HomeMy WebLinkAbout2000-19 - Adopting a Development Agreement Between the City of Newport Beach and The Irvine Company [Development Agreement No. 14].ORDINANCE 2000- 19
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ADOPTING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF NEWPORT
BEACH AND THE IRVINE COMPANY [DEVELOPMENT
AGREEMENT NO. 141
The City Council of the City of Newport Beach DOES HEREBY ORDAIN as follows:
SECTION
1. The City Council finds and declares that:
a.
The State Legislature and the City Council have determined that the lack of certainty
in the approval of development projects can result in a waste of resources, escalate
the cost of housing and other development to the consumer, and discourage
investment in and commitment to the comprehensive planning which would make
maximum efficient utilization of resources at the least economic cost to the public;
and
b.
Assurance that an applicant may proceed with a project in accordance with existing
policies, rules and regulations, and subject to conditions of approval, will strengthen
•
the public planning process, encourage private participation in comprehensive
planning, and reduce the economic costs of development; and
C.
California government Code Section 65864 et seq. authorizes cities to enter into
development agreements with any person having a legal or equitable interest in
property for the development of the property; and
d.
Chapter 15.45 of the Newport Beach Municipal code provides requirements and
procedures for the amendment of development agreements; and
e.
The Development Agreement has been prepared in compliance with state law and
the Newport Beach Municipal Code; and
f.
On September 21, 2000, the Planning Commission of the City of Newport Beach
held a duly- noticed public hearing regarding the proposed Development Agreement
and; and
g.
The Planning Commission found that the Development Agreement is in
conformance with the Newport Beach General Plan, as proposed by accompanying
•
General Plan Amendment No. 99 -3(C), and forwarded the Development Agreement
to the City Council with a recommendation of adoption, subject to certain
• amendments; and
h. On October 10, 2000, the City Council of the City of Newport Beach held a duly -
noticed public hearing regarding the proposed Development Agreement, and
testimony was presented to and considered by the City Council; and
i. Pursuant to the California Environmental Quality Act (CEQA), the City has
completed an Initial Study, determined that the impacts of the subject Development
Agreement have been fully evaluated in previously certified Environmental Impact
Reports, that the conditions to the preparation of a Subsequent or Supplemental EIR
do not exist, and that a Negative Declaration is appropriate; and
j. The Development Agreement will preserve the benefits of years of land use planning
and open space - habitat preservation efforts, while establishing ultimate City control
of the area..
SECTION 2. Development Agreement No. 14, attached hereto as Exhibit DA -1, is hereby
adopted.
• SECTION 3. The Mayor shall sign and the City Council shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
•
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on October 10, 2000, and adopted on October 24, 2000 by the following vote, to wit:
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AYES, COUNCIL MEMBERS Thomson, Glover, Adams,
• Debay, Ridgeway, O'Neil and Mayor Noyes
ATTEST:
CITY CLERK
•
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
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EXHIBIT DA -1:
DEVELOPMENT AGREEMENT
•
ANNEXATION AND DEVELOPMENT AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE IRVINE COMPANY
• AND
IRVINE COMMUNITY DEVELOPMENT COMPANY
•
CONCERNING
THE NEWPORT COAST
AND ADJACENT PROPERTIES
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• ANNEXATION AND DEVELOPMENT AGREEMENT
This Annexation and Development Agreement (hereinafter "Agreement') is
entered into effective as of 2000, (hereinafter the "Effective
Date ") by and among the CITY OF NEWPORT BEACH (hereinafter "CITY "), and
THE IRVINE COMPANY and IRVINE COMMUNITY DEVELOPMENT COMPANY
(hereinafter collectively "OWNER ").
RECITALS
A. OWNER collectively owns a substantial portion of the real property
('Property ") described on Exhibit "A" and depicted on Exhibit "B,"
consisting of approximately five thousand, four hundred and forty -one
(5441) acres.
B. The Property is currently in the unincorporated area of the County of
Orange ( "County"). OWNER has obtained development approvals for the
majority of the Property from the County, and has commenced subdivision
and development of the Property under the jurisdiction of the County.
• C. The development approvals for the Property have been approved as a
result of a lengthy planning process and the preparation of numerous
environmental documents (Planning and environmental history is attached
as Exhibit "C "). The development approvals include:
1. The Newport Coast Local Coastal Program and Master Coastal
Development Permit for that portion of the Property in the Coastal
Zone.
2. A Development Agreement with the County (County Development
Agreement).
3. The Newport Ridge Planned Community Plan.
4. Subdivision Maps.
D. The Property is also part of the Natural Communities Conservation Plan
(NCCP) — a complex agreement that requires OWNER to dedicate portions
of the Property upon completion of certain phases of development.
OWNER is also required to dedicate large portions of the Property pursuant
• to the development approvals. The NCCP and the Newport Coast Local
Coastal Program both include territory that is not to be annexed by the
CITY and is not covered by this Agreement
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• E. OWNER was required, by the development approvals, to make costly
infrastructure improvements that far exceed, in terms of size, capacity and
cost, the improvements that would have been necessary to mitigate the
impacts, or serve the needs, of the development. OWNER was required to
make, and has made, these extraordinary improvements prior to
development of the Property.
F. OWNER has acquired a fully vested right to develop the Property in
accordance with the development approvals because of the extraordinary
expenditures for public and private improvements made in reliance on the
development approvals, the dedications made in reliance on the
development approvals and the County Development Agreement.
G. CITY and OWNER intend for this Agreement to supplement the County
Development Agreement in light of the CITY's intention to delegate to the
County all land use authority over the Property until such time as the
Project is complete.
H. The Property is within CITY's sphere of influence. City is desirous of
annexing the Property but recognizes that the development approvals for
the Property involve complex and interrelated planning documents and
• CITY does not have sufficient staff to timely process the permits required
for development in compliance with all the development approvals.
Moreover, the development approvals and land use plan involve the
dedication of valuable habitat and open space within and outside of the
boundaries of the Property and City does not have the personnel and
expertise to ensure that dedications occur as planned.
CITY and OWNER have discussed the process and terms and conditions
of annexing the Property to CITY, and each has determined that it is in their
respective best interests to pursue that annexation pursuant to the terms of
this Agreement and the development approvals. In particular:
1. CITY desires assurances that OWNER will support eventual
annexation of all of the Property to CITY, in order to:
a. facilitate the timely and orderly integration of the Property into
the CITY consistent with the CITY's sphere of influence;
b. facilitate planning and provision of municipal services to the
Property without any adverse fiscal impact on the CITY or
adverse impact on the ultimate owners of the Property; and
•
C. ensure consistency with and implement the CITY's General
Plan; and
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• 2. OWNER desires to obtain assurances from CITY that subsequent to
annexation:
a. OWNER will still be able to develop the Property to the full
extent permitted by the development approvals granted by the
County and the Coastal Commission and consistent with the
City's General Plan;
b. development will be processed by the County in accordance
with a uniform set of land use and building rules, regulations
and requirements, as established by the development
approvals given by the County for the Property prior to its
annexation; and
C. development of the Property will be subject only to costs,
fees, processing requirements, conditions or exactions that
would have been imposed had the Property not been
annexed to CITY,.
J. In addition to the authority at common law for annexation agreements,
Government Code Sections 65864 et seq. ( "Development Agreement
Law "), and Newport Beach Municipal Code Chapter 15.45, authorize CITY
• to enter into binding development agreements with persons having a legal
or equitable interest in real property for the development of such property,
all for the purpose of strengthening the public planning process,
encouraging private participation and comprehensive planning and
reducing the economic costs of such development.
•
K. The City Council has found that this Agreement is in the best public interest
of the CITY and its residents, adopting this Agreement constitutes a
present exercise of its police power, and prior to and as a condition
precedent to annexation of the Property, this Agreement will be consistent
with the City's General Plan and with Newport Beach Municipal Code
Chapter 15.45.
L. Nothing in this Agreement is intended to impair the rights and obligations of
OWNER under and pursuant to either or both the Newport Coast Local
Coastal Program, Second Amendment, and the Litigation Settlement
Agreement entered into June 27, 1997, by and among OWNER, the
Friends of the Irvine Coast, Laguna Greenbelt, Inc., and Stop Polluting Our
Newport.
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COVENANTS
NOW, THEREFORE, the Parties agree as follows:
1. DEFINITIONS AND EXHIBITS
1.1 Definitions. This Agreement uses a number of terms having specific
meanings, as defined below. These specially defined terms are
distinguished by having the initial letter capitalized, or all letters capitalized,
when used in the Agreement. The defined terms include the following:
1.1.1 "Agreement' means this Annexation and Development Agreement.
1.1.2 "Coastal Zone Area" means that portion of the Property that is subject to
the provisions of the California Coastal Act, Public Resources Code section
30000 et seq.
1.1.3 "CITY" means the City of Newport Beach, a California charter city.
1.1.4 "County" means the County of Orange, apolitical subdivision of the State of
California.
1.1.5 "Development' whether or not capitalized means the improvement of the
Property for the purposes of completing the structures, improvements and
facilities comprising the Project including, but not limited to: grading; the
construction of infrastructure and public facilities related to the Project
whether located within or outside the Property; the construction of buildings
and structures; and the installation of landscaping and park facilities and
improvements. For purposes of this Agreement, however, "Development"
does not include any remodeling, reconstruction, or other building or
grading activity by any person subsequent to the termination of this
Agreement as provided in and pursuant to Section 2.3.3 below.
1. 1.6 "Development Approvals" means all permits, licenses, consents, rights and
privileges, and other actions subject to approval or issuance by County or
CITY in connection with Development of the Property, including but not
limited to:
a. General plans and general plan amendments adopted by the County
or the CITY;
b. Specific plans and specific plan amendments;
C. Zoning and rezoning adopted by the County or the CITY;
d. Tentative and final subdivision and parcel maps;
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• e. Variances, conditional use permits, master plans, public use permits
and plot plans; and
f. Grading and building permits.
1.1.7 "Development Plan" means the plan for Development of the Property,
including without limitation the planning and zoning standards, regulations,
and criteria for the Development of the Property, contained in and
consistent with the Development Approvals. The components of the
Development Plan are summarized in Exhibit "D:'
1.1.8 "Effective Date" means the date this Agreement is approved by the CITY as
shown in the first paragraph..
1.1.9 "Land Use Regulations" means all ordinances, resolutions, codes, rules,
regulations and official policies governing Development and use of land
applicable to the Property pursuant to this Agreement, including, without
limitation, the permitted use of land, the density or intensity of use,
subdivision requirements, the maximum height and size of proposed
buildings, the provisions for reservation or dedication of land for public
purposes, and the design, improvement and construction standards and
• specifications applicable to the Development of the Property. "Land Use
Regulations" does not include any CITY ordinance, resolution, code, rule,
regulation or official policy, governing:
a. the conduct of businesses, professions, and occupations;
b. except as provided in Section 4.9 below, taxes and assessments;
C. the control and abatement of nuisances;
d. the granting of encroachment permits and the conveyance of rights
and interests which provide for the use of or the entry upon public
property; and
e. the exercise of the power of eminent domain
1.1.10 "OWNER" means individually and collectively The Irvine Company and
Irvine Community Development Company, and where appropriate in
context their respective successors in interest to all or any part of the
Property.
• 1.1.11 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a
deed of trust or any other security- device, a lender and their successors
and assigns.
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1.1.12 "Project' means the Development of the Property consistent with the
Development Plan.
1.1.13 "Property" means the real property described in Exhibit "A" and shown on
Exhibit "B" to this Agreement.
1.1.14 "Reservation of Authority" means the rights and authority excepted from the
assurances and rights provided to OWNER under this Agreement and
reserved to CITY.
1.1.15 "Subsequent Development Approvals" means all Development Approvals
subsequent to the Effective Date in connection with Development of the
Property.
1.1.16 "Subsequent Land Use Regulations" means any Land Use Regulations
adopted and effective after the Effective Date of this Agreement, other than
the Development Plan.
1.1.17 "Term" shall mean the period of time from the Effective Date until the
termination of this Agreement as provided in subsection 10.1, or earlier
termination as provided in Section 7.
1.2 Exhibits. The following documents are attached to, and by this reference
made a part of, this Agreement:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
2. GENERAL PROVISIONS.
Legal Description of the Property.
Map showing Property and its location.
Planning and Environmental History.
Summary of County Development Approvals.
Documents containing Mitigation Measures.
Affordable Housing Implementation Plans — Summary.
2.1 Binding Effect of Agreement. This Agreement shall be binding on the
CITY from and following the Effective Date. However, CITY shall have no
right or duty with respect to the Property until annexation of the Property to
CITY and CITY intends, through a joint powers agreement or similar
arrangement, to delegate to the County all land use jurisdiction and all
responsibility for processing Development Approvals.
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• 2.2 Assignment By OWNER.
2.2.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the
Property in whole or in part (provided that no such partial transfer shall
violate the Subdivision Map Act, Government Code Section 66410, et
sec.), and in so doing assign its rights and obligations under this
Agreement as the same may relate to the portion of the Property being
transferred, to any person, partnership, joint venture, firm or corporation at
any time during the term of this Agreement.
2.2.2 Release of Transferring Owner. Upon the sale, transfer or assignment of
all or a portion of the Property, the transferring OWNER shall be released
of all obligations under this Agreement that relate to the portion of the
Property being transferred; provided that the obligations under Sections 4
and 5 of this Agreement that relate to the portion of the Property being
transferred are assumed by and enforceable against the transferee.
2.2.3 Termination of Agreement With Respect to Individual Residential Lots On
Sale to Public and Completion of Construction. Notwithstanding any other
provisions of this Agreement, this Agreement shall terminate with respect to
any residential lot and such residential lot shall be released and no longer
• be subject to this Agreement upon satisfaction of both of the following
conditions:
a. The residential lot has been finally subdivided and individually (and
not in "bulk ") sold or leased (for a period longer than one year) to a
member of the public or other ultimate user; and,
b. A certificate of occupancy has been issued or a final building
inspection has been conducted and approved for the primary
dwelling unit on the residential lot.
2.2.4 Termination of Agreement With Respect to Non - Residential Parcels.
Notwithstanding any other provisions of this Agreement, this Agreement
shall terminate with respect to any non - residential parcel and such non-
residential parcel shall be released and no longer be subject to this
Agreement at such time as the parcel has been fully improved and
occupied consistent with the allowed intensity of development under the
Development Plan.
3. PRE - ANNEXATION OBLIGATIONS AND COMMITMENTS.
• 3.1 Annexation of Property. Consistent with and subject to the terms and
conditions of this Agreement and specifically this Subsection, CITY may, in
one annexation proceeding or several annexation proceedings, annex the
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• Property under such conditions as are imposed by or through the Orange
County Local Agency Formation Commission and reasonably acceptable to
OWNER. Conditions shall be deemed to be reasonably acceptable to
OWNER unless the conditions impair or interfere with OWNER's rights to
develop or materially increase the cost of development.:
3.1.1 Annexation Before Project Completion. OWNER will neither oppose nor
interfere with CITY's annexation of the Property in its entirety before Project
completion, provided that CITY first:
a. Obtains from the Coastal Commission and /or the Executive Director
of the Coastal Commission, a binding determination that annexation
of the Property by CITY subject to the terms of this Agreement and
related agreements or arrangements will not alter or affect the
validity and enforceability of the Newport Coast Local Coastal
Program, Second Amendment, and any related coastal development
permits or deprive the County of authority to issue coastal
development permits pursuant to the terms of this Agreement and
the Newport Coast Local Coastal Program, Second Amendment. ;
b. Adopts the applicable general plan provisions, specific plans and
zoning for the Property essentially as the same have been adopted
• by the County, to the extent the annexation covers portions of the
Property that are not governed by the Newport Coast Local Coastal
Program, Second Amendment;
C. Enters into a joint powers or similar agreement with the County
preserving with the County all discretionary land use, grading, and
building authority over the Property and Project; and
3.1.2 Ultimate Annexation. OWNER will fully support CITY annexation of all or a
portion of the Property without satisfying the provisions of Section 3.1.1, to
the extent that all annexed lots and /or parcels have received building
permits and a certificate of occupancy has been issued or a final building
inspection has been conducted and approved for their original
improvements.
3.2 Environmental Impacts and Mitigation. The parties acknowledge that
Environmental Impact Reports, environmental documents and functional
equivalents ( "Environmental Documents - described in Exhibits "C" and
"E ") have been prepared and certified for the Project by County and /or
approved by the Coastal Commission. CITY has reviewed and evaluated
the Environmental Documents to determine if the impacts of the Project, as
• represented by this Agreement, the Development Plan, and the CITY
approvals, were fully analyzed and evaluated. CITY has also reviewed the
Environmental Documents and all relevant existing facts and circumstances
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• to determine if any of the events that require preparation of a subsequent
or supplemental environmental document have occurred. CITY has
determined based on that review that none of the events described in
Section 21166 of the Public resources Code or Sections 15162 or 15163 of
the CEQA Guidelines have occurred. CITY has specifically determined that
the detachment of the Property from County and the annexation of the
Property to CITY do not require preparation of any subsequent or
supplemental environmental impact report for the Project. CITY has also
determined that, subject to incorporation of the mitigation measures
identified in the environmental documents referenced in Exhibit "E" and
except as specifically provided in this Agreement, there is no current or
anticipated deficiency in any municipal service or facility (including without
limitation planned community and neighborhood parks, drainage and flood
control facilities, circulation system infrastructure, and public safety
services) resulting from Development of the Project. The mitigation
measures identified in the environmental documents referenced in Exhibit
"E" are incorporated by reference into the Development Plan.
3.3 Additional Pre - Annexation Understandings. As a further inducement to
OWNER to support the annexation of the Property to CITY, CITY agrees
that, as of the date of its approval of this Agreement, CITY acknowledges
that all County affordable housing requirements associated with
• development of the Property have been satisfied. CITY also acknowledges
that the OWNER has a vested right to proceed with development pursuant
to the County Agreement and that no additional affordable housing
requirements shall be imposed on development of the Property pursuant to
the CITY's General Plan or otherwise. The Affordable Housing
Implementation Plans approved by the County, describing the manner in
which affordable housing requirements have been satisfied for
development of the Property, are summarized in Exhibit "F." Fees
payable upon issuance of any development permit (e.g., building permit or
occupancy permit) will be paid to the issuer of the permit in accordance
with County Codes, fee schedules and requirements for original
improvements. Following annexation, fees shall continue to be paid to the
issuer in accordance with the codes and requirements for additions,
remodels and rebuilds of the jurisdiction with land use authority. CITY
agrees that the Project is in full compliance with, and shall not be further
subject to, CITY's Traffic Phasing Ordinance following annexation of the
Property, CITY having determined through this Agreement that:
a. Development of the Property will not cause or make worse any
unsatisfactory level of service at any critical intersection as defined
in the Traffic Phasing Ordinance;
• b. Development of the Property has been considered a committed
project which has been incorporated into the CITY's traffic model
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• and Circulation Element traffic projections and all resulting levels of
service have been accepted in the Circulation Element; and
C. There is an overall reduction in peak hour ICU at impacted
intersections having unsatisfactory levels of service taking into
account the circulation improvements constructed or facilitated by
OWNER pursuant to conditions imposed for development of the
Project, including without limitation construction of Newport Coast
Drive, extension of San Joaquin Hills Road, widening of Pacific
Coast Highway, and facilitation of construction of the San Joaquin
Hills Transportation Corridor.
3.4 Cooperation. Subject to and in reliance upon the representations and
covenants of the CITY herein, OWNER will support the annexation of the
Property by the CITY.
3.5 Termination of Annexation Proceedings. This Agreement may be
terminated by OWNER in the event that CITY fails to comply with the
requirements of Paragraph 3.1 above with respect to any proposed
annexation of the Property to CITY, or if conditions imposed by or through
the Local Agency Formation Commission on the annexation are determined
by either party to conflict materially with its rights and obligations under any
• provision of this Agreement.
4. DEVELOPMENT OF THE PROPERTY UPON ANNEXATION AND ADOPTION
OF THE DEVELOPMENT PLAN.
Following annexation of the Property by CITY, the following provisions shall apply:
4.1 Rights to Develop. Subject to the terms of this Agreement, following
annexation of the Property OWNER shall have a vested right to develop
the Property in accordance with, and to the extent of, the Development
Plan. Pending annexation to CITY, OWNER shall have the right to seek
approvals from County for the Development of the Property, and to develop
the Property, consistent with the Development Plan.
4.2 Effect of Agreement on Land Use Regulations. Except as otherwise
provided under the terms of this Agreement, the rules, regulations and
official policies governing permitted uses of the Property, the density and
intensity of use of the Property, the maximum height and size of proposed
buildings, and the design, improvement and construction standards and
specifications applicable to Development of the Property, shall be those
contained in the Development Plan and those Land Use Regulations not
• inconsistent with the Development Plan.
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• 4.3 Timing of Development. The parties acknowledge that OWNER cannot at
this time predict when or the rate at which phases of the Property will be
developed. Such decisions depend upon numerous factors that are not
within the control of OWNER, such as market orientation and demand,
interest rates, absorption, completion and other similar factors. Since the
California Supreme Court held in Pardee Construction Co. v. City of
Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties to provide for
the timing of Development resulted in a later adopted initiative restricting
the timing of Development to prevail over such parties' agreement, it is the
parties' intent to cure that deficiency by acknowledging and providing that
OWNER shall have the right to develop the Property in such order and at
such rate and at such times as OWNER deems appropriate within the
exercise of its subjective business judgment. Nothing in this section is
intended to alter the standard durational limits of any applicable permits
issued to OWNER.
4.4 Changes and Amendments. The parties acknowledge that Development
of the Project will likely require Subsequent Development Approvals, and
that in connection therewith OWNER may determine that changes are
appropriate and desirable in the existing Development Approvals or
Development Plan. In the event OWNER finds that such a change is
appropriate or desirable, OWNER may apply in writing for an amendment
• to Development Approvals or the Development Plan to effectuate such
change, which application shall be processed for approval by County.
CITY shall expressly permit and authorize modifications of any proposed
changes in the Development Approvals or Development Plan unless the
proposed modifications: (a) are inconsistent with the then current Land Use
Element designations for the Property; or (b) would materially reduce open
space intended for dedication to the public; or (c) would materially alter the
cost of providing municipal services to the Property subsequent to
annexation, or (d) materially reduce the amount of property tax or other
revenue available to the CITY after annexation, or (e) materially increase
the density and /or intensity of development allowed in the Project as a
whole, resulting in unacceptable intersection impacts outside of the Project
that cannot be mitigated pursuant to the CITY's Traffic Phasing Ordinance.
If approved in a form to which OWNER has consented in writing, any such
change in the Development Approvals or Development Plan shall be
incorporated herein as an addendum, and may be further changed from
time to time as provided in this Section. Any change in the Development
Approvals or Development Plan made in accordance with the procedures
required by the Land Use Regulations and with the written consent of the
OWNER shall be conclusively deemed to be consistent with this
Agreement, without any further need for any amendment to this Agreement
• or any of its Exhibits.
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4.5 Continuation of Irvine Coast Development Agreement. CITY
• acknowledges and agrees that the County Development Agreement
entered into between OWNER and County shall continue to govern the
rights and obligations of OWNER and County with respect to the Coastal
Zone Area preceding annexation, and following annexation to the
maximum extent permitted pursuant to the joint powers agreement or
similar arrangement. If for any reason this Agreement is found to be invalid
or unenforceable or OWNER's ability to proceed with the Development
Plan is impaired or delayed for any reason, then the Coastal Zone Area
shall be and remain subject to the terms and protections of the Irvine Coast
Development Agreement.
S. FINANCING OF PUBLIC IMPROVEMENTS AFTER ANNEXATION.
5.1 Formation of Financing Districts. If so requested by OWNER, CITY will
cooperate in the formation of any special assessment district, community
facilities district or alternate financing mechanism ( "CFD ") to pay for the
construction, acquisition, and /or maintenance and operation of public
and /or quasi - public infrastructure, lighting, landscape, or any other public
facilities required as part of the Development Approvals; provided,
however, CITY shall have no obligation to authorize or to cause any such
CFD to issue debt or sell bonds prior to the completion of the annexation of
• the Property to CITY. In the event that such a CFD is formed and sells
bonds to pay for the construction or acquisition of public or quasi - public
facilities which were provided, in whole or in part, by OWNER, OWNER
may be reimbursed from such bonds to the extent that OWNER has spent
funds or dedicated land for the establishment of such facilities and creation
of the CFD. While it is acknowledged that this Agreement cannot require
CITY or the City Council to form any such CFD or to issue and sell bonds,
CITY represents that it can, and does hereby, agree that it shall not refuse
OWNER's request to form such a CFD and to issue and sell bonds
following completion of annexation of the Property to CITY, except for good
and reasonable cause. In no event shall CITY have any obligation or duty
to refinance, repay, reduce the amount of, or assume any financial
relationship to, any bonds or other debt issued by any CFD prior to
annexation.
•
5.2 OWNER's Right to Construct Facilities. It is understood and agreed that,
subject to CITY or County review and approval of plans and specifications,
as appropriate, the OWNER may elect, and reserves the right, to construct,
or cause the construction of, any public or quasi - public facility for which the
CITY intends to collect a fee, and to dedicate the completed facility to the
CITY, in lieu of payment of the fee.
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• 6. REVIEW FOR COMPLIANCE FOLLOWING ANNEXATION.
6.1 Periodic Review. Following annexation of all or any portion of the
Property, the City Council shall review this Agreement annually, on or
before the anniversary of the Effective Date, in order to ascertain the good
faith compliance by OWNER with the terms of the Agreement. As part of
that review, OWNER shall submit an annual monitoring review statement
describing its actions in compliance with this Agreement, in a form
acceptable to the City Manager, within 30 days after written notice from the
City Manager requesting that statement. The statement shall be
accompanied by an annual review and administration fee sufficient to
defray the estimated costs of review and administration of the Agreement
during the succeeding year. The amount of the annual review and
administration fee shall be set annually by resolution of the City Council.
6.2 Special Review. The City Council may order a special review of
compliance with this Agreement at any time at CITY's sole cost. OWNER
shall cooperate with the CITY in the conduct of such special reviews.
6.3 Procedure. In connection with any periodic or special review, each party
shall have a reasonable opportunity to assert matters which it believes
have not been undertaken in accordance with the Agreement, to explain
• the basis for such assertion, and to receive from the other party a
justification of its position on such matters. If on the basis of the parties'
review of any terms of the Agreement, either party concludes that the other
party has not complied in good faith with the terms of the Agreement, then
such party may issue a written "Notice of Non - Compliance" specifying the
basis for the alleged noncompliance. The party receiving a Notice of
Non - Compliance shall have thirty (30) days to respond in writing to the
Notice. If the response to the Notice of Non - Compliance has not been
received in the offices of the party alleging noncompliance, the Notice of
Non - Compliance shall be conclusively presumed to be valid. If a Notice of
Non - Compliance is contested, the parties shall have up to sixty (60) days to
arrive at a mutually acceptable resolution of the matter(s) occasioning the
Notice. In the event that the parties are not able to arrive at a mutually
acceptable resolution of the matter(s) by the end of the sixty (60) day
period, the party alleging the non - compliance may pursue the remedies
provided in Section 7.
6.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic
or special review, OWNER is found to be in compliance with this
Agreement, CITY shall, upon request by OWNER, issue a Certificate of
Agreement Compliance ( "Certificate ") to OWNER stating that after the most
• recent Periodic or Special Review and based upon the information known
or made known to the City Manager and CITY Council that (1) this
Agreement remains in effect and (2) OWNER is not in default. The
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• Certificate shall be in recordable form, shall contain information necessary
to communicate constructive record notice of the finding of compliance,
shall state whether the Certificate is issued after a Periodic or Special
Review and shall state the anticipated date of commencement of the next
Periodic Review. OWNER may record the Certificate with the County
Recorder. Additionally, OWNER may at any time request from the CITY a
Certificate stating, in addition to the foregoing, which obligations under this
Agreement have been fully satisfied with respect to the Property, or any lot
or parcel within the Property.
7. DEFAULT AND REMEDIES.
7.1 Specific Performance Available. The parties acknowledge that money
damages and remedies at law generally are inadequate and specific
performance is a particularly appropriate remedy for the enforcement of this
Agreement and should be available to OWNER and CITY because due to
the size, nature and scope of the Project, it may not be practical or possible
to restore the Property to its natural condition once implementation of this
Agreement has begun. After such implementation, OWNER and /or CITY
may be foreclosed from other choices it may have had to utilize or condition
the Property or the Project. OWNER and CITY have invested significant
time and resources and performed extensive planning and processing of
• the Project and this Agreement and will be investing even more significant
time and resources in implementing the Project in reliance upon the terms
of this Agreement, such that it would be extremely difficult to determine the
sum of money which would adequately compensate OWNER and /or CITY
for such efforts. Except as provided in the Section 7.2 below, neither
OWNER nor CITY shall be entitled to any money damages, including
attorney fees, from the other party by reason of any default under this
Agreement.
7.2 Restitution of Improper Development Fees. In the event any
Development fees or taxes are imposed by CITY on Development of the
Property other than those authorized pursuant to this Agreement, OWNER
shall be entitled to recover from CITY restitution of all such improperly
assessed fees or taxes, together with interest thereon at the maximum
allowable non - usurious rate from the date such sums were paid to CITY to
the date of restitution
7.3 Termination of Agreement.
7.3.1 Termination of Agreement for Default of OWNER. CITY in its discretion
may terminate this Agreement as to any non - annexed portions of the
• Property for any failure of OWNER to perform any material duty or
obligation of OWNER or to comply in good faith with the terms of this
Agreement related to its annexation (referred to as "default'). However,
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• CITY may terminate this Agreement only after following the procedure set
forth in Section 6.3, providing written notice to OWNER of the default and
the actions necessary to cure such default, and OWNER's failure to
promptly commence cure and diligently pursue the cure to completion.
7.3.2 Termination of Agreement for Default of CITY. OWNER in its discretion
may terminate this Agreement by written notice to CITY after the default by
CITY in the performance of a material term of this Agreement. However,
OWNER may terminate this Agreement only after following the procedure
set forth in Section 6.3, providing written notice to CITY of the default and
the actions necessary to cure the default, and CITY's failure to promptly
commence cure and diligently pursue the cure to completion.
7.3.3 Rights and Duties Following Termination. Upon the termination of this
Agreement, no party shall have any further right or obligation hereunder
except with respect to (i) any obligations to have been performed prior to
said termination, (ii) any default in the performance of the provisions of this
Agreement which has occurred prior to said termination, or (iii) obligations
that have vested through the annexation of the Property, or any annexed
portion thereof.
7.4 OWNER's Right To Terminate Upon Specified Events. Notwithstanding
• any other provisions of this Agreement to the contrary, OWNER retains the
right to terminate this Agreement (but not the provisions of Section 3) upon
thirty (30) days written notice to CITY in the event that OWNER reasonably
determines that continued Development of the Project consistent with the
Development Plan has become economically infeasible due to changed
market conditions, increased Development costs, burdens imposed as
conditions to future discretionary approvals of the Project consistent with
this Agreement, or similar factors.
8. THIRD PARTY LITIGATION.
CITY shall promptly notify OWNER of any claim, action or proceeding filed and
served against CITY to challenge, set aside, void, annul, limit or restrict the
approval and continued implementation and enforcement of this Agreement.
CITY and OWNER agree to cooperate in the defense of such action(s).
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in
any manner, at OWNER's sole discretion, from encumbering the Property or any
portion thereof or any improvement thereon by any mortgage, deed of trust or
• other security device securing financing with respect to the Property. CITY
acknowledges that the lenders providing such financing may require certain
Agreement interpretations and modifications and agrees upon request, from time
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• to time, to meet with OWNER and representatives of such lenders to negotiate in
good faith any such request for interpretation or modification. Subject to
compliance with applicable laws, CITY will not unreasonably withhold its consent
to any such requested interpretation or modification provided such interpretation
or modification is consistent with the intent and purposes of this Agreement. Any
Mortgagee of the Property shall be entitled to the following rights and privileges:
a. Neither entering into this Agreement nor a breach of this Agreement
shall defeat, render invalid, diminish or impair the lien of any
mortgage on the Property made in good faith and for value, unless
otherwise required by law.
b. The Mortgagee of any mortgage or deed of trust encumbering the
Property, or any part thereof, which Mortgagee, has submitted a
request in writing to the CITY in the manner specified herein for
giving notices, shall be entitled to receive written notification from
CITY of any default by OWNER in the performance of OWNER's
obligations under this Agreement.
C. If CITY timely receives a request from a Mortgagee requesting a
copy of any notice of default given to OWNER under the terms of
• this Agreement, CITY shall provide a copy of that notice to the
Mortgagee within ten (10) days of sending the notice of default to
OWNER. The mortgagee shall have the right, but not the obligation,
to cure the default during the remaining cure period allowed such
party under this Agreement.
d. Any Mortgagee who comes into possession of the Property, or any
part thereof, pursuant to foreclosure of the mortgage or deed of
trust, or deed in lieu of such foreclosure, shall take the Property, or
part thereof, subject to the terms of this Agreement. Notwithstanding
any other provision of this Agreement to the contrary, no Mortgagee
shall have an obligation or duty under this Agreement to perform any
of OWNER's obligations or other affirmative covenants of OWNER
hereunder, or to guarantee such performance; except that (i) to the
extent that any covenant to be performed by OWNER is a condition
precedent to the performance of a covenant by CITY, the
performance thereof shall continue to be a condition precedent to
CITY's performance hereunder, and (ii) in the event any Mortgagee
seeks to develop or use any portion of the Property acquired by such
Mortgagee by foreclosure, deed of trust, or deed in lieu of
foreclosure, such Mortgagee shall strictly comply with all of the
terms, conditions and requirements of this Agreement and the
• Development Plan applicable to the Property or such part thereof so
acquired by the Mortgagee.
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• 10. MISCELLANEOUS PROVISIONS.
10.1 Term of Agreement. Following completion of the annexation of the
Property, or any portion thereof, to the CITY within the preceding time
periods, this Agreement shall continue in full force and effect with respect to
such annexed land for a period of fifteen (15) years from the effective date
of that annexation.
10.2 Recordation of Agreement. This Agreement shall be recorded with the
County Recorder by the City Clerk upon annexation of the Property to CITY
within the period required by Section 65868.5 of the Government Code.
Similarly, amendments approved by the parties, and any cancellation, shall
also be recorded.
10.3 Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the parties, and there are no oral or
written representations, understandings or ancillary covenants,
undertakings or agreements which are not contained or expressly referred
to herein. No testimony or evidence of any such representations,
understandings or covenants shall be admissible in any proceeding of any
kind or nature to interpret or determine the terms or conditions of this
• Agreement.
10.4 Severability. If any term, provision, covenant or condition of this Agreement
shall be determined invalid, void or unenforceable, then this Agreement
shall terminate in its entirety, unless the parties otherwise agree in writing,
which agreement shall not be unreasonably withheld.
10.5 Interpretation and Governing Law. This Agreement and any dispute
arising hereunder shall be governed and interpreted in accordance with the
laws of the State of California. This Agreement shall be construed as a
whole according to its fair language and common meaning to achieve the
objectives and purposes of the parties hereto, and the rule of construction
to the effect that ambiguities are to be resolved against the drafting party or
in favor of CITY shall not be employed in interpreting this Agreement, all
parties having been represented by counsel in the negotiation and
preparation hereof.
10.6 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of
this Agreement.
• 10.7 Singular and Plural. As used herein, the singular of any word includes the
plural.
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10.8 Time of Essence. Time is of the essence in the performance of the
• provisions of this Agreement as to which time is an element.
10.9 Waiver. Failure of a party to insist upon the strict performance of any of
the provisions of this Agreement by the other party, or the failure by a party
to exercise its rights upon the default of the other party, shall not constitute
a waiver of such party's right to insist and demand strict compliance by the
other party with the terms of this Agreement thereafter.
10.10 Third Party Beneficiaries. This Agreement is made and entered into for
the sole protection and benefit for the parties and their successors and
assigns. No other person shall have any right of action based upon any
provision of this Agreement; provided, however, that the fee owners of any
non - residential parcels in the annexation area may elect to be covered by
this Agreement.
10.11 Force Majeure. 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 by earthquakes, other Acts of God, fires, wars, riots
or similar hostilities, strikes and other labor difficulties beyond the party's
control (including the party's employment force), government regulations,
court actions (such as restraining orders or injunctions), or other causes
• beyond the party's control. If any such events shall occur, the term of this
Agreement and the time for performance shall be extended for the duration
of each such event, provided that the term of this Agreement shall not be
extended under any circumstances for more than five (5) years.
10.12 Mutual Covenants. The covenants contained herein are mutual
covenants and also constitute conditions to the concurrent or subsequent
performance by the party benefited thereby of the covenants to be
performed hereunder by such benefited party.
10.13 Counterparts. This Agreement may be executed by the parties in
counterparts, which counterparts shall be construed together and have the
same effect as if all of the parties had executed the same instrument.
10.14 Jurisdiction and Venue. Any action at law or in equity arising under this
Agreement or brought by any party hereto for the purpose of enforcing,
construing or determining the validity of any provision of this Agreement
shall be filed and tried in the Superior Court of the County of Orange, State
of California, and the parties hereto waive all provisions of law providing for
the filing, removal or change of venue to any other court.
• 10.15 Project as a Private Undertaking. It is specifically understood and agreed
by and between the parties hereto that the Development of the Project is a
private Development, that neither party is acting as the agent of the other in
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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
OWNER is that of a government entity regulating the Development of
private property and the owner of such property.
10.16 Further Actions and Instruments. Each of the parties shall cooperate
with and provide reasonable assistance to the other to the extent
contemplated hereunder in the performance of all obligations under this
Agreement and the satisfaction of the conditions of this Agreement. Upon
the request of either party at any time, the other party shall promptly
execute, with acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings and take any actions as may
be reasonably necessary under the terms of this Agreement to carry out the
intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement. Subject to
Section 3 above, OWNER will cooperate with the CITY in the processing of
the annexation of the Project through the Local Agency Formation
Commission including advocating the application of the existing AB 8
Master Property Tax Transfer Agreement. OWNER acknowledges the
importance of maintaining the fiscal benefits of the Project assuming that
• the current method of allocating sales tax revenues (i.e., point of sale) is
utilized. OWNER will consult with the CITY regarding legislative proposals
to adjust this procedure with the goal of supporting CITY efforts to maintain
the fiscal benefits of the Project through the legislative process.
10.17 Eminent Domain. No provision of this Agreement shall be construed to
limit or restrict the exercise by CITY of its power of eminent domain.
10.18 Amendments in Writing /Cooperation. This Agreement may be amended
only by written consent of both parties specifically approving the
amendment and in accordance with the Government Code provisions for
the amendment of Development Agreements. The parties shall cooperate
in good faith with respect to any amendment proposed in order to clarify the
intent and application of this Agreement, and shall treat any such proposal
on its own merits, and not as a basis for the introduction of unrelated
matters.
10.19 Authority to Execute. The person or persons executing this Agreement
on behalf of OWNER warrants and represents that he /they have the
authority to execute this Agreement on behalf of his /their corporation,
partnership or business entity and warrants and represents that he /they
• has /have the authority to bind OWNER to the performance of its obligations
hereunder.
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10.20 Notice. All notices, demands, requests or approvals to be given under this
• Agreement shall be given in writing and conclusively shall be deemed
served when delivered personally or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first class mail,
addressed as hereinafter provided.
All notices, demands, requests or approvals to CITY shall be addressed to
CITY at:
City of Newport Beach
City Manager's Office
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, California, 92658 -8915
All notices, demands, requests or approvals to CITY shall be addressed to
OWER at:
Vice President of Entitlements
The Irvine Company
550 Newport Center Drive
Newport Beach, California, 92660
• IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first set forth above.
CITY: CITY OF NEWPORT BEACH
0
Mayor
ATTEST:
0
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
• By.
Robert H. Burnham, City Attorney
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• (SEAL)
•
•
OWNER:
THE IRVINE COMPANY
0
Title:
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• OWNER:
IRVINE COMMUNITY DEVELOPMENT
COMPANY
•
•
Title:
Title:
[ALL SIGNATURES SHALL BE NOTARIZED. EXECUTION ON BEHALF OF
ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.]
: \users\cat\shared\ Burnham \NewportCoast\DA \101800.doc 23
EXHIBIT A
ANNEXATION NO.
TO THE CITY OF NEWPORT BEACH
• "NEWPORT COAST"
BEING THOSE PORTIONS OF BLOCKS 91, 95 -98, 128 -134, 161 -164 OF IRVINE'S
SUBDIVISION AS SHOWN ON A MAP THEREOF FILED IN BOOK 1, PAGE 88 OF
MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN CURVE DESCRIBED
AS HAVING A RADIUS OF 2000.000 FEET AND A CENTRAL ANGLE OF 30 053'56" IN
THE EXISTING SOUTHWESTERLY BOUNDARY OF THE CITY OF IRVINE AS ESTABLISHED
BY THE "INCORPORATION" OF THE CITY OF IRVINE, SAID LINE BEING COMMON TO
ANNEXATION NO. 71, "HARBOR VIEWS HILLS - PHASE 3 ", RESOLUTION NO. 7311,
CERTIFIED NOVEMBER 30, 1970, TO THE CITY OF NEWPORT BEACH;
THENCE ALONG SAID EXISTING CITY BOUNDARY SOUTH 11 058'31" EAST 11.29 FEET
TO AN ANGLE POINT IN THE EXISTING CITY BOUNDARY AS ESTABLISHED BY
REORGANIZATION NO. RO 97 -04, "SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
ANNEXATION TO THE CITY OF IRVINE INCLUDING DETACHMENT OF TERRITORY FROM
THE CITY OF IRVINE ", SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF THAT
CERTAIN COURSE DESCRIBED AS "SOUTH 47 026'49" WEST 245.54 FEET" IN PARCEL 4
IRF SAID REORGANIZATION NO. 97 -04, SAID POINT BEING THE TRUE POINT OF
EGINNING:
THENCE CONTINUING ALONG THE EXISTING CITY BOUNDARY OF THE CITY OF NEWPORT
BEACH THE FOLLOWING COURSES,
ALONG SAID ANNEXATION NO. 71, "HARBOR VIEW HILLS - PHASE 3 ", THROUGH THEIR
VARIOUS COURSES IN A GENERAL SOUTHEASTERLY DIRECTION TO THE NORTHWESTERLY
TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 58 005'06" WEST 76.64
FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS
ESTABLISHED BY ANNEXATION NO. 80, "HARBOR VIEWS HILLS SECTOR 4 (NO. 81) ",
RESOLUTION NO. 8508, CERTIFIED JULY 18, 1977, TO THE CITY OF NEWPORT
BEACH;
THENCE LEAVING SAID ANNEXATION NO. 71, ALONG SAID ANNEXATION NO. 80,
"HARBOR VIEWS HILLS SECTOR 4 (NO. 81) ", THROUGH THEIR VARIOUS COURSES IN A
GENERAL SOUTHEASTERLY DIRECTION TO THE NORTHWESTERLY TERMINUS OF THAT
CERTAIN COURSE DESCRIBED AS "SOUTH 52 046'26" EAST 126.93 FEET" IN THE
EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY
ANNEXATION NO. 84, "HARBOR RIDGE ANNEXATION (NO. 89) ", RESOLUTION NO. 83-
242, CERTIFIED APRIL 18, 1983, TO THE CITY OF NEWPORT BEACH;
HENCE LEAVING SAID ANNEXATION NO. 80, ALONG SAID ANNEXATION NO. 84,
HARBOR RIDGE ANNEXATION (NO. 89) ", THROUGH THEIR VARIOUS COURSES IN A
GENERAL SOUTHERLY AND WESTERLY DIRECTION TO THE NORTHERLY TERMINUS OF THAT
LEG /1313ANNEX EXADOC (04119100) SH PAGE ] OF 6
CERTAIN COURSE DESCRIBED AS `SOUTH 0 000'17" EAST 310.13 FEET" IN THE
XISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY
NNEXATION NO. 81, "HARBOR RIDGE ANNEXATION (NO. 82) ", RESOLUTION NO.
9096, CERTIFIED JUNE 30, 1977, TO THE CITY OF NEWPORT BEACH;
THENCE LEAVING SAID ANNEXATION NO. 84, ALONG SAID ANNEXATION NO. 81,
"HARBOR RIDGE ANNEXATION (NO. 82) ", THROUGH THEIR VARIOUS COURSES IN A
GENERAL SOUTHERLY DIRECTION TO THE NORTHERLY TERMINUS OF THAT CERTAIN
COURSE DESCRIBED AS NNNORTH 15 018'07" WEST 276.97 FEET" IN THE EXISTING
EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY SAID
ANNEXATION NO. 71, "HARBOR VIEWS HILLS - PHASE 3 ", TO THE CITY OF NEWPORT
BEACH;
THENCE LEAVING SAID ANNEXATION NO. 81, ALONG SAID ANNEXATION NO. 71,
"HARBOR VIEWS HILLS - PHASE 3 ", THROUGH THEIR VARIOUS COURSES IN A GENERAL
SOUTHERLY AND WESTERLY DIRECTION TO THE NORTHERLY TERMINUS OF THAT CERTAIN
COURSE DESCRIBED AS "SOUTH 9 008'40" EAST 120.00 FEET" IN THE EXISTING
EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY
ANNEXATION NO. 75, "HARBOR VIEW HILLS PHASE 4 ", RESOLUTION NO. 7277,
CERTIFIED MARCH 18, 1971, TO THE CITY OF NEWPORT BEACH;
THENCE LEAVING SAID ANNEXATION NO. 71, ALONG SAID ANNEXATION NO. 75,
"HARBOR VIEW HILLS PHASE 411, THROUGH THEIR VARIOUS COURSES IN A GENERAL
�OUTHERLY DIRECTION TO A POINT DISTANCE THEREON SOUTH 49 023'25" EAST
156.29 FEET FROM THE NORTHERLY CORNER OF THE SOUTHEASTERLY ONE -HALF OF
SAID BLOCK 96, AS DESCRIBED IN ANNEXATION NO. 59, "PROPOSED ANNEXATION TO
THE CITY OF NEWPORT BEACH NO. 57 (CENTERVIEW ANNEXATION) ", RESOLUTION NO.
6247, CERTIFIED NOVEMBER 17, 1965 TO THE CITY OF NEWPORT BEACH;
THENCE LEAVING SAID ANNEXATION NO. 75, ALONG SAID ANNEXATION NO. 59,
"PROPOSED ANNEXATION TO THE CITY OF NEWPORT BEACH NO. 57 (CENTERVIEW
ANNEXATION) ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHWESTERLY
DIRECTION TO THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS
NNNORTH 1 046'30" EAST 166.20 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE
CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 48, "HARBOR VIEW ",
ORDINANCE NO. 896, CERTIFIED SEPTEMBER 21, 1959, TO THE CITY OF NEWPORT
BEACH;
THENCE LEAVING SAID ANNEXATION NO. 59, ALONG SAID ANNEXATION NO. 48,
"HARBOR VIEW ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHWESTERLY
DIRECTION TO THE MOST EASERLY CORNER OF "CORONA DEL MAR" TRACT NO. 673 AS
SHOWN ON A MAP THEREOF FILED IN BOOK 20, PAGES 17 AND 18 OF MISCELLANEOUS
RECORD MAPS IN THE OFFICE OF SAID COUNTY RECORDER, SAID EASTERLY CORNER
BEING IN THE BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY
ANNEXATION NO. 8, CITY BOUNDARY 1928 (COURT CASE NO. 23686) INCORPORATED
•SEPTEMBER 1, 1906;
LEG/1313ANNEX-EXA.DOC ("/19/00) SH PAGE 2 OF 6
THENCE LEAVING SAID ANNEXATION NO. 48, ALONG SAID ANNEXATION NO. 8 AS
HOWN ON SAID "CORONA DEL MAR" TRACT NO. 673, THROUGH THEIR VARIOUS
OURSES IN A GENERAL SOUTHWESTERLY DIRECTION TO THE WESTERLY TERMINUS OF
THAT CERTAIN COURSE DESCRIBED AS "SOUTH 79 000'00" EAST 318.00 FEET" IN THE
EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY
ANNEXATION NO. 18, "CORONA HIGHLANDS ", ORDINANCE NO. 585, CERTIFIED
JANUARY 12, 1949, TO THE CITY OF NEWPORT BEACH;
THENCE LEAVING SAID ANNEXATION NO. 8, ALONG SAID ANNEXATION NO. 18,
"CORONA HIGHLANDS ", THROUGH THEIR VARIOUS COURSES IN A GENERAL EASTERLY
DIRECTION TO THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED
AS "NORTH 59 025'00" WEST 32.83 FEET" IN THE EXISTING EASTERLY BOUNDARY OF
THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 87, "SEAWARD 17
ANNEXATION ", RESOLUTION NO. 93 -434, CERTIFIED AUGUST 27, 1993, TO THE CITY
OF NEWPORT BEACH;
THENCE LEAVING SAID ANNEXATION NO. 18, ALONG SAID ANNEXATION NO. 87,
"SEAWARD 17 ANNEXATION ", THROUGH THEIR VARIOUS COURSES IN A GENERAL
SOUTHEASTERLY DIRECTION TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN
COURSE DESCRIBED AS "NORTH 71 032'30" WEST 271.93 FEET" IN THE EXISTING
EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY
ANNEXATION NO. 49, "CAMEO HIGHLANDS ", ORDINANCE NO. 897, CERTIFIED
NOVEMBER 2, 1959, TO THE CITY OF NEWPORT BEACH;
WHENCE LEAVING SAID ANNEXATION NO. 87, ALONG SAID ANNEXATION NO. 49,
"CAMEO HIGHLANDS ", THROUGH THEIR VARIOUS COURSES IN A GENERAL
SOUTHEASTERLY DIRECTION TO THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN
COURSE DESCRIBED AS `NORTH 32 045'00" EAST 132.05 FEET" IN THE EXISTING
EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY
ANNEXATION NO. 82, "ANNEXATION NO. 84 ", RESOLUTION NO. 9208, CERTIFIED
NOVEMBER 29, 1977, TO THE CITY OF NEWPORT BEACH;
THENCE LEAVING SAID ANNEXATION NO. 49, ALONG SAID ANNEXATION NO. 82,
"ANNEXATION NO. 84 ", THROUGH THEIR VARIOUS COURSES IN A GENERAL
SOUTHEASTERLY DIRECTION TO A POINT DISTANCE THEREON NORTH 57 015'00" WEST
53.96 FEET FROM THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS "NORTH 57 015'00" WEST 647.00 FEET" IN THE EXISTING EASTERLY
BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY SAID ANNEXATION
NO. 49, "CAMEO HIGHLANDS ", TO THE CITY OF NEWPORT BEACH;
THENCE LEAVING SAID ANNEXATION NO. 82, ALONG SAID ANNEXATION NO. 49,
"CAMEO HIGHLAND ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY
AND SOUTHWESTERLY DIRECTION TO THE NORTHEASTERLY TERMINUS OF THAT CERTAIN
COURSE DESCRIBED AS "SOUTH 39 033'00" WEST 100.00 FEET" IN THE EXISTING
EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY
NNEXATION NO. 64, "ANNEXATION NO. 64 ", RESOLUTION NO. 7024, CERTIFIED
JULY 23, 1969, TO THE CITY OF NEWPORT BEACH;
LEG / 1313ANNEX_EXA.D0C(04 /19 /00)SH PAGE 3 OF 6
THENCE LEAVING SAID ANNEXATION NO. 49, ALONG SAID ANNEXATION NO. 64,
IRANNEXATION NO. 64 ", THROUGH THEIR VARIOUS COURSES IN A GENERAL
OUTHWESTERLY AND NORTHWESTERLY DIRECTION TO THE EASTERLY CORNER OF "CAMEO
CLIFFS" AND THE SOUTHEASTERLY LINE OF SAID BLOCK 95 IN THE EXISTING
EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY
ANNEXATION NO. 44, "CAMEO CLIFFS ", ORDINANCE NO. 843, CERTIFIED MAY 16,
1958, TO THE CITY OF NEWPORT BEACH;
THENCE LEAVING SAID ANNEXATION NO. 64, ALONG SAID ANNEXATION NO. 44,
"CAMEO CLIFFS ", THROUGH THEIR VAVIOUS COURSES IN A GENERAL SOUTHWESTERLY
DIRECTION AND COMMON TO SOUTHWESTERLY LINE OF SAID BLOCK 95 TO THE
WESTERLY TERMINUS OF THAT CERTAIN COURSE "NORTH 77 046'30" WEST 264.20
FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AND
BEING THE NORTHWESTERLY BOUNDARY OF "PARK PROPERTY" AS DESCRIBED IN PARCEL
1 PER CORPORATION GRANT DEED TO THE STATE OF CALIFORNIA ON FILE DECEMBER
19, 1979 IN BOOK 13439, PAGE 94 -132 IN THE OFFICE OF THE COUNTY RECORDER;
THENCE LEAVING SAID ANNEXATION NO. 44, AND SAID EXISTING CITY BOUNDARY OF
THE CITY OF NEWPORT BEACH
ALONG SAID "PARK PROPERTY" PARCEL 1 AND ALONG THE SOUTHWESTERLY RIGHT OF
WAY LINE OF PACIFIC COAST HIGHWAY, AS DESCRIBED IN BOOK 487 PAGE 1 OF
DEEDS IN THE OFFICE OF THE COUNTY RECORDER, THROUGH THEIR VARIOUS COURSES
N A GENERAL SOUTHEASTERLY DIRECTION TO A POINT DISTANT THEREON SOUTH
7 039'50" WEST 100.00 FEET FROM THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN
COURSE "NORTH 37 039'50" EAST 104.98 FEET" IN THE WESTERLY BOUNDARY OF
PARCEL 2 OF SAID "PARK PROPERTY ";
THENCE LEAVING SAID "PARK PROPERTY" PARCEL 1 AND THE SOUTHWESTERLY RIGHT
OF WAY LINE OF PACIFIC COAST HIGHWAY ALONG A LINE PERPENDICULAR TO SAID
SOUTHWESTERLY LINE NORTH 37 039'50 EAST 100.00 FEET TO A POINT IN THE
NORTHEASTERLY RIGHT OF WAY LINE OF SAID PACIFIC COAST HIGHWAY, SAID POINT
BEING THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE "NORTH 37 039'50"
EAST 104.98 FEET" IN THE WESTERLY BOUNDARY OF PARCEL 2 OF SAID "PARK
PROPERTY ";
THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY LINE ALONG THE
NORTHWESTERLY BOUNDARY LINE OF PARCEL 2 OF SAID "PARK PROPERTY ", THROUGH
THEIR VARIOUS COURSES IN A GENERAL NORTHEASTERLY DIRECTION TO THE
SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE "SOUTH 28 044'47" EAST 328.52
FEET" IN THE EXISTING WESTERLY BOUNDARY OF "PARK PROPERTY" AS DESCRIBED IN
CORPORATION GRANT DEED TO THE STATE OF CALIFORNIA RECORDED NOVEMBER 17,
1981 ON FILE IN BOOK 14292, PAGE 953 -965 IN THE OFFICE OF THE COUNTY
RECORDER;
THENCE LEAVING SAID "PARK PROPERTY" PARCEL 2, ALONG THE NORTHERLY BOUNDARY
INE "PARK PROPERTY" OF SAID CORPORATION GRANT DEED, THROUGH THEIR VARIOUS
COURSES IN A GENERAL NORTHEASTERLY DIRECTION TO THE NORTHWESTERLY TERMINUS
LEG11313ANNEX EXA.DOC (N /19NU) SH PAGE 4 OF 6
OF THAT CERTAIN COURSE "SOUTH 44 031'21" EAST 678.84 FEET" IN THE EXISTING
ASTERLY BOUNDARY OF "PARK PROPERTY" DESCRIBED AS "PARCEL 3" IN
ORPORATION GRANT DEED TO THE STATE OF CALIFORNIA RECORDED DECEMBER 19,
1979 ON FILE IN BOOK 13439 PAGE 94 -132 IN THE OFFICE OF THE COUNTY
RECORDER;
THENCE LEAVING SAID "PARK PROPERTY" ALONG THE EASTERLY BOUNDARY LINE OF
PARCEL 3 OF SAID "PARK PROPERTY" THROUGH THEIR VARIOUS COURSES IN A
GENERAL SOUTHEASTERLY DIRECTION TO THE SOUTHEASTERLY LINE OF BLOCK 161 OF
SAID IRVINE'S SUBDIVISION, THENCE LEAVING SAID EASTERLY BOUNDARY OF PARCEL
3 ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK 161 TO A POINT ON THAT
CERTAIN COURSE BEARING "NORTH 68 022'13" WEST 560.20 FEET" IN THE EXISTING
BOUNDARY OF "THE PROPERTY" DESCRIBED IN GRANT DEED TO THE CITY OF LAGUNA
BEACH RECORDED JUNE 27, 1991 AS DOCUMENT NUMBER 91- 330557 IN THE OFFICE OF
THE COUNTY RECORDER;
THENCE ALONG THE SOUTHERLY BOUNDARY OF "THE PROPERTY" OF SAID GRANT DEED,
THROUGH THEIR VARIOUS COURSES, IN A GENERAL NORTHWESTERLY DIRECTION TO A
POINT IN THE SOUTHEASTERLY BOUNDARY OF SAID CITY OF IRVINE AS ESTABLISHED
BY SAID REORGANIZATION NO. RO 97 -04 DISTANCE THEREON SOUTH 64 016'17" EAST
1370.61 FEET FROM THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS "NORTH 64 016'17" WEST 4468.85 FEET" IN THE CENTERLINE OF TR-
73 (SAN JOAQUIN HILLS TRANSPORTATION CORIDOR) AS DESCRIBED IN PARCEL 1 OF
&AID REORGANIZATION NO. RO 97 -04;
THENCE ALONG SAID CENTERLINE OF TR -73 THROUGH THEIR VARIOUS COURSES IN A
GENERAL NORTHWESTERLY DIRECTION AS DESCRIBED IN PARCELS 1 THROUGH 4 OF
SAID REORGANIZATION NO. RO 97 -04 TO THE CENTERLINE OF NEW FORD ROAD;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL 4 THROUGH THEIR
VARIOUS COURSES IN A GENERAL SOUTHWESTERLY DIRECTION TO THE TRUE POINT OF
BEGINNING.
CONTAINS 5,310 ACRES, MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF, IS A MAP DESIGNATED AS EXHIBIT
IN B"
THIS LEGAL DESCRIPTION WAS PREPARED BY ME, OR UNDER MY SUPERVISION ON
FEBRUARY 30, 1998.
a t u _ 4111100
•ARNOLD L. WHITE JR.,UPE /PLS 7430
LEGY1313ANNEX_EXADOC(MY19100) SH PAGE 5 OF 6
EXHIBIT .B
NEWPORT COAST & NEWPORT RIDGE
AREA C
QTY OF NEWPORT BEACH
W-
PACI d ®d®11/I%%
FIC
Crystal Cwe•State Park
OCEAN
\I
N
W �€ E
S
0.5 035 1 West
LEGEND
Annexation Areas (Proposed)
t�
Crystal Cove State Park
�•� »/
Newport Beach Boundary
OCEAN
\I
N
W �€ E
S
0.5 035 1 West
EXHIBIT
PLANNING AND ENVIRONMENTAL HISTORY
•
Date
Document
Action/Approval
Relationship to Proposed Project
1976-79
Irvine Coastal Community
Approved by the County; denied
Established a maximum residential build out for
General Plan Amendment
by the Californ ia Coastal
Irvine Coast of 12,000 DUs. Acted as County
Final EIR No. 134.
Commission (as LCP document)
General Plan and proposed as first coastal LCP to
Coastal Commission.
1982/
Irvine Coast Local Coastal
Approved by the County; certified
Established as first LCP far Irvine Coast
1983
Program 8044and Use
by the California Coastal
Maximum residential build out of 2,000 units,
Element Amendment 80-4;
Commission
provided other land uses, development policies,
Supplemental EIR No. 237,
and regulations. Determined Coastal Act
LCP Implementation Action
Consistency. For PA 3 (similar area to proposed
Plan.
project area) established maximum of 85 SF DUs.
PA14: 250 overnight accommodations and 25,000
square feet of related commercial uses.
19871
First Amendment to the Irvine
Approved by the County, and
Established a maximum residential build out of
1988
Coast Local Coastal Program
certified by the California Coastal
2,600 units, land uses, intensity of use,
Land Use Plan and
Commission
development policies, and regulations.
Implementing Ordinance for the
Determined Coastal Act consistency. Similar land
Irvine Coast Planning Unit
use designations and build out within proposed
project area as was approved in the 1982 LCP.
19881
FEIR No. 486, Irvine Coast
Certified by the County of
Serves as an implementing mechanism far the
1996
Planned Community
Orange
Irvine Coast LCP. Addressed impacts based on
Development Agreement
build out of project pursuant to the 1988 LCP and
Addendum for Development
Development Agreement
Agreement First Amendment
88
FEIR No. 485, Irvine Coast
Certified by the County of
Addressed environmental impact of backbone
Planned Community Master
Orange
infrastructure, roadways, and subdivision of 2,813
Coastal Development Permit
acres, evaluating 23 of 44 Master CDP land use
MCDP 88 -11P and Vesting A°
planning areas. EIR analysis included PAs 3A, 3B
Tentative Tract Map No. 13337.
and 14; addressed construction of Sand Canyon
Avenue through PAs 3A and 3B; partial widening
of PCH along The Irvine Company property;
construction of backbone drainage system as
recommended in the RMDRMP; construction
and/or relocation of master utilities and
construction of backbone domestic water storage
and distribution system and backbone wastewater
collection system. FEIR 485 did not address
specific development proposals for residential,
tourist commercial, or golf course development
Subsequent EIRs, in conjunction with subdivision
"B' maps and project Coastal Development
Permits, have addressed area s ecific proposals.
1989
Final EIR No. 511, Irvine Coast
Certified by the County of
valuated construction eve impacts far 11
Planned Community, Phase I.
Orange
individual projects (residential and golf course
uses) in addition to the realignment of Lower Loop
Road (now named Pelican Hill Road). Included
PAs 3A, 3B, 14. Proposed development in PAs
3A, 3B, and 14, as addressed in FEIR 511, was
low density (estate /custom lot) residential units.
FEIR 511 addressed the First Amendment to the
MCDP and the Second revised Vesting "A'
Tentative Tract map 13337. As part of the First
Amendment to the MCDP, planning area
boundaries, including those of 3A, 3B, and 14,
were adjusted from boundaries established in the
Date I Document Action /Approval Relationship to Proposed Pro)ect
original MCDP and LCP documents; and
development densities in PAs 3A and 3B were
changed from 0-2 du /ac as stated in the certified
LCP, to 0.3 du /ac in the MCDP First Amendment.
1989
Refined Master Drainage and
Approved by the County of
Recommended backbone drainage improvement
Runoff Management Plan
Orange
system for the NCPC. Drainage and
sedimentation control measures are included as
part of each subsequent development project
within the MCDP/NCPC, The RMDRMP
addressed facilities to mitigate increased peak
runoff volumes and rates due to planned
development. The RMDRMP is the master
improvement plan from which subsequent site
specific stone runoff management plans for NCPC
development areas are derived. Each
development project must engage a runoff
management system that will maintain post - project
flow rates to within ten percent of the pre -
developed condition, in accordance with the
certified LCP.
1994
Addendum to FEIR No. 511 -PA
Certified by the County of
Site Development Permit to allow mass grading in
940113 Site Development
Orange
PA 3A and for a borrow site (in PA 3B) in an area
Permi&Wshbone Hill Grading
previously analyzed for development.
1995
Mitigated Negative Declaration
Approved by the County of
Negative Declaration addressed potential
No. IP -95 -100, Transportation
Orange
environmental effects of deleting segments of
Element Amendment 95-1
Sand Canyon Avenue and San Joaquin Hills Road
from the County Master Plan of Arterial Highways
(MPAH). Most relevant to the proposed project,
NC Phase IV -2, the approval of the MPAH
amendments removed the master planned
segment of San Canyon Avenue from its existing
terminus just north of PCH to the San Joaquin Hills
Transportation Condor (SJHTC), and deleted the
then planned interchange of San Canyon Avenue
at the SJHTC. The removal of this planned
segment was the result of changes in future land
uses in the City of Irvine (PA 22) that would result
in more open space /less development and in
unincorporated Orange County property /Newport
CoastlNewport Ridge areas. Therefore, San
Canyon Avenue north of PCH has been changed
in name (application in review at County) to Crystal
Cove Drive, and will serve as a community
access /entry street rather than a County arterial.
The LCP Second Amendment further mod' ed the
1996
Second Amendment to the
Approved by the County of
Newport Coast Local Coastal
Orange, and certified by the
LCP by adjusting planning area boundaries and
Program Land Use Plan and
California Coastal Commission
open space boundaries adjacent to Crystal Cove
Implementing Ordinance for the
State Park to improve habitat connectivity; the
Newport Coast Planning Unit
Second Amendment increased the maximum
number of dwelling units allowed in undeveloped
planning areas to match the low end of density
ranges established by the land use categories
while maintaining the maximum allowed 2,600 total
dwelling units in the NCPC; technical revisions
were made to the LCP including name changes to
roads and planned communities.
1996
Natural Community
Certified by the County of
Addressed NCCPIHCP for CentrallCoastal Orange
Conservation Plan and Habitat
Orange, California Department of
County. Plan includes 37,000 acre reserve
Conservation Plan Joint
Fish and Game, and U.S. Fish
system, authorizes incidental take of coastal sage
Programmatic FEIR No.
and Wildlife Service
scrub, and provides regulatory coverage for 39
553IFEIS 96-26
individual species. The proposed project site is not
within the NCCP Reserve since the site was
master planned for development. Mitigation
measures prescribed in FEIR 511 and FEIR
553/FEIS 96 -26 (NCCP) pertain to project impacts
to coastal sage scrub and are applied in this EIR.
Date
Document
Action /Approval
Relationship to Proposed Project
1996
Addendum to Final EIR No.
Adopted by the County of
Addressed proposed amendments to the Central
553 for the County of Orange
Orange
and Coastal NCCP /HCP to reflect relevant
Central and Coastal Subregion
provisions of the Second Amendment to the
Natural Community
Newport Coast Local Coastal Program (LCP). The
Conservation Plan and Habitat
amendments to the NCCP /HCP included a)
Conservation Plan
revisions to the Coastal Subarea Reserve to reflect
new development and open space configurations
provided for in the LCP Second Amendment; b)
corresponding elimination of certain Special
Linkage Areas, and c) provisions for infrastructure
to be located in areas proposed to be added to the
Coastal Subarea Reserve. The amendments to
the Reserve System boundaries represent an
overall increase in total acreage of the Coastal
Subarea Reserve, and significant improvements in
wildlife connectivity within the Reserve System.
1997
Addendum PA 970046 to EIR
Certified by the County of
Addressed a modified development plan for one-
No. 511
Orange
half of Planning Area 3A, known as Development
Area (DA) 3A -1. The proposed project site is not
within DA 3A -1.
1997
Settlement Agreement between
Agreement has been executed.
Establishes maximum dwelling units by planning
The Irvine Company, Friends of
area and various other restrictions on
the Irvine Coast, Laguna
development, which are reflected in the proposed
Greenbelt, Inc., and Stop
project.
Polluting Our Newport
•
t. Wwm\c at\shaa:tlNumhamViewportwasflFXHC
1/
0
EXHIBIT D
SUMMARY OF COUNTY DEVELOPMENT APPROVALS
The Components of the Development Plan include:
A. Newport Coast Local Coastal Program Second Amendment: Approved by the
California Coastal Commission on October 10, 1996; Certified by the County of Orange
Board of Supervisors on December 3, 1996 (Resolution No. 96 -861 and Ordinance No.
096 - 3974); and Certified by the California Coastal Commission on January 21, 1997;
B. Newport Ridge Planned Community Program: Approved by the County of
Orange Board of Supervisors on March 17, 1998 (Resolution Nos. 98 -87 and 98 -88;
Ordinance No. 98 -3);
C. Newport Coast Master Coastal Development Permit Seventh Amendment (PA
970152): Approved by the County of Orange Planning Commission on July 21, 1998;
D. First Amendment to the Irvine Coast Development Agreement: Recorded April 2,
1997 (No. 19970149745); and
• E. Related secondary implementing approvals, permits and actions pursuant to and
consistent with the foregoing (e.g., subdivision maps, individual coastal development
Permits, grading Plan approvals and permits, etc.).
•
EXHIBIT E
MITIGATION MEASURES
We term Mitigation Measures includes, but is not limited to, the mitigation measures approved in
conjunction with the certification or approval of the following environmental and planning documents.
This Exhibit is for information only and does not constitute any modification or amendment or any
mitigation measure or condition adopted with reference to the Project. The environmental
documents listed in this Exhibit are on file in the Planning Department of the City of Newport Beach.
Irvine Coastal Community General Plan Amendment, Final EIR No. 134;
2. Irvine Coast Local Coastal Program 80 -4 1Land Use Element Amendment 80 -4; Supplemental
EIR No. 237; LCP Implementation Action Plan;
3. FEIR No. 486, Irvine Coast Planned Community Development Agreement. Addendum for
Development Agreement First Amendment
4. FEIR No. 485, Irvine Coast Planned Community Master Coastal Development Permit MCDP
88 -11P and Vesting "A" Tentative Tract Map No. 13337
5. Final EIR No. 511, Irvine Coast Planned Community, Phase I
6. Refined Master Drainage and Runoff Management Plan
W. Addendum to FEIR No. 511 -PA 940113 Site Development PermitAWishbone Hill Grading
8. Mitigated Negative Declaration No. IP -95 -100, Transportation Element Amendment 95 -1
9. Natural Community Conservation Plan and Habitat Conservation Plan Joint Programmatic
FEIR No. 553 /FEIS 96 -26
10. Second Amendment to the Newport Coast Local Coastal Program Land Use Plan and
Implementing Ordinance for the Newport Coast Planning Unit
11. Addendum to Final EIR No. 553 for the County of Orange Central and Coastal Subregion
Natural Community Conservation Plan and Habitat Conservation Plan
12. Addendum PA 970046 to EIR No. 511
C�
EXHIBIT F
•
AFFORDABLE HOUSING IMPLEMENTATION PLANS
The term Affordable Housing Implementation Plans refers to two plans prepared for the
Environmental Management Agency of the County of Orange. The plan for that portion of the
Property within the Coastal Zone - identified as the "Affordable Housing Implementation Plan - Irvine
Coast Planned Community" - was prepared by Affordable Housing Consultants and was approved
by the County on October 29, 1991.
The plan for the Newport Ridge - identified as the "Affordable Housing Implementation Plan — The
San Joaquin Hills Planned Community" - was prepared by FORMA and was approved by the
County on November 2, 1995.
These Affordable Housing Implementation Plans are available for public inspection in the Planning
Department of the City of Newport Beach during normal business hours.
•
CJ
•
0
J
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2000 -19 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th
day of October, 2000, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil and Mayor Noyes
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of October 2000.
(Seal)
Aa
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2000 -19 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: October 28, 2000.
In witness whereof, I have hereunto subscribed my name this day of
t
�G1,Ym�iC� 2000.
City Clerk
City of Newport Beach, California