal Code and Section 66415 of the Subdivision Map Act.
3. That grading and drainage improvements are required along the bluff top trail in order to
prevent continued erosion of the natural bluffs.
4. That the access drive is required at Dover Drive and Cliff Drive for maintenance, emergency
rescue and police patrol access to the bluff top area to replace the access lost from 16th
Street. The grading for frontage improvements along the Dover Drive frontage provides
required sight distance.
5. That a traffic signal is needed at Dover Drive and Cliff Drive due to the increase in vehicular
traffic and pedestrian crossing activity.
6. That Resubdivision No. 972 provides access to Lower Castaway across a portion of Tentative
Tract No. 15012 and that Tentative Tract No. 15012 is required to be consistent with a
currently approved map.
Conditions:
1. That the Tentative Tract Map be revised to delete the area from the tentative map that is
proposed as the access road for the Lower Castaways site in conformance with Resubdivision
No. 972, currently being processed; that an accompanying construction easement for
constructing the future access road be provided; and that an easement for ingress and egress
TO: Planning Commission - 10.
be provided across the future Lower Castaways access road for the park access road to be
constructed with the proposed tract.
2. That a final map be recorded. That the final map be prepared so that the Bearings relate to
the State Plane Coordinate System. The final map shall be prepared on the California
coordinate system (NAD83) and that prior to recordation of the final map, the
surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file
of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to
recordation of the final map, the surveyor/engineer preparing the map shall tie the boundary of
the map into the Horizontal Control System established by the County Surveyor in a manner
described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and
Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag)
shall be set On Each, Lot Corner unless otherwise approved by the Subdivision Engineer.
Monuments shall be protected in place if installed prior to completion of construction project.
3. That all improvements be constructed as required by Ordinance and the Public Works
Department,
4. That a standard subdivision agreement and accompanying surety be provided in order to
guarantee satisfactory completion of the Public improvements if it is desired to record a tract
map or obtain a building permit prior to completion of the public improvements.
5. That each dwelling unit be served with an individual water service and sewer lateral
connection to the public water and sewer systems unless otherwise approved by the Public
Works Department and the Building Department.
6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to
further review by the Traffic Engineer and the Fire Department.
7. That the design of the private streets and drives conform with the City's Private Street Policy
(L-4), except as approved by the Public Works and Fire Departments. The basic roadway
width shall be a minimum of 32 feet parking one side and 36 feet parking both sides. The
location, width, configuration, and concept of the private street and drive systems shall be
subject to further review and approval by the City Traffic Engineer and Fire Department.
8. That the intersection of the private streets and drives be designed to provide sight distance for
a local street in conformance with City standard 110-L, Slopes, landscape, walls and other
obstruction shall be considered in the sight distance requirements. Landscaping within the
sight line shall not exceed twenty-four inches in height. The sight distance requirement may
be modified at non -critical locations, subject to approval of the Traffic Engineer.
9. That the California Vehicle Code be enforced on the private streets and drives, and that all
traffic control devices shall be shown on a plan approved by the Public Works Department.
TO: Planning Commission - 11.
10. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior
to the gate. The design of the controlled entrance shall be reviewed and approved by the
Public Works, Fire and Police Departments.
11. That easements for public emergency and security ingress, egress and public utility purposes
on all private streets be dedicated to the City and that all easements be shown on the tract map
unless otherwise approved by the Public Works Department.
12. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes,
and junction structure locations, with width to be approved by the Public Works Department.
13. That a 12 foot wide bluff top trail shall be constructed with a connection on the north at
Grove Lane and a connection on the south at Dover Drive. The trail shall be structurally
designed to handle maintenance and emergency vehicular traffic. The Trail shall be located a
minimum of 15 feet from the top of proposed slope. The design of the trail shall include
lighting and be approved by the Public Works Department, General Services Department,
Utilities Department, Fire Department, Police Department and the Community Services
Department.
14. The bluff top open space area shall be designed to convey the drainage away from the top of
slope to be picked up by the private storm drain system to be maintained by the association.
All landscaping inland of the bluff top trail shall be planted and maintained by the
developer/association. An agreement shall be required for maintenance of the landscape and
drainage system and approved as to form by the City Attorney's office.
15. That the heavily eroded areas with near vertical faces along the bluff top shall be repaired and
all drainage directed away from the bluff top edge. The locations to be repaired shall be
reviewed and approved by the City.
16. That prior to the developer dedicating the View Park, Lot "U", to the City, all heavily eroded
areas with near vertical faces along the bluff top shall be repaired and all drainage directed
away from the bluff top edge. The property must be put in a safe condition prior to the City's
acceptance of the park site.
17. That a bus turnout and shelter pad be constructed on Dover Drive just north of 16th Street as
approved by the Public Works Department and the Orange County Transit Authority.
18. That the active park site, proposed Lot 120, be graded at 2% with site drainage conveyed to
the storm drain system unless otherwise approved by the Public Works Department. Erosion
control shall be provided on the site as required by the City Grading Engineer.
19. That a 24 foot wide access road be constructed in the -proposed Open Space Lot "U" from the
intersection of Dover Drive and Cliff Drive along the alignment of the old Castaways Road
and connect to the bluff top trail. The emergency access road shall be a maximum 8% grade
with a turn around. The road shall be designed to accommodate heavy vehicles and Fire
TO: Planning Commission -12.
Department apparatus. The design is to be approved by the Public Works Department. That
the design and grades of the emergency access road be compatible with the proposed grades
for the proposed Lower Castaways access road, and that they meet ADA access standards.
20. That the developer contribute 50% of the cost of installing a traffic signal at the intersection of
Dover Drive and Cliff Drive prior to the occupancy of the first housing unit within the
proposed tract development.
21. That frontage improvements be constructed on Dover Drive between Cliff Drive and 16th
Street to provide 3 lanes in each direction at Cliff Drive tapering to 2 lanes in each direction at
16th Street. These improvements shall be completed prior to occupancy of the first residential
unit.
22. That frontage improvements be constructed on Dover Drive at Westcliff Drive to provide a
north bound through lane and a right turn lane. These improvements shall be completed prior
to occupancy of the first residential unit.
23. That construction access to the development be from 16th Street and that the last 100' of haul
road adjacent to 16th Street shall be paved with asphalt with another 100' of aggregate
adjacent to the asphalt to clean truck tires unless an alternate plan is approved by the Public
Works Department. A plan for cleaning the trucks must be approved by the Traffic Engineer.
24. That street, drainage and utility improvements be shown of standard improvement plans
prepared by a licensed civil engineer.
25. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public
Works Department, along with a master plan of water, sewer and storm drain facilities for the
on -site improvements prior to recording of the tract map. Any modifications or extensions to
the existing storm drain, water and sewer systems shown to be required by the study shall be
the responsibility of the developer. The condition includes all areas covered by the subdivision
map.
26. That an easement for water purposes be dedicated across lot "N" and a water main
constructed between Street "D" and the Dover Drive at Cliff Drive intersection with a fire
hydrant connection as approved by the Utilities, Fire and Public Works Departments.
27. That a 12" diameter water main be constructed between 16th Street and Polaris Drive and
connect to the existing 12" lines in 16th Street and Polaris Drive. That the proposed 10' wide
easement through lot "0" be relocated westerly of Lot "0" in order to align with the 12"
water main in Polaris Drive.
28, That the easterly property line of Lot 38 be moved westerly 15' in order to provide an
adequate easement for the proposed 12" water main unless otherwise approved by the Public
Works Department.
TO: Planning Commission - 13.
29. That storm drain facilities designed to empty into the Polaris Storm Drain System shall be
approved by the Orange County EMA prior to issuance of any grading or building permits.
30. That prior to issuance of any grading or building permits for the site, the applicant shall
demonstrate to the satisfaction of the Public Works Department and the Planning Department
that adequate sewer facilities will be available for the project. Such demonstration shall
include verification from the Orange County Sanitation District and the City's Utilities
Department.
31. That an additional 28 feet of right-of-way be dedicated to the public for street and highway
purposes along the Dover Drive frontage in order to provide a minimum of 128 feet of right-
of-way. That the 28 foot width be graded to future curb grade along the entire length of the
Dover Drive frontage with a 2% cross fall at the time of the proposed tract grading, and that a
10 foot wide concrete sidewalk be constructed along the tract frontage between Westcliff
Drive and Cliff Drive.
32. That County Sanitation District fees be paid prior to issuance of any building permits.
33. That the Public Works Department plan check and' inspection fee be paid.
34. Disruption caused by construction work along roadways and by movement of construction
vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic
control and transportation of equipment and materials shall be conducted in accordance with
state and local requirements. A traffic control plan shall be reviewed and approved by the
Public Works Department. There shall be no construction storage or delivery of materials
within the Dover Drive right-of-way.
35. That a fire protection system acceptable to the Fire Department be installed by the developer
and tested by the Fire Department prior to storage of any combustible materials or start of any
structural framing.
36. That the Coastal Bluff property line Setback from the edge of the bluff shall be located no
closer to the edge of the bluff than the point at which the top of the bluff is intersected by a
line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. In no
case shall a property line be located closer than forty (40) feet from the edge of a bluff or any
eroded area of the bluff unless the area is restored.
37. That utility and private access easements be dedicated and improved between Dover Drive
and "F" Street and between Polaris Drive and "C" Street. The improvements shall be
reviewed and approved by the Public Works Department.
38. That the landscape plans shall be subject to the review of the Public Works, 'Police and
General Services Departments and any landscaping adjacent to or within the view trails and
parks shall be subject to review by the Community Services Department.
TO: Planning Commission - 14.
39. That 16th Street be restriped to provide clear ingress and egress to the site.
40. That all above grade utility enclosures shall be located in such a manner as to provide a
minimum 4'0" clear width sidewalk on private streets and 8'0" width on public streets.
41, That the slopes adjacent to the tract located in the park sites have a maximum slope of 4 to 1
unless otherwise approved by the Public Works Department,
42. That the subdivision be redesigned along Dover Drive to comply with the 35 foot property
line setback as set forth in the Planned Community District Regulations.
43. Prior to the issuance of grading permits, detailed plans and recommendations for repair of the
existing bluff top erosional features shall be provided for the review and approval of the City
Grading Engineer,
44. An increase in the rate of groundwater recharge related to the proposed development and
related irrigation systems may adversely affect bluff stability and increase the current rate of
bluff retreat. Plans and recommendations mitigating these effects shall be reviewed and
approved by the City Grading Engineer prior to issuance of any grading permits.
45. Minimum fire flow requirement is 1000 gpm at 20 psi residual pressure.
46. The location of all fire hydrants shall be reviewed and approved by the Fire Department. A
hydrant shall be provided in the view park in the vicinity of the access road.
Site Plan Review No. 71:
Findings:
1. That the development of Upper Castaways will not preclude implementation of specific
General Plan objectives and policies if in accordance with the plans as modified by the
condition for approval.
2. That the value of the property is protected by preventing development characterized by
inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement
of structures and failure to preserve where feasible natural landscape features.
Conditions:
That development shall be in substantial conformance with the approved grading plan, site
plan, floor plans and elevations, except as modified in the following conditions and those
imposed on the Tentative Tract Map.
(411Y OF NEEWPORT BEA*
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92659-1768 - (714) 644.322S
NEGATIVE DECLARATION
To:
From: City of Newport Beach
Office of Planning and Research
Planning Department
XX 1400 Tenth Street, Room 121
CA 95814
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92659-1768
Sacramento
(Orange County)
County Clerk, County of Orange
_
Public Services Division
XX
Date received for filing at OPR:
P.O. Box 838
Santa Ana, CA 92702
Public review period
.x �..0 .._. .
o ttohar 2, 1994 - Nnyarihpr 7_ 1Q94
Nmne of Project. Upper Castaways
(711 15012)
Project Location: Dover Drive/16th
Street, Newport Beach
Subdivision map
and site plan review for 119 single-family detached
Project Description: units on lots
averaging 5,775 sq.ft.
Finding: Pursuant to the provisions of City Council
Policy K-3 pertaining to procedures and guidelines to implement the
and
California Environmental Quality Act, the Environmental
have
Affairs Committee has evaluated the proposed project
a significant effect on the environment.
determined that the proposed project will not
A copy of the Initial Study containing the analysis
supporting this finding is attached. The Initial Study may include
mitigation measures that would eliminate or reduce
potential environmental impacts. This document will be considered
by the decision -makers) prior to final action on.the
proposed project. If a public hearing will be held to consider this
project, a notice of the time and location is attached.
If you wish to appeal the appropriateness or adequacy
of this document, your comments should be submitted in writing
impacts
prior to the close of the public review period. Your
comments should specifically identify what environmental you
believe be
believe would result from the project, why they are
significant, and what mitigation measures you should adopted
to eliminate or reduce these impacts. There is no
fee for this appeal. ifa public hearing will be held, you are also invited
to attend and testify as to the appropriateness of
this document.
If you have any questions or would like further information,
please contact the undersigned.
T/AAO) •�(
/.( /w /IJ
I
Date (�� i� /99y
%W11,1r1GL Pldn4li 7 ��lana9�
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TO: Planning Commission - 15.
2. That a minimum of two parking spaces per dwelling unit be provided, plus two guest parking
spaces per unit. Of the guest spaces, a minimum of one per unit shall be provided on -street or
in commonly accessible parking bays.
3. That a minimum of 50% of the dwelling units shall comply with the 24 foot height limit as
defined in the Newport Beach Municipal Code. A maximum of 50% of the dwelling units
may exceed this height to the maximum 32 foot limit provided for the PC Text.
4. That the lots along Dover Drive shall conform to the 35 foot property line setback from the
ultimate right-of-way line as set forth in the PC Text.
5. Landscape plans for common areas and individual lots shall incorporate automatic irrigation
systems equipped with an override keyed to continuous moisture measurement devices unless
otherwise approved by the City Grading Engineer.
6. That this site plan review shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.01.070 K of the Newport Beach Municipal Code.
0 6
INITIAL STUDY
UPPER CASTAWAYS
INTRODUCTION
Title of Proposal: Upper Castaways
Date Checklist Submitted: 10/4/94 (draft)
Project Applicant: California Pacific Homes
Agency Requiring Checklist: City of Newport Beach
Agency Address: P:O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
Agency Contact: Patricia Temple, Advance Planning Administrator
(714) 644-3225
Project Location: City of Newport Beach, County of Orange, California
Project Address: The Upper Castaways site is bounded by Dover Drive and an
existing church on the west, existing residential single family homes
to the north, Upper Newport Bay to the east and the future Lower
Castaways Marina, site and Coast Highway to the south.
Description of Project: The applicants are seeking approval of a site plan review and
approval of a tentative subdivision map for construction of 119
single family detached residential units and 0.8 acres of private open
space on 26 acres pursuant to the Planned Community District
Regulations adopted in 1992.
The site plan depicts 119 single family detached units on lots averaging about 5,775 square feet.
The residential units are expected to range in size from approximately 2,100 square feet to 3,500
square feet. The development is proposed as a fenced, gated community with private streets.
/%
r
INITIAL STUDY
UPPER CASTAWAYS
ENVIRONMENTAL CHECKLIST AND EVALUATION
I. PROJECT HISTORYIPREVIOUS ENVIRONMENTAL DOCUMENTATION
In 1992, the Circulation Improvement and Open Space Agreement (CIOSA Agreement) was
approved by the Newport Beach City Council, The CIOSA Agreement vested entitlement for i 1
sites consistent with the General Plan and in conformance with provisions of the Traffic Phasing
Ordinance. The Agreement identified 152 acres of open space to be dedicated by The Irvine
Company in fee to the City. The Agreement established the commitment and timing for certain
circulation improvements and funding.
The Upper Castaways site was included in the CIOSA Agreement. The CIOSA Agreement
provides for entitlement of 151 residential units on 26 acres of the Upper Castaways site.
Concurrent with review and approval of the CIOSA Agreement, the City of Newport Beach also
reviewed and adopted Planned Community District Regulations for the Upper Castaways site.
The Planned Community District Regulations allow for 151 residential units on 26 acres.
Permitted residential uses are townhouse, condominium. and single-family detached units.
A Program EIR was prepared in 1992 which addressed the potential impacts of implementing the
CIOSA agreement which included development of the Upper Castaways site. The Newport
Beach City Council certified the Final Program EIR (State Clearinghouse Number # 91041017)
on August 24, 1992, On September 14, 1992, the CIOSA Agreement, associated Planned
Community District Regulations, and other related actions were approved. With these approvals
the City Council also adopted a Statement of Findings and Facts and a Mitigation Monitoring
Program. These documents are on file for public review during normal business hours at the City
of Newport Beach Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach,
CA 92663.
Subsequent to the City's approval, The Irvine Company and the City requested approval of the
Agreement and related amendments to the Local Coastal Program, Land Use Plan by the
California Coastal Commission. This approval was granted on June 10,1994.
The project applicant is now seeking approval of site plan review and a tentative tract map for a
residential development comprised of 119 single family detached units. The project is described in
the following section.
PROJECT LOCATION
The Upper Castaways project site is located in the City of Newport Beach, Orange County,
California. Exhibit 1 is a map depicting the location of the site.
2 le
The Upper Castaways site is bounded by Dover Drive and an existing church on the west, existing
residential single-family homes to the north, Upper Newport Bay to the east, and the future
Lower Castaways Marina and Coast highway to the south. The residential portion of the site
totals 26 acres and is located in the northern portion of the site.
/9
VICINITY MAP
Castaways Site
cl
BAL
0
PROJECT CHARACTERISTICS
Residential
The applicants are seeking site plan review and approval of a tentative subdivision map for
construction of 119 single family detached residential units and 0.8 acres of private open space on
26 acres pursuant to the Upper Castaways Planned Community District Regulations adopted in
1992.
The concept site plan is provided in Exhibit 2. The site plan depicts 119 single family detached
units on lots averaging about 5,775 square feet. The residential units are expected to range in size
from 2,100 square feet to 3,500 square feet. The development is proposed as a fenced, gated
community with private streets. A public trail system is proposed to extend from a point near
Polaris Drive along the public bluff top setback area where the trail will continue to the boundary
with the future adjacent view park. Future development of the view park by the City of Newport
Beach will provide for a continuation of the public trail throughout the view park.
Landscaping is proposed along Dover Drive, at the entrance, and along the edge of the project
facing Upper Newport Bay. The landscape concept plan is provided in Exhibit 3. In addition to
depicting the landscape concept for interior streets, perimeter landscaping, and the entrance
landscape areas, the landscape concept plan also illustrates the design of a proposed public trail
system along the bluff edge. The landscape materials to be used along the bluff include native and
drought -tolerant vegetation.
Exhibit 4 provides the preliminary grading plan for the residential portion of the site. The
preliminary grading plan also identifies grading necessary for constructing the public trail system
within the bluff top set back area as described in this section. Bluff top restoration will occur in
five locations along the top of the bluff. Grading will be limited to that necessary to restore the
natural line of the bluff and to discourage future, .continued erosion. No grading down the bluff
face is proposed as part of the development of the residential or trail uses. Grading for residential
and trail uses is expected to balance on site.
Additional specific site/facility plans for other uses planned for adjacent areas within the Upper
Castaways site are not proposed at this time. At a later date, these areas will be designed and
developed by the City of Newport Beach for public use as a view park and an active park.
View Park Access Road
A separate, but related, project from the Upper Castaways residential project, is the future
widening of Dover Drive from Coast Highway to Westcliff Drive. The widening of Dover Drive
is not needed due to the traffic generated by the project but is a frontage improvement required by
and addressed in the CIOSA Agreement and previous EIR. A portion of that widening project is
required for the purpose of improving sight distance conditions in the general vicinity of the curve
at Cliff Drive and also benefits the City. The City has not yet prepared specific grading plans for
this project, but preliminary concept plans indicate that the future widening will encroach into the
a/
slope along Dover Drive. This will result in removing an existing dirt access road that leads from
Dover Drive up to the top of the bluff within the future view park area. This road currently
provides emergency vehicle access to the blufftop.
The City and the applicant have been working on a solution to provide adequate emergency and
public access to the future view park area once the existing dirt access road is removed by the
Dover Drive widening project and the northern portion of the Upper Castaways site is developed
for residential uses. The need for adequate access will be even more important once there is
increased public use of the future view park area.
The applicant is constructing the public bluff top trail from Polaris Drive to the edge of the
development boundary and the future view park to provide public access to the future view park.
The City of Newport Beach Planning and Public Works Departments believe that an additional
access point is necessary from Dover Drive to provide a full range of emergency and public access
to the future view park and bluff area.
To meet this need, the applicant has proposed a 24 foot wide paved access road constructed on
an 8% grade. The access road would extend from the intersection of Cliff Drive and Dover Drive
running generally parallel to Dover Drive up to the higher, level top of the future view park.
About 35,500 cubic yards of excavation will be required. The steepness of graded slopes would
vary from between 2:1 and 3:1 ratio, with 3:1 slopes predominating. The use of primarily 3:1
slopes is proposed to soften the visual impact of graded slopes along Dover Drive.
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M. ENVIRONMENTAL EVALUATION
PREVIOUS ENVIRONMENTAL DOCUMENTATION/INCORPORATION BY REFERENCE
As discussed in Section I, Project History/Previous Environmental Documentation, a Final
Program EIR was prepared and certified in 1992, which addressed the potential impacts of
implementing the CIOSA Agreement, which included vesting entitlement on the Upper Castaways
site. The 1992 Final CIOSA Program EIR also considered potential impacts associated with
adoption of Planned Community District Regulations for the Upper Castaways site. The 1992
Final CIOSA Program EIR (SCH # 91041017) also analyzed the potential impacts of developing
the Upper Castaways site based on the level of detail available in the Planned Community District
Regulations and the CIOSA Agreement. The project applicant is now seeking approval of site
plan review and a tentative tract map pursuant to the requirement of the CIOSA Agreement and
adopted Planned Community District Regulations.
CEQA allows a program EIR to be used to simplify the task of preparing environmental
documents on later parts of the program. The program EIR can:
Provide the basis in an Initial Study for determining whether the later activity may have
significant effects;
Be incorporated by reference to deal with regional influences, secondary effects, cumulative
impacts, broad alternatives, and other factors that apply to the program as a whole;
Focus an EIR on a subsequent project to permit discussion solely of new effects which had
not been considered before.
(CEQA Guidelines, Section 15168, subd.(c).)
CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR
prepared for an earlier project, if the project for which the negative declaration is prepared will
not cause any significant effects or, in the case of a mitigated negative declaration, no additional
effects are identified which cannot be eliminated or reduced to a level of insignificance.
(Guidelines, Section 15070. subd.(b) and 15153, subd.(c).)
A program EIR specifically can be used for subsequent activities related to the project for which it
was certified. If these activities have effects which were not examined in the program EM a new
Initial Study should be prepared, leading to either an EIR or a Negative Declaration (Guidelines,
Section 15168, subd. (c)(1)).
This Initial Study incorporates by reference all portions of the Final Program EIR which apply to
development of the Upper Castaways site and related improvements. Each environmental issue
section below provides a reference to section(s) of Final Program EIR which pertain to the issue
being analyzed. Where practical, a brief summary of the incorporated information is provided.
The Final Program EIR is available for public review during normal business hours at the City of
10 a(�
0 0
Newport Beach Planning Department at the address provided in Section I above.
The following environmental evaluation focuses on determining whether there are any new
impacts of the current proposed project which were not considered in the previous 1992 Final
Program EM Where any new impacts are identified, either changes in the project and/or
additional mitigation measures are proposed where necessary to reduce any new impacts to a level
of insignificance. Previously adopted mitigation measures were also reviewed as necessary to
determine if any modifications are necessary as a result of more detailed information regarding the
proposed project and its potential impacts.
LAND USE
rill this subsequent activity result in any impacts not identified lit the certified Program EIR
prepared for the project, in the following areas.
Yes Maybe No
a) Substantial alteration of the present or planned land use
of an area? ❑ ❑ 'Q
Environmental Evaluation - 1992 Final CIOSA Program E1R
The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to
Land Use. This discussion is found on pages 48 to 87 of Volume I of the 1992 Final CIOSA
Program EIR. The criteria used in the evaluation of impacts are stated on page 69, Volume I of
the 1992 Final CIOSA Program EM
The 1992 Final CIOSA Program EIR concluded that development on the Upper Castaways site
pursuant to entitlements provided in the CIOSA Agreement:
• Will not result in a substantial alteration of the planned land use of an area.
• Will not conflict with the City of Newport Beach General Plan and Zoning Ordinance.
• Will not disrupt or divide the physical arrangement of the City of Newport Beach.
• Will not impact agricultural land.
During the public hearing for the draft CIOSA Program EIR comments were raised by members
of the Newport Harbor Lutheran Church which Is located adjacent to the project site at the
southeast comer of 16th Street and Dover Drive. These comments raised questions over the
possible layout and proximity of homes adjacent to the church property and concern that there
could be potential land use conflicts. As a result, Mitigation Measure 80 was added requiring that
the applicant consult with the Newport Harbor Lutheran Church regarding the design of the
residential development and to address specific site design issues (see attached list of mitigation
measures).
II a7
Environmental Evaluation - TJpner Castaways Site Plan and Tentative Tract Ma»
The proposed residential project is in conformance with the land use entitlements provided by the
CIOSA Agreement. The proposed project is consistent with the assumptions used in the 1992
Final CIOSA Program EIR. The site plan and tentative tract map are consistent with the
provisions of the Planned Community District Regulations and the CIOSA Agreement and
Addendum. The 119 single family detached homes are a permitted use under the District
Regulations, Agreement, and General Plan. The proposed site plan meets all height and setback
requirements. The site plan identifies a property line setback from the edge of the bluff which
meets the requirements of the City of Newport Beach Bluff Top Set Back Ordinance.
It has been noted that there is a discrepancy in the defined setback for the residential development
from Dover Drive. The Planned Community District Regulations require a property line setback
of 35 feet from the ultimate right-of-way. Constraints maps included in the CIOSA Agreement
Addendum describe this setback as a "building setback." The Agreement also states that if
conflicts occur, the language of the addendum shall govern.
The addendum includes language regarding the alteration of the "maximum extent of grading for
non-public uses" shown on the constraints map only if "City of Newport Beach setback
requirements are met." Therefore, the language of the addendum specifically incorporates the
setback requirements of the Planned Community District Regulations. As a result, the residential
lot lines along Dover Drive will be required to conform to the 35 foot setback as determined by
the Planning Commission or City Council. No potential land use impacts have been identified so
long as all setback requirements are met.
In conformance with Mitigation Measure 80 (see attached list of mitigation measures), the
applicant has consulted with the Newport Harbor Lutheran Church during the site design process.
Concerns regarding the proximity of buildings and fencing were incorporated into the proposed
site plan. The residential structures along the shared boundary between the proposed project and
the existing church have been setback a minimum of 25 feet to accommodate landscaping and a
private trail leading to the view park. The site plan minimizes the number of lots which run along
the properly line adjacent to the church and orients the placement of residential structures to
maximize their distance from the boundary with the church. In addition, an approximately 100
foot section of the church's property will border one of the landscaped entrygardens flanking the
entrance to the development. These design measures adequately address concerns related to
noise and 'wrap -around' development raised in the 1992 Final CIOSA Program EI . No
additional mitigation measures are necessary.
AESTHETICS/LIGHT AND GLARE
Will this subsequent activity result in any impacts not identified in the certified Program FdR
prepared for the project, in the following areas.
12 a
Yes Maybe No
a) The obstruction of any scenic vista or view open
to the public? ❑ ❑ C
b) The creation of an aesthetically offensive site
open to public view? ❑ ❑ L
c) Produce new light and glare? a ❑ ❑
Environmental Evaluation -1992 Final CIOSA Program E]R
The 1992 Final CIOSA Program E1R, Volume I contains an environmental evaluation related to
Aesthetics/Light and Glare. This discussion is found on pages 88 to 135 of Volume I of the 1992
Final CIOSA Program EIR The criteria used in the evaluation of impacts are stated on page 110,
Volume I of the 1992 Final CIOSA Program EIEL.
The 1992 Final Program E1R made the following conclusions regarding developing the Upper
Castaways site pursuant to the CIOSA agreement:
• No uses are expected to obstruct public views of a unique natural feature.
• No uses are expected to obstruct public views of unique vistas.
• The introduction of structures and landscaping will not be offensive to the community
• Impacts from new sources of light and glare will not be significant, individually or
cumulatively.
The 1992 Final CIOSA Program ERR concluded that developing the Upper Castaways site
pursuant to the CIOSA agreement will result in the following two significant unavoidable
environmental effects which cannot be avoided if the project is implemented:
The CIOSA project will result in the alteration of the safe use of public areas on the
Upper Castaways, Bayview Landing, and Newporter North sites.
The CIOSA project, in conjunction with other past, present, and reasonably foreseeable
future projects, will result in the loss of vacant/open space areas providing visual relief
surrounding Newport Bay. Development of the Upper Castaways in conformance with
the CIOSA agreement, is considered to incrementally contribute to this loss of
vacant/open space areas.
Changes or alterations in the project were required or were otherwise incorporated into the
project and Mitigation Measure 1 was adopted which substantially lessened but did not avoid the
significant environmental effects identified in the Final Program EIR. (See attached list of
mitigation measures).
13 Pa
•
Environmental Evaluation -Upper Castaways Site Plan and Tentative Tract Mao
Residential Project
The site plan and tentative tract map are consistent with the provisions of the adopted Planned
Community District Regulations and the CIOSA Agreement and Addendum. The 119 single
family detached homes are a permitted use under the District Regulations, Agreement, and
General Plan. The proposed site plan meets all height and setback requirements. (See setback
discussion in Land Use section above.) The density and character of the proposed development is
consistent with the assumptions of the 1992 Final CIOSA Program EIR.
The site plan identifies a property line and building setback from the edge of the bluff which meets
the requirements of the City of Newport Beach Bluff Top Set Back Ordinance. The "rear" of
houses along the bluff edge will receive enhanced architectural treatment to produce a more
attractive and interesting facade. Fencing along the bluff edge property line is proposed as 4 foot
high tempered glass with stucco pilasters on a 3 foot high retaining wall. This will provide
protection for the residential properties while allowing for views from the lots and preventing an
unattractive 'walled corridor' along the bluff walk. The bluff walk will be landscaped.
The applicant is proposing to provide landscaping within the public bluff top set back area. On
the bluff side of the public trail, drought -tolerant native plants are proposed. On the interior side
of the bluff walk, a mixture of native and non-native plants which are compatible with native
species are proposed. This area will be permanently irrigated. Preliminary grading, drainage, and
landscaping plans for the bluff top set back areas adequately address issues related to minimizing
bluff erosion.
Landscaping will also be provided along Dover Drive, in a large landscaped area at the entrance
to the development from 16th Street.
Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final
CIOSA Program EIR. Development of the residential portion of the Upper Castaways site, as
detailed in the .proposed site plan and tentative map, will not create any additional significant
adverse impacts related to aesthetics/light and glare. Existing and planned land uses surrounding
and near the site are the same as assumed in the 1992 analysis. There have been no substantial
changes in the local or regional conditions that would change the conclusions of the 1992 Final
CIOSA Program EIR. The applicant has provided landscape and grading plans for the bluff top
setback area pursuant to adopted Mitigation Measure 1.
View Park Access Road
To provide adequate emergency and public access to the future view park, the applicant has
proposed a 24 foot wide paved access road constructed on an 8% grade. The access road would
extend from the intersection of Cliff Drive and Dover Drive running generally parallel to Dover
Drive up to the higher, level top of the future view park. About 35,500 cubic yards of excavation
would be required. The steepness of graded slopes would vary from between 2:1 and 3:1 ratio,
14 3p
with 3:1 slopes predominating.
As described on page 93 of the 1992 Final CIOSA Program EIR., the slope along Dover Drive "is
highly visible from Dover Drive and adjacent residences" Based on preliminary grading
concepts, views of this section of the slope along Dover Drive will change with grading and
construction of the Dover Drive widening. The widened road will requite cuts into the existing
slopes particularly in the areas where the existing toe of slope runs down to meet the existing
sidewalk. Estimates of grading required is 8,200 cubic yards of excavation. The widening is a
frontage improvement relating to the Castaways project and is required for development of the
Castaways site (both residential and park areas).
Provision of a new access road to the future view park as part of the Upper Castaways project
will require additional grading. The preliminary grading concept shown In Exhibit 4 is based on a
road 24 feet wide with a gradient of 8%. This concept would required 35,500 cubic yards of
excavation.
The applicant has proposed using slopes of 3:1 for the majority of the design instead of the more
standard 2:1 slopes (which are more steep). Although this requires a slightly larger area of
grading, the nature and visual impact of the finished slope will be more gradual and will blend into
surrounding bluffs in a more natural fashion. This will measurably reduce the extent of visual
impacts to users of Dover Drive and Coast Highway.
Other measures will be required to assure that adverse visual impacts associated with construction
of the access road will be mitigated to a level of insignificance. The following measures are
recommended for adoption:
A. Prior to issuance of a grading permit or commencement of grading, whichever comes first,
the City or applicant (whoever is responsible for grading and construction of the access
road), shall prepare a detailed landscape plan for review and approval by the City of
Newport Beach Planning, Public Works, and General Services Departments. This plan
shall provide for both interim and permanent landscaping which will prevent erosion,
soften the visual impact of the grading, and be consistent with surrounding vegetation
within the future view park. The use of native and drought -tolerant vegetation shall
predominate.
B. Graded slopes shall vary in steepness with the majority of slopes at a steepness of 3:1.
C. At the time park facility plans are prepared by the City for the future view park, a lighting
plan shall be prepared and evaluated for the access road. Lighting shall be only the
minimum necessary to provide safe access for use of the road during standard hours of
operation for the park. If provided, lighting shall be designed to eliminate any light
spillage past the edge of the property along Dover Drive.
Adopted mitigation measures 31- 34 shallapply to the emergency access road project (please see
attached list of mitigation measures). These measures will assure that -the manufactured slopes will
15 31
not be subject to unsightly erosion during and following grading and construction.
The area to be impacted is not visually connected to the bluffs which border along Upper
Newport Bay, the area is visible primarily from Dover Drive. Although the grading and
construction of the access road will further alter the bluff and slopes (over that occurring under
the Dover Drive widening project), the finished landscaped slopes should be aesthetically pleasing.
No unique natural features or vistas will be lost or obstructed. With implementation of the above
mitigation, there will be no significant adverse impacts associated with grading and constructing
the access road.
TRANSPORTATION/CIRCULATION
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, in the following areas:
Yes Maybe No
a) Generation of substantial additional vehicular movement? 12 ❑ ❑
b)
Effects on existing parking facilities, or demand for
new parking:
i?1
❑
❑
c)
Substantial impact upon existing transportation systems?
❑
❑
10
d)
Alterations to present patterns of circulation or movement
of people and/or goods?
❑
❑
I
e)
Alterations to waterborne, rail or air traffic?
❑
❑
f)
Increase in traffic hazards to motor vehicles,
bicyclists, or pedestrians?
❑
❑
Environmental Evaluation - 1992 CIOSA Program EIR
The 1992 Final CIOSA Program EIR, contains an environmental evaluation relating to
Transportation/Circulation. A summary of the evaluation is found on pages 136 to 181 of
Volume I of the 1992 Final CIOSA Program E1R The traffic study prepared for the Program
EIR is contained In Appendix B of Volume lI with supplemental traffic data contained in
Appendix A of Volume III. The criteria used in the evaluation of impacts are stated on pages 149
and 150, Volume I of the 1992 Final CIOSA Program EIR
The 1992 Final CIOSA Program EIR made the following conclusions regarding potential impacts
associated with implementing the entire CIOSA agreement which includes developing the Upper
Castaways site:
. Impacts on daily traffic volumes in the City of Newport Beach and the adjacent cities of Costa
16
3a
0
Mess, Irvine, and Huntington Beach are considered insignificant.
No significant project -specific impacts related to the City of Newport Beach Circulation
Element were identified.
The CIOSA project (including development of the Upper Castaways site) meets the
requirements of the City's Traffic Phasing Ordinance (TPO) and the Congestion Management
Program.
Implementation of development projects allowed under the CIOSA Agreement, in conjunction
with other past, present, and reasonably foreseeable future projects, will impact peak hour
traffic volumes. Implementation of standard City policies and mitigation measures contained
in the 1992 Final CIOSA Program EIR will substantially lessen potential project -specific
impacts to a level of insignificance. However, on a cumulative basis, the implementation of
the entire CIOSA project has an incremental but measurable contribution to several
intersections in the John Wayne airport area which already exceed the City's ICU criteria with
or without the project. The additional traffic generated by the entire CIOSA project combined
with traffic generated by other past, present, and reasonably foreseeable future projects is
viewed as a cumulative significant impact within the context of ongoing regional growth.
. The project will not result in the alteration to waterborne, rail or air traffic.
Mitigation measures 2 and 3 (see attached list of mitigation measures) were required with
approval of the CIOSA project in 1992.
Environmental Evaluation - Upper Castaways Site Plan and Tentative Tract Map
Offsite Circulation System Impacts
The traffic study prepared for the 1992 Final CIOSA Program EIR assumed the construction of
151 single family attached units on 26 acres of the Upper Castaways site. As discussed in the
project description section of this Initial Study, the proposed residential project on the Upper
Castaways site now contains 119 single family detached units on 26 acres.
Trip generation characteristics were compared to determined if the revised project were result in
greater impacts than previously identified in the 1992 Final CIOSA Program BIEL Table A
provides a summary comparison. As shown, the revised project will generate 1320 Average Daily
Trips (ADTs) which is 160 daily trips less than assumed in the 1992 Final CIOSA Program EHL
The proposed project will generate 107 AM peak hour trips and 131 PM peak Hour trips which is
21 and 27 trips less, respectively, than assumed In the 1992 Final CIOSA Program E11L As a
result, the proposed project will not have a greater impact on the local and regional circulation
system than identified in the 1992 Final CIOSA Program ERL The proposed projects
contribution to circulation impacts associated with implementing the CIOSA agreement will be
slightly reduced. However, all original mitigation measures related to circulation/transportation
still apply. No additional mitigation measures are required.
17 p
Offsite Circulation Improvements and Related Adopted Mitigation Measures
The CIOSA Agreement was approved in 1992. Subsequent to approval, the applicant and the
City of Newport Beach have cooperated in creating the implementing mechanisms for the
Agreement. The financial obligations for circulation improvements under the CIOSA Agreement
will be satisfied through the formation and implementation of a financing district to be called the
CIOSA Implementation District. The formation and implementation of the district is in
compliance with the CIOSA Agreement, and will be structure to allow the City to derive road
funding benefits of the agreement in a timely manner with the development of the Irvine
Company's property.
The City will use its charter city powers to create the CIOSA Implementation District. Once the
District has been established, bonds may be sold by the city on a phased basis with the start of
construction of each of the properties. The Fair Share Fee payment will be included in the first
bond series. Repayment of the bonds will be the obligation of the developed properties, over the
life of the bonds.
The City has adopted the umbrella financing ordinance which will allow the actual CIOSA
implementation District to be established. Final formation of the District is anticipated to occur in
early 1995. As part of the creation of the CIOSA Implementation District, the City will prepare a
circulation improvement monitoring program pursuant to adopted Mitigation Measure 2 (see
attached list of mitigation measures).
Pursuant to adopted Mitigation Measure 3 (see attached list of mitigation measures) which
requires that the applicant shall construct or post bond for all frontage improvements identified in
the Development Agreement, the applicant has identified on the preliminary grading map, the
grading necessary for the future widening of Dover Drive adjacent to the Upper Castaways
project. The development has been designed with all setbacks measured from the edge of future
right-of-way. The applicant is offering to post bond or grade the Dover Drive improvements,
whichever is required by the City of Newport Beach.
0 0
TABLE A
UPPER CASTAWAYS
TRIP GENERATION COMPARISON
Assumptions from 1992
Program EIR
Revised Project
LAND USE
SFA*
SFD**
NUMBER OF UNITS
151
119
AM PEAK IN
30
24
AM PEAK OUT
98
83
AM PEAK TOTAL
128
107
PM PEAK IN
98
83
PMPEAK OUT
60
48
PM PEAK TOTAL
158
131
TOTAL ADT
1,480
*Single Family Attached; ** Single Family Detached
Onsite Circulation/Parking - Residential Area
1,320
Consistent with provisions of the Upper Castaways Planned Community District Regulations, the
Upper Castaways project is proposed to be served by a single vehicular access point at the end of
16th Street. An additional emergency vehicle -only access is proposed from Dover Drive if
required by the Newport Beach Fire Department. This proposed circulation system is essentially
identical to that evaluated in the 1992 Final CIOSA Program EIR. No new impacts associated
with onsite circulation have been identified. No new mitigation measures are required
The site plan and tentative map identify the ultimate right-of-way for Dover Drive. All
development setbacks and access points have been planned assuming the ultimate widening of
Dover Drive consistent with the City's General Plan and provisions of the CIOSA Development
Agreement, the timing of the Dover Drive widening has not been formally determined. However,
the project design -as proposed will not interfere with implementing the City's Circulation Element
or the CIOSA Development Agreement with respect to the future widening of Dover Drive. No
new impacts associated with the ultimate widening of Dover Drive have been identified. No new
mitigation measures are required.
The proposed site plan provides for 610 parking spaces (5.10 spacestunit). There will be 357
garage spaces (3.0 spaces unit), 119 driveway spaces (1.0 spaceslunit), and 134 on street spaces
(1.10 spacestunit). This number and type of parking spaces meets the parking requirements set
19 ,ys,
forth in the Planned Community District Regulations (Section III, Subsection 11 .(c.)).
Consequently, no adverse impacts related to parking are expected as a result of the proposed
residential development. No new mitigation measures are required.
Onsite Circulation/Parking - Open Space View Park Area
As described in the project description, the future widening of Dover Drive to improve sight
distance conditions and provide increased capacity will encroach into the bluff along Dover Drive.
This will result in removing an existing dirt access road that leads from Dover Drive up to the top
of the bluff within the future view park area. This road currently provides emergency vehicle
access to the bluff top.
The Newport Beach Planning and Public Works Departments believe that an enhanced access
point is necessary from Dover Drive to provide a full range of emergency and public access to the
future view park and bluff area.
To meet this need,. the applicant has proposed a 24 foot wide paved access road constructed on
an 8% grade. The access road would extend from the intersection of Cliff Drive and Dover Drive
running generally parallel to Dover Drive up to the higher, level top of the future view park.
The proposed access would provide adequate emergency access to the view park area. The
proposed access in combination with the bluff top trail connecting the view park with Polaris
Drive would provide adequate public access to the future view top park.
Parking for the public use of the view park issue has not yet been considered. This issue will be
planned and evaluated at the time the City of Newport Beach prepares facility plans for the view
park. Mitigation has been provided that requires the City of Newport Beach to provide parking
for the view park area since access to adequate parking will not be provided through the private
gated residential community. Preliminary review of the site indicates that provision of parking
will be feasible.
D. The City of Newport Beach shall provide adequate parking for the future view park area
on Upper Castaways. A specific parking plan shall be prepared concurrent with
preparation of park facility plans for the view park. Parking shall be convenient to either
trail access or the paved access road.
Implementation of the project as proposed and the above mitigation will assure that there is
adequate, safe access to the future view park area. There will be no significant adverse impact
related to access or parking.
20 J6
AIR RESOURCES
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, in the following areas.
Yes Maybe No
a) Substantial air emissions or deterioration of ambient
air quality? ❑ ❑ 10
b) The creation of objectionable odors? ❑ ❑ It
c) Alteration of air movement. moisture. or temperature,
or any change- in climate, either locally or regionally? ❑ ❑ Bj
Environmental Evaluation - 1992 Final CIOSA Program EIR
The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to
Air Resources. This discussion is found on pages 182 to 195 of Volume I of the 1992 Final
CIOSA Program EIR The criteria used in the evaluation of impacts are stated on pages 185 and
188, Volume I of the 1992 Final CIOSA Program EIR
The 1992 Final CIOSA Program EIR made the following conclusions regarding implementing the
CIOSA agreement which included developing the Upper Castaways site:
• Short-term impacts potentially resulting from construction activities are negligible and highly
localized. These impacts will be mitigated to a level of insignificance with implementation of
standard City policies and required mitigation measures.
• Potential emissions resulting from mobile (vehicular) sources, combustion of natural gas, and
the generation of electric energy will be mitigated to a level of insignificance with
implementation of standard City policies and required mitigation measures.
• The project -specific emissions, in conjunction with emissions generated from other past,
present, and reasonably foreseeable future project emissions, will contribute to an impact on
regional air quality.
• The project will not create any objectionable odors.
• The project will not alter air movement, moisture, or temperature, or result in any change in
climate, either locally or regionally.
Adopted mitigation measures 4 - 6, and 9 -11 apply to development on the Upper Castaways site.
21 31
6
Environmental Evaluation - Upper Castaways Site Plan and Tentative Tract Map
Residential Project
The proposed residential development will contain 32 fewer units than provided for in the CIOSA
Agreement and evaluated in the 1992 Final CIOSA Program EIR. This represents a 20%
reduction from 151 to 119 units. As discussed in the Transportation/Circulation section, there is
a related decrease in the number of average daily and peak hour trips associated with the project.
As a result, no additional impacts related to air resources have been identified. The project's
contribution to impacts on regional air quality is reduced but not eliminated over that considered
in the 1992 Final CIOSA Program EIR. There have been no substantial changes in the local or
regional conditions that would change the conclusions of the 1992 Final CIOSA Program EIR.
View Park Access Road
Grading of the view park access road will require between about 35,000 cubic yards of
excavation over an area about an acre in size. This is an incremental increase over that expected
for the grading of the 26 acre residential development and 4.8 acre future active park site. Air
quality impacts related to grading would be the emission of fugitive dust and heavy-duty
equipment emissions. These impacts would be very localized. Grading activities will not occur
adjacent to or near any identified sensitive receptors. Please refer to the more detailed discussion
of grading related impacts in the 1992 Final CIOSA Program EIR (pages 188 - 189).
Adopted mitigation measure 4 - 6 related to construction -related emissions shall apply to the view
park access road project. No additional significant adverse impacts related to air quality are
expected as a result of constructing the emergency access road. No additional mitigation
measures are necessary.
NOISE
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, in the following areas.
Yes Maybe No
a) Increases in existing noise levels? ❑ ❑ 1"a
b) Exposure of people to severe noise levels? S ❑ ❑
Environmental Evaluation - 1992 Final CIOSA Program E1R
The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to
Noise. This discussion is found on pages 196 to 235 of Volume I of the 1992 Final CIOSA
Program EIR. The criteria used in the evaluation of impacts are stated on pages 196 and 215,
22 „p
6
Volume I of the 1992 Final CIOSA Program EIR.
The 1992 Final CIOSA Program EIR made the following conclusions regarding implementing the
CIOSA agreement which Included developing the Upper Castaways site:
• All short-term noise impacts resulting from construction activities will be mitigated to a level
of insignificance.
• Off -site noise impacts due to traffic generated by development allowed pursuant to the
CIOSA agreement (including development of the Upper Castaways site) are not significant.,
• On -site noise levels related to traffic on Dover Drive will potentially exceed acceptable noise
standards for residential uses. Standard City policies and required mitigation measures will
reduce these impacts to a level of insignificance. All development within the Upper Castaways
site will meet City standards.
The proposed project, in conjunction with other past, present, and reasonably foreseeable
future projects, will not result in significant cumulative noise impacts.
Adopted mitigation measures 12 and 14 (see attached list of mitigation measures) were required
with approval of the CIOSA project in 1992 to mitigate noise impacts related to development on
the Upper Castaways site.
Environmental Evaluation - Upper Castaways Site Plan and Tentative Tract Map
Residential Development
Assumptions related to future traffic volumes and related noise levels along Dover Drive remain
the same as those contained in the 1992 Final CIOSA Program Elk Residential units to be
located along Dover Drive will experience noise levels in excess of 65 CNEL. These units will
require mitigation as outlined in adopted mitigation measures 12 and 14.
Adopted mitigation measure 79 requires that at the time of specific site plans and grading plans
for the various components of the Upper Castaways site (e.g, residential, active park), the City
shall review the plans to confirm that the mitigation measures provided in the 1992 Final CIOSA
EIR related to construction noise will adequately control construction impacts potentially
impacting the Newport Harbor Lutheran Church and its operations.
The site plan and concept grading plan were reviewed to determine if construction -related noise
impacts would be significant on church operations. There have been no significant changes in the
assumed level of development, location of grading operations, or timing of development.
Standard City policies related to the operation of construction equipment should adequately
mitigate any temporary, short term noise impacts generated from grading or construction
equipment. Consistent with adopted mitigation measures this issue will again be considered when
detailed grading and construction plans are available for review.
23
View Park Access Road
Grading activities for the view park access road will not occur adjacent to existing residential or
other noise sensitive land uses. There is a nearby residential area located across and above Dover
Drive behind commercial uses bordering the street. This area may be subject to noise during
grading which may be perceived as a nuisance by some residents. Any such noise levels, however,
will be temporary and subject to the City of Newport Beach Noise Ordinance which limits the
hours of construction for areas near existing residential development. No significant adverse
impact will result from grading of the emergency access road.
BIOLOGICAL RESOURCES
PLANT LIFE.
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, in the following areas:
Yes Maybe No
a) Change in the diversity of species, or number or any
species of plants (including trees, shrubs, grass, crops,
and aquatic plants? ❑ ❑
b) Reduction of the numbers of any unique, rare, or
endangered species of plants? ❑ ❑
c) Introduction of new species of plants into an area, or in
a barrier to the normal replenishment of existing species? ❑ ❑ [�
d) Reduction in acreage of any agricultural crop? ❑ ❑
ANIMAL LIFE.
a)
Change in the diversity of species, or number of any
species of plants (including trees, shrubs, grass, crops, and
aquatic plants)? ❑ ❑
b)
Reduction of the numbers of any unique, rare, or
endangered species of plants? ❑ ❑
c)
Introduction of new species of plants into an area, or
in a barrier to the normal replenishment of existing
species: ❑ ❑
d)
Deterioration to existing fish or wildlife habitat? ❑ ❑
24 YO
Environmental Evaluation -1992 Final CIOSA Program E1R
The 1992 Final Program E1R, Volume I contains an environmental evaluation related to
Biological Resources. This discussion is found on pages 236 to 270 of Volume I of the 1992 Final
Program EIR. The criteria used in the evaluation of impacts are stated on pages 253, Volume I of
the 1992 Final Program EIR. Volume III of the 1992 Final Program EIR, which contains the
Response to Comments and Addendum, also contains information related to biological resources
and impacts. In particular, responses to comments received from the US, Department of Fish and
Wildlife, California Department of Fish and Game, the California Native Plant Society, SPON,
and Dr. Jan Vandersloot contain additional information related to biologicalimpacts.
The 1992 Final CIOSA Program EIR made the following conclusions regarding developing the
Upper Castaways site pursuant to the CIOSA Agreement.
• No significant impacts to sensitive plant species including aphanisma and the southern tarplant
were identified. No significant impacts to sensitive wildlife species including the red -
shouldered hawk, lightfooted clapper rail, the California black rail, and the California
gnatcatcher were identified.
• Mitigation measures have been provided to mitigate the loss of wetland habitat on Upper
Castaways resulting from the future widening of Dover Drive (an adjacent project considered
in the CIOSA Agreement). This impact is mitigated to a level of insignificance,
• No impacts are anticipated to the saltwater marsh at the base of the coastal bluffs along Upper
Newport Bay.
• No impacts are anticipated to coastal sage scrub habitat from development of residential and
open space uses due to the habitat being restricted to steep bluff faces which are not feasible
for residential development or public use. However, possible stabilization of portions of the
bluff slope required to provide a safe public trail could impact small areas of coastal sage
scrub. Mtigation has been provided that mitigates this impact to a level of insignificance.
• Removal of introduced annual grassland of low biological sensitivity is considered an
insignificant impact.
• Implementation of the complete CIOSA Agreement (including development of the Upper
Castaways site) contributes on an incremental level to an overall reduction in the general
botanical and wildlife resources of the area through habitat loss, fragmentation of habitats,
interruption of wildlife movement and a reduction of genetic exchange among wildlife
populations in the area. This is considered a significant cumulative impact.
Adopted mitigation measures 15 - 18, 20, 24, and 83 apply to development on the Upper
Castaway site.
25 r
Environmental Evaluation - Upper Castaways Site Plan and Tentative Tract Man
Residential Development
The development area and limits of grading are substantially the same of that assumed in the 1992
Final CIOSA Program EIR. No additional impacts from grading and construction of residential
development are anticipated.
Review of concept landscape plans for the development and bluff top trail area reflect the
guidelines set forth in the adopted mitigation measures. The landscape palette for the bluff side of
the bluff trail are native, non -irrigated, drought -tolerant, plant species. The palette for the
development side of the trail is a mixture of native and non-native plants which are compatible in
culture with native species.
The preliminary concept grading plan indicates five areas along the bluff face which will require
some stabilization/restoration work in order to provide a safe area for the public bluff trail to be
built along the bluff top. However, detailed grading plans are not available for this work and are
expected at a later level of review when final grading plans are reviewed and a grading permit is
issued. Based on existing information, grading for stabilization/restoration will be 'limited in
extent and will not extend down the bluff face. However, as discussed in the 1992 Final CIOSA
Program EIR, small amounts of coastal sage scrub may be impacted. Adopted mitigation measure
24 and 83 provide adequate mitigation for these impacts. Mitigation measure 24 requires
revegetation with a mixture of coastal sage scrub species on steeper slopes and a mixture of
predominantly native plant species on other graded areas adjacent to sensitive habitat areas.
Mitigation measure 83 requires that a precise revegetation plan be submitted and for review and
approval once the exact nature and extent of impacts are known, in this case, prior to issuance of
a grading permit.
View Park Access Road
Grading for the access road will impact about i acre of introduced annual grassland considered to
be of low biological sensitivity. No significant adverse impacts are expected.
The small (0.8 - acre) wetland adjacent to Dover Drive will be impacted by the widening of Dover
Drive as described in the 1992 Final CIOSA Program EIR The widening is expected to displace
the entire wetland even without the replacement of the existing access road. The proposed view
park access road does not increase the extent of impact on the wetland. No additional mitigation
measures other than those already required by the 1992 Final CIOSA Program EIR are necessary.
As required by adopted mitigation measure 20, the applicant shall be responsible for preparing and
implementing a plan which will offset the loss of wetlands due to the widening of Dover Drive.
Offset mitigation is expected to be provided offsite within existing wetland areas surrounding or
near the Upper. Newport Bay Ecological Reserve. This is consistent with Mitigation Measure 20.
26
�a
EARTH RESOURCES
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, In the following areas:
Yes Maybe No
a) Unstable earth conditions or in changes in geologic
substructures? ❑ bZ1 ❑
b) Disruptions, displacements, compaction or over -
covering of the soil? 17 QSl ❑
c) Change in topography or ground surface relief features? ❑ ❑
d) The destruction, covering or modification of any unique
geologic or physical features? ❑ ❑ Rl
e) Any increase in wind or water erosion of soil, either on
or off the site? ❑ V ❑
fj Changes in deposition or erosion of beach sands, or
changes in siltation, deposition or erosion which may
modify the channel of a river or stream or the bed of
the ocean or any bay, inlet or lake? ❑ ❑ t31
g) Exposure of people or property to geologic hazards,
such as earthquakes, landslides, mudslides, ground
failure, or similar hazards? ❑ ❑
Environmental Evaluation - 1992 Final CIOSA Program EIR
The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to
Earth Resources. This discussion is found on pages 271 to 291 of Volume I of the 1992 Final
CIOSA Program EM. The criteria used in the evaluation of impacts are stated on page 279.
Volume I of the 1992 Final CIOSA Program EIR.
The 1992 Final CIOSA Program EIR made the following conclusions regarding development on
the Upper Castaways site pursuant to the CIOSA agreement.
The Upper Castaways site is potentially subject to significant adverse impacts related to
faulting/seismicity, liquefaction, erosion, blufi7slope instability, compressibletcwllapsible soil,
expansive and corrosive soil, and near surface ground water. Implementation of required
mitigation measures mitigate all impacts to a level ofinsignificance.
27 If3
Adopted mitigation measures 27, 30, 31 - 43 apply to development of the Upper Castaways site.
Environmental Evaluation - 1992 Final CIOSA Program EIR
Residential Development
The development area and limits of grading are substantially similar to that assumed in the 1992
Final CIOSA Program EIR. The -density and type of development is also the same. No additional
geotechnical work has been prepared at this time. Further geotechnical studies addressing at a
minimum those requirements set forth In the adopted mitigation measures will be completed and
evaluated prior to issuance of a grading permit. At this time, there is no new information which
would alter the conclusions or mitigation measures contained in the 1992 Final CIOSA Program
EIR.
View Park Access Road
No detailed geotechnical studies have been prepared at this time for the area proposed for a
replacement view park access road. Development of grading plans are in the concept planning
phase. Prior to grading a geotechnical study will be prepared which meets the requirements of
applicable adopted mitigation measures which pertain to the Upper Castaways site. Specifically,
mitigation measures 30 - 37, 39, 41 - 43 will apply to the view park access road project. As
required by the mitigation measures, the final adopted grading plan will reflect the
recommendation of these studies.
WATER RESOURCES
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, in the following areas:
Yes Maybe No
a) Changes in currents, or the course of direction of water
movements, in either marine or freshwaters? ❑ ❑ It
b) Changes in absorption rates, drainage patterns, or the rate
and amount of surface runoff? ❑ 7� ❑
c) Alterations to the course or flow of flood waters? ❑ ❑ `)Z1
d) Changes in the amount of surface water in any water body? ❑ ❑ 1A
e) Discharge into surface waters, or in any alteration of surface
water quality? ❑ V ❑
f j Alteration of the direction or rate of flow of ground waters? ❑ ❑ P
28 1�,/
g) Change in the quantity of ground waters, either through
direct additions or withdrawals, or through interception of
an aquifer by cuts or excavations: ❑ ❑
h) Substantial reduction in the amount of water otherwise
available for public water supplies? ❑ ❑ )�
i) Exposure of people or property to water related hazards
such as flooding or tidal waves? ❑ ❑ IA
Environmental Evaluation - 1992 Final CIOSA Program EIR
The 1992 Final CIOSA Program EM, Volume I contains an environmental evaluation related to
Water Resources. This discussion is found on pages 292 to 301 of Volume I of the 1992 Final
CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 295 and
296, Volume I of the 1992 Final CIOSA Program EIR. Additional discussion and analysis on
water quality is contained in Volume III, Response to Comments and Addendum, pages 9-10, 57-
59, 75-76, and 155-156.
The 1992 Final CIOSA Program EIR made the following conclusions regarding development on
the Upper Castaways site pursuant to the CIOSA agreement,
• The project will not create changes in deposition or erosion of beach sands, or change in
siltation, deposition or erosion which may modify the channel of a river or stream or the bed
of the ocean or any bay, inlet, or lake.
• The project will not alter the direction or rate of flow of ground waters.
• The proposed project will not change the quantity of ground waters, either through direct
additions or withdrawals, or through interception of an aquifer by cuts or excavations.
• The project will not substantially reduce the amount of water otherwise available for public
water supplies.
• Subsequent to mitigation, the project will not result in significant short term impacts to water
quality from construction -related sediment erosion.
• Subsequent to mitigation, the project will not result in significant impacts due to increased
drainage on an already inadequate drainage system.
• Subsequent to mitigation, the proposed project, in conjunction with other past, present, and
reasonably foreseeable future projects, will not have a significant short term impact on the
water quality in Newport Bay due to sediment from construction.
29 Lie
0 •
Implementation of all development entitled in the CIOSA Agreement, in conjunction with
other past, present, and reasonably foreseeable future projects, will have an incremental long-
term impact on water quality in Newport Bay due to increased urban pollutants.
Adopted mitigation measures 44 - 50 and 74 - 77 apply to development on the Upper Castaways
site.
Environmental Evaluation - Upper Castaways Site Plan and Tentative Tract Man
Residential Project
Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final
CIOSA Program EIR. The location and limits of development are substantially the same as that
assumed in the 1992 Final CIOSA Program EIR. The site plan, tentative tract map, and
preliminary grading and drainage plans appropriately reflect issues raised in the 1992 Final CIOSA
Program EIR. Preliminary plans for treatment of the bluff top setback area and public trail are
sensitive to the issue of existing and increased drainage causing further erosion of the bluff face.
Adopted mitigation measures related to these issues will be met as required by the adopted
mitigation monitoring plan. Review of the plans do not reveal any new potential adverse impacts
related to water quality or erosion.
View Park Access Road
Grading for the replacement view park access road will disturb about I acre. Grading will cut
into existing slopes and construct new slopes. There is potential for erosion during grading and
immediately following grading. This area drains to the lower Newport Bay. Any erosion could
cause a short-term impact on water quality of the lower Newport Bay. Implementation of
standard City policies related to control of erosion during grading will mitigate any potential
impact to a level of insignificance. In addition, mitigation measures 44 - 46 shall apply to this part
of the project and will adequately mitigate any impacts to a level of insignificance.
HOUSING/POPULATION
HOUSING
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, in the following areas.
Yes Maybe No
a) Affect existing housing, or create a demand for additional housing? ❑ ❑
POPULATION
a) Alter the location, distribution, density or growth rate of the human
population of an area? ❑ ❑
30 �k6
Environmental Evaluation - 1992 Final CIOSA Program EiR
The 1992 Final CIOSA Program E1R, Volume I contains an environmental evaluation related to
Housing. This discussion is found on pages 302 to 311 of Volume I of the 1992 Final CIOSA
Program EIR. The criteria used in the evaluation of impacts are stated on pages 303, Volume I of
the 1992 Final CIOSA Program EIR.
The 1992 Final CIOSA Program ElIL made the following conclusions regarding implementation at
the CIOSA agreement.
• The proposed project will not alter the location, distribution, density, or growth rate of the
human population of -the area.
• The proposed project will not significantly alter the location, distribution, and density at the
City of Newport Beach housing stock.
• The proposed project will meet the affordable housing goal and will not create a need for
additional housing.
• The proposed project will incrementally improve the City's jobsthousing ratio.
• No significant cumulative impacts wore identified.
No mitigation measures were found necessary.
Environmental Evaluation - Upper Castaways Site Plan and Tentative Tract Map
The development as proposed is substantially similar to that assumed in the 1992 Final CIOSA
Program EIR. Review of the proposed site plan and tentative map confirms the conclusions of
the 1992 Final CIOSA Program EIR. Development of the residential portion at the Upper
Castaways site, as detailed in the proposed site plan and tentative map, will not create any
significant adverse impacts related to housing and population.
CULTURAL RESOURCES.
Will this subsequent activity result in any impacts not identified in the certlfred Program EIR
prepared for the project, in the following areas:
Yes Maybe No
a) Result in the alteration of or the destruction of a prehistoric
or archaeological site? ❑ ❑
31 �?
b) Result in adverse physical or aesthetic effects to a pre-
historic orhistoric building, structure, or object? ❑ ❑
c) Have the potential to cause a physical change which would
affect unique ethnic cultural values? ❑ ❑
d) Restrict existing religious or sacred uses within the potential
impact area? ❑ ❑ 0
Environmental Evaluation - 1992 Final CIOSA Program EIR
The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to
Cultural Resources. This discussion is found on pages 310 to 331 of Volume I of the 1992 Final
CIOSA Program EIR. The criteria used in the Evaluation of impacts are stated on pages 316 -
317 (for archaeological resources) and page 329 (for paleontological resources), Volume I of the
1992 Final CIOSA Program EIR.
The 1992 Final CIOSA Program EIR made the following conclusions regarding developing the
Upper Castaways site pursuant to the CIOSA agreement.
• After mitigation, the proposed project will not result in significant impacts to any known
archaeological resources.
• After mitigation, the proposed project will not result in significant adverse impacts to
archaeological or paleontological resources.
• The project will not result in an adverse physicalor aesthetic effect on a prehistoric or'historic
building, structure, or object.
• The project does not have the potential to cause a physical change that would affect unique
ethnic cultural values.
• The project will not restrict existing religious or sacred uses within the potential impact area.
Adopted Mitigation Measures 51 - 54 and 67 - 70 apply to development on the Upper Castaways
site (see attached list of mitigation measures).
Environmental Evaluation -Upper Castaways Site Plan and Tentative Tract Man .
The residential development area is substantially the same as that assumed in the 1992 Final
CIOSA Program EIR. The limits of grading as shown on the preliminary grading plan will not
cause any unanticipated impacts to known archaeological sites on site. The residential
development impacts Ca-Ora48 was analyzed in the 1992 Program EIR Because the site has
been severely disturbed, it has been determined that no further scientific investigation is
32 70
0
warranted. The 1992 Program EIR determined that impacts to this site were not considered
significant. The 1992 Program EIR, assumed that the two other sites within the Upper Castaways
site (Ca-Ora49 and Ca-Ora-186) would not be impacted by residential or bluff trail development.
Review of the site plan and preliminary grading plan for the residential project confirms this
original assumption. Based on preliminary concept plan, the proposed view park access road
leading to the bluff top within the future view park area also will not directly impact either of the
sites. Impacts associated with increased use of the future park site and trail development were
discussed in the 1992 Program EIR and will be further addressed at a future stage of park facility
design and evaluation.
The limits of grading as shown on the preliminary grading plan will not result in any significant
adverse impacts to known paleontological sites. However, as discussed in the 1992 Final CIOSA
Program EIR, the potential for impacting unknown, buried paleontological resources is possible.
Such an impact could be a significant adverse impact. The addition of grading for the view park
access road slightly increases the likelihood of impacting buried resources. However, adopted
mitigation measures 67 - 70 will adequately mitigate any potential impacts to a level of
insignificance.
PUBLIC SERVICES AND UTILITIES.
PUBLIC SERVICES.
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, in the following areas.
Yes Maybe No
a)
Fire Protection?
❑
❑
11
b)
Police Protection
❑
❑
(St
c)
Schools?
❑
❑
d)
Parks or other recreational facilities?
❑
❑
ZL
e)
Maintenance of public facilities, including roads?
❑
❑
1A
0
Other governmental services?
❑
❑
0
UTILITIES.
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, in the following areas.
a) Power or natural gas?
33 T
b)
Communications systems?
❑
0
c)
Water?
d)
Sewer or septic tanks?
0
❑
0
e)
Storm water drainage?
f)
Solid waste and disposal?
0
RECREATION.
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, in the following areas:
a) Impact upon the quality or quantity of existing recreational
opportunities? 11 13
Environmental Evaluation - 1992 Final CIOSA Program EIR
The 1992 Final Program EM, Volume I contains an environmental evaluation related to Public
Services and Utilities. This discussion is found on pages 332 to 363 of Volume I of the 1992
Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages
346, Volume I of the 1992 Final CIO'SA Program EIR.
The 1992 Final CIOSA Program EIR made the following conclusions regarding the potential
impacts of Implementing the entire CIOSA agreement which includes development of the Upper
Castaways site.
Project -specific impacts related to electricity, natural gas, library services, parks and
recreation, telephone services, and waste disposal are considered insignificant.
Project -specific impacts related to schools, water, law enforcement and waste water can be
mitigated to a level of insignificance with implementation of applicable City policies and
requirements and mitigation measures contained in the program EIR.
Project -specific impacts related to providing adequate fire protection service to the Freeway
Reservation and San Diego Creek South sites would be significant until construction of a new
fire station serving North Newport. This significant adverse impact was not caused or
contributed to by the assumed development of -the Upper Castaways site, but rather from
development occurring to the east of Upper Newport Bay.
34
• Cumulative impacts related to all public services and utilities are considered insignificant.
• The proposed project will not have an effect upon or result in the need for other governmental
services.
• The proposed project will not create a significant need for additional maintenance of public
facilities.
• The proposed project will not result in an impact upon the quality or quantity of existing
recreational opportunities.
Adopted Mitigation Measures 71, 72, and 73 apply to development on the Upper Castaways site
(see attached list of mitigation measures).
Environmental Evaluation - Upper Castaways Site Plan and Tentative Tract Map
Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final
CIOSA Program EM. Development of the residential portion of the Upper Castaways site, as
detailed in the proposed site plan and tentative map, will not create any adverse impacts related to
public services and utilities other than those analyzed and mitigated in the 1992 Final CIOSA
Program ERL
The number of residential units proposed on the site plan is 119 units which is 32 units less than
the 151 units entitled by the CIOSA Agreement and allowed by the City's General Plan and
Planned Community District Regulations. Consequently, demand for public services and utilities
will be slightly less than projected in the 1992 Final CIOSA Program EIR. There have been no
substantial changes in the local or regional conditions that would change the conclusions of the
1992 Final CIOSA Program EIEL.
Access to and from the residential development area is substantially similar to that assumed in the
1992 analysis. Emergency access provided to the residential site is considered adequate by
Newport Beach Fire Department and Public Works Department.
Access to adjacent future passive park uses on the view park site is proposed from a new access
road from CGffDrive. This access meets Newport Beach Fire Department requirements. This
primary access to the view park area is proposed to replace an existing emergency access road
that will be removed when Dover Drive is widened in the future. This access will assure that
adequate access for emergency vehicles and users of the firture view park is provided to the future
view park area. No adverse impacts are expected related to the provision of emergency services.
HUMAN HEALTHMSK OF UPSET
HUMAN HEALTH.
Will this subsequent activity result in any impacts not identifted in the certifted Program FJR
35 �/
i i
prepared for the project, in the following areas:
Yes Maybe No
a) Creation of any health hazard or potential health hazard
(excluding mental health)? ❑ ❑
b) Exposure of people to potential health hazards? ❑ ❑
RISK OF UPSET.
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, in the following areas:
a) A risk of an explosion or the release of hazardous substances
(including, but not limited to: oil, pesticides, chemicals or
radiation) in the event of an accident or upset conditions? ❑ 111
b) Possible interference with an emergency response plan or an
emergency evacuation plan? ❑ ❑
Environmental Evaluation - 1992 Final CIOSA Program EIR
The 1992 Final CIOSA Program E1R made the following conclusions regarding implementation
of the CIOSA agreement and development of the Upper Castaways site pursuant to the Planned
Community District Regulations:
• The proposed project will not involve a risk of an explosion or the release of hazardous
substances in the event of an accident or upset conditions.
• The project will not interfere with an emergency response plan or an emergency evacuation
plan.
• The project will not result in the exposure of people to potential health hazards.
These conclusions were based on discussions contained in the March 29, 1991 Initial Study
prepared for CIOSA agreement which was used to focus the Program EIR. The Initial Study was
included in Volume II, Appendix A of the 1992 Final CIOSA Program EIR. Its conclusions
related to Energy and Natural Resources were reiterated on,pages 416 - 417 of Volume I of the
1992 Final Program EIR.
Environmental Evaluation - Upper Castaways Site Plan and Tentative Tract Map
Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final
CIOSA Program EIR. Development of the residential portion of the Upper Castaways site, as
36
detailed in the proposed site plan and tentative map, will not create any significant adverse
impacts related to human health or risk of upset. The number of residential units proposed on the
site plan is 119 units which is 32 units less than the 151 units entitled by the CIOSA Agreement
and allowed by the City's General Plan and Planned Community District Regulations. Access to
and from the site is substantially similar to that assumed in the 1992 analysis. Existing and
planned land uses surrounding and near to the site are the same as assumed in the 1992 analysis.
There have been no substantial changes in the local or regional conditions that would change the
conclusions of the 1992 Final CIOSA Program EIR.
ENERGY/NATURAL RESOURCES
ENERGY.
Will this subsequent activity result in any impacts not identified in the certified Program EIR
prepared for the project, in the following areas:
Yes Maybe No
a) Use of substantial amounts of fuel or energy? ❑ ❑ 14
b) Substantial increase in demand upon existing sources
of energy or require the development of new sources
of energy? b ❑ 10
NATURAL RESOURCES.
Will this subsequent activity result in any impacts not identified in the certified Program E1R
prepared for the project, in the following areas:
a) Increase in the rate of use of any natural resources? ❑ ❑ 91
Environmental Evaluation - 1992 Final CIOSA Program E1R
The 1992 Final CIOSA Program EIR made the following conclusions regarding implementation
of the CIOSA agreement and development of the Upper Castaways site pursuant to the Planned
Community District Regulations:
• The project will not increase the rate of uses of any natural resources.
• The project will not substantially deplete any non-renewable natural resource
• The project will not result in the use of substantial amounts of fuel or energy.
• The project will not substantially increase the demand upon existing sources or energy, or
require the development of new sources of energy.
37
.53
0 0
These conclusions were based on discussions contained in the March 29, 1991 Initial Study
prepared for CIOSA agreement which was used to focus the Program EIR. The Initial Study was
included in Volume II, Appendix A of the 1992 Final CIOSA Program EIR. Its conclusions
related to Energy and Natural Resources were reiterated on pages 416 - 417 of Volume I of the
1992 Final Program EIR.
Environmental Evaluation - Upper Castaways Site Plan and Tentative Tract Mao
Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final
CIOSA Program EIR. Development of the residential portion of the Upper Castaways site, as
detailed in the proposed site plan and tentative map, will not create any significant adverse
impacts related to energy/natural resources. The number of residential units proposed on the site
plan is 119 units which is 32 units less than the 151 units entitled by the CIOSA Agreement and
allowed by the City's General Plan and Planned Community District Regulations. Demand for
energy and other natural resources will be even less than what was assumed in the 1992 Final
CIOSA Program EIR. There have been no substantial changes in local or regional conditions
that would change the conclusions of the 1992 Final CIOSA Program EIR.
38 1-5y
IV. FINDING OF SIGNIFICANCE
As discussed in Section III, CEQA allows a program EIR to be used to simplify the task of
preparing environmental documents on later parts of the program. Among several uses the
program EIR can provide the basis in an Initial Study for determining whether the later activity
may have significant effects (CEQA Guidelines, section 15168, subd.(d).)
CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR
prepared for an earlier project, if the project for which the negative declaration is prepared will
not cause any significant effects or in the case of a mitigated negative declaration no effects which
cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b)
and 15153, subd,(c).)
This Initial Study analyzed the proposed site plan and tentative map for the Upper Castaways
residential development based on information contained in the previously certified 1992 Final
CIOSA Program EIR and any new information which has become available regarding the project,
The assumptions and conclusions of the 1992 Final CIOSA Program Elk have been found to be
valid and appropriate for use in evaluating the current proposal. The Initial Study has found that
there are no new potential significant adverse impacts which cannot be eliminated or mitigated to
a level of insignificance.
Attachment
Mitigation Monitoring Program Summary
Circulation Improvement and Open Space Agreement
39
Attacbment 4.
MITIGATION MONITORING PROGRAM SUMMARY
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
Implementing Method of Timing of Responsible
Mitigation Measure Action Verification Verification Person
Aesthetics/lieht and Glare
1. In conjunction with site plan review, the project Condition of Plan check Prior to site plan Planning Dept.
proponent shall prepare a detailed temporary grading and land- Approval approval plan checker, PB&-
scape plan for the bluff top setback area for the purpose of R/Building/Public
minimizing bluff erosion. If graded slopes from a development Works Depts.
area extend into the bluff top setback area, as proposed by the
PC Text, the project proponent shall prepare detailed final
grading and landscape plans for the bluff top setback area.
The plan shall be reviewed and approved by the Parks, Beaches
and Recreation Department, Planning Department, Public
Works Department, and Building Department.
C�t�SR:z.'1
;•
2. The City shall prepare a circulation improvement
Condition of City Council
Annual
Public Works
monitoring program to direct expenditures of funds received
approval; prepare- approval
Director, Planning
under the Development Agreement to make improvements and
tion & review of
Director
to monitor the status of those improvements. The list of im-
CMP/GMP/DA
provements to be implemented shalt initially be based on those
identified on Table V, with prioritization established based on
technical need and ability to implement them in a timely man-
ner. Fletn'bility to add or delete projects on the list should be
maintained to respond to actual changes in traffic volumes and
the ability of the City to accomplish improvements so long as
the projected Net Benefit to the circulation system is main-
tained. Thereafter, a review of the improvements' priority and
implementation status shall be done in conjunction with the
City's annual Congestion Management Program and Growth
Management Program analysis and the annual rsview of the
Development Agreement.
3. The applicant or suocesor in interest shall construct
Condition of Plan check
Prior to recordation
Planning Dept.
or post bond for all frontage improvements identified in the
approval
of final subdivision
plan checker, Sub -
Development Agreement and listed in Table B of the Program
map for each parcel
division Engineer
EIR. -
with improvements.
Mitigation Measure
Mrl7GNIION MONMOIUNG PROGRAM SUMMARY, rant.
CIRCUTATION IMPROVEMIDU AND OPEN SPACE AGREEMIWP
Implementing
Action
Method of Thmingof Responsible
Verification Verification Person
4. All grading related to the project shall be conducted
Condition of
Plan check
Prior to issuance of
Building Dept. plan
in accordancerwith SCAQMD Rule 403. This mitigation mea-
approval
field inspection
gradingpermits
checker; grading
sure shall be made a condition of all grading permits related to
inspector
the project.
S. After clearing, grading, earth moving, or excavation
Condition or
Plan cheek;
Prior to grading
Building Dept plan
operations white construction activities are being conducted,
approval
field inspection
permits
checker; grading
fugitive dust emission shall be controlled using the following
inspector
procedures:
• Graded sections of the project that will not be fur-
ther disturbed orworked on for long periods of time
(three months or mom) shalt be seeded and watered
or covered with plastic sheeting to retard wind ero-
sion.
• Graded sections of the project which am undergoing
further disturbance or construction activities shall be
sufficiently watered to prevent excessive amounts of
dust.
These mitigation measures shall be made a condition of all
grading permits related to the project
6. Duringgodingand construction activities, the appti-
Condition of
Plan check; Geld
Prior to grading
Building Dept plan
cant shag further control fugitive dust emissions using the
approval
inspection
permits
checker, grading
following measures:
inspector
• O"te vehicle speeds on unpned roads shall be
limited to u miles per hour. Entrances to all on -
site roads shall be potted with a sign indicating the
matumum speed limits on all unpaved roads.
• An areas with vehicle traffic shall be periodically
watered.
• Streets adjacent to the project site shall be swept as
needed to remove silt which may have accumulated
Mitigation Measure
MITIGATION MONITORING PROGRAM SUMMARY, rant.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
Implementing Method of Timing of Responsible
Action Verification Verification Person
from construction activities so as to prevent atrumu-
lations of excessive amounts of dust.
These mitigation measures shall be made a condition of all
grading permits related to the project.
7. Office and commercial development on the Corpo-
rate Playa West and Bay View landing site shall also partici-
Condition of Plan check
approval
Prior to occupancy
Traffic Engineer
pate in the Centerride program currently in operation in the
permit for Corporate
Playa West or Bay
Newport Center area. Evidence of intent to participate shall
View landing
be provided to the City of Newport Beach Building Depart-
ment prior to issuance of occupancy permit.
8. Bicycle racks shall be required in accordance with
City ordinance Plan check
Prior to occupancy
Traffic Engineer
the City of Newport Beach Transportation Demand Ordinance.
permit
9. Construction of related frontage improvements shall
Condition of Plan check
Prior to occupancy
Planning/Building
include bus turnouts and shelters if determined to be necessary
approval
permit
Dept. plan checkers;
and desirable by the Orange County Transit District and/or
OCID;•lrffc Engi-
the City of Newport Beach. Prior to final design and,cons wo-
neering Dept.
tion of any frontage improvements, the City of Newport Beach
shall contact the Orange County Transit District to determine
if any bus turnouts or shelters wilt be required.
10. All development shall include street and security
Condition of Plan check
Prior to building
Planning/Building
lighting (in parking lots and pedestrian walkway areas) which is
approval
permit
Dept. plan checkers;
energy conserving. A lighting plan shall be submitted for all
development which demonstrates compliance with this measure.
Public Works Dept.
The plan shall be reviewed by the Planning Department and
approved by the Department of Public Works.
11. Residential, commercial and office development shall
Condition of Plan check
Prior to occupancy -
Planning/Building
be landscaped with an emphasis on drought resistant plant
approval
permit
Dept. plan checkers;
speeies which will shade buildings and reduce water and energy
Public Works Dept.
consumption during the summer. A landscape plan shall be
submitted for all development which demonstrates compliance
with this measure. The plan shall be reviewed by the Planning
Department and approved by the Department of Public Works
prior to issue oc of an occupancy permit.
MITIGATION MONITORING PROGRAM SUMMARY, rant.
CIRCULATION IMPROVEMENTAND OPEN SPACE AGREEMENT
Mitigation Measure
12 The applicant shall ensure that all residential lots
and dwellings are sound attenuated against present and pro-
jetted noise, which shall be the sum of all noise impacting the
project, so as not to exceed an exterior standard of 6.5 dB
CNEL in outdoor living areas and an interior standard of 45
dB C NEL in all habitable Looms Evidence shall be prepared
under the supervision of a City certified acoustical consultant
which demonstrates that these standards will be sated in a
mutter consistent with applicable zoning regulations and sub-
mitted as follows:
A. Prior to the recordation of a final tract/parcel map
or prior to the issuance of Grading Permits, at the
sole discretion of the City, an Acoustical Analysis
Report shall be submitted to the Cdyws Advance
Planning Manager for approval. The report shall
describe in derail the erteriornoise environment and
preliminary mitigation measures. Acoustical design
features to achieve interior noise standards may be
included in the report in which caseit may also
satisfy'B• below.
B. Prior to the iss mc^ of any building permits, an
acoustical analysis report desmbing the amusucat
design features of the structures required to satisfy
the exterior and interior noise standards shall be
submitted to the Advance Planning Manager for
approval along with satisfactory evidence which
indicates that the sound attenuation measures speci-
fied in the approved acoustical reports) lase been
incorporated into the design of the prcjccL
C. Prior to the issuance of any building permits, all
freestanding acoustical barriers most be shown on
thepn$ects plot plan illustrating heigh4locatiot and
construction in a manner meeting the approval of
the Citys Advance Planning Manager.
Implementing Method of Tuning or Responsible
Action Verification Verification Person
Condition of
approval
(` 4
Plan check;
field testing
Prior to map
recordation/grading
permits/building
permits/occupancy
permits
Advance Planning
Manager
0
i
Mr1lGATION MONrrOR1NG PROGRAM SUMMARY, rant.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
Mitigation Measure
D. Prior to the issuance of any Certificates of Use and
Occupancy, field testing in accordance with Title 25
regulations may be required by the Planning Direc-
tor to verify compliance with SIC and IIC design
standards.
13. All non-residential structures shall be sound attenu-
ated against the combined impact of all present and projected
noise from exterior noise sources to meet the interior noise
criteria as specified in the -Noise Element.
Prior to the issuance of any building permits, evidence shall be
prepared under the supervision of a City certified acoustical
consultant that these standards will be satisfied and shall be
submitted to the Manager, Advance Planning in the form of an
Acoustical Analysis Report describing in detail the exterior
noise environment and the acoustical design features required
to achieve the interior noise standard and which indicate that
the sound attenuation measures specified have been incorpo-
rated into the design of the project.
Implementing Method of Timing of Responsible
Action Verification Verification Person
Condition of
approval
14. All freestanding acoustical barriers shall be a berm, Condition of
wall or combination berm and wall. Walls shall not contain approval
holes or gaps. Walls shall be constructed of slumpstone or
other masonry material. Final acoustical battier heights and
locations shall be determined when final grading plans are
developed showing lot locations, house/building setbacks and
precise pad elevation.
79. At the time specific site plans and grading plans are Condition of
prepared and submitted for review and approval by the City, approval
the City shall review the plans in conjunction with the environ-
mental review process to confirm that the mitigation measures
provided will adequately control construction impacts potential-
ly impacting the Newport Harbor Lutheran Church, especially
its pre-school operations If necessary, additional conditions
related to construction activities maybe placed on the project.
3
Plan check
Plan check
Plan check
Prior to building
permits
Prior to precise
grading permits
Prior to site plan
approval or grading
permit
Planning Dept. plan
checker, Advance
Planning Manager
Building Dept. plan
checker
Planning/Building
Dept. plan checkers
Ll
0
MITIGATION MONITORING PROGRAM SUMMARY, rant.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
Mitigation Measure
I5. Pursuant to Section 1601-1603 of the State of Cali-
fornia Fish and Game Code, the California Department of Fish
and Game shall be notified of any alterations to strambed
habitats. The applicant or any successors in interest shall be
responsible for notifying the Department of Fish and Game
regarding any grading related to residential development and
associated improvements as the San Diego Creek South, Up-
per Castaways, Newporter North, and Freeway Rcwntion
sites which would alter streambed habitats. The applicant or
any successor in interest shall notify the Department of Fish
and Game and obtain any necessary permit prior to the issu-
ance of a grading permit. Copies of proper notification and
necessary peen its shall be provided to the City of Newport
Beach prior to issuance of a grading permit. The City -of New-
port Beach $ball be responsible for notifying the Department
of Fah and Game regarding any grading related to any public
improvements (cc. trails, recreational facilities, roads, drainage
facititics� eon) in areas designated for open space, public fatiti-
ties, and/or parks which would alterstreambed habiats. The
City of Newport Beach shall notify the Department of Fab and
Game and obtain any necessary permits prior to commence-
ment of any grading which could alter the streambed habitat.
The permits issued by the Department of Fah and Game pur-
suant to Sections 1601-1603 may require additional mitigation
measures deemed netessuy, by the Department.
16. Wetland delineation studies in accordance and con-
junction with the California Department of Fah and Game and
US Army Corps of Engineers permitting processes shall be
performed for any wettand which will be impacted by grading
and construction activities The applicant or any successor in
interest shalt be responsible for conducting the wetland delin-
ation studies for wetlands impacted by residential develop.
ment or associated improvements on the Newporter North and
Upper Castaways sites If residential development or associat-
ed improvements on the San Diego Creek South or Freeway
Reservation sites encroach into the Bonita Creek wetland, the
applicant or anysuoeasor in interest shall be responsible for
ronductingthiewettanddelinationstudy. TheCityofNewport
Implementing
Action
Condition of
approval; Cal. FCC
Condition of
approval
R
Method of
Verification
Plan check
Phan check
Timing of
Verification
Prior to grading
permits for San
Diego Creek South,
Upper Castaways,
Ncwporter North or
Freeway Reserva-
tion, or any public
project affecting
stra nbeds
Prior to grading
permits for any
wetland area
Responsible
Person
Planning/Building
Dept. plan checkers;
Public Works Dept.
Planning/Building
Dept. plan checkers,
Public Works Dept.
LJ
,10
MITIGATION MONITORING PROGRAM SUMMARY, rant.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT'
Mitigation Measure
Beach shall be responsible for conducting the wetland delinea-
tion studies for wetlands impacted by any public improvement-
s/facilities in areas designated for open space, public facilities,
and/or parks which will encroach into wetlands. The studies
shall occur at the time specific site plans and grading plans are
available and prior to issuance of any grading permits or com-
mencement of grading activities in areas containing wetland
habitat.
Implementing Method of Timing of Responsible
Action Verification Verification Person
17. Public use and related facility development for areas Condition of
proposed for natural open space and passive park uses within approval; standard
the Upper Castaways, Newporter North, Newporter Knoll, Bay CEQA compliance
View Landing, Freeway Reservation, and Jamboree/MacArthur
sites shall be designed to be sensitive to existing biological re-
sourcm To this end, facility plans and public uses for these
areas shall be prepared in consultation with a qualified biolo-
gist who shall determine that such plans and uses do not ad-
versely impact sensitive resources identified on these sites (e.g.
wetlands, coastal sage scrub, etc.), If necessary, additional
environmental documentation shall be prepared at the time
facility plans are prepared to determine if significant adverse
impacts beyond those anticipated in this Program EIR wilt
occur. If new significant adverse impacts are identified, addi-
tional mitigation measures shall be adopted.
18. Grading, earthmoving, and any related construction Condition of
activities related to residential development and associated approval
improvements on the Upper Castaways, San Diego Creek
South, Bay View Landing, and'Newporter North sites shall be
restricted as follows: Upper Castaways and Newporter North -
No grading (except that necessary for trail establishment and
improvements, erosion control, bluff stabilization or prepam-
tion of the development area), stockpiling of soil or operation
of equipment shall take place within the bluff top setback area
established by the Bluff Top setback Ordinance. San Diego
Creek South - No grading, stockpiling of soils, or operation of
equipment shall encroach into the area of Bonita Creek beyond
the existing 15 foot elevation contour. Newporter North - No
grading, stockpiling of soils or operation of equipment shall
take place within the 40 foot property line setback area estab-
lished by the Bluff Top Setback Ordinance except that neoes-
I � %
Standard CEQA Prior to approval of
compliance review public facility plans
for natural open
space/passive park
areas
Plan check Prior to grading
field inspection permits for Upper
Castaways, San Die-
go Creek South,Bay
View Landing and
Newporter North
Environmental 10
Coordinator
Planning/Building
Dept. plan checkers;
grading inspector •
MrIIGATiON MONITORING PROGRAM SUMMARY, rant.
CIRCULATION IMPROVEMENT AND OPEN SPACEAGREEMENP
Mitigation Measure
saty for trail establishment and improvements, erosion control,
bluff stabilization, or preparation of the development area; or
below the lessor of the 60 foot elevation contour or a line I00
feet from a formally delineated wetland in John Wayne Gulch
freshwater marsh. Bay View Landing -no grading, stockpiling
of soil or operation of equipment shall encroach into the hill-
side above the 25-foot contour of the lower development area
Implementing Method of Timing of Responsible
Action Verification Verification Person
19. Prior to grading and/or constructing any public Condition of Plan check
Prior to grading Planning/Building
facility on the San Diego Creek North site which will encroach approval
permits for San Dept. plan checkers;
into the on -site freshwater marsh, the City, of Newport Beach
Diego Creek North ACOE/USFWS/-
(or other public agency responsible for development of the
DFG
public facility) shall approve and begin implementation of a
plan which shall offset the loss of wetlands: This plan shall re -
Beet all mitigation requirements of any State orFedcrat agency
having jurisdiction over the affected wetland& Offsets shall be
achieved by either creating a new freshwater -marsh on -site or
enhancing and expanding an existing freshwater marsh in or
near the San Diego Creek and Upper Newport Bay Ecological
Reserve.
20. Prior to grading and/or contracting any -residential
Condition of Plan check
Prior to grading
Planning/Building
developtent or associated improvement on the Upper Cut-
approval
permits for Upper
Dept. plan cbeckers;
:ways site which will encroach into the on -site freshwater
Casnways
ACOE/USFWS/-
marsh, the applicant orsuccessor in interest shall prepare and
DFG
begin implementation of a plot which shall offset the loss of
wetlands. This plan shall reflect all mitigation requirements -of
any State or Federal agency having jutisdution over the affect-
ed wetland& Offsets shall be achieved by either treating a new
freshwater mush o"te or embandog and expanding art edu-
ing freshwater marsh in or near the Upper Newport Bay Eco-
logical Reserve. A copy of the plan and all rehired permits
shall be presented to the City of Newport Beach prior to issu-
ance of a grading permit.
21. Prior to grading and/or constructing any residential
Condition of Plan chock
Prior to grading
Planning/Building
development or associated imptovement on the Newporter
approval
permits for Newpo-
Dept. plat checkers:
North site which will encroach into the on -ate freshwater
rter North
ACOE/USFWS/-
marsh, the applicant or successor in interest shalt prepare and
DFG
begin implementation of a plan which shall offset the kiss of
wetlands. This plan shall reflect an mitigation requirements of
•
i
MITIGATION MONITORING PROGRAM SUMMARY, cons.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT'
Mitigation Measure
any State or Federal agency having jurisdiction over the affect-
ed wetlands. Offsets shall be achieved by either creating a new
freshwater marsh on -site or enhancing and expanding an exist-
ing freshwater marsh in or near the Upper Newport Bay Eco-
logical Reserve. A copy of the plan and all related permits
shall be presented to the City of Newport Beach prior to issu-
ance of a grading permit.
22. Development on the San Diego Creek South site
shall be designed so as to reduce the amount of light and glare
which could potentially spill over into the wetland habitats of
Bonita Creek and San Diego Creek and which could also im-
pact the functioning of these creeks as wildlife corridors. This
can be achieved by a variety of means including a combination
of sensitive siting of lighted buildings, use of lighting systems
which conceal the light source and minimize light spillage and
glare; screening walls/bemir and dense landscaping along the
edge of the development. Any landscaped edge screening shall
include non-invasive trees and shrubs. The plant palette for
the screening vegetation shall consist of dense,.evergreen spe-
cies which, when mixed, achieve canopy and understory of
elements to provide as much screening as possible. The site
plan and landscape plan for this edge shalt be prepared in
consultation with a City -approved, qualified biologist. The site
plan and landscape plan shall be approved by the City Planning
Department prior to issuance of building permits.
Implementing
Action
Condition of
approval
23. Prior to commencing grading, all wetlands habitat in Condition of
areas intended for preservation shall be temporarily fenced. approval
This measure shall pertain only when grading, stock -piling, or
other construction activities are proposed within 100 feet of the
boundaries of the wetland area A plan identifying the wetland
area and the location of the fencing shall be submitted to the
City of Newport Beach prior to issuance of any grading permit.
Method of
Verification
Plan check
Plan check
Timing of
Verification
Prior to building
permits for San
Diego Creek South
Prior to grading
permits for any
development within
100 feet of a wetland
area
Responsible
Person
Planning/Building
Dept, plan checkers
Planning/Building
DepL plan checkers;
Grading Engineer
0
MITIGATION MONITORING PROGRAM SUMMARY, rant.
CIRCULATION IMPROVEMENT AND OPEN SPACEAGREFMENl
Mitigation Measure
24. This measure shall apply to the Newporter North,
Newporter Knoll, Bay View landing, Upper Castaways, San
Diego Creek South and San Diego Creek North sites. Rcve-
getation of cut and fill slopes, bluff stabilization/rnmediation
areas, fuel modification zones and other graded areas adjacent
to existing sensitive habitat areas (eg. at the edge of develop-
ment of residential, public facilities, or recreational areas) shall
ber accomplished with plant palettes containing predominantly
native species. Steeper slopes (grater than 2:1) shalt be reve-
gctated with a mixture of coastal sage scrub species including
California sage brush which now dominates coastal sage scrub
used by Glifomia guatcatchers. Portions of more level areas
shall be revegeated with species of native perennial grasses in
an attempt to establish native grassland An expert in lsnd-
swpe revegetation, who is knowledgnble and qualified in na-
tive plant mixtures shall provide consultation into the prepara-
tion of landscape plans to ensure that this measure -is complied
with. Landscape: plans shalt be approved by the City Panning
Department prior to issuance of building permits for private
development or commencement of grading for public facilities
and public recreational uses.
25. Aft non- rgency grading related to bluff stabili-
vtion/remediatton on the Newporter North and Bay Vicw
Landing sites stall occur during the non-brceding season for
the California gnateatcher. The nonittecding season is from
August 1 to January 31.
?g. Prior to approval of site pans or subdivision and/or
City approval of a park development plan (whichever comes
lust), fhe City shall retain a biologist to further assess the
potential for human and pet intrusion into the coastal sage
scrub habitat supporting the California gaatatcher population.
This assessment shall be at the cost of the developer if related
to site plans or subdivision, or at the tat of the City if related
to the park development plan. If the level of expected intru-
sion is considered to be of sufficient magnitude to significantly
impact the California goatatcherpopuations on site, mitiga-
tion measures shall be designed and placed as conditions on
the project to reduce the impact to fhe eaten feamble. Such
design and operational measures could include permwerfene-
Implementing
Method of
Timing of
Responsible
Action
Verification
Verification
Person
Condition of
Plan checl; submittal
Prior to building
Planning/Building
approval
if biological report
permits for private
Dept. plan checkers
by applicant
development or
prior to grading for
public facilities adja-
cent to sensitive
habitat areas in
Newporter North,
Newporter Knoll,
.
Bay Vim Iandin&
Upper Cutaways,
San Diego Creek
North or San Diego
Creek South
Condition of Plan check; Prior to grading Planning/Building
approval inspection permits for Newlin- Dept. plan checkers;
rter North or Bay grading inspector
View Landing
Condition of Pan check Prior to site plan/ Planning/Building
approval tentative map or Dept pan checkers
park development
Plan approval
10
MITIGATION MONITORING PROGRAM SUMMARY, cons.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
Implementing
Mitigation Measum Action
ing, homeowner and community educational programs about
the potential impact of cats on wild birds, programs for tmp-
ping and removing problem animals.
81. The Cry of Newport Beach shall consult with the Condition of
Transportation Corridor Agency prior to final design and ap- approval
proval of any public facility or recreational facility on the San
Diego Creek North site to determine feasible design and land-
scaping measures which will avoid interfering withtheviability
of the San Diego Creek Northern Marsh Creation site as wild-
life habitat. If the Bayview Way extension is not extended
across the site, a landscaped buffer area will be provided be-
tween any recreational or public facility uses and the Marsh
Creation project site.
82 At the time of adoption of a parcel/subdivision map Condition of
for the San Diego Creek South Site, the property line/develop• approval
ment area boundary shall be established at a minimum of 20
feet from the toe of the existing slope adjacent to Bonita
Creek This distance, in combination with the required build-
ing setback of 5 feet, will create a minimum 25 foot buffer
from Bonita Creek.
83. The precise details of any mvegetation / replacement Condition of
program will be developed in conjunction with review and approval; CEQA
approval of design and grading plans when the exact nature compliance
and extent of impacts am known. Any such programs will be
subjected to full environmental review pursuant to CEQA.
Consultation with all interested and -affected resource agencies
will occur as part of formulating and evaluating mvegetation _
programs. Given recent successful revegetation programs in
Orange County, such as those conducted in Crystal Cove State
Park, it is fully reasonable• to expect that a properly prepared
revegetation program will be successful in mitigating impacts.
� 11
Method of
Verification
Plan check
Plan check
Plan check
Timing of
Verification
Prior to final design
approval for any
public or recreation-
al facility on San
Diego Creek North
Prior to tentative
map approval for
San Diego Creek
South
Prior to site plan
approval or grading
permits
Responsible
Person
Planning/Building
Dept. plan checkers;
Public Works Dimc-
tor
Planning Dept. plan
checker, Subdivision
Engineer
Planning Dept plan
checker, Environ-
mental Coordinator
L]
•
MMGATION MONITORING PROGRAM SUMMARY, cant
CIRCUTA77ON IMPROVEMENT AND OPEN SPACE AGREEMENT'
Mitigation Measure
Implementing Method of
Action Verification
Timing of
Verification
Responsible
Person
84. Prior to the issuance of a grading permit for the
Newporter North site, the project proponent shall contribute
Condition of Plan check
approval
Prior to grading
Planning/Building
up to 310,000 to complete an Upper Newport Bay Coyote Mo.
permits for
Newporter North
Dept. plan checkers;
USbWS
nitoringStudy, to be conducted under the direction of the UZu
Fish and Wddlife Service. The study, shall be completed prior
to the commencement of grading. The study shall include
gathering data to establish a pm -construction baseline measure -
meat of the number and frequency of coyotes using the lower
portion of Upper Newport Bay in the vicinity of the Newporter
North site.
If, after Commencement of construction, it is demonstrated by
the U.S. Fish and Wddlife Service that there has been a signify
ant decrease in the population of coyotes in the vicinity of the
Newporter North Site, due solely to development of the site,
and, this decrease in coyote population bat had a detrimental
effect on sensitive bird species in the am, the project propo-
neat shall contribute up to 325,0DO toward an animal manage -
meat program to be administered by the Resource Agency
managing the Upper Newport Bay Ecological Resetvc.
aoaros
aril Seatmitity
24 Buildings four stories in height or higher shall be
Condition of Plan check
Prior to budding
Budding Dept plan
designed in accordance with requirements forscismic zone 4 as
approval
permits for any
check m
outlined in Chapter 23 of the Uniform Budding Code and/or
structure of 4 or
with the benefit of a site specifiescismieground response spec-
more stories
tram study, which would be prepared by the project geotecM-
ial consultant and structural engineer to allow matching of
building period with site period. The structural plans and/or
ground response study shall be completed to the satisfaction of
the Budding Departmentprior to issuance of a building permit
27. Budldings less than four storks in height shall be
Condition of Plan check
Prior to building
Budding Dept plan
designed by a Structural Engineer in accordance with UBC
approval
permits for $true-
checkers
Chapter 23 requirements for Seismic Zone 4. Non -critical
tureswith Rwerthan
structumshatl be designed to withstand stmngground shaking
4 stories
that may accompany a maximum probable earthquake along
12
•
CJ
MITIGATION MONITORING PROGRAM SUMMARY, rant.
CIRCULATION IMPROVEMENT' AND OPEN SPACE AGREEMENT
Mitigation Measure
the Newport -Inglewood Fault. Critical structures (i.e, hospi-
tals, fire/police facilities, schools, etc.) shall be designed to
withstand strong ground shaking associated with a maximum
credible earthquake on the Newport -Inglewood Fault. Stmc-
rural plans, including seismic design calculations/parameters,
shall be approved by the City Building Department prior to
issuance of building permits.
28. Habitable buildings shall not be placed adjacent to
(above or below) slopes or bluffs where seismic induced slope
or bluff failure could occur. Though the City has established a
Bluff Setback Criteria for development on the top -of -bluff
(Development Policy D.2.b.1 of the Newport Beach General
Plan, January 21, 1991, and Newport Municipal Code section
20.151.080), the City minimum setbacks may not necessarily be
adequate from a geotechnic tl viewpoint concerning bluff/slope
instability during an earthquake. Areas potentially prone to
such failures -shall be identified and further evaluated by the
project Gcotechnical Consultant during the Tentative Tract
Map review and Grading Plan review stage. The evaluation
shall be prepared to the satisfaction of the Building Depart-
ment prior to the issuance of grading permits. Grading and
building plans shall reflect the recommendations of the evalu-
ation to the satisfaction of the Building Department
29. In accordance with the Alquist-Priolo Special Studies
Zone Act, a Registered Geologist shall further evaluate and
make recommendations regarding the potential for ground
surface rupture effecting proposed development onaitcs where
'Potentially Active Faults" have been identified (Bay View
Landing and Fretway Reservation sites) or on any other of the
sites where Potentially Active Faults are identified in the fu-
ture. The study shall be prepared to the satisfaction of the
City Building Department and shall be prepared prior to ap-
proval of a tentative tract map or grading permit whichever
comes first. Grading and building plans shall reflect the rec-
ommendations of the study to the satisfaction of the Building
Department.
a
Implementing
Action
Condition of
approval
Condition of
approval
13
Method of
Verification
Plan check
Plan check
Timing of
Verification
Prior to tentative
map approval or
grading permits
Prior to tentative
map approval or
grading permit
Responsible
Person
Building Dept. plan
checkers
Planning/Building
Dept. plan checkers
0
MITIGATION MONrrORING PROGRAM SUMMARY, coat.
CIRCUTATION IMPROVEMEW AND OPEN SPACE AGREEMENT
Implementing Method of Timingof Responsible
Mitigation Measure Action Verification Verification Person
30. Sites where the potential for liquefaction has been
identified, or any other site where the potential for liquefaction
may be encountered during subsequent imKstigations, shall be
further evaluated by geotechniat consultant The evaluation
shall include subsurface investigation with standard penetration
tcstingor other appropriate means of analysis for liquefaction
potential. The project geotechnial consultant shall provide a
statement concerning the potential for liquefaction and its
parable impact ore proposed development. If necessary, the
geotecbifwg consultant shall pwdde mitigation measureswhich
could include mechanical deasifiation of liquefiable layers;
dewatering, fill surcharging or other appropriate measures.
The Geotechnial Consultamrs report shall be signed by a
Certified Engineering Geologist and a Registered Civil Engi-
neer and shall be prepared to the satisfaction of the Building
Department prior to iwunceofGading Permit Gadingand
building plans shall reflect the recommendations of the study
to the satisfaction or the Building Department
31. Any necessary diven5on devices, catchment devices,
or velocity reducers shall be incorporated into the grading plan
and approved by the City Grading Engineer prior to issuance
orgadingpernium Berms or other catchment devices shall be
incorporated into the grading plans to divert sheet Bow runoff
away from areas which have been stripped of natural vegeta-
tion. Velocity reducers shalt be incorporated into the design,
especially where drainage devices exit to natural ground.
32 All hill slopes shall be property compacted during
grading in conformance with the City Grading Code and veri-
fied by the project Geotechnkat Consultant Stops shall be
planted with vegetation upon completion- of grading Confor-
mance with this measure shall be verified by the Gty Grading
Engineer priorto the Dance of omrpancypesmits.
Condition of Plan check Prior to grading Building Dept plan
approval permits checker
Condition or Plan check Prior to grading Building Dept plan
approval permits checker
Condition of Plan check Prior to grading Budding Dept. Ilan
approval permits checker
q�- 14
s+
MMGATION MONITORING PROGRAM SUMMARY, cont.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
Mitigation Measure
Implementing
Action
Method of
Verification
Timing of
Verification
Responsible
Person
33. Berms and brow ditches shall be constructed to the
Condition of
Plan check
Prior to grading
Building Dept. plan
satisfaction and approval of the City Grading Engineer. Water
approval
permits
checker
shall not be allowed to drain over any manufactured slope face.
Topof--slope soil berms shall be incorporated into grading
plans to prevent surface runoff from draining over future fill
slopes. Brow ditches shall be incorporated into grading plans
to divert surficial runoff from ungraded natural areas around
future,cut slopes. The design of berms and brow ditches shall
be approved by the City Grading Engineer prior to issuance of
grading permits.
34. Prior to the issuance of grading permits, appropriate
Condition of
Plan check
Prior to grading
Building Dept. plan
artificial substances shall be recommended by the project land-
approval
permits
checker
'scrape architect and approved by the City Grading Engineer for
use in reducing surface erosion until permanent landscaping is
well established. Upon completion of grading, stripped areas
shall be covered with artificial substances approved by the City
Grading Engineer.
35. Drainage of both surface and subsurface water over
Condition of
Plan check
Prior to tentative
Building Dept. plan
or toward the bluffs on the Upper Castaways and Newporter
approval
map or site plan
checker
North sites shall be minimized. Though some drainage of
approval for Upper
rainwater over the bluff face cannot be avoided, drainage con.
CastawaysN or ewp
trot devices shall be designed to direct excess water from site
oRer North
improvements away from the bluff lace. Irrigation shall be
controlled to prevent ezcc sine infiltration into the subsurface.
The project Civil Engineer shall design grading plans to mini-
mize surface runoff over the bluff faces. The project Geot-
echnical Consultant shall provide recommendations to minimize
subsurface water migration toward the bluff faces prior to
approval of Tentative Tract maps or site plans. All design
criteria for the control of surficial and subsurface water shalt
be completed to the satisfaction of the City Grading Engineer.
Bluff and Slope Ioaabffily
36. The project gcoteehnical consultant shall review the Condition of Plan check Prior to grading Planning/Building
tentative tract map and grading plan for each site and prepare approval permits Dept. plan checkers
a report addressing all salient geoteehnical issues related to
bluff and slope stability of any existing bluff or slopes. These
15
•
MITIGATION MONITORING PROGRAM SUMMARY, rant.
CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT
Implementing
Mitigation Measure Action
reports shall include: 1) detailed analysis of field data including
surface and subsurface geological mapping; 2) laboratory test-
ing.resudts; 3) stability analysis of cusfing bluffs and proposed
slopes as illustrated on the tentative tract map or rough grad-
ing plan; 4) conclusions; 5) recommendations formitigation of
any identified unstable bluffs or slopes and/or for additional
investigation. These reports shall be signed by a Certified
Engineering Geolc& and a Registered Crv7 Engineer and
shall be completed to the atisfaetioo of the City Grading Engi-
neer prior to inuance of a grading permit
37. Prior to the issuance of grading perrej% the Project Condition of
geotechnial consultant and/or civil engineershall make written approval
recommendations for manufactured slope stabilization includ-
ing. but not limited to, buttressing, rock boiling, grouting, slope
gradient laybacks, or mtaining walls. All necessity recommen-
dations shall be included in the grading plan to the satisfaction
of the City Grading Engineer.
39. Though the City has esublished a Bluff Setback
Criteria for devebpment on the top -of -bluff (DevNopment
Policywb.1 of thitNimport Beach General Pun, January 21,
1991, and Newport Beach Municipal Code section 20.15Lo80),
the City minimum setbacks may not necessarily be adequate
from a geotechnial viewpoint conceming bluff/slope instabili-
ty, Prior to issuuarim of grading permits, appropriate safe bluff
top setback recommendations shall be determined by the pro-
ject Geotethniai Consultant based on the evaluation required
by Mitigation Measure 3 to the satisfaction of the City Grading
Engnecs
39. During -grading a geotechnial consultant shall mon-
itor grading operations to ensure that recommendations for
slope instability mitigation ate Implemented. Additionally, the
gectahnial consultant shall evaluate slopes mthey arc graded
through geologic mapping and andyric to ensure that no unan-
ticipated conditions are present Slope stabsMty mitigation
rccommendations may require modification during grading.
Compliance with this measure shall be vetiWby the Building
Department
Condition of
approval
Condition of
approval
16
Method of
Verification
Plan check
Plan check
Feld inspection
Timing of
Verification
Prior to grading
permits
Prior to grading
permits
During grading
Responsible
Person
Planning/Building
Dept plan checkers
Planning/Building
Dept. plan checkers
Grading inspector
i
0
MITIGATION MONITORING PROGRAM SUMMARY, cont.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
Mitigation Measure
Implementing Method of
Action Verification
Timing of
Verification
Responsible
Person
40. Prior to issuance of building permits, the geotechn-
Condition of Plan check
Prior to building
Planning/Building
ical consultant shall prepare a Rough Grading Report and As-
approval
permits
Dept. plan checkers
Graded Gcotechnicat Map for each graded site at the comple-
tion of grading of that site. The Report shall summarize and
document compliance with all mitigation measures. The Rough
Grading Report shall include a statement regarding the ade-
quacy of the manufactured slopes for their intended use and a
statement regarding the adequacy of the recommended bluff
setbacks. The report shall be signed by a Certified Engineering
Geologist and a Registered Civil Engineer and shall be appro-
ved by the City Grading Engineer.
Gompresble/GollapsibIc Soil
41. Prior to the issuance of grading permits, written Condition of Plan check Prior to grading Planning/Building
recommendations forthemitigationofcompressible/collapsible approval permits Dept. plan checkers
soil potential for each site shall be provided by the geotechnical
consultant. Foundation recommendations shall be included.
Recommendations shall be incorporated as conditions of ap-
proval for the site -specific tentative tract maps and grading
plans Lathe satisfaction of the City Grading Engineer. Recom-
mendations shall be based on surface and subsurface mapping,
laboratory testing and analysis. Mitigation, if necessary, could
include: removal and recompaction of identified compressi-
ble/collapsible zones, fill surcharging and settlement monitor-
ing, compaction grouting, or foundation design which utilizes
deep piles, or other recommended measures. The geotechnical
consultant's site -specific reports shall be signed by a Certified
Engineering Geologist and Registered Civil Engineer, and shall
be approved by the City Grading Engineer.
/Corrasive Soil
42. Written recommendations for the mitigation of ex- Condition of Plan check Prior to building Planning/Building
pansive and corrosive soil potential for each site, shall be pro- approval permits Dept. plan checkers
vided by the project corrosion consultant, geotechnical consul.
tant and/or Civil engineer. Foundation recommendations shall
be included Recommendations shall be based on surface and
subsurface mapping, laboratory testing and analysis and shall
V 17
Ll
MITIGATION MONITORING PROGRAM SUMMARY, rant.
CIRCULATION IMPROVEMENT' AND OPEN SPACE AGREEMENT
Mitigation Measure
be incorporated into final budding plans prior to issuance of
building permits. The geotecbnial consultanCs site-spettifie
reports shall be signed by a Certified Engineering Geologist
and Registered City Engineer, and shall be approved by the
City GradingEangjneer.
PTcar surfioe Grauedwater
43. The project gcotechnialconsultant and/or civil engi-
ricer shall prepare written site -specific revinvs of the tentative
tract maps and grading plans add. essingall salient gcotechnical
issues, including groundwater. These reports shall provide
findings, conclusions and recommendations regarding near -sur-
face groundwater and the potential forartifidally induced grou-
ndwater as a result of future development, and the effects
groundwater may have on existing or future bluffs, slopes and
structures. The reports shall also address the potential for
ground subsidence on the sites and properties adjacent to the
sites if dewatering is recommended. The geoteehnieal consul-
tant and/or civil engineers reports shall be signed by a Certi-
fied Engineering Geologstand Registered Civil Engineer and
shall be completed to the satsfaetiat of the Gty Grading Emgi-
neer prior to issuance of a grading permit. All recommenda-
tions of the reports shall be incorporated into the grading, site,
and building design to the satisfaction of the City Grading
Engineer and City Engineer.
Water Reaoaros
waaerQtrGty
44. Prior to the i suanee of grading permits, the appli-
cant shall provide to the BuWmZ and Public Works Depart-
mcats haul route plans that include a description of haul
routes, access points to the sites and watering and moping
program designed to minimize impacts of the haul operation.
Thew plans shall be reviewed and approved by the Public
Works Department- Copies of the plan shall be submitted to
the Citys Planning Department.
Implementing
Action
Condition of
approval
Condition of
approval
-d 18
Method of
Verification
Phan check
Plan check
Timing of
Verification
Prior to grading
permits
Prior to grading
Pits
Responsible
Person
Planning/Building
Dept plan checkers;
City Grading Engi-
neer City Engineer
Planning/Building
Dept. plan checkers,
Public Works Dncc-
tor
I
LJ
MITIGATION MONITORING PROGRAM SUMMARY, cant.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT'
Mitigation Measure
45. Prior to the issuance of grading permits, the appli-
cant shall incorporate the following erosion control methods
into grading plans and operations to the satisfaction of the City
Grading Engineer and Building Department.
a. An approved material such as straw, wood chips,
plastic or similar materials shall be used to stabilize
graded areas prior to revegemtion or construction.
b. Air-bome and vehicle-bome sediment shall be con-
trolled during construction by. the regular sprinkling
of exposed soils; and the moistening of vehicles
loads.
C. As approved material such as rip rap (a ground
cover of large, loose, angular stones) shall be used
to stabilize any slopes with seepage problems to
protect the top soils in areas of concentrated runoff.
d. During the period of construction activity, existing
vegetation which will be retained on -site shall be
protected from traffic by the use of fences. If ap.
propriate, buffer strips or vegetative filter strips,
such as -tall stands of grass, can be used as an alter-
native and/or supplementary method to protect
against sediment buildup.
46. Prior to the issuance of grading permits, the project
geoteehnical consultant and/or civil engineer shall develop a
plan for the diversion of stormwater away from any exposed
slopes during grading and construction activities. The plan
shall include the use of temporary right-of-way diversions (i.e.,
berms or swalm) located at disturbed areas or graded right-of-
ways. The plan will be approved by the City Engineer and
Building Departments and implemented during grading and
construction activities.
47. The applicant shall provide a temporary gravel en-
tranm located at every construction site entrance. The location
of this entrance shall be incorporated into grading plans prior
to the issuance of grading permits. To reduce or eliminate
Implementing Method of Timing of Responsible
Action Verification Verification Person
Condition of
approval
Condition of
approval
Condition of
approval
19
Plan check;
field inspection
Plan check;
field inspection
Plan check;
field inspection
Prior to grading
permits
Prior to grading
permits
Prior to grading
permits
Planning/Building
Dept. plan checkers;
grading inspector
Planning/Building
Dept. plan checkers,
grading inspector
Planning/Building
Dept. plan checkers;
grading inspector
1]
0
MMGATiON MONrrORING PROGRAM SUMMARY, rant.
CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMP.Nf
Mitigation Meamm
mud and sediment carried by vehicles or runoff onto public
rights-ofavay, the gravel shall cover the entire width of the en-
trance, and its length shall be no less than fifty feet. The en-
trance plans shall be reviewed and approved by the City Engi-
neer and Grading Engmeerconcurreat with review and approv-
al of grading ptans
4& The applicant shall construct filter berms or other
approved device for the temporary gravel entrance. The berms
shall comsirt of a ridge of gravel placed across graded rightor-
wayr to decrease and filter nmoff levels white permitting con-
struction traffic to continue. The location of berms shall be
incorporated into gradingplaas prior to the issuance of grading
permits. The plans shall be reviewed and approved by the City
Grading Engineer.
49. During grading and construction, the applicant shall
provide a temporary sediment basin located at the pant of
greatest runoff from any construction area. The location of
this basin shalt be incorporated into grading plans. It shall
consist of an embankment of compacted soils across a drain-
age. The basin shall not be located in an area where its failure
would lead to a loss of life or the loss of service of public ub'6-
ties or roads The plan shall be reviewed and approved by the
City Grading Engineer.
74. Prior to issuance of gtadingpemii%the applicant or
successor in interest shall prepare a plan for approval by the
City of Newport Beads Grading Engineer for the control of
accidental a^ litter, and solid waste disposal during grading
andconstsuetion. Btdstingpotidesand stamdscdsoftheCityof
Newport Beach and Fire Department shall be incorporated
The plan shall be implemented as necessary during grading and
construction activities
75. Any recorded CC&Rs shalt incorporate mandatetto
the Homeowner's Assoeiabons, commercial properties mange -
meat and apartment mamtgement companies regarding:
Eettilm' er/Pestitide/Herbkdde mango-
meat practices
Implementing Method of Timing of Responsible
Action Verification Verification Person
Condition of
approval
Condition of
approval
Condition of
approval
Coalition of
approval
v 20
Plan check, -
field inspection
Plan check;
field inspection
Plan check; Geld
inspection
Plan check
Prior to grading
permits
Prior to grading
permits; during
grading
Prior to grading
permits
Prior to oerupanry
permits
Planning/Building
Dept. plan checkers;
grading inspector
Planning/Building
Dept. plan ehakcrr,
grading inspector
Planning/Building
DePL plan checkers;
City Grading Eagi.
neer, grading/buil-
ding inspectors
Planning/Building
Dept. plan checkers
I*
0
MITIGATION MONITORING PROGRAM SUMMARY, cont.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT _
Mitigation Measure
Irrigation Management Practices
Street sweeping requirements: vacuum
truck, fall cleaning, etc.
Signage and catch basin stencil mainte-
nance.
- Annual distribution of informational bra
chum (see Mitigation Measures #77).
These mandates shall be reviewed and approved by the City of
Newport Beach prior to issuance of occupancy permits.
Implementing Method of Timing of Responsible
Action Verification Verification Person
76. The City of Newport Beach, homeowners associa- Condition of
lions, and commercial and apartment property management approval
companies shall maintain legible stenciling on any catch basin
that they maintain. Stenciling shall use selected letters and/or
symbols approved by the City of Newport Beach notifying the
reader that the catch basin drains totheNewport Bay and to
warn against dumping.
77. Brochures (such as the 'Nonpoint Source Pollution' Condition of
brochures published by the Orange County Flood Control approval
District) shall be distributed at the time of initial sale or lease
of residential and commercial properties. These brochures
shall include a discussion of:
- Impacts of improper solid waste practices
and littering.
- Proper use and management of fertilizers,
herbicides and other harmful chemicals.
- Impacts of dumping oil, antifreeze, pesti-
cides, paints, solvents, etc. into storm
drains.
- Effective housekeeping practices such as
use of biodegradable cleaning compounds
and adsotberits.
- Benefits of preventing excessive erosion
and sedimentation.
- Benefits of proper landscaping practices
- Benefits of minimizing non-atormwater
runoff or adverse impacts of over -irriga-
tion.
I 1�j
21
Plan check; field
inspection
Plan check
Prior to tentative
map or site plan
approval
Prior to occupancy
permits
Planning/Building
Dept plan checkers;
Public Works inspec-
tor
Planning/Building
Dept. plan checkers
MMGATION MONrrORING PROGRAM SUMMARY, cone.
CiRCULATION IMPROVEMENT AND OPEN SPACE AGREF,MENr
Implementing Method -of
Timing of
Responsible
Mitigation Measure
Action Verification
Verification
Person
These brochures shall be reviewed and approved bribe city of
Newport Bach prior to issuance of occupancy permits.
Draioage Patterns
50. Prior to issuance of a grading permit, the master
Condition of Plan check
Prior to grading
Planning/Building
plans of water, sewer and storm drain facilities shall be ap-
approval
permits
Dept. plan checkers;
proved by the City Engines. Any systems shown to be re-
city Engineer -
quired by thereviewshall be the responsibility of the develop.
e , unless otherwise provided for through an agreement with
the property owner orservin&Agency.
AIL PROJECT SIM
51. All sits shall be mitigated pennant to Council Poli-
Condition of
Plan check;
Prior to
grading
Planning/Building
cyKS. Where further testing orsaNw is requited, the appli-
approval
field inspection
permits,
during
Dept plan checkers,
ant shall select a city -approved qualified archaeologist to
grading
grading inspector
excavate a sampieof the site- All testing card salvage shall be
conducted prior to inuance of galling permits or use of an
area for recreational purposm A written report summarizing;
the findings of the testing and data recovery program shall be
submitted to the Planning Department within 90 days of the
completed data recovery program.
40
52 The applicant shall donate an archaeological materi-
Condition of
Review by arehae%
Prior to
building
Planning/Building
A historic, or prehistoric, recovered during the project, to a
approval
paleo monitor
permits
DepL plan checkers
loot iouitutioetwhieh has the proper faolaks; for coradoa, dis-
play and study by qualified scholars. All material shall be
ttamferred to the approved facility after laboratory analysis
and a report have been Completed. The appropriate local
institution shall be approved by the Planning Department
based on a recommendation from the qualified archaeologisL
53. Any excavation of a site located within the Coastal
Condition of
Plan cbeck
Print to
grading
Planning/Building
zone of mom than two sur6ce meters of dirt shall require a
approval
permits
22
J
MITIGATION MONITORING PROGRAM SUMMARY, cant.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
Implementing Method of Timing of Responsible _
Mitigation Measure Action Verification Verification Person
coastal development permit prior to commencing the excava- Dept. plan checkers,
tion. All provisions of the California Coastal Commission Coastal Commission
guidelines shall be complied with.
UPPER CASTAWAYS
54. Prior to any grading related to development of the Condition of Plan check Prior to grading Planning/Building
bluff trail system, open space uses or bluff stabilization which approval permits on Upper Dept. plan checkers
could impact CA-Ora-49 and CAOra-186 on the Upper Cast- Castaways
aways site, the sites shall be subjected to test excavations by a
City approved archaeologist (experienced in both historic and
pre -historic archaeology) to determine site integrity, extent and
significance. The methodology of the test excavation shall re.
fiect the recommendations contained in the Cultural Resources
report prepared for this Program EIR. A report shall be pre-
pared detailing all findings and recommendations and submit-
ted to the Planning Department within 90 days of completing
test excavations.
BAY VIEW LANDING
55. Prior to issuance of a grading permit, CA-Om-1098
Condition of Plan check
Prior to grading
Planning/Building
shall be surface collected and subjected to test excavations by a
approval
permits on Bay View
Dept. plan checkers
City approved archaeologist to determine site integrity, extent
Landing
and significance. A report shall be prepared detailing all find-
ings and submitted to the Planning Department within 90 days
of completing test excavations.
56. Prior to grading for the new park, the project spon-
Condition of Plan check
Prior to grading
Planning/Building
sor shall retain a City approved archaeologist to conduct a
approval
permits on Bayview
Dept. plan checkers
surface collection and subsurface test excavation of CA-Om-66
Landing
to determine site extent, integrity and significance. A report
shall be prepared detailing all findings and submitted to the
Planning Department within 90 days of completing test excava-
tions.
57. Prior to grading for the view park, the project spun-
Condition of Plan check
Prior to grading
Planning/Building
sor shall retain a City approved archaeologist to place a test
approval
permits on Bay View
Dept. plan checkers
unit on top of the knoll on the Bay View Landing site in the
Landing
Q�
23
MITIGATION MONITORING PROGRAM SUMMARY, cont.
CIRCUTAT1ON IMPROVEMENT AND OPEN SPACE AGREEMENT
Mitigation Measure
a= containing shell scatter, to determine if the shell is repre-
sentative of a subsurface archaeological deposit. A report shall
be prepared detailing all findings and submitted to the Plan-
ning Department within 90 days of completing the test exca-
vation.
Implementing Method of Timing of Responsible
Action Verification Verification Person
NEWPORTER NORTH
S& Prior to the use or development of the open space Condition of Plan cheek Prior to grading Planning/Building
areas forpusive xcereationat uses, CA-Ora-51 and CA-Ora-518 approval permits for open Dept plan checkers
on the Newporter North site shah be surface collected and sub- space areas on No-
jccted to test excavations to determine site extent and sipif- wporter North
trance. A report shall be prepared detailing all findings and
submitted to the Planning Department within 90 days of com-
pleting test a¢avations.
59. Prior to the issuance of a goading permit, the appli- Condition of Plan check Prior to grading Planning/Building
ant shall conduct a surface collection of the eastern extension approval permits on Newpo- Dept. plan checkers
of CA-0ra-100 which would be impacted by grading and/or rter North
development of uidential uses. The surface collection shall
be conducted by a city approved archaeologist. A report shall
be prepared detailing all findings of the surface collection and
submitted to the Planning Department within 90 days of eom.
plating the surfaeeeolleetioo.
60. Prior to the issuance of grading permits, the appfi- Condition of Plan check Prior to grading Planning/Building
cut atoll conduct a data recovery of program CA-0ta-64 on approval permits at NcWpo- Dept. plan checkers
the Newporter North site. The program shall be conducted by rter North
a City approved strhaeologist A report shall be prepared
detailing all findings and submitted to the Planning Depart-
ment within 90 days of completing the data recovery program.
61. Prior to isavancaof-a grading permit for residential Condition of
Qevelopmentoranybluffsabtimion,aqualifedarchaeologist approval
stall review grading and drainage plans to determine if them
are any indirect or duce[ impacts to CA-Ora-SI, 5Z and 51& If
impacts are identified, test excavations shall be conducted to
determine site eatenG integrityand significance. A report shall
be prepared detailing all findings and submitted to the Plarr-
nieg Departmentwithin 90 days of completing test excavations.
v 24
Plan check Prior to grading Planning/Building
permits on Newpo• Dept pine checkers
rter North
Mitigation Measure
NEWPORTER KNOLL
MITIGATION MONITORING PROGRAM SUMMARY, rant.
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
Implementing Method of Timing of Responsible
Action Verification Verification Person
62. Prior to any grading or use of the site, the City shall Condition of
conduct a surface collection of archaeological material present approval
on the top of the hill of the Newporter Knoll, with test units ,
placed on the bill to determine site significance and bound-
aries. One unit shall be placed -in the recorded area of CA-
Om-50 to determine if a portion of the site still exists. A re-
port shall be prepared detailing all findings and submitted to
the Planning Department within 90 days of completing surface
collection test excavation.
BLOCK 900
63. Prior to the issuance of a grading permit a qualified Condition of
City approved archaeologist shalt conduct a surface collection approval
of CA-Ora436 on -the Block 900 site and subject the site to
tat excavations to determine site extent and significance. A
test unit shall also be placed in the northern portions of the
parcel to determine if a subsurface midden is under the as-
phalt and trash. A report shall be prepared detailing all find-
ings and submitted to the Planning Department within 90 days
of completing test excavations.
CORPORATE PLAZA WEST
64. Prior to the issuance of a grading permit, a City ap- Condition of
proved qualified archaeologist shall dig post holes in the areas approval
containing surface shell on the Corporate Plana West site to
determine if the shell represents subsurface archaeological
deposits. A report shall be prepared detailing all findings and
submitted to the Planning Department within 90 days of com-
pleting sub -surface testing
65. Prior to thcissuance of grading permit, the surface Condition of
near the southern section of the property shall be examined by approval
a City approved qualified archaeologist after removal of brush
and prior to any ground disturbance. A report shall be pre-
25
Plan check
Plan check
Plan check
Plan check
Prior to grading
permits on Newpo-
rter Knoll
Prior to grading
permits on Block SW
Prior to grading
permits on Corpo-
rate Plaza West
Prior to grading
permits on Corpo-
rate Plaza West
Planning/Building
Dept. plan checker;
Planning/Building
Dept. plan checkers
Planning/Building
Dept plan checkers
Planning/Building
Dept. plan checkers
•
•
MMGA71ON MONrfORING PROGRAM SUMMARY, mnt.
CIRCUTAMON IMPROVEMENI'AND OPEN SPACE AGREEMF.Nr
Mitigation Measure
Implementing
Action
Method of
Verification
Timingof
Verification
Responsible
Person
pared detailing all findings and submitted to the Planning Do-
partment within 90 days of completing the surface examination.
FREEWAY RESERVATION
66. Prior to issuance of a grading permit for the north-
Condition of
Plan check
Prior to grading
Planning/Building
ern development area (Lot 2), a City approved qualified at-
approval
permits on Lot 2 of
Dept plan checkers
chaeologist shall examine the surface of areas previously identi-
Freeway Reservation
91
fied as CAOra216. The examination shall be conducted after
removal of bush but prior to grading. Areport shall be pre-
pared detailing W findings and submitted to the Planning De-
partment within 90 drys of completing the surface examination.
P+COMokA
67. Prior to the issuance of gradingpermits, a collection
Condition of
Plan check
Prior to grading
Planning/Building
plan shall be prepared and implemented by a City approved,
appal
permits on Bay View
Dept plan checkers
qualified pateontoioya! monitor for known exposed fossil
Landin& Newporter
localities on Bay View Landing. Newporter North, and Upper
North and Upper
Catnways. Becauseof the small nature ofsomrfossits present
Castaways
in these rock units, matrix samples shall be eolitcted for pro.
eessingthrough fine mesh sececns. The collection plan shall be
reviewed and approved by the Planning Department.
6g. Prior to the issuance of grading permits, the appli-
Condition of
Plan check
Prior to grading
Planning/Building
ant shall make provision for the preparation and curatan of
approval
permits
Dept Ilan checker
all fossils possibly recovered from the sites during grading.
This shalt be done in a manner approved by the Cty's Planning
Department
69. Prior to the issuance of grading permits, the app&
Condition of
Plan check
Prior to grading
Planning/Building
cant shall identify a repository approved by the City s Planning
approval
permits
Dept plan checkcts
Department which stall receive all fossils collected from the
sites.
70. Cliff fags along Upper Newport Bay that have
Condition of
Plan check
Prior to Wading
Planning/Building
served as a reference section for micro-pateontoloWed atndirs
approval
permits affecting
Dept. plot checker
should be protected from aftetation. U bluffs along Newport
bluffs
Bay need to bealtered for bluff stab action purposes, detailed
tQ1, 26
1
MITIGATION MONITORING PROGRAM SUMMARY, rant.
CIRCUTA'110N IMPROVEMENT AND OPEN SPACE AGREEMENC
Mitigation Measure
measured sections and samples shall be made before and after
alteration. Samples shall be prepared and analyzed as part of
these efforts. The City of Newport Beach shall be responsible
for retaining a qualified paleontologist to conduct the compara-
tive study and sampling. A report shall be submitted to the
Planning Department within 90 days.
Public Services and Utilities
Li Enforcement
71. The project proponent shall work in conjunction with
the City of Newport Beach Police Department to ensure that
crime prevention features are included in building design and
construction. The City of Newport Beach Police Department
shall review all site plans and access plans.
Water
72. Prior to issuance of grading permits for the develop-
ment sites, the applicant shall be responsible for preparation of
a Master Plan of Utilities The Master Plan of Utilities will
determine any necessary expansion of facilities and/or any
modifications, upgrades or extensions to the existing water
systems resulting from this projecL All necessary expansions of
facilities and/or upgrades or extensions of existing water sys-
tems needed as a result of the project will be the responsibility
of the developer, unless current district or City policies dictate
otherwise. The plan shall be reviewed and approved by the
City Engineer prior to issuance of grading permits
Wastewater
Implementing Method of Timing of Responsible
Action Verification Verification Person
Condition of
approval
Condition of
approval
73. Prior to iscwnce of grading permits, the developer Condition of
will provide a Master Plan of Utilities facilities for the on -site approval
development in order to determine the exact necessary modift-
cations or extensions to the existing sewer systems, if needed.
Alt necessary expansions of facilities and/or upgrades or exten-
sions of existing water systems needed as a result of the project
will be the responsibility of the developer, unless current dis-
27
4..1
Plan check
Plan check
Plan check
Prior to building
permits
Prior to grading
permits
Prior to grading
permits
Planning/Building
Dept. plan checkers;
Police Dept.
Planning/Building
Dept. plan checkers,
City Engineer
Planning/Building
Dept plan checkers;
City Engineer
•
MITIGATION MONIMRING PROGRAM SUMMARY, Cont.
CIRCUTAMON IMPROVEMENT AND OPEN SPACE AGREEMENT'
Implementing
Mitigation Measure Action
trict or City policies dictate otherwise. The Plan shall be re-
viewed and approved by the City Engineer prior to issuance of
grading pemtits.
Land Un
M Prior to approval of a site plan review for the Upper Condition or
Castaways site, the applicant or successor in interest shall pm- approval
vide evidence that they
..have consulted with the Newport Bar-
bor Lutheran Church regarding the design of the residential
development. Design issues to be addressed include, but are
not limited to: parkin& access, location andptacement of stma
tuts, directional sig age, and Iaadsalin&
F\ kaOSA\MM TBL
28
Method of Tuning of
Verification Verification
Plan check Prior to site plan
approval for Upper
Castaways
Responsible
Person
Planning Dept. plan
checker
Lj
� r
• FILE COPY
DO KIT REMOVE
K
CIRCULATION IMPROVEMENT
AND
OPEN SPACE AGREEMENT
(Pursuant to Government Code Sections 65864-65869.5)
Ox.
0
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO;
City Clerk
City of Newport Beach
330 Newport Boulevard
Newport Beach, California 92663-3884
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
(Pursuant to Government code sections 65864-65869.5)
This CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
(the "Agreement") is entered into this day of ,
1993, by and between the City of Newport Beach, California, a
municipal •corporation and charter city ("City") and The Irvine
Company, a Michigan corporation, ("Company"). City and Company are
sometimes collectively referred to herein as the "Parties."
RECITALS
A. Company is the owner of those parcels of real property
(collectively, the "Property") described on Exhibit "All and
depicted on Exhibit "B." Aside from in -fill sites, the Property
represents virtually all of Company's remaining undeveloped real
property in the city limits of City as of the date of this
Agreement.
B. In 1987, the City Council of Newport Beach initiated
amendments to the Land Use and Circulation elements to determine
desired levels of growth and the amount of growth that could be
accommodated by the circulation system at build out. This
comprehensive update of the General Plan began with an evaluation
of the type and density of growth permitted on each parcel within
the City and included a thorough analysis of the circulation system
improvements necessary to accommodate additional traffic at service
levels acceptable to the City Council. This process culminated in
1988 amendments to the Land Use and Circulation element which
greatly reduced permitted growth while recognizing the need for
some development to assist in funding needed circulation system
improvements. The General Plan recognizes the importance of
"phasing circulation system improvements with development" and to
"construct eed in advance" those "major circulation improvements
which may be required of more than one developer...*I'
C. According to the Land Use Element of the General Plan, the
Property represents less than 23% of all future residential growth,
less than 8% of all future commercial growth, and less than lot of
the additional traffic projected from all permitted growth. Given
current state and federal budget deficits, and depletion of local
sources of revenue, the accumulation of funds necessary to complete
all required master plan circulation improvements may take 20 years
kr\c1rcop15.a9t 1 ps
11
or more and many of those improvements are needed today.
D. This Agreement implements General Plan policies and goals by
enabling City to fund and complete circulation system improvements
prior to the construction of projects and much more rapidly than
could be accomplished by current City ordinances through the
following:
1. Company's prepayment of the fees required by Chapter
15.38 of the Newport Beach Municipal Code, or successor
ordinance, for all development permitted on the Property
prior to the commencement of any individual project;
Company's commitment to construct, or assist in the
construction of, circulation system improvements adjacent
to individual parcels concurrent with development of the
adjacent parcel; and
3. Company's no interest loan to City for the construction
of circulation system improvements with repayment based
solely upon contributions from other developers.
Company's agreement to prepay fees, construct frontage improvements
and advance funds represents a financial commitment in excess of 20
million dollars.
E. The Agreement also requires the preservation or dedication of
land for park and open space purposes to a greater extent, and much
more rapidly, than required by the City's park dedication ordinance
or the Recreation and Open Space Element. The open space and
public facility land dedications required by this Agreement
represent at least seventy-two (72) acres more land than would be
required under the current General Plan, and Park Dedication
Ordinance so Newport Beach residents will be able to enjoy the open
space years before the land would otherwise be available for public
use.
F. This Agreement is consistent with provisions of state law
(Government Code Section 65864 et seq.) and local law (Chapter
15.45) which authorize binding agreements that: (i) encourage
investment in, and commitment to, comprehensive planning and public
facilities financing; (ii) strengthen the public planning process
and encourage private implementation of the local general plan;
(iii) provide certainty in the approval of projects in order to
avoid waste of time and resources; and (vi) reduce the economic
costs of development by providing assurance to the property owners
that it may proceed with its projects in accordance with existing
policies, rules, and regulations.
G. This Agreement satisfies the provisions of Chapter 15.40 of
the Newport Beach Municipal Code in that it constitutes a
comprehensive phased land use development and circulation system
improvement plan with construction of all phases not anticipated to
be complete within sixty (60) months of project approval, the
kr\circop15.a9t 2 P/
project is subject to an agreement which requires the construction
of major improvements early in the development phasing program and
development anticipated to be complete within sixty (60) months of
project approval will not cause or make worse an unsatisfactory
level of traffic service at any intersection for which there is a
feasible identified improvement. Moreover, the plan results in an
overall benefit to traffic circulation and will result in an
overall reduction in intersection capacity utilization at impacted
intersections.
H. The City Council finds that this Agreement is: (i) consistent
with City's General Plan and all applicable specific plans as of
the date of this Agreement; (ii) in the best interests of the
health, safety, and general welfare of City, its residents, and the
public; (iii) entered into pursuant to, and constitutes a present
exercise of, City's police power; and (iv) consistent, and has
been approved in accordance, with provisions of Government Code
Section 65867 and Chapter 15.45 of the Newport Beach Municipal
Code.
AGREEMENT
NOW, THEREFORE, City and Company agree as follows:
1. Definitions.
1..1 "Advance" shall mean that sum described in paragraph 2.4
below.
1..2 "Agreement Date" is the date on which this Agreement was
executed, as first set forth above.
1..3 "oEOA" is the California Environmental Quality Act,
Public Resources Code Section 21000, et seq.
1..4 Itaity Council', is the City Council of City.
1..5 "Development concept" means the number of dwelling
units, product type (such as single family detached
versus single family attached), lot size, or floor area
in the case of residential projects and the developable
area or permitted gross floor area in the case of retail
and office development.
1..6 "Effective Date" shall be the first date on which all of
the following have occurred: (1) the California Coastal
Commission has given final approval to this Agreement, (2) the
time for filing a legal challenge to the approval of this
Agreement, the environmental or planning documents related to
this Agreement, or the process or procedures preliminary to
approval by the City or California Coastal Commission has
expired under all applicable statutes of limitation without a
kr\circopl5.a9t 3 j%/I
0 •
lawsuit being filed, or if such a lawsuit is filed, a final
judgment upholding this Agreement, related documents or the
approval process has been entered, and (3) City has issued a
grading permit or building permit for development on the
Property other than (a) development on the southerly portion
of Freeway Reservation East, (b) a low and/or very low senior
citizen housing development on Bayview Landing, (c) a senior
citizen housing development in Block 800, and (d) the
Newporter Resort expansion. In the event that the Effective
Date has not occurred on or before the fifth anniversary date
of the City's execution of this Agreement, this Agreement may
be terminated upon written notice from either party.
1..7 "Fair share Fees" shall mean those fees assessable by
City pursuant to Chapter 15.38 of the Newport Beach Municipal
Code, or successor ordinance.
1..8 "Frontage Improvements" consist of those circulation
improvements listed in Exhibit "C" as to each respective
parcel of the Property and shall include all work necessary to
bring the street to Master Plan Standards including, without
limitation, pavement, curb, gutter, sidewalk and medians.
Frontage Improvements also include dedication of all right of
way necessary to construct the street to Master Plan
Standards. If the street to be improved is along the boundary
of a parcel, the Frontage Improvements include all work
necessary to improve the street to Master Plan Standards
between the property line (after dedication) and the center
line of the street. If the street to be improved runs through
a parcel, Frontage Improvements include all work necessary to
improve the street to Master Plan Standards.
1..9 "Master Plan standards" shall mean those provisions of
the Newport Beach Circulation Element, State law, County or
City ordinance, resolution or regulation, Public Works
Department specification or standard, or construction
documents that govern the design or improvement of the
Frontage Improvements listed in Exhibit "C." The Master Plan
standards shall be those in effect as of the Effective Date of
this Agreement. In the event of a change to the Master Plan
standards subsequent to the Effective Date, City may request
dedication, without cost to the City, of any additional right
of way necessary to complete the circulation system
improvement to then current Master Plan standards, and Company
shall dedicate the additional right of way unless to do so
would require a significant change in the Development Concept
specified in the relevant PC Text for the adjacent parcel.
1..10 "PC Text" shall mean the planned community
development text specifying the type and intensity or density
of development permitted on each parcel of property covered by
this Agreement, as shown in Exhibit "H".
kr\circop15.agt 4 0
1..11 "Party" means either City or Company or both, as
determined by the context.
1..12 "Pro ect" consists of on -site and off -site
improvements Company is required to construct with respect to
each parcel of the Property as provided in this Agreement or
as authorized by the entitlement provisions of the relevant PC
Text (Exhibit "HII) and in Exhibits "CIO and I'D," as well as the
improvements to MacArthur Boulevard described in Section 2.3,
as further defined, enhanced or modified by provisions of this
Agreement or related environmental documentation. The term
Project does not consist of any improvement shown on any PC
Text for a parcel Company is required to dedicate to City for
open space and public facility purposes.
1..13 "Property" is the real property on which the Project
is, or will be, located as described on Exhibit IIAII and
depicted on Exhibit 'in.'[
2. Circulation Imurovement Funding. Company shall assist in the
funding of circulation system improvements in City as follows:
2...1 Fair share Fees. Within ten (10) days following the
Effective Date, Company shall prepay to City all Fair Share
Fees that Company would be required to pay as a condition to
development of the Project consistent with the type and
intensity and/or density of development for the Property
specified in the PC Texts. In the event Company proceeds with
development on any parcel of the Property identified as
exceptions in Section 1..6 prior to the Effective Date,
Company shall be required to pay to City the Fair Share Fees
for that development prior to the Effective Date with the fees
paid to be credited against Company's obligation pursuant to
this Section.
2..2 Frontage Improvements,
A. Completion/Bonding. Company shall complete, or
provide acceptable security for completion of, Frontage
Improvements at or prior to recordation of the final
subdivision map for any respective parcel of Property
listed on Exhibit 11c.11 Company shall, complete Frontage
Improvements prior to the issuance of a Certificate of
occupancy if no subdivision map is processed preliminary
to construction on any parcel. The cost of Frontage
Improvements as specified in Exhibit "C" is approximate,
has been included for purposes of calculating the amount
of the Advance, and Company's obligations with respect to
Frontage Improvements shall not be affected if the actual
cost of one or more of the improvements is greater than
that estimated in this Agreement.
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B. Dedication. The dedication of necessary right of way
for the Frontage Improvements shall be made when Company
constructs Frontage Improvements or when City requests
dedication in contemplation of a construction project
involving the Frontage Improvements and for which funding
has been identified and approved by any Federal, State or
local agency from which funding was requested. in the
case of a State highway, dedication shall be made to the
State and in sufficient time to meet State standards for
right of way certification prior to advertising for bids
to construct the project. Company shall dedicate right
of way without charge or expense to City or the State in
consideration of the development entitlement conferred by
this Agreement and the relevant PC Text. The value of
land required to be dedicated shall not be considered in
the calculation of the cost of Frontage Improvements nor
the amount of the Advance. Prior to the Effective Date,
Company shall consider in good faith, and has indicated
a general willingness te, but is not required, to
approve, City requests for dedication of right of way in
excess of that required under the Agreement when
necessary to make Frontage Improvements when City has
obtained commitments from Federal, State or local sources
to fund a portion of the costs of such improvement.
C.
Company shall within thirty (30) days after a written
notice to dedicate is served as provided in Section 17,
dedicate the right of way along the west side of
MacArthur Boulevard between Pacific Coast Highway and San
Joaquin Hills Road necessary to widen and relocate the
roadway to Master Plan standards. Company's obligation
to dedicate right of way pursuant to this Subsection
shall commence eighteen (18) months after the Agreement
Date.
2..3 MacArthur Boulevard Improvements Northerly of Ford Road.
Commencing no later than ten (10) days after the Effective
Date, Company shall use its best efforts to obtain all
necessary permits for, commence construction of, and
diligently pursue to completion, the widening of MacArthur
Boulevard between Ford Road and the location of the proposed
preferred alignment for the future San Joaquin Hills
Transportation Corridor, such that there are a minimum of six
travel lanes and a minimum of three northbound travel lanes.
Company shall not be required to expend more than five hundred
thousand dollars ($500,00o.00) in direct project -related costs
to comply with its obligation to widen MacArthur Boulevard as
provided in this Subsection.
kr%circop15.a9t 6 Cjo
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2..4 Companv Advance. Subject to the provisions of Section
3..4, Company sha]1, on or before the Effective Date, make
available to City a sum of money which City may use for
circulation system improvements or projects necessary to
complete the City's Master Plan of arterial highways as
specified in the Circulation Element to the Newport Beach
General Plan. This advance shall be calculated and utilized
in accordance with the following:
A. Amount of Advance. The Advance shall be
$20,600,000.00 less $4,8061000.o0 (the estimated total
cost of the Frontage Improvements as described in Exhibit
licit, but not necessarily the actual cost) and less the
amount of Fair Share Fees for the Property as determined
on the Agreement date).
B. Adjustments. The Advance shall be adjusted by the
percentage increase or decrease in the California Highway
Construction Items (I'CHCI") Index (or the most similar
index in the event the CHCI Index is no longer published)
between the Agreement Date and the Effective Date.
C. Use of Advance. City shall use the Advance only to
fund improvements that are consistent with the
Circulation Element and satisfy at least one of the
following criteria:
1. Insure that no unsatisfactory level of traffic
service is caused, or made worse, at any
intersection impacted by the project for which
there is a feasible identified improvement;
2. Contribute to the overall reduction in intersection
capacity utilization at intersections impacted by
traffic generated by development authorized by this
Agreement, taking into account peak hour traffic
volumes; and
3. Represent improvements which have been considered
by the City Council in finding that the benefits to
traffic circulation resulting from this Agreement
substantially outweigh any increase in traffic
congestion at impacted, but unimproved,
intersections.
City shall have the right to substitute circulation
improvements for those identified in the traffic study
prepared in conjunction with EIR 148 and/or imposed as
mitigation measures by the City Council, provided, the
substitute improvements reduce traffic to the same, or
greater, degree as those originally proposed and satisfy
one or more of the criteria specified above.
kr\c1rcop15.> 7 7/
3. Terms and Conditions of the Advance. The Advance shall be
subject to the following terms and conditions:
3..1 Interest. City shall pay no interest on the
Advance or any City draw on the Advance;
3..2 Limitation. City shall draw down the Advance only for
the reasonable costs and expenses associated with the
construction of circulation improvements including, without
limitation, design, right of way acquisition, engineering,
environmental analysis, contract administration, and
construction. City may not draw upon the Advance for
arbitrage or similar purposes.
3..3 Timing of Draws. City and Company shall each act in
good faith with respect to the timing of draws against the
Advance. City and Company shall establish procedures for
effecting draws against the Advance which insure prompt
payment of contractors, consultants and suppliers and minimize
the administrative and accounting burden on City, while
avoiding any significant reduction in the interest Company
would receive.
3..4 Accelerated Draws Against the Advance. City shall,
prior to the Effective Date, use its best efforts to obtain
funding for roadway improvements from Federal, State and local
sources. City is focusing its efforts on funding for the
improvement of MacArthur Boulevard between Pacific Coast
Highway and San Joaquin Hills Road to Master Plan standards.
(MacArthur Phase I). The parties acknowledge that it is
unlikely City will'receive funding for MacArthur Phase I from
Federal, State or County sources unless City is willing and
financially able to commit matching funds. In such event,
City may, no sooner than two (2) years after the Agreement
Date, submit a written request for Company's consent to draw
against the Advance prior to the Effective Date. Company
shall consider in good faith, and while not legally obligated
to do so has indicated a general willingness to approve,
requests from City for draws against the Advance prior to the
Effective Date if necessary to secure matching funds from
Federal, State, County or private sources that represent a
substantial portion of the cost of constructing MacArthur
Phase I or other circulation improvements identified in
2..4(C).
3..5 Use Of Advance. City shall, to the maximum extent
practical, continue to pursue and use any and all private,
county, state and/or federal sources of funds for, circulation
system improvements as and to the extent available.
3..6 Reduction Of Advance By Draws. As draws are made
against the Advance, the total remaining balance of the
Advance shall be permanently reduced by the amount of the
draw; and
kr%c1rcop15.agt 8 �y .y
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4.
3..7 Repayment Of Advance.
follows:
City shall repay the Advance as
(a) From and continuously following the city's first
draw on the Advance, City shall, to the extent
permitted by law, collect Fair Share Fees (or their
equivalent) from the owners of properties within
City (other than the Property). City shall pay to
Company Fifty percent (50%) of all such fees
collected to repay any unreimbursed draw against
the Advance until City's repayment obligations
expire as provided in Subsection (d);
(b) City shall periodically recalculate the amount of
Fair Share Fees as specified in the relevant
ordinance;
(0) City shall to the extent permitted by statutory or
decisional law amend its Fair Share Ordinance, or
take such other action as may be appropriate, to
create an obligation on the part of other property
owners to reimburse the City and Company for
circulation improvements funded, in whole or in
part, through draws on the Advance. However, the
parties acknowledge that the state of law with
respect to development or impact fees is uncertain
and there is no guaranty that the City will be able
legally to require fees from property owners to pay
Fair Share Fees for already constructed
improvements or to reimburse Company all or a
portion of the Advance.
(d) City's repayment obligations on the Advance shall
expire twenty (20) years from the Effective Date.
3..8 Availability. The Advance shall continue to remain
available for a period of twenty (20) years from the Effective
Date, notwithstanding the completion of all permitted
development on the Property.
Limitation on Further Obligations.
4..1 Financial obligations. The financial obligations which
Company* has agreed to undertake pursuant to this Agreement
satisfy and are in lieu of any and all financial obligations
City could impose on Company for circulation improvements,
are necessary to complete the Master Plan of Arterial Highways
(exclusive, however, of participation in the funding for
construction of the San Joaquin Hills Transportation corridor)
with respect to the Property, and fully and irrevocably
satisfy the obligations of City's Traffic Phasing Ordinance,
the Fair Share Traffic Contribution Ordinance and all similar
and/or successor ordinances or requirements. City shall
require no reservation or dedication of land or payment of
kr\circop15.agt 9 n
E
fees for park and open space purposes with respect to the
Property, or any circulation improvement necessary to complete
the City's Master Plan of streets and highways, except as
expressly provided in this Agreement.
4..2 Dedication. Company shall, however, dedicate additional
right of way that may be required by amendments to the
Circulation Element, mitigation measures identified in any
environmental document related to the property, or problems
identified in the preparation of construction documents,
unless to do so would require a significant change in the
Development Concept specified for the parcel pursuant to the
applicable PC Text.
5. Open Space and Public Facility Dedications.
5..1 Company shall dedicate to City the area shown as open
space/public facilities on the Planned Community Development
text for each parcel with the exception of certain lands on
the San Diego Creek North Site that may be necessary for
implementation of the San Joaquin Hills Transportation
Corridor which should be offered for dedication directly to
the Transportation Corridor Agency, with the exception of
certain lands on the San Diego Creek north site that may be
necessary for implementation of the San Joaquin Hills
Transportation Corridor which should be offered for dedication
directly to the Transportation Corridor Agency. The amount
and general location of land to be dedicated is specified in
each P C Text. All parcels shall be offered for dedication to
the City in fee simple, subject only to the conditions and
restrictions specified in Exhibit "F" and the conditions or
restrictions other than the limitations on use specified in
the P C Text. The parcels shall be dedicated in accordance
with the schedule specified in Exhibit "E." The dedication
shall be accepted by City within a reasonable period of time
(not to exceed ninety (90) days) following Company's offer of
dedication, provided, however, any parcel adjacent to or in
close proximity to a proposed future highway or tollway to be
funded in whole or in part with federal funds shall not be
accepted by City until construction of the highway or tollway
has commenced, or Company has elected to waive this
restriction, whichever first occurs. City shall have the
right to transfer some or all of the dedicated property to any
public entity, non-profit corporation, unincorporated
association or other organization so long as the transfer is
conditioned upon use of the property in accordance with the
limitations specified in the Planned Community Development
Text (or more stringent restrictions) and the transfer is
subject to the conditions and restrictions described in
Exhibit "F." Notwithstanding the provisions of this Section
and the special covenants and restrictions specified in
Exhibit "F", City and Company may agree to use up to four (4)
of the dedicated parcels for the purpose of constructing low
and/or very low income senior housing.
kr\circop15.agt 10 �y
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5..z Company acknowledges that the dedication of the property
required by this Agreement is in consideration of the
development rights specified in this Agreement and Planned
Community Development Text, and represents measures adopted by
the City Council to mitigate environmental impacts. Company
also acknowledges that it has received full value for the
property to be dedicated in the form of vested entitlement on
the various parcels on which development is permitted. City
and company agree that the grant of entitlement in exchange
for dedication satisfies those provisions of the state and
federal constitution that require compensation for any taking
of private property.
5..3 On September 11, 1985, City and Company entered into the
Dedication and Park Agreement for the Mouth of Big Canyon
(Park Credit Agreement). Pursuant to the Park Credit
Agreement, Company dedicated approximately 39.5 acres of
property commonly known as the Mouth of Big Canyon to City for
open space and park purposes. in consideration of this
dedication, City granted Company 5 acres of park credit to be
applied to dedications that would be required as Conditions to
the development on certain parcels known as the 'Credit
Subdivisions.' Some park credit has been applied to offset
dedications otherwise required of development on PCH frontage
(Villa Point Apartments), Big Canyon Area 10, and Big Canyon
Area 16. The property covered by this Agreement represents
substantially all of the parcels to which the remaining credit
could be applied. Company acknowledges that the provisions of
this Agreement do not constitute any breach or violation of
City's duties pursuant to the Park Credit Agreement. Company
waives and gives up any right to compensation for any park
dedication credit it would be entitled to apply to the
Property pursuant to the Park Credit Agreement, and also
waives any right to rescind, in whole or part, its dedication
of the Mouth of Big Canyon to City by virtue of its inability
to apply park dedication credit to the Property covered by
this Agreement. City acknowledges that the remaining park
dedication credit may be applied to the development or re-
development of parcels or property not covered by this
Agreement.
5..4 City acknowledges the Company's right to sell any or all
of the parcels subject to this Agreement, to third parties,
including non-profit third parties which may wish to purchase
certain parcels for the purpose of preserving same for open
space uses. City agrees to cooperate with Company and said
third parties, to the extent permitted by law, to effectuate
such transactions and agrees to utilize its offices in good
faith to accommodate the interests of the general public, the
Company and third parties.
kr\c1rcop15.agt 11
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6. Development of the Property.
6..1 Project. The permitted uses and the density or intensity
of development of the Property, the maximum height and size of
proposed buildings, shall be as shown and identified for each
parcel of the Property on the relevant PC Text. City shall
not prevent development of the Property for the uses and to
the density or intensity of development set forth in Planned
Community Development text. In addition, Company and City
will adhere, to the extent feasible, to the processing
schedule provided in Exhibit "G."
6..2 Effect of Agreement on Applications for Land Use
Approvals. In connection with any approval which City is
required, permitted or has the right to give relating to the
Project, or otherwise under its ordinances., resolutions and
codes, City shall not impose any condition or restriction that
prevents Company from developing the Property with the uses
and to the maximum densities and intensities permitted by the
PC Texts. Subject to review for completeness, City shall
accept for processing and shall timely review and act on all
applications for further land use entitlement approvals with
respect to the Project called for or required under this
Agreement. Company may apply to the City for permits or
approvals necessary to modify or amend the development
specified in the PC Texts provided the request does not
propose an increase in the maximum densities or intensities,
any increase in the maximum height and size of proposed
structures, nor propose a change in use that generates more
peak hour traffic or more daily traffic. Further, the
building locations shall not be significantly altered from
those shown on the PC Text.
6..3 Mello -Roos Community Facilities District. Pursuant to
Chapter 2.5 (commencing with Section 53312) Part I, Division
2, Title 5 of the Government Code of the State of California,
commonly known as the "Mello -Roos Community Facilities Act of
1982," Company may petition City Council to establish one or
more community facilities districts including some or all of
the Property for the purpose of financing Company's
obligations under this Agreement. City shall have the sole
discretion to determine whether to establish such a district,
the improvements to be financed, and the method of financing
such improvements.
6..4 Future Discretionary Reviews. City shall retain its
discretionary powers in reviewing applications for project -
related development approvals submitted before the Effective
Date, provided that those powers will be applied in a manner
that is consistent with this Agreement and will not prevent
Company from development of the Project with the land uses,
and to the densities or intensities, permitted by this
Agreement. Except as provided herein, future discretionary
kr\c1rcop15.e9t
12
approvals, including but not limited to rezoning, tentative
and parcel map approvals, plot plans and plan development
approvals, shall be consistent with this Agreement and the
relevant P C Text. Nothing in this Agreement shall prevent
City from imposing measures to mitigate significant effects
identified in any environmental document prepared for
development of the Project provided;
(a) The measure is not in conflict with the park and
open space or circulation system improvement provisions
of this Agreement;
(b) The measure does not conflict with the provisions of
Section 4 of the Agreement; and
(c) In the event the measure relates to the sighting of
development to avoid a significant effect (as defined in
CEQA), and renders the project infeasible, Company shall
be entitled to terminate this Agreement pursuant to
Section 7.3.
City shall retain full discretion to impose standard
conditions generally applicable to subdivision or parcel maps,
exclusive of park or open space dedications, improvements
required to complete the circulation element or comply with
any Congestion Management Program or Growth Management Plan
requirements, Fair Share Fees, or Traffic Phasing ordinance
improvements. The Traffic Study prepared in conjunction with
this Agreement fully satisfies the provisions of the Traffic
Phasing Ordinance for all development authorized by this
Agreement, and no Traffic Study shall be required in
conjunction with any application for approvals or permits
necessary to construct development authorized by this
Agreement so long as the application is consistent with the
provisions of this Agreement and the relevant PC Text. The
City also retains full discretion to impose conditions
pursuant to the site plan review provisions set forth in
Section 20.01.070 of the Newport Beach Municipal Code.
Further, the City of Newport or the California Coastal
Commission retain discretion in the review and approval of
Coastal Development Permits as set forth in the Addendum to
this agreement attached as Exhibit "I."
6..5 No Conflicting Enactments. City shall not apply to the
Project any ordinance, policy, rule, regulation or other
measure enacted or effective after the Agreement Date which is
in conflict with this Agreement. This Section shall not
restrict City's ability to enact an ordinance, policy, rule,
regulation or other measure applicable to the Project pursuant
to California Government Code Section 65866 in accordance with
the procedures specified in Section 7. No moratorium or other
limitation (whether relating to the rate, timing or sequencing
of the development or construction of all or any part of the
Project and whether enacted by initiative or otherwise)
kr\cfrcop15.s9t 13 fA
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•
7.
affecting subdivision maps, building
certificates or other entitlement to use
granted within City, or portions of City,
Project.
permits, occupancy
approved, issued or
shall apply to the
6..6 Benefits to Company. Company has expended and will
continue to expend substantial amounts of time and money on
the planning and infrastructure construction of the Project.
Company represents and City acknowledges that Company would
not make such expenditures without this Agreement and such
expenditures will be made in reliance upon this Agreement.
The benefit to Company under this Agreement consists of the
assurance that Company will preserve the right to develop the
Property as planned. City acknowledges that Company will be
investing money and planning effort in the Project in reliance
on City's covenants, and representations in this Agreement and
City agrees that Company may reasonably and justifiably rely
on City's covenants and representations in this Agreement and
on the enforceability of this Agreement, except as to the
power of the City to collect fees to repay Company as
specified in subsection 3.6.
6..7 Notwithstanding any other provision of the Agreement,
the project shall include mitigation measures adopted by the
City Council in conjunction with the approval of this
Agreement and the certification of the Environmental Impact
Report and which are to be satisfied, performed or implemented
by Company. Company shall perform, satisfy or implement all
mitigation measures for which it is responsible at its own
cost and expense. Company expressly waives any rights it may
have regarding limitations on the cost or expense of
mitigating impacts on *archeological or paleontological
resources pursuant to Section 21083.2 of the Public Resources
Code as to any portion of the Property not dedicated to the
City for open space or public facilities.
Rules. Regulations and official Policies.
7..1 New Rules. This Agreement shall not prevent City from
applying to the Project the following rules, regulations and
policies (collectively "Regulations") adopted or effective
after the Agreement Date, provided that the same are adopted
and applied City-wide:
(a) Procedural Regulations relating to hearing bodies,
petitions, applications, notices, findings, records,
hearings, reports, recommendations, appeals and. any
other matter of procedure;
(b) Regulations which are not in conflict with this
Agreement; or
(c) Regulations
which are in
conflict with this
kr\d rcop15.egt 14 �1
Agreement, if such Regulations have been consented to in
writing by Company.
7..2 Taxes, Assessments and Fees. Except as limited by
Section 4 of this Agreement, City may impose such taxes,
assessments and fees adopted or effective after the Agreement
Date, including but not limited to business license taxes or
franchise fees, on the Project as are imposed on a City-wide
basis.
7..3 New Laws, Rules, or Regulations. This Section shall
apply in the event either party believes that any county,
state, or federal law, rule, regulation or plan enacted or
applied after the Agreement Date prevents or precludes
compliance with one or more provisions of this Agreement
(conflicting rule).
(a) Notice and Copies: Either party shall provide the
other Party with: (1) written notice of the existence of
the conflicting rule; (2) a copy of the conflicting rule;
and (3) the reasons why the conflicting rule would
preclude or prevent compliance by that party with one or
more provisions of this Agreement and any proposed
modification to the Agreement necessary to comply with
the conflicting rule;
(b) Modification Conferences The Parties shall, within
thirty (30) days of the notice required in section
6.3(a), meet and confer in good faith in a reasonable
attempt to agree on the effect of the conflicting rule
and proposed modifications of this Agreement to conform
with the conflicting rule; and,
(c) council Hearings: Regardless of whether the Parties
reach any tentative agreement on the matters involved in
the modification conference required by Section 6.3(b)
above, the matter shall be scheduled for a public hearing
before City Council. City shall give at least thirty
(30) days' public notice of such hearing, pursuant to
Government Code Section 65867. City council, at such
hearing, shall determine the exact modification or
suspension which it believes is necessary to conform the
Agreement to the conflicting rule. Company, at the
hearing, shall have the right to offer oral and written
testimony. Any proposed modification shall be taken by
the affirmative vote of not less than a majority of City
Council. Within thirty (30) days thereafter, Company
shall either elect, in writing delivered to City, to
accept the modification, or terminate this Agreement.
8. _Utility capacity. City shall use its best efforts to plan
for, and provide (to the extent provided by City to other
developments), sufficient water and local sewer capacity or service
kr\circop15.eyt 15 / /
to serve all development of the Property authorized by this
Agreement. City shall require no greater reduction in utility
service to any parcel of the Property than is required by the
general provider of the service. In the event City declares an
utility moratorium, the individual parcels of the Property shall
have priority for utility service over other developments when
service becomes available. Nothing in this Agreement limits City's
ability to impose reasonable conditions on future discretionary
approvals which require Company to install utility lines and
appurtenances servicing the Property.
9. Project as a Private Undertaking. The development of the
Project is a private development, that neither Party is acting as
the agent of the other in any respect hereunder, and that each
Party is an independent contracting entity with respect to the
terms, covenants and conditions contained in this Agreement. No
partnership, joint venture or other association of any kind is
formed by this Agreement. The only relationship between City and
Company is that of a government entity regulating the development
of private property by the owner of such property.
10. Term. The term of this Agreement shall continue until all
permits required for occupancy and operation of the Project as
contemplated by the Project have been issued, and the City has
drawn and repaid all of the Advance, provided that in no event
shall such term exceed twenty (20) years as measured from the
Effective Date. Pursuant to Section 66452.6(a),of the California
Subdivision Map Act, any tentative Subdivision Map approved for the
Property, whether designated a "vesting tentative map" or
otherwise, may be extended by City to the date on which this
Agreement terminates.
11. Amendment or Cancellation of Agreement. Other than
modifications of this Agreement pursuant to Section 7.3, this
Agreement may be amended or canceled in whole or in part only by
mutual written and executed consent of the Parties in compliance
with Government Code Section 65868.
12. Enforcement. Unless amended or canceled as provided in
Section 12, or modified or suspended pursuant to Government Code
Section 65869.5, this Agreement is enforceable by either Party
notwithstanding any change in any applicable general or specific
plan, zoning, subdivision or building regulation or other
applicable ordinance or regulation adopted by City (including by
the voters of City) which purports to apply to any or all of the
Property.
13. Periodic Review of Compliance. City and Company shall review
this Agreement at least, once every twelve (12) months from the
kr\circop15.agt 16 140
Effective Date in accordance with Sections 65865 and 65865.1 of the
California Government Code. At such reviews, Company shall
demonstrate its good faith compliance with this Agreement. Company
agrees to furnish such evidence of good faith compliance as City,
in the reasonable exercise of its discretion and after reasonable
notice to Company, may require. Company shall be deemed to be in
good faith compliance with this Agreement if City is not entitled
pursuant to Section 14.1 to terminate this Agreement.
14. Events of Default.
14..1 Default by Company. Pursuant to California
Government Code Section 65865.1, if City determines following
a noticed public hearing and on the basis of substantial
evidence that Company has not complied in good faith with
Company's obligations pursuant to this Agreement, City shall,
by written notice to Company, specify the manner in which
Company has failed to so comply and state the steps Company
must take to bring itself into compliance. if, within thirty
(30) days after receipt of the written notice from City
specifying the manner in which Company has failed to so
comply, Company does not commence all steps reasonably
necessary to bring itself into compliance as required and
thereafter diligently pursue such steps to completion, then
Company shall be deemed to be in default under the terms of
this Agreement and City may (a) seek a modification of this
Agreement, (b) terminate this Agreement, or (c) seek any other
available remedies, as provided in Section 14.3.
14..2 Default by City. If City has not complied with any
of its obligations and limitations under this Agreement,
Company shall, by written notice to City, specify the manner
in which City has failed to so comply and state the steps
necessary for City to bring itself into compliance. If,
within thirty (30) days after receipt of the written notice
from Company specifying the manner in which City has failed to
so comply,. City does not bring itself into compliance, then
City shall be deemed to be in default under the terms of this
Agreement and Company may (a) seek a modification of this
Agreement, (b) terminate this Agreement, or (c) seek any other
available remedy as provided in Section 14.3. - Except as
provided below, if City adopts or enforces any moratorium, de
facto or de jure, or other similar limitation (whether
relating to the rate, timing or sequencing of the development
or construction of all or any part of the Project and whether
enacted by initiative or otherwise) affecting the processing
or approval of subdivision maps, building permits, occupancy
certificates or other entitlement to use which is applied to
the Project, then Company may immediately seek a modification
of this Agreement, terminate this Agreement, or seek any other
available remedy, as provided in Section 14.3. City shall not
be in default pursuant to this Section if: (a) it'adopts a
temporary citywide moratorium on development due to its
kr\d rcop15.egt 17
1 V
inability to supply sufficient water to then current customers
as necessary to maintain minimum levels of health, safety and
sanitation; or (b) it is required to enforce a moratorium
because of a law, rule, regulation or plan identified in
Section 7.3; (c) the enactment of the moratorium or other
limitation is the result of a court order.
14..3 . specific Performance Remedy. Due to the size,
nature and scope of the Project, and due to the fact that it
may not be practical or possible to restore the Property to
its natural condition once implementation of this Agreement
has begun, the Parties acknowledge that, except as provided in
Section 14.4, money damages and remedies at law generally are
inadequate and that specific performance is appropriate for
the enforcement of this Agreement. Except as provided in
Section 14.4, the remedy of specific performance or, in the
alternative, a writ .of mandate, shall be the sole and
exclusive legal remedy available to either party in the event
of the default, or alleged default, by the other.
14..4 Repayment of Advance upon Termination.
A. Amount of Reimbursement. If Company elects to
terminate this Agreement as provided under Paragraph 7.3
or 14.2. City shall reimburse Company the total of (a)
any outstanding and unpaid draws against the Advance, and
(b) any prepaid Fair Share Fees attributable to parcels
of the Property for which no building or grading permit
has been issued as of the date of termination
("Reimbursement Amount"). City shall pay no interest on
the Reimbursement Amount, or any portion thereof.
B. Termination Pursuant to 7.3. If Company terminates
pursuant to Paragraph 7.3, City shall pay Company
seventy-five percent (75%) of the Fair Share Fees
collected until Company is reimbursed the Reimbursement
Amount or City's reimbursement obligation terminates
pursuant to Subsection 3.7(d).
C. Termination Pursuant to 14.2. If Company terminates
pursuant to Paragraph 14.2, City shall reimburse Company
the Reimbursement Amount from a combination of Fair Share
Fees and the General Fund. The intent of the parties is
to provide for General Fund reimbursement of the
Reimbursement Amount in proportion to the percentage of
development not constructed as of the date of
termination. The portion to be reimbursed from the
General Fund shall be calculated as follows:
Reimbursement Average Daily Trips Attributable
Amount X to Parcels not Developed as of
Termination
Total Average Daily Trips for
the Project
kr\d reop15.agt 18 /D L
0 •
That portion of the Reimbursement Amount due from the
General Fund shall be paid in four (4) equal annual
installments beginning on September 1st of the fiscal
year following the date of termination. City shall also
pay to company seventy-five percent (75%) of the Fair
Share Fees collected from the date of termination until
the remainder of the Reimbursement Amount has been fully
repaid or city's reimbursement obligation terminates
pursuant to Subsection 3.7(d). For purposes of this
Subsection, the term "parcels not developed" shall mean
those parcels for which Company has not received building
permits for the development permitted pursuant to this
Agreement, commenced construction of that development,
and expended a substantial sum of money during the course
of construction. The average daily trips for parcels
partially developed shall be prorated.
15. Cooperation. Each Party covenants to take such reasonable
actions and execute all documents that may be necessary to achieve
the purposes and objectives of this Agreement.
16. Force Maieure, Neither Party shall be deemed to be in default
where failure or delay in performance of any of its obligations
under this Agreement is caused, through no fault of the Party whose
performance is prevented or delayed, by floods, earthquakes, other
Acts of God, fires, wars, riots or similar hostilities, strikes or
other labor difficulties, State or Federal regulations, or court
actions. Except as spedified above, nonperformance shall not be
excused because of the act or omission of a third person.
17. Notices. Any notice or demand which shall, be required or
permitted by law or any provision of this Agreement shall be in
writing and if the same is to be served upon a Party, may be
personally delivered to the Party, or shall be deposited in the
United States mail, certified, return receipt requested, postage
prepaid, or shall be delivered by overnight courier, overnight
courier charges prepaid, and shall be addressed as follows:
TO CITY: City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768'
Newport Beach, California 92663-3884
Attn: City Manager
With a copy to: City Attorney
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
krlc1rcop15.agt 19
A0
9
TO COMPANY: The Irvine Company
550 Newport Center Drive
Newport Beach, California 92660-0015
Attn: General Counsel
With a copy to: Latham & Watkins
650 Town Center Drive
Costa Mesa, California 92626-1918
Attn: Robert K. Break
Either Party may change the address stated herein by notice to the
other Party in the manner provided in this Section, and thereafter
notices shall be addressed and submitted to the new address.
Notice shall be deemed to be delivered upon the earlier of (a) the
date received or (b) three (3) business days after deposit in the
mail as provided above.
18. Transfers and Assignments.
18..1 Right to Assign. Company shall have the right tc
sell, lease, transfer or assign the Property in whole or in
part (provided that no such partial transfer shall cause a
violation of the Subdivision Map Act, Government Code Section
66410, et seq.) to any person, partnership, joint venture,
firm or corporation at any time during the term 'of this
Agreement without prior notice to City; provided, however,
that any such sale, lease, transfer or assignment shall
include the assignment and assumption of the rights, duties
and obligations arising under or from this Agreement to the
transferee with respect to that part of the Property
transferred. Company shall no longer be obligated under this
Agreement as to that part of the Property which was sold,
leased, transferred or assigned if Company is not in default
under this Agreement at the time of the sale, lease, transfer
or assignment. In no event, however, shall Company be
relieved from its obligations hereunder to prepay the Fair
Share Fees, or to fulfill its obligations pursuant to
Sections 2, 3, 4 and 5 of this Agreement.
18..2 Binding on successors and Assigns. The burdens of
this Agreement are binding upon, and the benefits of this
Agreement inure to, all successors in interest of the parties
to this Agreement, and constitute covenants which run with the
Property. In order to provide continued notice thereof, this
Agreement and all amendments thereto will be recorded by the
Parties.
kr\c1rcop15.agt 20
9
4
19. Exhibits. The following documents are attached hereto and
incorporated herein by this reference:
Exhibit
Designation Description
"A" Legal Description of the Property
"B" Depiction of the Property
"C" Frontage Improvements
"D" Development Plan (Including Density and
Intensity of Development)
"E" Open Space Dedication
"F" Open Space Dedication Conditions
"G" Processing Schedule
"H" List of PC Texts
111" Addendum
20. Rules of Construction and Miscellaneous Terms.
20..1 Gender. The singular includes the plural; the
masculine and neuter include the feminine; "shall" is
mandatory, "may" is permissive.
20..2 Time of Essence. Time is of the essence regarding
each provision of this Agreement in which time is an element.
20.93 Waiver. Failure by a Party to insist upon the
strict performance of any of the provisions of this Agreement
by the other Party, and failure by a Party to exercise its
rights upon a default by the other Party hereto, shall not
constitute a waiver of that Party's right to demand strict
compliance by such other Party in the future.
20..4 counterparts. This Agreement may be executed in two
or more counterparts, each of which shall be identical and may
be introduced in evidence or used for any other purpose
without any other counterpart, but all of which shall together
constitute one and the same Agreement.
krlc1rcopl5.agt 21 /O�
20..5 Entire Agreement. This Agreement constitutes the
entire agreement and supersedes all prior agreements and
understandings, both written and oral, between City and
Company with respect to the subject matter hereof.
20..6 Severability. If any provision of this
Agreement or the application thereof to any party or
circumstances shall be held invalid or unenforceable to
any extent, the remainder of this Agreement or the
application of such provision to persons or circumstances
other than those as to whom or which it is held invalid
or unenforceable, shall not be affected thereby, and each
provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
20..7 construction. This Agreement has been drafted after
extensive negotiation and revision. Both Company and City are
sophisticated parties represented by independent counsel
throughout the negotiations. City and Company each agree and
acknowledge that the terms of this Agreement are fair and
reasonable, taking into account their respective purposes,
terms and conditions. In accordance with the foregoing, this
Agreement shall be construed as a whole in accordance with its
fair meaning and no principle or presumption of contract
construction or interpretation shall be used to construe the
whole or any part of this Agreement in favor of or against
either City and Company.
20..8 No Third Party Beneficiaries. The only parties to
this Agreement are City and Company. There are no third party
beneficiaries and this Agreement is not intended and shall not
be construed to benefit or be enforceable by any other person
whatsoever.
20..9 Governing Law. This Agreement and any dispute
arising hereunder shall be governed by and interpreted in
accordance with the laws of the State of California.
20..10 Section Headings. All Section headings and
subheadings are inserted for convenience only and shall not
affect any construction or interpretation of this Agreement.
20..11 Incorporation of Recitals and Exhibits. Recitals A
through H and attached Exhibits "All through "Hn are hereby
incorporated herein by this reference as though fully set
forth in full.
kr\circop15.agt 22 /W
E
21. Authority to Execute. The persons executing this Agreement
warrant and represent that they have the authority to execute this
Agreement on behalf of the entity for which they are executing this
Agreement, and further warrant and represent that they have the
authority to bind their respective Party to the performance of its
obligations hereunder.
22. Recordation. This Agreement and any amendment or modification
hereto or cancellation hereof shall be recorded in the Office of
the County Recorder of the county of orange, by the City Clerk
within the period required by Section 65868.5 of the Government
Code.
kr\circopl5.egt 23
/o7
*1 !
SIGNATURE PAGE TO
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
RN1A
State of C ,f% r 1
Countyof ORyati� J}
MENT
THE IRVINE COMPANY
A Michigan corporation
On 6- 2 5 - 9 3 before me �"�y e 41.1. i - ,
DATE
NAME, TIRE OF OFFICER• E G,'JANE DOE, NOTARY PUBLIC'
personally appeared C.CAAc/yx a ,r
iyci✓ "& 4- &IA"14 C 1?'A5;9/0
NAMEtS) OF SIGNER(S)
ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
PAT DE to HUM
signature(s) on the instrument the person(s),
z nG�l COb:t•1.t9E9739
k.e NO,m. Public -Colifcrni0
or the entity upon behalf of which the
z
O.'Ar,IGECOUNTY
person(s) acted, executed the instrument.
My Comm. F,y,'.res MAR 21. 1997
WITNESS my hand and official seal.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
city cierx
SIGNATURE & NOTARY
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
No.5193
Ism OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
Invaluable to persons relying on the document.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED
APPROVED AS TO FORM:
i
r z�-
Robert H. Burnham
City Attorney
01992 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184
t% I
kr\circop15.89t
24
Af
0 0
SIGNATURE PAGE TO
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
THE IRVINE COMPANY
A Michigan corporation
By: _ Gary H. Hunt
Its: Executive Vice President
Its: Vice President & General Counsel
CITY OF NEWPORT BEACH,
A Municipal Corporation
ATTEST:
City Clerk
APPROVED AS TO FORM:
r
Robert H. Burnham
City Attorney
kr\c1rcop15.eyt 24
/0 9
r1
CATEGORY
Definition. Category 2 sites have either a range of principal permitted uses or no specific
delineation of a "development envelope" and "maximum extent of grading for non-public uses."
(F through H)
Sites included in this category are:
F. Jamboree/MacArthur
G. San Diego Creek North
H. Newporter Resort
Future Discretionary Review: All uses on Jamboree/MacArthur and San Diego Creek North
would be subject to future CEQA/Coastal Development Permit review. Thus, for purposes of
future Coastal Act and 'LCP review of Jamboree/MacArthur and San Diego Creek North,
approval of the Development Agreement and Development Agreement Addendum provides the
following:
- Deletion of office uses allowed by the approved Newport Beach LUP;
- Other public facility uses identified for each site in the Development Agreement
PC text as found to be within the scope of the approved Newport Beach LUP but,
due to absence of analysis of potential impacts and absence of development
envelope/maximum grading maps, such uses are subject to full future discretionary
review;
- No encroachment or loss of wetlands is approved and no other habitat -related
findings are made other than that the habitat protection/restoration designation for
the San Diego Creek North area bordering San Diego Creek is consistent with and
in furtherance of Coastal Act Sections 30231 and 302233.
The impacts of the additional hotel rooms on the Newporter Resort would be subject to
future CEQA/Coastal Development Permit requirements with full discretionary review.
Nnbciosn.519
/a.3
0 6
2. No significant land form alteration of the bluff face shall be allowed in
order to rectify existing and potential geologic instability for the residential
development area; non -engineered solutions shall be utilized such as
greater setbacks if necessary. Minor gradipg and filling or erosion gullies
shall be permitted to stabilize public use areas.
f mbdoss►.519
/112WI
0 0
e. Development effecting the habitat of any species listed as threatened or endangered
under the state and federal endangered species acts or affecting "waters of the United
States' is subject to the full regulatory authority of those endangered species acts and
Corps 404 requirements, as indicated in the Development Agreement EIR, under federal
law supremacy and under Government Code Section 65869.5.
f. Site specific coastal development permit applications shall,include approvals from
the California Department of Fish and Game and U.S. Fish and Wildlife Service, where
applicable.
g. Wetland encroachment is limited to that necessary for the expansion of Dover
Drive on the Upper Castaways site. The access road for the Newporter North site shall
avoid wetland encroachment; if such access is later determined to be infeasible, the
applicant may, through a coastal development permit application, propose that alternative
means of ingress and egress meet the requirements of Chapter 3 of the Coastal Act. All
wetland encroachment shall be subject to the following criteria:
1. Wetland encroachment shall be the absolute minimum necessary for
construction of the improvement. The encroachment shall be
approximately .8 acres -of wetland fill at Upper Castaways. The site
specific coastal development permit shall include an analysis of the least
environmentally damaging Dover Drive construction alternative.
2. All wetland encroachment shall be mitigated at a ratio of 4 square feet of
wetlands created for each square foot lost. Encroachment mitigation may
occur onsite or offsite so long as it is within the vicinity of the Upper
Newport Bay ecological reserve and within the coastal zone boundary.
3. The site specific coastal development permit request shall include a
detailed wetland mitigation plan which includes phasing, planting and
monitoring/maintenance provisions.
4. Wetland buffers of 100 feet shall be maintained; however, the buffer width
may be reduced to 50 feet if the California Department of Fish and Game
finds such reduction will not adversely impact the wetland resource.
Nothing in this section relieves Company of its obligation to make, and pay for, the
improvements described in Exhibit "C".
h. Any bluff stabilization necessary to resolve existing erosion problems shall
involve:
1. The least amount of work necessary to eliminate, or to reduce to a level
of insignificance, the existing erosion problem.
2 rnmbcioma.519
�a�
CATEGORYI
Definition. Category 1 sites have: (1) specifically defined principal permitted uses; (2)
specifically delineated "development envelopes" and (3) specifically defined "maximum extent
of grading for non-public uses" lines, They are specifically delineated on the Development
Agreement Addendum site maps (A through E):
Sites included in this category are:
A. Upper Castaways
B. Newporter North/Newporter Knoll
C. San Diego Creek South
D. Bay View Landing
E. Corporate Plaza West
Future Discretionary Review: The following provisos apply:
a. The Development Agreement specifically provides for future CEQA review in
connection with the City discretionary site permit process;
b. Future Coastal Act discretionary review (Coastal Development Permit through
Coastal Commission or the City) may result in further limitations on the mapped
development area based on new/more specific biological or geotechnical information,
provided that the landowner may relocate development within the "maximum extent of
grading area for non-public uses" shown on the Development Agreement Addendum map
so long as:
(i) City of Newport Beach height, lot coverage, setback and other similar
requirements are met;
(ff) the alternative location is not in conflict with specific environmental
resource protection siting criteria resulting from future CEQA/Coastal Act
or other regulatory agency requirements; and
(iii) the intensity and type of development and the total amount of development
acreage are consistent with the Development Agreement PC regulations
and maximum extent of grading maps in the Addendum;
C. Site specific erosion and urban runoff control measures and other impact
mitigation measures (e.g. light and glare) are subject to full CEQA, Clean Water Act,
Coastal Act and other applicable state and federal environmental law discretionary review;
d. Public facility and open space uses requiring site alteration and/or providing access
in close proximity to sensitive habitat areas are subject to the same discretionary review
provisions as development uses;
f mbetosta.519
EJEW
FAMli
EXHIBIT "I"
NEWPORT BEACH CIRCULATION IMPROVEMENT AND
OPEN SPACE AGREEMENT ADDENDUM
Pursuant to California Government Code Section 65869, a development agreement for
property located in the coastal zone, without a certified local coastal program, must be approved
by the California Coastal Commission. On June 10, 1993, the California Coastal Commission
approved the Newport Beach Circulation Improvement and Open Space Agreement and this
Addendum. The Addendum language shall take precedence over the Development Agreement
and Planned Community text language and where there is a conflict, the Addendum shall
supersede.
The Addendum comprises the following:
1. Text that correlates two categories of site maps representing two levels of
development specificity and text defining the scope of future discretionary review under CEQA,
the Coastal Act and other state and federal environmental laws.
Site maps identifying development parameters and sensitive habitat.
fn:nbciosaa.519
%/9
6
PLANNED COMMUNITY TEXT
1. North Ford Amendment
(San Diego Creek South)
2. San Diego Creek North and
Jamboree/MacArthur
3. Upper Castaways
4, Bayview Landing
6, Newporter North/Newporter Knoll
6. Block 800 Amendment
7. Corporate Plaza West
8. Harbor View Hills Amendment
(Freeway Reservation)
EXHIBIT "H"
ORDINANCE/AMENDMENT DATE OF
NO. ADOPTION
Amendment No. 766 8/24/92
Ordinance No. 92-39 8/24/92
Ordinance No. 92-36 9/28/92
Ordinance No. 92-38 9/28/92
Ordinance No, 92--37 8/24192
Amendment No, 769 8/24/92
Ordinance No, 92-40 8124/92
Amendment No, 763 8/24/92
Exh—H
EXHIBIT'G'
NEWPORT BEACH
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
PROCESSING SCHEDULE
MARCH 02. 1992
ITEM
NO.
ENTITLEMENT AGREEMENT
191 ><
JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR
APR MAY JUN JUL AUG SEP OCT NOVJQEC1
City Council initiates process for
.Complete
Agreement and EIR
2
Prepare Agreement Document
Complete
,
3
She Plan / P.C. Text Preparation
Complete
4
City selection of EIR Consultant
Complete
5
Publish EIR Notice of Preparation
Complete
6
PB & R Review
Complete
7
Prepare Environmental Documents
r�"`.vit 2}yN,< �•r+tV`-�•tM•.YMs'rt a g,,•°iii%enY+-'^..'n,
sty' ' a' DDa> Co.`A : F^•d�
r
B
EIR Screen Check Review
9
45 day public review of EIRu��.
10
Planning Commission Hearings,
EIR and Agreement
11
City Council Hearings,
EIR and Agreement
12
1 Coastal Commission review and approval
-
V
0 1
0 0
EXHIBIT "Fil
OPEN SPACE DEDICATION
The parcels) to be dedicated/conveyed to the City will be
transferred (a) without any warranty concerning suitability for
City's intended use of the property, (b) without any warranty
concerning the absence of hazardous or toxic materials, (c) subject
to standard CLTA exceptions to title, (d) subject to existing
encroachments and easements of record or apparent as of the date of
this Agreement, and (e) subject to the following reservations and
covenants: (1) a reservation of ground water and mineral rights,
but without surface entry; (2) a reservation of easements as needed
for installation of utilities required to serve development on
other properties (e.g. a drainage easement across Newporter North),
to perform habitat mitigation in or adjacent to environmentally
sensitive habitat areas to mitigate for development impacts on
development parcels, for reburial of disturbed native American
remains on Newporter North, for public rights -of -way, and for
temporary construction access and staging; and (3) covenants that
the parcel(s) will be used consistent with the PC Texts, that the
Company will have the right to review and comment on park plans and
improvement plans, that the City will not require the Company to
provide, directly or indirectly, for parking related to public use
of the conveyed lands, that the City will maintain the lands in a
safe and attractive condition, and that the City will not abandon
the conveyed parcels nor transfer them to a third party for any
development purpose.
Notwithstanding the foregoing:
1. Company shall complete, to City's satisfaction, a remediation
program for the removal of known petroleum products or
hazardous wastes on the Bayview Landing Parcel prior to
dedication. Company shall diligently pursue the remediation
program to completion so that timing of the dedication is not
affected.
2. To facilitate the widening of Dover Drive or access to the
park or open space on Castaways, the City may convey to the
Lutheran Church a portion of the dedicated parcel on the south
sAde of the Church property. The amount of property conveyed
to the Church in the event Dover Drive is widened shall, at a
minimum, provide replacement parking -for spaces lost as a
result of a widening. Any conveyance to the Church to provide
replacement parking shall be conditioned on the Church's
conveyance of Dover Drive frontage necessary to accommodate
the widening to Master Plan standards.
3. Company shall have the right to waive any and all of the
reservations or covenants with respect to any parcel to be
dedicated so long as the proposed use of the property is
consistent with the PC Text.
//6
EXHIBIT 'E'
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
OPEN SPACE DEDICATION
DATE:
11 /24/92
#
PROPERTY
OPEN SPACE
ACRES TO BE
DEDICATED (,
TIMING OF
DEDICATION
1.
SAN DIEGO CREEK SOUTH
2.4
(3)
2.
SAN DIEGO CREEK NORTH
8.6
(3)
3.
JAMBOREE/MAC ARTHUR
4.7
(3)
4.
UPPER CASTAWAYS
30.6
(2)
5.
BAY VIEW LANDING
11.1
F
6.
NEWPORTER NORTH
47.2
(2)
7. 7
BLOCK 800
—0—
N/A
8.
CORPORATE PLAZA WEST
—0—
N/A
9.
FREEWAY RESERVATION
North Area
South Area
17.3
—0—
(2)
N/A
10.
NEWPORTER KNOLL
12.0
(1)
11.
NEWPORTER RESORT
—0—
N/A
12.
NEWPORT VILLAGE
from library to San Miguel
12.8
(4)
TOTAL
146.7
(1) Open Space to be dedicated upon Effective Date of Agreement.
(2) Open Space to be dedicated upon issuance of first building permit.
(3) Open Space shall be offered for dedication upon issuance of last
building permit of all projects contained in this Agreement.
The Company may elect to waive this condition.
(4) Open Space area, to be dedicated upon issuance of first building
permits for both Upper Castaways and Newporter North.
//s
EXHIBIT "D"
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
DEVELOPMENT AREA
DATE:
11/24/92
DEVELOPMENT i
#
PROPERTY
DEVELOPMENT
AREA (ACRES) ,
1
1.
SAN DIEGO CREEK SOUTH
Residential — 300 D.U.
18.4
—'
2.
SAN DIEGO CREEK NORTH
Open Space
—0-
3.
JAMBOREE/MAC ARTHUR
Open Space
0—
i
4.
UPPER CASTAWAYS
Residential — 151 D.U.
26.0
5. BAY VIEW LANDING
i Restaurant — 10,000 S.F. or
5.0
Health Club — 40,000 S.F. or
��
Senior Residential — 120 D.U.
6.
NEWPORTER NORTH
Residential — 212 D.U.
30.0
7.
; BLOCK 800
Residential — 245 D:U.
6.4
I
8,
CORPORATE PLAZA WEST
Office — 94,000 S.F.
9.0
9.
FREEWAY RESERVATION
North Area
Residential — 36 D.U.
7.5
South Area
Residential — 12 D.U.
3.5
10.
NEWPORTER KNOLL
Open Space
—0-
11.
NEWPORTER RESORT
Hotel — Additional 68 Rooms
onsite
12.
NEWPORT VILLAGE
Open Space
—0—
library to San Mf uet
TOTAL
06.0
F-1
EXHIBIT 'C'
6
EXHIBIT "B"
Newport Beach Undeveloped Sites
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
0 0
EXHIBIT 'A'
CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
DATE:
09/04/92
#
PROPERTY
GROSS
ACRES
GENERAL PLAN
ENTITLEMENT
1.
San Diego Creek South
21.0
Residential — 300 D.U.
2.
San Diego Creek North
14.7
Office — 112,000 S.F.
3.
Jamboree/MacArthur
4.7
Office — 50,000 S.F.
4.
Upper Castaways
56.6
Residential — 151 D.U.
5.
Bay View Landing
16.1
Restaurant — 10,000 S.F or
Health Club — 40 000 S.F.
6.
Newporter North
77.2
Residential — 212 D.U.
7.
Block 800
6.4
Residential — 245 D.U.
8.
Corporate Plaza West
9.0
Office — 94,000 S.F.
9.
Freeway Reservation
28.3
Residential — 76 D.U.
10.
Newporter Knoll
12.0
Open Space
11.
Newporter Resort
— — — —
Hotel — Additional 68 Rooms
12.
Newport Village
from library to San Miguel)
12.8
Administrative/Professional
Financial — 0 S.F.
TOTAL
258.8
STATE OF CALIFORNIA
COUNTY OF ORANGE
On June 23, 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared
Gary H. Hunt and Peter D. Zeughauser, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities and that by their signature on the instrument the persons, or the entity upon behalf
of which the persons acted, executed the instrument.
Witness my hand and official seal.
i
Carole M. Zaffino 1
Notary Public in and for
said County and State
zyj� p CAROLE M• ZA.FFINO
COMM. 0966610
NotcCrycCJo
CANCblC.t
Afy ccmm'sa'c.. ra;.xs
Juh� 51, iKKS
A9
LEGEND
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^-- KRGiIw
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LEGAL DESCRIPTION:
• Iwilw P t01 2 iIUR 1155
t Iwilw> tG IM. NI
SJ InIK'6 nMlYlilw.
ME.. lE.IW IA(5.
,R �T:o✓ .fwl
" J
VIEW PARK
AREAS
+ » ACTIVE PARK SITE
4.8 ACRESt
=
_
+
L26
DEVELOPMENT AREA
ACRES MAXIMUM
mm�W{buhKe
SETBACK CRITERIA EXHIBIT
�—
'^�.
C
O
N
S T R
A I
N T
S M
A
P
UPPER
CASTAWAYS
• NEWPORT
BEACH
' CALIFORNIA
rwum rG. unK rrcvlc mean
LY NKGr QMG GIK
ItHGi EG�w. 4
rwu® en wwc . nKnG cnn nclKus. IK.
le unGttt rxu
IIIrIK. 4 V` Ir
MAP 4
•I
0
NOTE; Development area denotes the portion
of the sltc identified for dovciopment of
residential uses in the proposed PC
Text.
Grading could also occur for roads,
open apace ores, trails, and bluff
restoration, outside of areas designated
for dcvelopmcat.
o•'�:%)
VEGETATIVE COMMUNITIES
':•:: • :
FRESHWATER MARSH
; ,^.�.
•:'' :': x:.i,�,
\
• ::;:;:;:::: ' ::::;:;:;
:•:•:•:• INTRODUCED ANNUAL GRASSLAND
,i�
COASTAL SAGE SCRUB
SALT MARSH
r•t.
NOTE: Grading will occur for roads, open space `
uses, trails, bluff restoration, ele. outside
of areas designated for development.
® DEVELOPMENT AREA
PROPOSED DEVELOPMENT. AREAS
BIOLOGICAL RESOURCES
UPPER CASTAWAYS
CIRCULATION IMPROVEMENT & OPEN SPACE AGREEMENT
City of Newport Beach
Source: Steven Nelson
Imm
PIACNIF<c l%c
no scale
~.`.` NEWPORTER''KNOLL
APFN SPAU1=11.
. ^ .fig+ f r+ .. _.�... , . , `•,.:, '=�"p;•—`sue_ - ' � �
weu
PMENT-ARE
IES MAXIMUM _
AREAS
[(.p[gpR µG 9pOK
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LEGEND Tou4yrt na�K
A V
�. GSfKMuaG m. L11
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--
�ov
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r
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is BLUFF SETBACK CRITERIA EXHIBIT
��'I _ ,� ;. __ - tea` '- �'<` ''r:.• _ - M •-
C 0
N S
T R All
N
T S
M A P
NEWPORTER
NORTH &
NEWPORTER KNOLL
+
NEWPORT BEACH
• CALIFORNIA
IWIXO iP. I0.KK IKIIIC LVI0.M
YC KV bll QMI(lt GIK
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IFYIK. G 9U10.
No. B
3
::
. .......'i':.. ............
VEGETATIVE COMMUNITIES — -
r� INTRODUCED ANNUAL, • fl SSL�AND
COASTAL SAGE SCRUB r '
FRESHWATER MARSH
ORNAMENTAL
NOTE: Developmeotarea denotes the portion
of the site identified for development of
residential uses in the proposed PC Test
Grading could also occur for roads,
open space uses, trails, and blurt
restoration, outside of areas designated
for development,
•psi.\wti1%� � �/� . i
X.
'::: •;
� • c 1
l '
AREA
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS
NEWPORTER NORTH/NEWPORTER KNOLL
CIRCULATION IMPROVEMENT &
OPEN SPACE AGREEMENT
City of Newport Beach
Source: Steven Nelson
no scale •
63
0
•
_'- --•——'-'---.:_.....^m-..--._ _ _ LEGEND
•- •- - �— - t —J �- � -- E/SFt[xl W SEIpKA L11£
lCR VKVL
AREA )dB1Aa)IGIS
� A
DEVELOPMENT AREA I
16614dIES MAXIMUM a A .f A
-
S
�Qr /O Of• TRAIT /E.109 ASti/�
AREA EO. 96 4,zwC (�
/ \ h
A- r�
:..,
cRnowtotz: X
�`�.\ �-�� w.1l,aaanGRmntloo 'f .Af?c
.` \� \ (ccNhall av mdvlaivcd: , �• '
..\ mryhvmdu"fo'.L to
Glifomi
if16c a Ge
`�'; w tish avd Gamv Gvda.vch i
\ � rcdumion rill nvl f\�/ �� ES ',
CONSTRAINTS MAP
SAN OI EGO CREEK SOUTH • NEWPORT BEACH _CALIF:
a
I /pVAVD fW,
IM1YI14 PA[IEIC CdVAM
d11YE
KWMT REACH. CA
P AREC By.
ACNE. o@FE,EA CIVIL VACIKEAB. I
la CCWbuIE vAM1R
M'
r--= DEVELOPMENT AREA
VEGETATIVE COMMU�
FRESHWATER
I
RUDERAL
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS
SAN DIEGO CREEK SOUTH
CIRCULATION IMPROVEMENT &
OPEN SPACE AGREEMENT
City of Newport Beach
Wetland buffea of 100
feet abaU be maintained;
however, the buffer width
may be reduced to 50 feet
if the California Dept. of
Binh and Game finds such
reduction will not
advmcly impact the
Wetland recourse.
Y3e development arcs dcootes the
Portion of the site identified for
multi —family residential uses in the
proposedPCTest. Gradingwillalco
occur for road Smiprovements out aide
Of arms designated for development.
Source: Steven Nelson
no scale
58
C 0 N S T R A I N T S MAS'
BAYVIEW LANDING NEIJPDRT BEACH CALIFORNIA o. ,_ram yF '�_ �•`
DEVELOPMENT/.REA
�``� •v>. ^ c..'_ ? ij 50 ACRES"
N.
AREAS AREA /AeuA//a.s - /r >' �f il�y i /4 �. / _�Gr� �i r , ,—� •;",;' `
ammtxeun m.e /wwrf[e./tre Apfs��'• I (YC // /i /I % 4 �'��'\
L E G E N D
ronl.art a,.e /ocK•/e.m Aaes ��/I ll� ./!. ,'/ -a-\' •�ryr..,i o�.uw, uK
- i rY '• t� OPEN SPACE! ' = i •o ; •-...�....K
III ACREW
r=�ry� ,=�_ • / _ -/.1T�', •'.� 11Vwf01i• InIK.Kf�rOnY PIK
__ ��-�`�J�_ rv. _-- ^u• �— l • `'% •J• �� •JT M1V✓f0.,. Kv�,14[IG t1,It 4C1Y4I. IC
MAP 6
No. D
•
NOTE: Development area denotes C
of the site identified for den
commercial uses in the prop
Grading could also occur lot
open space uses, trails, and 1
restoration, outside of areas
fordevelopment.
VEGETATIVE COMMUNITIE
INTRODUCED ANNI
COASTAL SAGE SC
L`'_=
" RUDERAL
CO�fr - L(:nv•�
u DEVELOPMENTAREA
Source: Steven Nee
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS SMin(
Aj
BAYVIEW LANDING 11;:,
CIRCULATION IMPROVEMENT &
OPEN SPACE AGREEMENT no scale
City of Newport Beach 6.9
•
1 40
EASEMENT WES =
1—wwulmxmrlmxfnvuxwlnnann nun,
u u n mm nIn nu W 1 oval n rnnn ludo[
mm�nnnm
1 I....I111114NO11RNttlrlllYII II�IYIOI(IIl11T 111
1 111111UIN 11(fIN UIII[IIIYUnU1I N1111111 YIIIIIII al,
11If
141111 �nn"I fY111 tl YNINIMIY IIxIn11111W rl N1111Y IIIfJIM
fO-IrnUr Unnnn UUWR rnlxl ltlrrA[IN,1r b t frl
O n1I II�Ir1/II IIIUIIIIWYIn1 Y111{IIJIII Ufn l{YNI
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O_Imnn....we I'monnm mn.nunlytnxw
AREAS
FUTURE DEVELOPMENT
9.0 AC
EXISTING DEVELOPMENT
1.6 AC
OPEN SPACE I.5 AC — \
TOTAL SITE 12.1 AC 1,\j
v.r
c
iMn�liiie�
'
LT
-
EAST
30- CITY SETBACK
lon
FUTURE DEVELOPMENT -AREA
9.0 ACRES
IC
OPEN SPACE
15 ACRES
vlrlr. o-nu
lllrl
C O A S T 11 I G 11 IV A Y'=
CONSTRAINTS MAP
CORPORATE PLAZA WEST
NEWPOI.T BEACH, CALIFORINA
MAP 7
m
♦oun slnlru
e
NOTE: Development area denotes the portion of
the site Identified for officekommercial
uses In the proposed PC Text. No grad.
Ing beyond these Iimds Is expected.
DEVELOPMENT AREA
VEGETATIVE COMMUNITIES
RUDERAL
® ORNAMENTAL
. IYIYIY —
.IiW
I n.Y f
tIY1•.rmrM1Y[
I.Vw
♦ nIrr'm
1
11_ - _ _ Irtl\I• 1�
E A S T C 0 AS T li I G Ii W A Y
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS
CORPORATE PLAZA WEST
CIRCULATION IMPROVEMENT &
OPEN SPACE AGREEMENT -
City of Newport Beach
11 r u••:r.
r .n•I
usnlr. l Y..
in
�J
r lrrtlYf
P IY
y�Source: Steven Nelso
SrA inc.
it 1.•.1... 1\I
no scale
65 ��,
/UC AgThWP BVV.
7Z—
CONSTRAINTS MAP
JAMBOREE / MAC ARTHUR * NEWPORT BEACH * CALIF."\ �/ /
/ PREPARED FOR,
PREPARED BY
IRVINE PACIFIC CDWxNY
550 NEVPOHT CENTER DRIVE
NEWORT BEACH. G.
ADADS • 57RECTER CIVIL ENGINEERS INC.
15 CDRPDRATE PARK
(RUNE. CA.
Mn. F
MAP 31
. /rra'AR7wtK RIa:
s
EXISTING
LANDSCAPE
CORNER
VEGETATIVE COMMUNITIES
® FRESHWATER MARSH
m
NOTE: The proposed PCText does not identify
a dewloprnwnt area Open space uses
will be permitted on the site. Only limit.
ad grading could be expected or associ.
ated with habitat restoration: Wndscap.
Ing. Any Improvements -to drainage or
transportation facilities coutd also require
Wading on the site.
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS
JAMBOREE/MACARTHUR
CIRCULATION IMPROVEMENT &
OPEN SPACE AGREEMENT
City of Newport Beach
14
rn
Source: Steven Nelsc
no scale
Fn
d
AREAS
5�It 1 •UF rye �uanv v.c
IPN'��pp , \ ! „_. •rH ... i' - mwmc wn
�' fit cK= 1. ` y. J r• ?.,
/ i it "1• ? i `w•u I y`
• f l •� / •% r �% i
6-1
� ,+ , �� � '`s� �� i • uaeo / f ;n• l� , .I �+ i ` V NATURAL OPEN SPACE
FOR HABITAT ENHANCEMEtvT
- ¢..w.. e . � -���` •, :, .., 1, •p p ;. < �• > � -
�:f. P. BLIC • i,A . -.
. `.`/ ''i` ' • ^, u ..'\ , r+ — r , ~-' NOTE:
Roads shown for
�.:;_=•= =� � — ,� -; i \ j conceptual purposes
-.lame - .'r/ r••' it s.H ``\. 1 only. Not included in
Development Agree
.�a ,''.� -'``%. ':' J _:3 ._.-,•F l _� -c.. ment per Addenuem Text
LEGEND 1 �1� ....w,,.r_�--•_ l!
C 0 N S T R A I N,TS A P
SAN DIEGO GREEK NORTH NEWPORT BEACH CALIFORMA
M
VEGETATIVE COMMUNITIES
RUDERAL
® FRESHWATER MARSH +
ASI}
I
;
Cnurro• Q}nvnn tJc�cni
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS Mr, smi..
SAN DIEGO CREEK NORTH ,-,,,,;,,4u:
CIRCULATION IMPROVEMENT & "=%mmml�
OPEN SPACE AGREEMENT no scale
City of Newport Beach 59
4901
6Ts*v"o!*v:uj
alettgsq anplsuas pus smatumed luawdolanap gulf;nuopl sdL ai!S Z
•smlel muowuotlnuo puapa; pule alsn satpo pule JoV msvoo aq)
'Vaao japun matnaz dssuopaioslp otmn;;o odoos otp gutugop axat put f4joUloods juatudolanap
;o slanal omi Oupuasaidai sdsw ails ;o sop 2oq o oml mulamw ;ttp jxoL I
:Sutmollo; zip sosudwoo wnpuappV aq•L
•opasiadns
Ms wnpuappd oqi yotUuoo s St aioga asogm pyre oftnftel Ixaa Al!unwwoo pouusld pule
juatugoAV juawdolaeaa otn iano oouopaoaid a4m• llsgs agsngtrel wnpuappd agy wnpuappd
snn pus auawaal9V aosdg undo pus iuowanoidwj uonslnoito gorq uodm*N oqa pmoidds
uotsstwwoo Mssoo stuso;tileo oqa `£661 oun f uo •uotsslwwoo Mssoo lelwo;llleo aq; Aq
panoidds oq asnw lumgotd Islssoo I ml poUpoo s tnogtlm'auoz llenssoo atp ut pzlml Avadoid
so;;uawaasps auawdolanap le `69859 uonoas apoo auawtuanoo siuio;geo of lusnsind
N namaQQV 1.N masoV aom Nado
CKV J NaI11 OUdM NOLLV'IfIDUIo HOVas DdOdMaN
mh .LIHIMS
0 0
CATEGORY 1
Definition. Category 1 sites have: (1) specifically defined principal permitted uses; (2)
specifically delineated "development envelopes" and (3) specifically defined "maximum extent
of grading for non-public uses" lines. They are specifically delineated on the Development
Agreement Addendum site maps (A through E):
Sites included in this category are:
A. Upper Castaways
B. Newporter North/Newporter Knoll
C. San Diego Creek South
D. Bay View Landing
E. Corporate Plaza West
Future Discretionary Review: The following provisos apply:
a. The Development Agreement specifically provides 'for future CEQA review in
connection with the City discretionary site permit process;
b. Future Coastal Act discretionary review (Coastal Development Permit through
Coastal Commission or the City) may result in further limitations on the mapped
development area based on new/more specific biological or geotechnicai information,
provided that the landowner may relocate development within the "maximum extent of
grading area for non-public uses" shown on the Development Agreement Addendum map
so long as:
(i) City of Newport Beach height, lot coverage, setback and other similar
requirements are met;
(ii) the alternative location is not in conflict with specific environmental
resource protection siting criteria resulting from future CEQA/Coastal Act
or other regulatory agency requirements; and
(iii) the intensity and type.of development and the total amount of development
acreage are consistent with the Development Agreement PC regulations
and maximum extent of grading maps in the Addendum;
C. Site specific erosion and urban runoff control measures and other impact
mitigation measures (e.g. light and glare) are subject to full CEQA, Clean Water Act,
Coastal Act and other applicable state and federal environmental law discretionary review;
d. Public facility and open space uses requiring site alteration and/or providing access
in close proximity to sensitive habitat areas are subject to the same discretionary review
provisions as development uses;
fnmboioms-519
/ /,
0
e. Development effecting the habitat of any species listed as threatened or endangered
under the state and federal endangered species acts or affecting "waters of the United
States' is subject to the full regulatory authority of those endangered species acts and
Corps 404 requirements, as indicated in the Development Agreement EIR, under federal
law supremacy and under Government Code Section 65869.5.
f. Site specific coastal development permit applications shall include approvals from
the California Department of Fish and Game and U.S. Fish and Wildlife Service, where
applicable.
g. Wetland encroachment is limited to that necessary for the expansion of Dover
Drive on the Upper Castaways site. The access road for the Newporter North site shall
avoid wetland encroachment; if such access is later determined to be infeasible, the
applicant may, through a coastal development permit application, propose that alternative
means of ingress and egress meet the requirements of Chapter 3 of the Coastal Act. All
wetland encroachment shall be subject to the following criteria:
1. Wetland encroachment shall be the absolute minimum necessary for
construction of the improvement. The encroachment shall be
approximately .8 acres of wetland fill at Upper Castaways. The site
specific coastal development permit shall include an analysis of the least
environmentally damaging Dover Drive construction alternative.
2. All wetland encroachment shall be mitigated at a ratio of 4 square feet of
wetlands created for each square foot lost. Encroachment mitigation may
occur onsite or offsite so long as it is within the vicinity of the Upper
Newport Bay ecological reserve and within the coastal zone boundary.
3. The site specific coastal development permit request shall include a
detailed wetland mitigation plan which includes phasing, planting and
monitoring/maintenance provisions.
4. Wetland buffers of 100 feet shall be maintained; however, the buffer width
may be reduced to 50 feet if the California Department of Fish and Game
finds such reduction will not adversely impact the wetland resource.
Nothing in this section relieves Company of its obligation to make, and pay for, the
improvements described in Exhibit "C".
h. Any bluff stabilization necessary to resolve existing erosion problems shall
involve:
1. The least amount of work necessary to eliminate, or to reduce to a level
of insignificance, the existing erosion problem.
2 knbetoMLS19
H/
S
2. No significant land form alteration of the bluff face shall be allowed in
order to rectify existing and potential geologic instability for the residential
development area; non -engineered solutions shall be utilized such as
greater setbacks if necessary. Minor grading and filling or erosion gullies
shall be permitted to stabilize public use areas.
f mbio"a.519
/Ta
LEGEND
�w
aoort w �IwI uK
— tlNKI 4K
rlJarusrt ,.
uYr.a[
raas .
lO YILK
rIR
LEGAL DESCRIPTIONS
• ranw Sur r Hutt ua
.w • Mnw s 1» IrY. wa.
sa twlK•r aJ.lnno..
urJ . xrw Jar>.
�.,,-'
•' .� _
°
AREAS
ACTNE PARK SRE
r:.
Its ACR ESQ
I
w' `^
•�%'
�
�
L%Yr'>,"�
.'}���r.
�'�
� �• .Y DEY�ELMOf�PApO�:�iVA�RE�A
.
_cL
2 IM: OV V.w..w.r
���
VIEW PARK
Z
US ACRES
"=''='�_
T Lj
_
\r
'r
J
srr�.rw�'a
P+Y
nwria. a.IK rJrnR OfJT
Y IMIf'011O YM
IOAf fM4 U
YOIA R. Jr.w•rIC1A CIvRMIKW. K.
Ir NaM.R 1.N1
naYL G OIY
MAP 4
C
O
N S T R
A I N T
S M
A
P
UPPER CASTAWAYS
• NEWPORT BEACH
• CALIFORNIA
No. A
it
9
• .,,.
, ,
:;.
•=;;; :,
NOTE:
Development area deaoles the portion
•.•:,
of the site ideatiried for devciopmeat of
'%•`
residential uses in the proposed PC Text.
•r�i
Grading could also occur for roads,
••,,.
open space Lien, trails, and bluff
restoration, outside of areas designated
for development.
-• :ice
VEGETATIVE COMMUNITIES
= FRESHWATER MARSH
I•.•.•.•: ] INTRODUCED ANNUAL GRASSLAND
U9COASTAL SAGE SCRUB'
ME SALT MARSH
:,•vim �•.
DEVELOPMENT AREA
NOTE: Grading will occur for roads, open space
usos, trails, bluff restoration, etc. outside
of areas designated for development.
PROPOSED DEVELOPMENT AREAS
BIOLOGICAL RESOURCES
UPPER CASTAWAYS
CIRCULATION IMPROVEMENT & OPEK SPACE AGREEMENT
City of Newport Beach
Source: Steven Nelson
zinc
PLOWING. INC
F pm"61=13111111
no scale
61
i
-� -
NEWP�O�RTERxNOLL
Tii3i
wµ.•.SP�' F'
�.-/r
Ii
T%� �- �� _ ,s�.'"==-`=2s� ..
AREAS
CMMpfMfA i00K
LEGEND
IOMtM MfK
[VQM q KfYb[ GK
y nlC..lgf
.� w•nc
— Iara
IR.+tK
_ uow>gle.t nrt
r—• WI YGCT.IIY
`, -! Ih� .rqr. 1: -�/,• «1 .![•, :-:-� tkK{ z6LVFF SEfDACIC CRRERIA E.XMW
_ - `'/ �A.' - t •/N..' DEVELOP REA -- _—_*_�• ` --
_ •.« r.> ACRESMAXlMJ.51 ~l'' a. .s -•
, rt t�lnq • ••! •, ' / 1 - n7 �� � �-, !.•mot^•• ..y
•-
— — - - - - -
_
i
I
MCKdti
C 0 N S
T R A I N T S M P
YY KYgI mlfq qIK
A
KIIOII rtcoi. u
M1VNO n. IY\ - GIIQIII Glll w10. OC.
NEWPORTER NORTH &
NEWPORTER KNOLL • NEWPORT BEACH % CALIFORNIA
"I+n•
MA.
No. 5
ek, 1
LA
..
....
+5
5 s
VEGETATIVE COMMUNITIES
INTRODUCED ANNUAL.gPASSL�AND •'', ••
-7�:' %•' COASTAL SAGE SCRUB
FRESHWATER MARSH
ORNAMENTAL
n
-v
::r;.
:.
AREA
NOTE: Development area denotes the portion
of the site identified -for development of
residential uses in the proposed PC Test
Grading could also occur for roads,
open space uses, trails, and bluff
restoration, outside of areas dciignatcd
for development.
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS
NEWPORTER NORTHINEWPORTER KNOLL
CIRCULATION IMPROVEMENT &
OPEN SPACE AGREEMENT
City of Newport Beach
Source: Steven Nelson
KEW
A NI-� -Sr—A-inc
rum,Am�
DaO P(NENT AREA
ue
YS
�4LiY.�I
CONSTRAINTS MAP
IEGO CREEK SOUTH - NEUPORT RFACH .
:Ct i0 O< Zd4lCl. /7JOD
.< F bw.er,LLe b.O2rrrNLL
/- f.)bs rt�vlbNfnr - -
__ i[IIe Glifani. DsDLN
rYrrie-rin w[
LEGEND
o -.. • ( r.' Evil f(tlbt u
LIK
WMET U .T
�L
'/IV.Ulp
�'� fq.
I�IrrK IICIfiC OYfAMt
�•
]]0 K.+qi Wrtq qIK
•:
: - IONm ti.
. �..•.
.ow. - .nrlrnr CIVIL 1103 L .
.e Lv TL r.K
No. C
•I
,
C O N S T R A I N T S M A P
BAYVIEN LANDING • NEWPORRT BEACH CALIFORNIA
.-A
AflEASn "I vlav
num .,waa �
fMOIIfMA NK %AC'II C. - oro/I.IO.fGffS
bA•1� IC 7. ARFf s
AYLYR YIK lOT�
o
D1 NELOPMENT/fREA
1t1 ACRE
D�
Fi
. PARCEL C'
L E G E N D
%' A
_� •nm uK
,!
r�ee rv.
mi•..cme� q
rmo n.
w.m.wrz r..un� m,m•. ne.
MAP 6
Nn n
*I
#1
VEGETATIVE COMMUI
FRESI (WATER
RUDERAL
% a
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS
SAN DIEGO CREEK SOUTH
CIRCULATION IMPROVEMENT &
OPEN SPACE AGREEMENT
City of Newport Beach
ti
DEVELOPMENT AREA
Wetland buffers of fo0
feet shall be maintained;
however, the buffer width
may be reduced to 50 feet
if the California DcpL of
Fuh and Game feuds such
reduction will not
adversely impact the
wetland resoarae.
13e development area denote the
portion or the ■itc identified for
multi —family residential uses in the
Proposed2CTesL Gradinywilla•
oeeur for road imiprovements out aj
of areas deaianated for develoomcar
Source: Steven Nelson
�• o SM..,
1i no scl ales
58
mUtnrt arts.
7IMNpIIIt1Iry1L(IGIRNNNRiR Mr(1NN)♦,
rr lI1YmIN NG Mlpt Ww(Nm1x1111111R
IIIn11n11fNN.
I—anNNtnrtuwuuwem MNrylun u.wx)
1—wcuua imnilryiiuivuniwln iiiiNl (xii)u n,
n u n NIv wnlNmNlryNellminnll dl
(]'-ummN �IMUNI..rrn(wRNINILnIIpu
!'�'fl\LL(Ynnl
�y.�-...I�IGII IMNry(nlyRrnIM1IN,/N(IN.II II I NI
y^^--����. NN1M(NW xNYtL(NIMINSIN(MJl n iNl
�'./�" NNNNI NNL tII11YRRIMRtAM(n111LI14I,1
�Ibf[ry(nIN INiryNIRGNIIR(IXwGNtNN nIM•
!'�'/w w4urvD.tn
/Q�I -N.�I(.NNItrytNW W(w11 RIMInIpfMtw;l4tl nN1
^'• N NwN1 NN1 n1(YNr Rf M NIN,/yt tllSlt It Nqn
AREAS
FUTURE DEVELOPMENT 9.0 AC
EMSTING DEVELOPMENT 1.6 AC
OPEN SPACE 1.5 AC
TOTAL SITE 12.1 AC
I mintt.
i;nlprlr_
L
_
_
E A S T
30' CTfY SETBACK
FUTURE DEVELOPMENT AREA
.9.0 ACRES
OPEN SPACE
�,• 1S ACRES
_ _ O • �. a•Inn
n(r
COAST HIGH{YAY
CONSTRAINTS MAP
CORPORATE PLAZA WEST
NEWPORT BEACH, CALWORINA
No. E
MAP 7
�ua•)nl�1e
lull.
• I
0I
I � )
NOTE: Derelopnent area demote:
of the site idestirsed for ds
commercial uses is the pro
Grading could also ooemr G
open space uses, trails, ■ud
restoration, outside of am
for deuelopment-
VEGETATIVE COMMUNITY
T INTRODUCED ANN
.�
COASTAL SAGE SC
RUDERAL
DEVELOPMENT AREA
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS
BAYVIEW LANDING
CIRCULATION IMPROVEMENT &
OPEN SPACE AGREEMENT
City of Newport Beach
�le
•
Source: Steven Neison I
700M� —SMinc
no scale
62
0
CATEGORY2
Definition. Category 2 sites have either a range of principal permitted uses or no specific
delineation of a "development envelope" and "maximum extent of grading for non-public uses."
(F through H)
Sites included in this category are:
F. Jamboree/MacArthur
G. San Diego Creek North
H. Newporter Resort
I
Future Discretionary Review: All uses on Jamboree/MacArthur and San Diego Creek North
would be subject to future CEQA/Coastal Development Permit review. Thus.for purposes of
future Coastal Act and LCP review of Jamboree/MacArthur and San Diego Creek North,
approval of the Development Agreement and Development Agreement Addendum provides the
following:
- Deletion of office uses allowed by the approved Newport Beach LUP;
- Other public facility uses identified for each site in the Development Agreement
PC text as found to be within the scope of the approved NewportSeach LUP but,
due to absence of analysis of potential impacts and absence 'of development
envelope/maximum grading maps, such uses are subject to full future discretionary
review; s
;i
- No encroachment or loss of wetlands is approved and no other habitat -related
findings are made other than that the habitat protection/restoration designation for
the San Diego Creek North area bordering San Diego Creek is coftsistent with and
in furtherance of Coastal Act Sections 30231 and 302233.
The impacts of the additional hotel rooms on the Newporter Resort would be subject to
future CEQA/Coastal Development Permit requirements with full discretionary review.
fhmWom.519
/S3
NOTE: Development area denotes the portion of
the site Identified for once/commercial
uses In the proposed POText. Nograd-
Ing Ooyond these limits Is expected.
® DEVELOPMENTAREA
VEGETATIVE COMMUNITIES
RUDERAL
ORNAMENTAL
t IYIYtY
• YA• .
t 11 •f
••r•Irin
..xu••1
a w
tnr
E A S T
w•x
L_
�
•t'Yn\
�
t
COAST IIIGI1lYAY'
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS
CORPORATE PLAZA WEST
CIRCULATION IMPROVEMENT &
OPEN SPACE AGREEMENT
City of Newport Beach
Source: Steven Nelson
1•�.1 ,-`m, in
nono sr
65
EXISTING
LANDSCAPE
CORNER
1
VEGETATIVE COMMUNITIES
® FRESHWATER MARSH
0
NOTE: The proposed PCText does no; id,
a development area. Open space
Will be Pertrrtaed on the she. Only lima.
ed grading could be expected or associ.
ated whh habitat restoration: landscap.
ing. Ary Improvements to drainage or
transportation facilities could also requite
grading on the site.
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS
JAMBOREE/MACARTHUR
CIRCULATION IMPROVEMENT &
OPEN SPACE AGREEMENT
City of Newport Beach
Source: Steven Nelson.
no scale
t
MC.L977W &W.
90.
i=V
AREASA'b0WAWA ODACiACAl w VG
Ate 47=
i rNa.T�Y. Y•NT
.4 Pa?rlav OF BLOC/! SO ;
IN IRYIAr'S S!/BDJY/SJON
�� 7°° OPEN
PUBLIC F CITIES'
4 ACRES :
CONSTRAINTS MAP
JAMBOREE / MAC ARTHUR *• NEWPORT BEACH * CALIF.
L
0
II[ �KIfIC COY'ARf
.EVCRT CENTER pIIK
'CRT RGCN. G.
MVARED RT. ADAIiS . SIREEiER CIYIL ENCINFCRR INC.
/I IS CWGIIATE TAM
IRYINE. G.
MAP 3
No F
,*
t
ir
'.
••::y::•:7}Qljr7{,}iifr'%•'7ffiF�} _ 1
t ,IIw• J r • +.. ?.'::/1: {1:.::}f•'ti :��� ~lSY1?':I~� I.
' � ,' r .;:;:.}r... +:7x•iY,� '•4:1j: �lr^�.r I}: jtf.:-li:.
/ 8-22}}:::}{-}y:`> {:.rnaJ�}tr)•fxr f :L'X:.. j {.J
/•:;}};.•{.;{••{{'tJR:'lf•�,7171i:�lijtylr Q�t': � !�' �{y'• . ' � ' ,'_.
. ..: Mr.•7'L7f.:.I
I.
i ::i::�;}.; •.11J,C-SfSh:.•r'•j;.hf:,NJlttf_:;f,•{IJfY �{�Y r$• r• r
•.. }.` . a4 " J: : �i fi... v..r IS�f .!! ?i'i • 'i'?
' / :.L�l-}}... � Y,:SJ�,Il'7}: �::} :{: 1{'.1lll ff• 1T.3�S •Iljl,. t'
••� :L{}:.l.I:l��'J, ;: r,.Y.•n} r4r?:•rf:. ti �•t . 1L71f .•.•. � .
• .S •,�•...�ti,'''' ll}•?l'.:•11',�L''}'i;f ::j �N:{f1•j}S{Yr' {:. ;{r.• J{•;.;
•_ /:i� :l? ':if-'.{JY, Y,JaJ ,. ; ?c' l t�lr,+ ii: f�i ^nr.r,{x � ?li�?° •j ,
_ it {: f ,}Y,f.• { • rl� ::Y}, .}L: r} et{:fi �)� j' ?7'• f i:}
:.:{ j, n: �.7.1,•�}}7{ {:. •. l{. ail �}YJ�.{71�:'G• l ;�!: T:: f;..
•�r:•:•'�}}L•:, •::I• •�,�iL.• •'�`t�,O�� J: Jjf� lr •I�ti(•�r::I.;.L
;•v.�./C•''y:l:e{}7}L"{;:'.:.iii j•:.:SI{„f::ir-f•'v 1,+`''yj' l':i: •� y,
• •:r•••Ty}I: .::+?�:>•' ::,..,.}:,7;{ 'll:lr'rj%}�J•.:�ff. 11,1J �{� . t'tlk+-' ,
. ,} <}i; ::i t=��i'7:i,:\sf i::�:t;:o; .�i {J7•fy •,•7}C:•}if f v }{ r••• fJi f?2.7Jii Q.A
4.. ..:r•:{}�%fal{"'•{.• 'r •:::.. {:17f,•'{;ff�r�?r � •I �f f,LJyyfi?;_yv
' '}:ii3:•i:i:7'fi :�-0 ;tr�r.{{ :•::,:� lJ,n�v.fir hYf •?{�jr r lj�{�t f tiJ: /+'•i:?7
'•�}ir{Llr? :r{:!9ifi•"v.:::.;..,., �i'r�i • iS ,t T , I J �•'L�' '3_
.::: • aiJri � ...fiL }f t$'{:ti:10 f' ?r .• tY l YY ?i+K•:}
:.;.!! f LC•_' :1 : � jrS�;r?} •• lr♦ ,f ?:'�._J+,- i
Jf Y• T { 7Y J"j"l?r?S
1 :,:} ,•: {, L•� L.L•'• •.ff��'[•�•�• ytr V:l •i f �` '' • t i i
•• XY•'r::I'•,.•:~ �:lf'L-'•IJ,I,,'l• }'�'S •Sy'� I�r I? � ~l:t . f� f '�,T�•••. •
�-{'•`�,-{}LI:L{}:fL J 7);� ;•ti jJrl• {�[ r
' {;f::••?l f'7r{`.:1J{' •;ftf{2]lL•L�?ll:tr,.-t,}:,?YYr.•.:r{;i4 },. '•
rlr�lf t !'rtt'f l{c �]•f..'..Ir,}tire •lt`�'t:i
1 •Y,-' •IJ-.7{:{} l' • J . +Y YI :? •.�f.}{'f: 1 •.:j: }}}•'. yti; t• •
VEGETATIVE COMMUNITIES _
RUDERAL
® FRESHWATER MARSH I
Source: Steven Nelson
BIOLOGICAL RESOURCES PROPOSED DEVELOPMENT AREAS
SAN DIEGO CREEK NORTH ®� zinc. j
I,.a„1.1:.1.1_ 1
CIRCULATION IMPROVEMENT & Pie
OPEN SPACE AGREEMENT no scale
City of Newport Beach 59 I
1-
• its
f
� c.r•n
h.
� •x
GE LIM
C O N S T R A I N T S M A P
SAN DIEGO CREEK NORTH NEWPORT BEACH CALIFORMA
_ r
•=•tom. =�. =-•
.�••� "�•
.:
AREAS
wcwam vC
:Z • • I '
NATURAL OPEN SPACE
J tr
n
FOR HASMAT ENHANCEMENT
1
P t
2e AfJa:$ MniI.R11a
!'r ~
•
r•i -1
W ri
} L
r+ •
NOTE
: "� \
i
S Roads shown for
•
}
i ='
3• conceptual purposes
only. Not included in
Development Agree—
mentperAddenuam
.
it
JkL
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
PLAN REVIEW REQUEST
Date: October 19, 1994
X ADVANCE PLANNING DIVISION
X PUBLIC WORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN)
X TRAFFIC ENGINEER
X FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT.
X BUILDING DEPARTMENT
_PARKS & RECREATION
_POLICE DEPARTMENT
MARINE SAFETY
X GRADING
REVENUE
APPLICATION OF: The Leine Company
FOR: Site Plan Review No. 71
DESCRIPTION: Request to approve a Site Plan Review for the development of 119
single family detached dwelling units and 0.8 acres of private open
space on property located in the Upper Castaways Planned
Community.
LOCATION: 900 Dover Drive
REPORT REQUESTED BY: October 26, 1994
COMMISSION REVIEW: November 10, 1994
COMMENTS: This site is located in Statistical Area J1 and designated for Single Family Detached
residential land use by the City's General Plan Land Use Element and Local Coastal Program Land Use
PlanThe bluff areas easterly_ portion of the site are designated for Recreational and Environmental
1. Permitted development shall be designed to minimize the alteration
of natural landforms along bluffs. It is also required that the
applicant shall sign a waiver of all claims against the public for
future liability or damage resulting from permission to built. All
required waive documents shall be recorded with the County of
Orange Recorder's Office.
2. A geological report that determine areas of potential instability or
hazard along with a map indicating such information must be
submitted.
3. The property owner is required to produce document(s) or forms
approved by the City's Attorney or an appropriate state agency for
the emergency shoreline protective device or material. In addition,
said document(s) shall provide for the waiver of all claims and
indemnify the City against liability for any damage resulting from
approval as to the installation of said emergency protective material
or devices.
the proposed subdivision is consistent with the General Plan provisions
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
PLAN REVIEW REQUEST
X ADVANCE PLANNING DIVISION
X'PUBLIC WORKS DEPARTMENT
X TRAFFIC ENGINEER
X FIRE DEPARTMENT
X BUILDING DEPARTMENT
_PARKS & RECREATION
X POLICE DEPARTMENT
_MARINE SAFETY
X GRADING
REVENUE
APPLICATION OF:
•9
Date: October 19. 1994
- X PLANS ATTACHED (PLEASE RETURN)
_PLANS ON FILE IN PLANNING DEPT.
The Irvine Company
Site Plan Review No. 71
DESCRIPTION: Request to approve a Site Plan Review for -the development of
119 single family detached dwelling units and 0.8 acres of
private open §pace on property located in the Upper Castaways
Planned Community.
LOCATION: 900 Dover Drive
REPORT REQUESTED BY: October 26, 1994
COMMISSION REVIEW: November 10, 1994
COMMENTS: Z'W42r,QGL 7W4
11
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
PLAN REVIEW REQUEST
X ADVANCE PLANNING DIVISION
X PUBLIC WORKS DEPARTMENT
X TRAFFIC ENGINEER ;
X FIRE DEPARTMENT
X BUILDING DEPARTMENT
_PARKS & RECREATION
X POLICE DEPARTMENT
_MARINE SAFETY
X GRADING
REVENUE
Date: October 19, 1994
X PLANS ATTACHED (PLEASE RETURN)
_PLANS ON FILE IN PLANNING DEPT.
APPLICATION OF: The Irvine Company
FOR: Site Plan Review No. 71
DESCRIPTION: Request to approve a Site Plan Review for the development of
119 single family detached dwelling units and 0.8 acres of
private open space on property located in the Upper Castaways
Planned Community.
LOCATION: 900 Dover Drive
REPORT REQUESTED BY: October 26, 1994
COMMISSION REVIEW: November 10, 1994
Si nature: Uu WaV� Date: 2 9Oct 91
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
PLAN REVIEW REQUEST
X ADVANCE PLANNING DIVISION
X PUBLIC WORKS DEPARTMENT
X TRAFFIC ENGINEER
X FIRE DEPARTMENT
X BUILDINQ DEPARTMENT
_PARKS & RECREATION
X POLICE DEPARTMENT
_MARINE SAFETY
X GRADING
REVENUE
APPLICATION OF:
FOR:
Date: October 19. 1994
X PLANS ATTACHED (PLEASE RETURN)
_PLANS ON FILE IN PLANNING DEPT.
The Irvine Company
Site Plan Review No. 71
DESCRIPTION: Request to approve a Site Plan Review for the development of
119 single family detached dwelling units and 0.8 acres of
private open §pace on property located in the Upper Castaways
Planned Community.
LOCATION: 900 Dover Drive
REPORT REQUESTED BY: October 26, 1994
COMMISSION REVIEW: November 10, 1994
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
PLAN REVIEW REQUEST
X ADVANCE PLANNING DIVISION
X PUBLIC WORKS DEPARTMENT
X TRAFFIC ENGINEER
X FIRE DEPARTMENT
X BUILDING DEPARTMENT
_PARKS & RECREATION
X POLICE DEPARTMENT
MARINE SAFETY
X ""GRADING
_REVENUE
APPLICATION OF:
FOR:
Date: October 19. 1994
X PLANS ATTACHED (PLEASE RETURN)
_PLANS ON FILE IN PLANNING DEPT.
The Irvine Company
Site Plan Review No. 71
DESCRIPTION: Request to approve a Site Plan Review for the development of
119 single family detached dwelling units and 0.8 acres of
private open §pace on property located in the Upper Castaways
Planned Community.
LOCATION: 900 Dover Drive
REPORT REQUESTED BY: October 26, 1994
COMMISSION REVIEW: November 10, 1994
MOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public
hearing on the application of The Irvine CompW for Sit4 Plan Review No. 71 and Tentative Man
of Tract No. 15012 on property located at 900 Dover Drive.
e1fiilS�bY�
NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City
of Newport Beach in connection with the application noted above. The Negative Declaration states
that, the subject development will not result in a significant effect on the environment. It is the
present intention of the City to accept the Negative Declaration and supporting documents. This is
not to be construed as either approval or denial by the City of the subject application. The City
encourages members of the general public to review and comment on this documentation. Copies
of the Negative Declaration and supporting documents are available for public review and inspection
at the Planning Department, City of Newport Beach, 330Q Newport Boulevard, Newport Beach,
California, 92659-1768 (714) 644-3225.
Notice is hereby further given that said public hearing will be held on the 10th day of November 1994,
at the hour of 7:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport
Boulevard, Newport Beach, California, at which time and place any and all persons interested may
appear and be heard thereon. If you challenge this project in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City at, or prior to, xhe public hearing. For information call
(714) 644-3200.
Tod Ridgeway, Secretary, Planning Commission, City of Newport Beach.
NOTE: The expense of this notice is paid from a filing fee collected from the applicant.
APN: 425-121-04
Marianne Hanlon
1251 Blue Gum In
Newport Beach CA 92660-5640
APN: 425-121-07
Katharine R. West
1226 Blue Gum In
Newport Beach CA 92660-5639
APN: 425-121-10
Jonathan Eric Sisk
Po Box 19274
Irvine CA 92713
APN: 425-122-03
Stephen E. Askew
1206 Blue Gum In
Newport Beach CA 92660-5639
APN: 425-122-09
C. Richard Beine
1113 Grove In
Newport Beach CA 92660-5644
APN: 425-122-12
Terry M. Chin
1106 Grove In
Newport Beach CA 92660-5643
APN: 425-122-15
Odell F. Larson
1007 Grove In
Newport Beach CA 92660-5642
APN: 425-121-05
Daniel C. Marcheano
1238 Blue Gum In
Newport Beach CA 92660-5639
APN: 425-121-08
Kenneth J. Wittman
1225 Blue Gum In
Newport Beach CA 92660-5640
APN: 425-121-11
Vincent P. Roman
1207 Blue Gum Ln
Newport Beach CA 92660-5640
APN: 425-122-01
Pacesetter Homes Inc
4540 Campus Dr
Newport Beach CA 92660
APN: 425-122-04
David M. Van Buren
1212 Blue Gum In
Newport Beach CA 92660-5639
APN: 425-121-06
Ronald Norris
1232 Blue Gum Ln
Newport Beach CA 92660-5639
APN: 425-121-09
James Chapman
1219 Blue Gum Ln
Newport Beach CA 92660-5640
APN: 42$-121-12
Frederick L. Dahms
1201 Blue Gum Ln
Newport Beach CA 92660-5640
APN: 425-122-02
Sandra Shore
1200 Blue Gum Ln
Newport Beach CA 92660-5639
APN: 425-122-05
Aggie Skirball
1228 Blue Gum In
Newport Beach CA 92660-5639
APN: 425-122-07 APN: 425-122-08
Nancy J. Lewis - John E. Tate
2800 South Reservoir St 1107 Grove In
Pomona Ca; ifbe Industries Rober 917 6 Newport Beach CA 92660-5644
APN: 425-122-10
Jerome B. Klemer
76485 Violet Cir
Palm Desert CA 92211
APN: 425-122-13 -
Aissa Wayne
1100 Grove In
Newport Beach CA 92660-5643
APN: 425-122-16
Claudette Hurst
1013 Grove Ln
Newport Beach CA 92660-5642
APN: 425-122-11
Robert Sargent
1112 Grove Ln
Newport Beach CA 92660-5643
APN: 425-122-I4
Phillip Drachman -
1001 Grove In
Newport Beach CA 92660-5642
APN: 425-122-18 APN: 425-122-19 APN: 425-122-20
Ralph B. Conn Elsie Virginia Foster Martin Kurta
1012 Grove In 1006 Grove In 1000 Grove In
Newport Beach CA 92660-5643 Newport Beach CA 92660-5643 Newport Beach CA 92660-5641
APN: 117-631-12 APN: 117-631-17 APN: 117-631-18
Corp Of The Presiding Bishop Of The Alfred F. Lustbader Dale T. Falasco
50 East North Temple 13183 Manzanita Rd NE 15415 Jeffrey Rd 210
Salt Lk Cy UT 84150 Bainbridge island WA Irvine CA 92720
APN: 117-631-22 APN: 117-632-02
Dan M. Perlmutter Realport Corp
610 Newport Center Or 149 Po Box 7890
Newport Beach CA 92660 Newport Beach CA 92658
APN: 117-702-01 APN: 117-702-02 APN: 117-702-03
Eugene C. White Gary Glen Ritchie James J. Preis
1000 Santiago Dr 1008 Santiago Dr 461 West Avenue 44
Newport Beach CA 92660-5728 Newport Beach CA 92660-5728 Los Angeles CA 90065
APN: 117-702-04 APN: 117-702-20
Naresh Kumar Sharma Llewellyn B. Copp
1020 Santiago Dr 1022 Westwind Way
Newport Beach CA 92660-5728 Newport Beach CA 92660-5725
APN: 117-702-21 APN: 117-702-22 APN: 117-702-23
Steven E. Briggs Charles J. Diamond Michael A. Mussallem
1016 Westwind Way 1010 Westwind Way 1000 Westwind Way
Newport Beach CA 92660-5725 Newport Beach CA 92660-5725 Newport Beach CA 92660-5725
APN: 117-703-01 APN: 117-721-30 APN: 117-721-31
Dover Shores Community Assn J. D. Lincoln Ben S. Bukewinge
Po Box 4708 1018 Polaris Or 1014 Polaris Dr
Irvine CA 92716 Newport Beach CA 92660-5720 Newport Beach CA 92660-5720
APN: 127-801-04 APN: 117-801-06
Newport Harbor Lutheran Church County Of Orange
798 Dover Dr Po Box 4106
Newport Beach CA 92663 Santa Ana CA 92702
APN: 117-801-12
Irvine Cc
550 Newport Center Or
Newport Beach CA 92660
APN: 117-811-04 APN: 425-033-02
Earlynn Louise Albright
709 Sandpiper St
Palm Desert CA 92260
APN: 425-121-01 APN: 425-121-02 APN: 425-121-03
Charles S. Dreyer Daniel M. Houck Jeffrey Glen Odell
1233 Blue Gum Ln 1239 Blue Gum In 1245 Blue Gum Ln
Newport Beach CA 92660-5640 Newport Beach CA 92660-5640 Newport Beach CA 92660-5640
APN: 049-202-04 APN: 049-202-OS APN: 049-202-06
Bank Lloyds Cal William Clayborne Hall Cynthia L. Busby
Po Box 439 212 Kings P1 208 Kings P1
Pasadena CA 91102 Newport Beach CA 92663-5705 Newport Beach CA 92663-5705
APN: 049-202-07 APN: 049-202-08 APN: 049-202-31
Hirata Enterprise U S A Inc Jack E. Wheelhouse Karl P. Kemp
Po Box 1128 200 Kings P1 128 Kings P1
Newport Beach CA 92659 Newport Beach CA 92663-5705 Newport Beach CA 92663-5733
APN: 049-202-33 APN: 049-202-34 APN: 049-202-35
Brian E. Brooks Patricia June Smith Donald R. Ward
5948 Abernathy Dr 124 Kings P1 116 Kings P1
Los Angeles CA 90045 Newport Beach CA 92663-5733 Newport Beach CA 92663-5733
APN: 049-202-41 APN: 049-202-42 APN: 049-271-07
James C. Elms Thomas M. Lally Nancy Shepherd
112 Kings P1 108 Kings P1 731 Saint James P1
Newport Beach CA 92663-5703 Newport Beach CA 92663-5733 Newport Beach CA 92663-5834
APN,: 049-271-08 APN: 049-271-09 APN: 049-271-10
Eme Mtg Corp Joseph I. Me Carthy Edward W.'Nesselroad
222 Las Colinas Blvd 60 734 Saint James P1 730 Saint James P1
Irving TX 75039 Newport Beach CA 92663-5831 Newport Beach CA 92663-5831
APN: 049-271-11 APN: 049-271-12 APN: 049-271-13
Jane I. sands Genji Kawamura Philip R. Nelson
637 Saint James Rd 718 Saint James P1 712 Saint James P1
Newport Beach CA 92663 Newport Beach CA 92663-5831 Newport Beach CA 92663-5831
APN: 049-271-14 APN: 049-271-15 APN: 049-271-16
Kip Jourdan Kula Raymond J. Palmer Mary Louise Lansdell
708 Saint James P1 702 Saint James P1 624 Saint James PI
Newport Beach CA 92663-5831 Newport Beach CA 92663-5831 Newport Beach CA 92663-5855
APN: 049-271-17 APN: 049-271-18 APN: 049-271-30. .
Mark G. Hoglund George A. Lackey Bk Sumitomo
618 Saint James PI 612 Saint James P1 320 California St
Newport Beach CA 92663-5855 Newport Beach CA 92663-5855 San Francisco CA 94104
APN: 049-272-01 APN: 117-462-01 APN: 117-462-02
Gordon E. Hunter Van Hazewinkel Leland R. House Jr.
717 Saint James P1 1019 Santiago Dr 910 Westcliff Dr
Newport Beach CA 92663-5830 Newport Beach CA 92660-5729 Newport Beach CA 92660-5633
APN: 117-462-03 APN: 117-462-04 APN: 117-631-21
Herbert A. Lesher Elizabeth Davis Corporation Of The Presiding Bisho
1000 Westcliff Dr 1008 Westcliff Dr 60 East South Temple 0 1800
Newport Beach CA 92660-5634 Newport Beach CA 92660-5634 Salt Lake Cty UT 84111
APN: 895-280-01 APN: 895-280-02 APN: 895-280-03
Harry M. Martin Susan J. Fractman C. Richard Clay
3344 Tennyson St 1000 Buckingham Ln 1504 Villa # 3 Westcliff
San Diego CA 92106 Newport Beach CA 92660-4728 Newport Beach CA 92660
APN: 895-280-04 APN: 895-280-05 APN: 895-280-06
Judy R. Lockyer M. De Vere Williamson Evelyn M. Morris
1504 Westcliff Dr 4 1504 Westcliff Dr 5 1500 Westcliff Dr 6
Newport Beach CA 92660 Newport Beach CA 92660-5536 Newport Beach CA 92660
APN: 895-280-07 APN: 895-280-08 APN: 895-280-09
Louis T. Gaeta Ruth I. Tanske Randolph Lynn Whaley Jr.
1500 Westcliff Dr 7 1003 Dover Dr 1000 Buckingham In 9
Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660-4728
APN: 895-280-10 APN: 895-280-11 APN: 895-280-12
John S. Socolofsky Paige V. Simpson Mark Slevcove
1000 Buckingham Ln IOVI 11WESTCLIFFDR 12 Westcliff Villas
Newport Beach CA 92660-4728 Newport Beach CA 92660 Newport Beach CA 92660
APN: 895-280-13 APN: 895-280-14 APN: 895-280-15
Joan Springhetti Geraldine F. Day John Plato Freemon
1000 Buckingham Ln 13 1000 Buckingham 14 Ln 1840 Newport Hills or E
Newport Beach CA 92660-4728 Newport Beach CA 92660-4728 Newport Beach CA 92660
APN: 895-280-16 APN: 895-280-17 APN: 895-280-18
Julie Hovnanian John Plato Freemon Elsie Kernott
1000 Buckingham Ln 16 1840 Newport Hills Dr E 435 Fairway P1
Newport Beach CA 92660-4728 Newport Beach CA 92660 Solvang CA 93463
APN: 895-280-19 APN: 895-280-20 APN: 895-280-21
Richard Harmon Davis John B. Montgomery Kenneth W. Peters
1000 Buckingham 19 Ln 20 Westcliff Villas 21 Westcliff Villas
Newport Beach CA 92660-4728 Newport Beach CA 92660 Newport Beach CA 92660
APN: 895-280-22 Bayside Village homeowners Dover Village Comm. Assn.
Joan T. Fletcher Royal Radtke, Pres. Rick Othmer, Pres.
Iola Buckingham In 300 Coast flwy. E330 1072 Buckinrharn Ln.
Newport Beach CA 92660 Newport Bch., Ca. 92660 Newport Bch., Ca. 92660
Cliffhaven Comm. Assn. Mariners Comm. Assn. Uestcliff Villas
Alan Beaudette, Pres. Rae Cohen, Pres. Kerry Peters, Pres.
401 Kings P1. 1501 Antigua !lay 1000 Buckingham Laneste 21
Newport Bch., Ca. 92663 Newport Bch., Ca. 92660 Newport Bch.., Ca. 92663
G F
CAFE
GARY L. GRANVILLE
COUNTY CLERK'
TELEPHONE: 7141834.2248
OLD COUNTY COURTHOUSE
211 W. SANTA ANA BLVD.
P.O. BOX 22013
SANTA ANA. CA 92702.2013
OFFICE OF THE COUNTY CLERK
Memorandum
TO: C4 `( New(or-k- ,6e h
SUBJECT: Environmental Impact
Amendment of "Public
DATE: ( A✓
Reports -
Resources Code, Section 21092.311.
The attached Notice received, filed, and a copy was posted on
days.
NOV 1519941 . It remained posted for 30 (thirty) calendar
Gary L. Granville
County Clerk of th ate of
Califor in and fo n y of Orange.
By, Deputy
9 T SPHANIE BATES
Public Resource Code 21092.3
The notices required pursuant to Sections 21080.4 and 21092 for an
evironmental impact report shall be posted in the office of the
County Clerk of each county***in which the project will be located
and shall remain posted for a period of 30 days. The notice
Public Resourse Code 21152(c)
All notices filed pursuant to this section shall be available for
public inspection, and shall be posted *** within 24 hours of
receipt in the office of the County Clerk. Each notice shall
remain posted for a period of 30 days ***. Thereafter, the clerk
chall return the notice to the local lead agency *** with a
notation of the period it was posted. The local lead agency shall
retain the notice for not less than nine months.
Addition or changes by underline: deletions by ***
�' 42195
POSTE fYTY OF NEWPORT BEACH
3300 Newport Boulevard - P.O. Box 1768
KnV 141994 Newport Bench, CA 92659-1768 '`
GARYL.GRANwu,c0Q*NPTICE OF DETERMINATION J D
To:
Ofjice of Planning aridYS"
®
1400 Tenth Street, Room 1
Sacramento, CA 95814
X
County Clerk, County of O
Public Services Division 0
P.O. Box 838 By
Santa Ana, CA 92702
El
i From: Cl gity
P
3300 Nev
151994 Newport
(Orange
received for filing at OPR:
Im
Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the
Public Resources Code.
Name of Project. Upper Castaways (TTM 15012/SPR 71)
State Clearinghouse Number. Responsible AgencyCattactPerson: Telephone No.:
94101009 John Douglas 714/ 644-3230
Project Location: E/Dover Drive at 16th St., Newport Beach
Subdivision map and site plan review for 119 single-family
Project Description: detached units on lots averaging 5,775 sq.ft.
This is to advise that the City of Newport Beach has approved the above described project on 11/ 10/ 94
and has made the following determinations regarding the above described project: (Date)
1. The City is Q Lead Agency ❑ Responsible Agency for the project.
2. The project ❑ will ® will not have a significant effect on the environment.
3. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
® A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
4. Mitigation measures nX were ❑ were not made a condition of the approval of the project.
5. A Statement of Overriding Considerations ❑ was ® was not adopted for this project.
6. Findings Clx were ❑ were not made pursuant to the provisions of CEQA.
The final EIR or Negative Declaration and record of project approval is available for review at the Planning Depart-
ment of the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92659-1768; 714/644-3225.
November 15, 1994
Date Revised 9-93
•
CITY OF NEWPORT BEACH
Office of the City Manager
November 3, 1995
TO: Honorable Chairman and Members of the Parks,
Beaches & Recreation Commission
FROM: Kevin J. Murphy, City Manager'1M
SUBJECT: RECOGNITION FOR POLICE OFFICER BOB HENRY
Last March, Police Officer Bob Henry was mortally wounded and died in April at
Hoag Memorial Hospital. As you may know, there have been requests for some
form of memorial to Bob Henry for his sacrifice to our community. The Police
Department has reviewed several different options for a memorial or recognition
in response to a request from the City Council. At Mayor Hedges request, we
have held this item off the agenda to allow some time to reflect on Bob Henry's
sacrifice before returning to the City Council with a staff report and
recommendation.
Over the last few weeks I've had an opportunity to meet individually with
Councilmembers and discuss the upcoming review by the Commission of final
plans for the active park on the Castaways property. It was anticipated that at
the time of your review that you will wish to discuss the naming of the active and
passive portions of the park. The City Council Policy Manual provides that the
Commission is the recommending body to the City Council on the naming of
City parks (Policy 1-9). Policy 1-9 provides in part that... "Prior to the dedication
or naming of a park or public recreational facility for a deceased person, there
should be a passage of six months from death before the Parks, Beaches and
Recreation Commission acts upon the request and makes a recommendation to
the City Council." This period of time has now lapsed since Bob Henry's death
on April 13th.
It is my suggestion that the Parks, Beaches and Recreation Commission
recommend to the City Council:
1. Name the active portion of the Castaways park, "Bob Henry
Park," and the passive portion, "Castaways Park."
2. At the Bob Henry Park, on the corner of 16th and Dover
immediately behind where the park name sign is located
create a special area through accented landscape and
special pavers, concrete or similar materials to place a
-2-
plaque recognizing Bob Henry and his supreme sacrifice to
the residents of Newport Beach.
3. This special area would also include a flag pole, which
would be illuminated in the evening hours.
4. In dedicating the park and naming the Bob Henry Park the
final action would include language indicating that the Park
is being named in Bob Henry's memory and in recognition
of the service that he and other City employees provide to
the residents of Newport Beach. If there should be other
City employees who lose their life in the direct line of duty
for the City, they would be recognized at Bob Henry Park in
the future in the special area near the flagpole and
recognition plaque.
I've attached for your information a small diagram of the park, including the area
proposed for the flagpole and plaque, and a small diagram of how this area
might be constructed. We will also like to solicit input from the Police
Department and the family in working out the design details for the area. If you
have any questions or concerns, please let me know as soon as possible. City
staff is also interested in soliciting donations from community members to help
defray the costs of this recognition area. I will be in attendance at the
Commission meeting and pleased to discuss this matter with you in greater
detail.
cc: Mayor and City Councilmembers
Police Chief
RESIDENTIAL HOUSING
DEVELOPMENT ENTRY
TOT LOT PLAY AREA
PRIVATE ACCESS TRAIL
M KMUCLUMMARY
SPACE-?
VIEW PARK
70
ACTIVE PARK
SJ
SPACES
CHURCH
136
SPACES
16,h ST.
11
CURD SIDE SPArFS
CASTAWAYS PARK
CITY OF NEWPORT BEACH
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Emmet Berkery, P.E.
Civil Engineer & Project Management Consultant
3345 Newport Boulevard, Suite 215
Newport Beach, California 92663
Tele: (714) 673-6446 PAX: (714) 673-6899
FACSIMILE COVER SHEET
TO:yir l=s 5= =,err SC' r=r �-t �L v-e -l. wvL
COMPANY/ORGANIZATION:�>>-
FACSIMILE NO:
FROM: ✓t��2Z�j y A- (� DATE:
TOTAL NUMBER or, PAGES INCLUDfNG TIIIS ONE:
TIIIS TRANSMISSION'WILL / WILL NOT BE MAILED.
vlMessage: E I,
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If transmission is unclear please call the above number.
If transmission is unclear please call the above number.
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PEDESTRIAN TRAIT. AT CHURCH PROPERTY
• UPPER CASTAWAYS •
NEWPORT BEACH, CALIFORNIA
CALIFORNIA PACIFIC HOMES
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CITY OF NEWPORT BEACH
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15. That the Planning Commission may ad r modify
conditions of approval to this use permit recommend to
the City Council the revocation of t ' use permit, upon a
determination that the operatio ich is the subject of this
use permit causes injury, is detrimental to the health,
safety, peace, morals mfort, or general welfare of the
community.
16. This us ermit shall expire unless exercised within 24
mo s from the date of approval as specified in Section
.80.090A of the Newport Beach Municipal Code.
A Tentative Map of Tract No 15012 (Public Hearin¢)
Item No.'
Request to subdivide 26 acres of land into 119 numbered lots for
single family detached residential development;1 numbered lot for
public park purposes and 22 lettered lots for public open space,
private open space, private streets and future public street
purposes; and the acceptance of an environmental document.
TTM15012
SPR 71
Approved
AND
B. Site Plan Review No. 71 (Public Hearing) V
Request to approve a Site Plan Review for the development of 119
single family detached dwelling units and 0.8 acres of private open
space on property located in the Upper Castaways Planned
Community.
LOCATION: A portion of Lot 2, Tract No. 1125 and a
portion of Lot 165, Block 53, Irvine's
Subdivision, located at 900 Dover Drive, on
the southeasterly side of Dover Drive,
between West Coast Highway and Westcliff
Drive.
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ZONE: P-C
APPLICANT: The Irvine Company, Newport Beach
OWNER: Same as applicant
Patty Temple, Advance Planning Manager, reviewed the proposed
development for the Upper Castaways property. The development
would be the first project to proceed under the terms and
agreements contained in the Circulation Improvement and Open
Space Agreement (CIOSA) approved by the City Council. CIOSA
has also been approved by the California Coastal Commission.
The Agreement authorized development and specified the limits
of subsequent project review. The development must be approved
within the context of the approved Planned Community text and
the provisions of the Agreement. The Agreement sets forth the
rights of the City in the review of the tentative map. The City has
the right to review and modify the project within the normal
responsibilities under the Subdivision Map Act; however, the City
does not have the right to modify project development standards
beyond those in the adopted Planned Community text, specifically
no additional modifications to development standards can be made
in areas such as heights, building setbacks, parking requirements,
etc.
The proposed project is a detached single family subdivision which
would allow for 119 dwelling units, or 32 dwelling units less than
the 151 dwelling units allowed by the Development Agreement.
The tentative tract map also includes parcelization for public park
dedication as required by the Agreement. No actions are being
taken at this time in regard to specific plans for the parks, the City
has no conceptual plans for the park, and the subject actions do
not authorize the City's park development.
Ms. Temple addressed the revised conditions for the Tentative
Map of Tract No. 15012 and Site Plan Review No. 71 that were
distributed to the Planning Commission prior to the subject public
hearing. The following revised conditions reflect the on -going
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discussions between City staff and The Irvine Company in order
to resolve the outstanding issues discussed in the original staff
report:
Tentative Map of Tract 15012 Condition No. 1: The added
language sets forth that all open space dedication requirements
including size and location shall be deemed to be fully satisfied by
The Irvine Company consistent with the terms of the CIOSA
Agreement related to the Upper Castaways parcel Ms. Temple
stated that the additional language was necessary because of the
exclusion from the map of the future access for Lower Castaways.
Condition No. 13: The requirement makes provisions for lighting
installation within the trail and a requirement that the City pay for
any construction costs of the trail in excess of The Irvine
Company's proposed width of 8 feet.
Condition No.14: Clarification was made regarding Lot "V". That
the storm drain system would be constructed by the developer and
maintained by the City.
Condition No. 15: Clarifies the location of application of the
condition within Lot "V".
Condition No. 16: The condition would limit the developers
responsibility costwise related to the repair of the slope in Lot "U".
Condition No. 19: The access road would no longer be an
emergency access road but would provide full park access to the
view park.
Condition No. 21 and No. 22: The street frontage improvements
would be required to be made within six months of occupancy of
the first residential unit other than the model complex.
Condition No. 31: Would allow latitude with regard to the
requirements for tract grading, and it would allow the Public
Works Department additional discretion.
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Condition No. 42 and Condition No. 4 (Site Plan Review No. 71):
The required setback of the development on Dover Drive would
be a 25 foot property line setback and it would provide adequate
landscaping in the area. It would require that the Planned
Community District Regulations for Upper Castaways be amended
to reflect the modified setback if approved by the Planning
Commission prior to or concurrent with the approval of the Final
Map.
Condition No. 43: The condition applies to Lot "V".
Condition No. 47: The added condition corrects the notes on the
tentative map.
Site Plan Review No. 71: Condition No. 1: The condition
acknowledges that the plans and elevations submitted are
conceptual.
Condition No. 5: The condition applies the automatic irrigation
requirements to the common areas only.
Condition No. 7: Added condition requires that all chimney heights
conform to the requirements of the Newport Beach Municipal Code,
unless otherwise approved by the Modifications Committee.
Ms. Temple referred to staffs responses to Dr. J. D. Vandersloot's
letter dated November 10, 1994, and to the letter from Newport
Harbor Lutheran Church dated November 10, 1994, that were
distributed to the Planning Commission prior to the subject public
hearing. In reference to Dr. Vandersloot's letter regarding the
preservation of the on -site wetlands adjacent to Dover Drive, she
stated that the issue was addressed in the certified program EIR
adopted as part of the CIOSA Agreement. In reference to the
letter from the Newport Harbor Lutheran Church, she stated that
the primary concerns are in relationship to park development
plans and approvals. She said that currently there is no park
facility approval being made, and as the City develops park plans
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and proceeds with development that the processes will be subject
to additional environmental review as part of the program EIR
processed and defined by the California Environmental Quality
Act.
Don Webb, Public Works Director, referred to the aforementioned
revised conditions in the tentative map of tract 15012, and he
addressed Condition No. 31 wherein he stated that Dover Drive
between Westcliff Drive and West Coast Highway is designated as
a six -lane arterial roadway. The existing four lane roadway is
adequate at the present time; however, 17th Street in Costa Mesa
is designated as a six -lane arterial roadway to Irvine Avenue and
the City anticipates as growth continues and traffic increases on
17th Street that traffic on Westcliff Drive will be increased. At the
intersection of Westcliff Drive and Dover Drive it will be
necessary to have southbound two right -turn lanes; therefore, a
third lane will be necessary for through traffic coming from Dover
Drive across Westcliff Drive. Mr. Webb stated that a right turn
lane would also be constructed going north on Dover Drive to
Westcliff Drive. Mr. Webb stated that regrading would occur
opposite Cliff Drive to provide an eight percent accessway to the
open space park and that site distance would be improved at the
curve on Dover Drive. A traffic signal will be installed at the
intersection of Dover Drive and Cliff Drive to enable the people
to move in and out of the proposed park safely, and the signal
would allow pedestrians to safely come out of the Cliff Haven area
to access the park. A third lane on Dover Drive is proposed
through the Cliff Drive intersection so as to enable the
automobiles to make a safe right turn off of West Coast Highway
through the intersection of Dover Drive and Cliff Drive, and then
the roadway would be tapered down to two lanes before 16th
Street. He explained that revised Conditions No. 21 and No. 22,
of the tentative map would address intersection capacity and safety
improvements. He said that landscaping would be provided in the
graded areas.
In response to a question posed by Chairman Glover, Mr. Webb
explained that going northbound on Dover Drive from West Coast
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Highway that three lanes at Cliff Drive will be reduced to two
lanes before 16th Street. The median will be moved going south
on Dover Drive so as to provide a left turn lane into the proposed
park. Chairman Glover stated that she had a concern that the
traffic signal and three lanes on northbound and southbound
Dover Drive between Cliff Drive and 16th Street would urbanize
the residential area, and the traffic would move faster. She did
not want to encourage the public to drive through the residential
areas to Costa Mesa.
In response to a question posed by Commissioner Ridgeway with
regard to the circulation plan, Mr. Webb stated that the County's
projections between Dover Drive and West Coast Highway were
estimated to be approximately 36,500 automobiles a day which
would justify a six -lane facility. The proposed improvements would
not be a full widening of the roadway.
Commissioner Adams opined that a traffic signal would make it
less desirable for the public to travel through the residential
neighborhood. It is necessary to have safe vehicular access into the
proposed park, and there is a need for signalization at the Cliff
Drive and Dover Drive intersection.
Chairman Glover stated that the proposed residential development
does not warrant a traffic light at the intersection.
In response to a question posed by Commissioner Edwards,
Commissioner Adams concurred with the proposed three lanes
from West Coast Highway to Dover Drive and Cliff Drive, and
narrowing to two lanes to 16th Street.
Commissioner DiSano concurred with Commissioner Adams'
aforementioned comments. He said that the safety issue is more
of a concern than the potential harm that could come with the
traffic signal adjacent to a residential area.
Commissioner Pomeroy concurred with Commissioner Adams'
comments. He said that the safety issue and access to the park
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and improved sight at the curve on Dover Drive are important
issues, and the traffic signal would slow down the traffic.
Commissioner Adams stated that it is a policy that crosswalks are
not installed unless there is a signalized intersection, and the
pedestrian access to the proposed park is necessary.
In response to questions posed by the Planning Commission, Mr.
Webb referred to the proposed circulation plan on display and he
explained the frontage improvements, including curb, gutter, and
sidewalk, that are proposed on Dover Drive between Cliff Drive
and Westcliff Drive. In reference to the access road, Mr. Webb
stated that an 8% grade, instead of a 10% or 12% slope, would be
easier for the public to walk and to ride bicycles, and it would give
handicap people the ability to utilize the trail. Mr. Webb
described the proposed plan of the meandering bluff top trail.
In response to a question posed by Chairman Glover regarding
revised Condition No. 13, Ms. Temple replied that the original
conditions requested that the bluff top trail be 12 feet wide;
however, subsequent to when the applicant originally requested an
8 foot trail the applicant agreed to the revised condition primarily
because the City would agree to pay the cost difference between
the 8 foot trail and the 12 foot trail. Chairman Glover supported
an 8 foot trail because of her concern regarding excessive asphalt,
and that asphalt would also be used to construct the roadways.
Commissioner Pomeroy and Commissioner Ridgeway agreed that
an 8 foot trail is not adequate for pedestrians and bicyclists.
In response to a question posed by Commissioner Edwards, Mr.
Webb explained that the CIOSA Agreement in the open space
areas indicated that the City is to take the parcel as it exists.
There are approximately three areas where erosion has occurred
on the bluff top, and staff considered the erosion to be the result
of deferred maintenance which should be repaired prior to the
City accepting the right-of-way. The Irvine Company agreed to the
request up to a cost of $30,000.00, which would be more than
adequate to handle the erosion areas.
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Chairman Glover referred to revised Condition No. 13 regarding
the installation of lighting in the trail design, and she expressed
opposition to the lighting inasmuch as lighting would encourage
the public to use the trail at night and, therefore, it could become
a problem area.
Commissioner Adams referred to revised Condition No. 14
regarding the storm drain system, and he asked if the developer
would comply with the request? Mr. Webb replied that the
applicant agreed that the storm drain system would be constructed
to City's standards and it would be a 12" to 18" storm drain below
grade. In response to a question posed by Commissioner
Ridgeway, Mr. Webb replied that it is intended that the drainage
system would be draining towards Polaris Street and enter into the
public drain system at roughly the same spot the private drain
system for the street system will enter.
In response to a question posed by Chairman Glover, Mr. Webb
described the distance from the wall to the curbline adjacent to
Irvine Terrace.
Commissioner Adams expressed a concern regarding the loss of
the existing eucalyptus grove, and that the proposed trees could
cause view impairments of the residential property in the future.
The public hearing was opened in connection with this item, and
Mr. Tom Redwitz, Vice President of Development Entitlement for
The Irvine Company, appeared before the Planning Commission.
He stated that the proposed plan represents over five years of
planning with the community, and it is a part of CIOSA that was
approved by the City in 1992 and the California Coastal
Commission. The Agreement calls for dedication of over 150
acres of open space to the City and a financial commitment of
over $20 million toward circulation improvement. With the start
of the Upper Castaways project the City will begin to receive the
benefits of the Agreement including donation of land for an
activity park and a view park with some outstanding views in the
City.
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Mr. Norman Witt, Vice President of Coastal Community Builders,
a Division of The Irvine Company appeared before the Planning
Commission. He addressed the amount of open space area that
would be provided in the development, and he addressed the
improvement of the bluff top trail in addition to bluff top
stabilization along the entire edge. Mr. Witt stated that the intent
is to thin the widow maker eucalyptus trees, and replace the trees
with other trees. The Irvine Company concurs with the findings
and conditions in Exhibit "A".
In response to a question posed by Commissioner Ridgeway, Mr.
Redwitz reappeared before the Planning Commission and he
replied that the proposed.bluff top trail is to be a public trail and
not a private trail.
In response to a questions posed by the Planning Commission, Mr.
Bill Burton, Landscape Architect, appeared before the Planning
Commission, and be explained that the eucalyptus trees located in
the middle of the development are damaged and the applicant is
concerned with the public's health and safety if the trees would
remain. The wind row of eucalyptus trees would remain on the
parcel.
In response to a question posed by Commissioner Adams
regarding revised Condition No. 19, Mr. Webb and Mr. Witt
described the bluff top trail as it would connect to the access road.
In response to a question posed by Commissioner Edwards, Mr.
Witt stated that the applicant requested an 8 foot wide bluff top
trail for aesthetics. The trail would be used for pedestrian and
biking purposes, and it would also be used for emergency and
maintenance vehicles. He agreed that it would be difficult to
maneuver a fire engine on an 8 foot wide trail and that it could
cause damage to the edge of the trail.
Dr. Jan VanderSloot, 2121 - 16th Street, appeared before the
Planning Commission. He referred to his aforementioned letter
dated November 10, 1994. He expressed a concern regarding the
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wetlands on Upper Castaways, and he asked where are the
wetlands going to be mitigated off -site? He said that the fresh
water wetlands could be an asset to the park, and the public would
enjoy the birds and other wildlife. He also expressed a concern
that three lanes on Dover Drive would be tapered off to two lanes
at 16th Street, and he suggested that Dover Drive be widened to
three lanes from West Coast Highway to Westcliff Drive so as to
keep the traffic off of the residential streets.
Commissioner Ridgeway referred to the Mitigation Monitoring
Program Summary,, Biological Resource, and he asked if a wetland
delineation study had been, performed. Ms. Temple explained that
Mitigation Measure No. 16, was adopted in the CIOSA
Agreement, and it sets forth the requirements for staging the
mitigation requirements for wetlands fill. Prior to grading, it is
necessary for the City to comply with the requirements of the
mitigation measure by doing the formal wetland delineation and
processing the appropriate permits through the Department of
Fish and Game, and U. S. Army Corps of Engineers, if required.
Commissioner Pomeroy and Mr. Webb discussed the projected
traffic impacts through the year 2010 that was addressed in the
General Plan, and the increase in traffic that was projected from
outside the City of Newport Beach.
Mr. Allen Beek, 2007 Highland Avenue, appeared before the
Planning Commission, and he referred to his written comments
that were previously distributed to the Planning Commission. He
said that Newport Heights is a desirable community, and the
proposed development is completely incompatible with the
surrounding areas inasmuch as it would be a gated community.
The Irvine Company had no meetings with the Mariner's
Community Association to try to create a compatible
neighborhood. He stated that a street along the front of the bluff
would provide access to the park, it would provide drainage to
keep the water from going over the face of the bluff, and it would
set back the development from the edge of the bluff. Mr. Beek
suggested merging the left turn lanes into the right turn lane off of
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West Coast Highway to Dover Drive, and he stated that Dover
Drive does not have enough traffic to warrant more than four
lanes. The wetlands should be preserved.
Rev. Bill Kirlin-Hackett, Newport Harbor Lutheran Church, 798
Dover Drive, appeared before the Planning Commission. He said
that the intent is not to hinder the development. However, he
expressed concerns regarding the landscaping plans; the possible
future widening of Dover Drive on the Church's frontage; the
parking plan; the negative impact that construction would have on
the church; and the height limit of the dwellings would impede the
Church's view.
Commissioner Pomeroy pointed out that the issue before the
Planning Commission is not the proposed park. Rev. Kirlin-
Hackett requested an agreement concerning the widening of Dover
Drive and the impact that the widening would have on the
Church's Dover Drive frontage. Commissioner Ridgeway
concurred with Commissioner Pomeroy; however, the concerns
regarding the landscaping could be addressed by the Planning
Commission. Rev. Kirlin-Hackett stated that the access road and
the tum-around could affect the Church. Mr. Webb stated that
the proposed plan of the Upper Castaways park site and the active
park site on 16th Street will be the subject of discussions and
hearings of the Parks, Beaches and Recreation Commission as the
plans are developed. The City Council will provide funding to
allow the design to begin on the facilities, and it is a desire that
the design process and public hearings would be completed in a
time frame that the park facilities would be developed at the same
time as the proposed development. With reference to the parking
issues related to the park, the precise location of the roadway, and
what parking facilities will be provided in conjunction with the
roadway are subjects that will be addressed through the public
hearing process by the PB&R Commission.
In response to a question posed by Chairman Glover, Mr. Webb
explained that when Dover Drive is widened the City has two
options. The CIOSA Agreement has very strict conditions on how
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the City can develop the property that The Irvine Company
dedicates for open space. He said that the City would like to work
with the Church on providing a replacement area, and Exhibit "F"
allows that to occur. He said that if Dover Drive would not be
widened it would not be necessary to take any of the Church's
property.
In response to questions posed by Commissioner Adams, Rev.
Kirlin-Hackett stated that the Church rarely uses the angle parking
on 16th Street. Commissioner Adams explained his support of
bonding improvements so that decisions relating to the widening
of Dover Drive could appropriately be made with the planning of
the park.
Mr. Tom Hyans, President of Central Newport Beach Community
Association, appeared before the Planning Commission. He stated
that based on the width of the sidewalk on the Balboa Peninsula
that bicycles and pedestrians do not mix well on a sidewalk less
than 20 feet wide. Mr. Hyans stated that it is feasible that the
Balboa Peninsula could lose the in -lieu park fee funds because of
the Upper Castaways project. Mr. Hewicker explained that some
of the in -lieu park fee funds were designated for City parks, and
he recommended that Mr. Hyans contact the Community Services
Department. In response to a question posed by Mr. Hyans, Mr.
Webb replied that funds for planning and engineering would come
from in -lieu park fees. Commissioner Gifford suggested that Mr.
Hyans contact the City Council to form a Pedestrian Trails
Committee.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Commissioner Edwards requested a clarification of the turn-
around area and the path adjacent to the church. Mr. Witt
reappeared before the Planning Commission and he replied that
the path is for private use by the residents of the community.
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In response to questions posed by Commissioner Edwards, Mr.
Webb replied that improvements could be bonded for under the
CIOSA Agreement. He said that in order to provide access into
the Upper Castaways it is necessary to do some grading to create
a softened slope to prohibit constant maintenance and erosion, and
potential hazardous conditions. Commissioner Adams discussed
the park plan improvements and the widening of Dover Drive.
Commissioner Gifford stated that insofar as the improvements
could be bonded for that the improvements could be reviewed in
conjunction with the proposed park. She supported a reduced
width of the bluff top trail to 10 feet or 8 feet, and if the trail
meandered it would slow down the bicycle traffic. Mr. Webb
explained his concern that emergency and maintenance vehicles
would have a difficult time responding on a narrow meandering
trail. Mr. Webb stated that the State Standard indicates that to
accommodate a combination bicycle/pedestrian trail that a 12 foot
wide trail is necessary, and that 8 feet is only wide enough for a
two-way trail without pedestrians.
Commissioner Edwards and Ms. Clauson addressed the City's
liability concerning the State Standards and the bicycle and
pedestrian use of the bluff top trail.
Commissioner DiSano addressed the health, safety, and welfare
conditions of the bluff top trail. He determined that the location
would attract the public, and the Planning Commission should
make certain that the City has a less chance of being sued in areas
that are going to be open to the public.
Commissioner Adams opined that the volume of traffic on the
bluff top trail would be relatively low compared to the Back Bay
trail that is 12 feet wide. He explained that emergency vehicles
could negotiate adequately on a 10 foot wide trail that does not
meander too much. In response to a question posed by
Commissioner Adams, Mr. Webb replied that the City's Master
Plan of Bikeways does not designate the trails as a specific class.
The proposed trail is on the Master Plan that was adopted in 1972.
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An 8 foot trail is the minimum width that the State requires for
two-way bicycle traffic, and if there would be significant bicycle
and pedestrian traffic that the trail should be 12 feet wide.
In response to questions posed by Commissioner Pomeroy
regarding bonding for improvements to Dover Drive and site
improvements, Mr. Webb explained that in order to provide a
landing for vehicles on the site that it would be necessary to grade
an access road, and therefore, grading money would have to be
spent. He recommended that grading be done at the same time,
and The Irvine Company would be doing the work and not under
a separate City contract. Commissioner Adams stated that The
Irvine Company will be grading on the residential site and
repairing the bluff, and he questioned why The Irvine Company
would have to touch the balance of the park or the area adjacent
to Dover Drive until the access road is constructed and the traffic
signal is installed. He suggested a delay until there is a
comprehensive look at the park and a reevaluation of the
channelization of Dover Drive. Mr. Webb stated that the CIOSA
Agreement states that in lieu of constructing fronting
improvements that The Irvine Company would provide for the
grading of Dover Drive, and conditions on the tentative tract map
and the site plan conform to the agreements. If the improvements
are bonded then it would eventually become a City project which
could become more expensive. The intention of the City Council
was to construct the park at the same time as the proposed project
is developed; therefore, the construction of the park would not be
delayed. Commissioner Adams suggested that when the park is
developed that the park contractor and not The Irvine Company
construct the Dover Drive improvements because the park
requires the improvements and not the residential development.
Ms. Temple suggested that the Planning Commission consider an
additional mitigation measure regarding the potential
abandonment of oil wells if found on -site. She addressed revised
Condition No. 42 of the tentative tract map, and revised Condition
No. 4 of the site plan regarding the 25 foot setback, and she
suggested that the conditions be amended to state that the
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subdivision be redesigned along DoverDrive to comply with a 25 foot
property line setback from the ultimate right-of-way line, on the basis
that the aforementioned language would be consistent with the
Planned Community text.
Mr. Redwitz concurred with the revised conditions. In reference
to the bonding and widening of Dover Drive, Mr. Redwitz referred
to the aforementioned revised Condition No. 21 of the tentative
tract map, and he suggested that the condition be amended if the
Planning Commission approved bonding for the improvements.
Ms. Temple suggested that these improvements shall be completed
within 6 months of occupancy of the first residential unit (other than
models) be eliminated from revised Condition No. 21.
Motion
*
Motion was made to approve Tentative Map of Tract No. 15012
and Site Plan Review No. 71 subject to the findings and conditions
in Exhibit "A" as revised by staff, add Condition No. 47 to the
tentative tract map regarding the abandonment of oil wells.
Commissioner DiSano suggested that revised Condition Nos. 19,
and 21 be modified to indicate that The Irvine Company would
bond for the improvements.
Mr. Redwitz and staff considered amending Condition No. 26 of
the tentative tract map to include the bonding for a water main.
Mr. Redwitz referred to Condition No. 13 of the tentative tract
map and he suggested that the condition be modified to include
bonding.
Chairman Glover supported the motion. She emphasized her
objection to the widening of Dover Drive.
Commissioner Ridgeway supported the motion. He complimented
The Irvine Company and their management of the project.
Commissioner Pomeroy stated that the residents of Newport
Beach will benefit from the public improvements that will be on
the site.
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All Ayes
Motion was voted on to approve Tentative Map of Tract No.
15012 and Site Plan Review No. 71, as amended. MOTION
CARRIED.
A. Environmental Document
Findines:
1. That CEQA allows a program EIR to be used to simplify
the task of preparing environmental documents on later
parts of the program. Among several uses the program
EIR can provide the basis in an Initial Study for
determining whether the later activity may have significant
effects (CEQA Guidelines, section 15168, subd.(d).)
2. CEQA further allows that a negative declaration may be
issued in reliance upon an existing EIR prepared for an
earlier project, if the project for which the negative
declaration is prepared will not cause any significant effects
or in the case of a mitigated negative declaration no effects
which cannot be eliminated or reduced to a level of
insignificance. (Guidelines, section 15070. subd.(b) and
15153, subd.(c).)
3. The Initial Study analyzed the proposed site plan and
tentative map for the Upper Castaways residential
development based on information contained in the
previously certified 1992 Final CIOSA Program EIR and
any new information which has become available regarding
the project,
4. The assumptions and conclusions of the 1992 Final CIOSA
Program EIR have been found to be valid and appropriate
for use in evaluating the current proposal. The Initial
Study has found that there are no new potential significant
adverse impacts which cannot be eliminated or mitigated to
a level of insignificance.
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Mitigation Measures:
1. That all mitigation measures applicable to the project set
forth in Final Environmental Impact Report No. 148 be
complied with as set forth in the approved mitigation
monitoring program.
2. Prior to issuance of a grading permit or commencement of
grading, whichever comes first, the City or applicant
(whoever is responsible for grading and construction of the
access road), shall prepare a detailed landscape plan for
review and approval by the City of Newport Beach
Planning, Public Works, and General Services Departments.
This plan shall provide for both interim and permanent
landscaping which will prevent erosion, soften the visual
impact of the grading, and be consistent with surrounding
vegetation within the future view park. The use of native
and drought -tolerant vegetation shall predominate.
3. Graded slopes shall vary in steepness with the majority of
slopes at a steepness of 3:1.
4. At the time park facility plans are prepared by the City for
the future view park, a lighting plan shall be prepared and
evaluated for the access road. Lighting shall be only the
minimum necessary to provide safe access for use of the
road during standard hours of operation for the park. If
provided, lighting shall be designed to eliminate any light
spillage past the edge of the property along Dover Drive.
5. The City of Newport Beach shall provide adequate parking
for the future view park area on Upper Castaways. A
specific parking plan shall be prepared concurrent with
preparation of park facility plans for the view park.
Parking shall be convenient to either trail access or the
paved access road.
6. Prior to the approval of the Final Tract Map, the applicant
shall verify the location of any plugged and abandoned oil
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wells on site. If any abandoned wells are on -site, the
applicant or property owner shall plug the well(s) to meet
the standards of Department of Conservation Division of
Oil, Gas and Geothermal Resources. If a well occurs
within the development area, the plugging shall occur prior
to the issuance of any grading permits. If a well occurs
within the dedication area, an agreement committing to the
completion of plugging shall be executed prior to the
acceptance of dedication, and the plugging shall occur prior
to the issuance of any grading permits. If any structures
are over or in close proximity to any well, a gas venting
system shall be installed as required by the State
Department of Conservation and the City Grading
Engineer.
Tentative Map of Tract No. 15012:
Findines:
1. That the design of the subdivision improvements will not
conflict with any easements acquired by the public at large
for access through or use of property within the proposed
subdivision.
2. That public improvements may be required of a developer
per Section 19.08.020 of the Municipal Code and Section
66415 of the Subdivision Map Act.
3. That grading and drainage improvements are required
along the bluff top trail in order to prevent continued
erosion of the natural bluffs.
4. That the access drive is required at Dover Drive and Cliff
Drive for maintenance, emergency rescue and police patrol
access to the bluff top area to replace the access lost from
16th Street. The grading for frontage improvements along
the Dover Drive frontage provides required sight distance.
5. That a traffic signal is needed at Dover Drive and Cliff
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Drive due to the increase in vehicular traffic and pedestrian
crossing activity.
6. That Resubdivision No. 972 provides access to Lower
Castaway across a portion of Tentative Tract No.15012 and
that Tentative Tract No. 15012 is required to be consistent
with a currently approved map.
Conditions:
1. That the Tentative Tract Map be revised to delete the area
from the tentative map that is proposed as the access road
for the Lower Castaways site in conformance with
Resubdivision No..972, currently being processed; that an
accompanying construction easement for constructing the
future access road be provided; and that an easement for
ingress and egress be provided across the future Lower
Castaways access road for the park access road to be
constructed with the proposed tract. Notwithstanding this
condition, all open space dedication requirements including
size and location shall be deemed to be fully satisfied by
The Irvine Company consistent with the terms of the
CIOSA Agreement related to the Upper Castaways parcel.
2. That a final map be recorded. That the final map be
prepared so that the Bearings relate to the State Plane
Coordinate System. The final map shall be prepared on
the California coordinate system (NAD83) and that prior
to recordation of the final map, the surveyor/engineer
preparing the map shall submit to the County Surveyor a
digital -graphic file of said map in a manner described in
Section 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. That prior to recordation of the final map,
the surveyor/engineer preparing the map shall tie the
boundary of the map into the Horizontal Control System
established by the County Surveyor in a manner described
in Section s 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual,
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Subarticle 18. Monuments (one inch iron pipe with tag)
shall be set On Each Lot Corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be
protected in place if installed prior to completion of
construction project.
3. That all improvements be constructed as required by
Ordinance and the Public Works Department.
4. That a standard subdivision agreement and accompanying
surety be provided in order to guarantee satisfactory
completion of the Public improvements if it is desired to
record a tract map or obtain a building permit prior to
completion of the public improvements.
5. That each dwelling unit be served with an individual water
service and sewer lateral connection to the public water
and sewer systems unless otherwise approved by the Public
Works Department and the Building Department.
6. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further review
by the Traffic Engineer and the Fire Department.
7. That the design of the private streets and drives conform
with the City's Private Street Policy (L-4), except as
approved by the Public Works and Fire Departments. The
basic roadway width shall be a minimum of 32 feet parking
one side and 36 feet parking both sides. The location,
width, configuration, and concept of the private street and
drive systems shall be subject to further review and
approval by the City Traffic Engineer and Fire Department.
8. That the intersection of the private streets and drives be
designed to provide sight distance for a local street in
conformance with City standard 110-L. Slopes, landscape,
walls and other obstruction shall be considered in the sight
distance requirements. Landscaping within the sight line
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shall not exceed twenty-four inches in height. The sight
distance requirement may be modified at non -critical
locations, subject to approval of the Traffic Engineer.
9. That the California Vehicle Code be enforced on the
private streets and drives, and that all traffic control devices
shall be shown on a plan approved by the Public Works
Department.
10. That if it is desired to have a control gate at the entrance,
a turnaround shall be provided prior to the gate. The
design of the controlled entrance shall be reviewed and
approved by the Public Works, Fire and Police
Departments.
11. That easements for public emergency and security ingress,
egress and public utility purposes on all private streets be
dedicated to the City and that all easements be shown on
the tract map unless otherwise approved by the Public
Works Department.
12. That asphalt or concrete access roads shall be provided to
all public utilities, vaults, manholes, and junction structure
locations, with width to be approved by the Public Works
Department.
13. That a 12 foot wide bluff top trail shall be constructed with
a connection on the north at Grove Lane and a connection
on the south at Dover Drive. The trail shall be structurally
designed to handle maintenance and emergency vehicular
traffic. The Trail shall be located a minimum of 15 feet
from the top of proposed slope, unless otherwise approved
by the Public Works Department and the City Grading
Engineer. The design of the trail shall be approved by the
Public Works Department, General Services Department,
Utilities Department, Fire Department, Police Department
and the Community Services Department. Provisions to
install lighting in the future shall be included in the trail
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design. The City shall pay for construction costs in excess
of 8 feet. Bonding will be required for these
improvements.
14. The bluff top open space area shall be designed in Lot "V"
to convey the drainage away from the top of slope to be
picked up by a storm drain system to be constructed by the
developer and maintained by the City. All landscaping
inland of the bluff top trail shall be planted and maintained
by the developer/association. An agreement shall be
required for maintenance of the landscape and approved as
to form by the City Attorney's office.
15. That the heavily eroded areas with near vertical faces along
the bluff top within Lot "V" shall be repaired and all
drainage directed away from the bluff top edge. The
locations to be repaired shall be reviewed and approved by
the City.
16. That prior to the developer dedicating the View Park, Lot
Hull, to the City, all heavily eroded areas with near vertical
faces along the bluff top shall be repaired and all drainage
directed away from the bluff top edge. The City shall pay
all costs associated with this repair in excess of $30.000.00.
Provisions regarding a release of liability of the developer
shall be included in the dedication documents.
17. That a bus turnout and shelter pad be constructed on
Dover Drive just north of 16th Street as approved by the
Public Works Department and the Orange County Transit
Authority.
18. That the active park site, proposed Lot 120, be graded at
2% with site drainage conveyed to the storm drain system
unless otherwise approved by the Public Works
Department. Erosion control shall be provided on the site
as required by the City Grading Engineer.
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19. That a 24 foot wide access road be constructed in the
proposed Open Space Lot "U" from the intersection of
Dover Drive and Cliff Drive along the alignment of the old
Castaways Road and connect to the bluff top trail. The
access road shall be a maximum 8% grade with a turn
around. The road shall be designed to accommodate heavy
vehicles and Fire Department apparatus. The design is to
be approved by the Public Works Department. That the
design and grades of the access road be compatible with
the proposed grades for the proposed Lower Castaways
access road. That bonding for the improvements will be
required.
20. That the developer contribute 50% of the cost of installing
a traffic signal at the intersection of Dover Drive and Cliff
Drive prior to the occupancy of the first housing unit within
the proposed tract development.
21. That frontage improvements be constructed on Dover
Drive between Cliff Drive and 16th Street to provide 3
lanes in each direction at Cliff Drive tapering to 2 lanes in
each direction at 16th Street. These improvements shall be
completed within 6 months of occupancy of the first
residential unit (other than models). Bonding will be
required for these improvements.
22. That frontage improvements be constructed on Dover
Drive at Westcliff Drive to provide a north bound through
lane and a right turn lane. These improvements shall be
completed within 6 months of occupancy of the first
residential unit (other than models).
23. That construction access to the development be from 16th
Street and that the last 100' of haul road adjacent to 16th
Street shall be paved with asphalt with another 109 of
aggregate adjacent to the asphalt to clean truck tires unless
an alternate plan is approved by the Public Works
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Department. A plan for cleaning the trucks must be
approved by the Traffic Engineer.
24. That street, drainage and utility improvements be shown of
standard improvement plans prepared by a licensed civil
engineer.
25. That a hydrology and hydraulic study be prepared by the
applicant and approved by the Public Works Department,
along with a master plan of water, sewer and storm drain
facilities for the on -site improvements prior to recording of
the tract map. Any modifications or extensions to the
existing storm drain, water and sewer systems shown to be
required by the study shall be the responsibility of the
developer. The condition includes all areas covered by the
subdivision map.
26. That an easement for water purposes be dedicated across
lot "N" and a water main constructed between Street "D"
and the Dover Drive at Cliff Drive intersection with a fire
hydrant connection as approved by the Utilities, Fire and
Public Works Departments. Bonding will be required for
these improvements.
27. That a 12" diameter water main be constructed between
16th Street and Polaris Drive and connect to the existing
12" lines in 16th Street and Polaris Drive. That the
proposed 10' wide easement through lot "O" be relocated
westerly of Lot "O" in order to align with the 12" water
main in Polaris Drive.
28. That the easterly property line of Lot 38 be moved westerly
15' in order to provide an adequate easement for the
proposed 12" water main unless otherwise approved by the
Public Works Department.
29. That storm drain facilities designed to empty into the
Polaris Storm Drain System shall be approved by the
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Orange County EMA prior to issuance of any grading or
building permits.
30. That prior to issuance of any grading or building permits
for the site, the applicant shall demonstrate to the
satisfaction of the Public Works Department and the
Planning Department that adequate sewer facilities will be
available for the project. Such demonstration shall include
verification from the Orange County Sanitation District and
the City's Utilities Department.
31. That an additional 28 feet of right-of-way be dedicated to
the public for street and highway purposes along the Dover
Drive frontage in order to provide a minimum of 128 feet
of right-of-way. That the 28 foot width be graded to future
curb grade along the entire length of the Dover Drive
frontage with a 2% cross fall at the time of the proposed
tract grading unless otherwise approved by the Public
Works Department, and that a 10 foot wide concrete
sidewalk be constructed along the tract frontage between
Westcliff Drive and Cliff Drive.
32. That County Sanitation District fees be paid prior to
issuance of any building permits.
33. That the Public Works Department plan check and
inspection fee be paid.
34. Disruption caused by construction work along roadways and
by movement of construction vehicles shall be minimized by
proper use of traffic control equipment and flagmen.
Traffic control and transportation of equipment and
materials shall be conducted in accordance with state and
local requirements. A traffic control plan shall be reviewed
and approved by the Public Works Department. There
shall be no construction storage or delivery of materials
within the Dover Drive right-of-way.
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35. That a fire protection system acceptable to the Fire
Department be installed by the developer and tested by the
Fire Department prior to storage of any combustible
materials or start of any structural framing.
36. That the Coastal Bluff property line Setback from the edge
of the bluff shall be located no closer to the edge of the
bluff than the point at which the top of the bluff is
intersected by a line drawn from the solid toe of the bluff
at an angle of 26.6 degrees to the horizontal. In no case
shall a property line be located closer than forty (40) feet
from the edge of a bluff or any eroded area of the bluff
unless the area is.restored.
37. That utility and private access easements be dedicated and
improved between Dover Drive and "F" Street and between
Polaris Drive and "C" Street. The improvements shall be
reviewed and approved by the Public Works Department.
38. That the landscape plans shall be subject to the review of
the Public Works, Police and General Services
Departments and any landscaping adjacent to or within the
view trails and parks shall be subject to review by the
Community Services Department.
39. That 16th Street be restriped to provide clear ingress and
egress to the site.
40. That all above grade utility enclosures shall be located in
such a manner as to provide a minimum 4'0" clear width
sidewalk on private streets and 8'0" width on public streets.
41. That the slopes adjacent to the tract located in the park
sites have a maximum slope of 4 to 1 unless otherwise
approved by the Public Works Department.
42. That the subdivision be redesigned along Dover Drive to
comply with a 25 foot property line setback from the
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ultimate right-of-way line. The Planned Community
District Regulations for Upper Castaways shall be amended
to reflect this modified setback prior to or concurrent with
the approval of the Final Tract Map.
43. Prior to the issuance of grading permits, detailed plans and
recommendations for repair of the existing bluff top
erosional features in Lot "V" shall be provided for the
review and approval of the City Grading Engineer.
44. An increase in the rate of groundwater recharge related to
the proposed development and related 'Irrigation systems
may adversely affect bluff stability and increase the current
rate of bluff retreat. Plans and recommendations
mitigating these effects shall be reviewed and approved by
the City Grading Engineer prior to issuance of any grading
permits.
45. Minimum fire flow requirement is 1000 gpm at 20 psi
residual pressure.
46. The location of all fire hydrants shall be reviewed and
approved by the Fire Department. A hydrant shall be
provided in the view park in the vicinity of the access road.
47. That the notes on the Tentative Tract Map be modified as
follows:
a) Delete note #13.
b) The single family acreage changed to 26 acres.
c) Summary note for Lot "V" changed from private to
public.
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Nevember 1994
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Site Plan Review No. 71:
Findings:
1. That the development of Upper Castaways will not
preclude implementation of specific General Plan
objectives and policies if in accordance with the plans as
modified by the condition for approval.
2. That the value of the property is protected by preventing
development characterized by inadequate and poorly
planned landscaping, excessive building bulk, inappropriate
placement of structures and failure to preserve where
feasible natural landscape features.
Conditions'
1. That development shall be in substantial conformance with
the approved conceptual grading plan, site plan, floor plans
and elevations, except as modified in the following
conditions and those imposed on the Tentative Tract Map.
2. That a minimum of two parking spaces per dwelling unit be
provided, plus two guest parking spaces per unit. Of the
guest spaces, a minimum of one per unit shall be provided
on -street or in commonly accessible parking bays.
3. That a minimum of 50% of the dwelling units shall comply
with the 24 foot height limit as defined in the Newport
Beach Municipal Code. A maximum of 50% of the
dwelling units may exceed this height to the maximum 32
foot limit provided for the PC Text.
4. That the subdivision be redesigned along Dover Drive to
comply with a 25 foot property line setback from the
ultimate right-of-way line. The Planned Community
District Regulations for Upper Castaways shall be amended
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to reflect this modified setback prior to or concurrent with
the approval of the FinalTract Map.
5. Landscape plans for common areas shall incorporate
automatic irrigation systems equipped with an override
keyed to continuous moisture measurement devices unless
otherwise approved by the City Grading Engineer.
6. That this site plan review shall expire unless exercised
within 24 months from the date of approval as specified in
Section 20.01.070 K of the Newport Beach Municipal Code.
7. That all chimney heights conform to the requirements of
the Newport Beach Municipal Code, unless otherwise
approved by the Modifications Committee.
xss
eneral Plan Amendment 94-3
Reque to initiate amendments to the Newport Beach General
Plan, as fo ws:
A. CalTrans Wes
Caltrans West consists o proximately 17 acres of vacant land
located west of Superior Ave e, north of Pacific Coast Highway,
and south of the Newport Crest ndominium complex.
The preferred future use of the site is re ation/open space with
active recreational uses accommodated on t site. Specific park
improvements and the possible phasing of park u s if entitlement
is transferred off -site shall be consistent with the R eation and
Open Space Element.
The site is presently allocated 152 dwelling units subject
provisions intended to facilitate the transfer of all of this
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Discussior
Item No. i
GPA 94=3
A. CalTrar.
Inititatk
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John S. Hfngtgen
161 East 21at St., #16
'� Costa Mesa, CA 92627