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C-3174 - Annexation and Development Agreement Concerning Bonita Canyon (Development Agreement No. 11)
RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -1768 Recorded in the County of Orange, California L. Granville, Cl*rk f r 11111011f 111 /R�oNo Fee 19 99441665 1.38pm 16/16/99 005 1781S480 17 77 E06 88 8.00 261.00 0.60 0.00 0.00 0.00 Space above this line for Recorder's use only. ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN- CITY OF NEWPORT BEACH THE IRVINE COMPANY Wul IRVINE COMMUNITY DEVELOPMENT COMPANY CONCERNING BONITA CANYON HONITA CANYON AGIM MWT MOM �fj ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN CITY OF NEWPORT BEACH THE IRVINE COMPANY AND IRVINE COMMUNITY DEVELOPMENT COMPANY CONCERNING BONITA CANYON BONITA CANYON AGREEMENT 10/17/97 TABLE OF CONTENTS SECTION HEADING PAGE I DEFINITIONS AND EXHIBITS ... ............................... 3 1.1 Definitions ....... ............................... 3 1.1.1 "Agreement\ ... ............................... 3 1.1.2 "CITY\ ....... ..............................3 1.1.3 'Development,\ . ............................... 3 1.1.4 'Development Approvals\ ........................ 3 1.1.5 'Development Plan\ ............................. 4 1.1.6 'Development Requirement\ ....................... 4 1.1.7 "Effective Date\ ............................... 4 1.1.8 "Irvine\ ...... ............................... 4 1.1.9 "Irvine Development Approvals\ .................... 4 1.1.10 "Land Use Regulations\ ......................... 5 1.1.11 "OWNER\ ... ............................... 5 1.1.12 "Mortgagee\ .. ............................... 5 1.1.13 'Project\ ..... ............................... 5 1.1.14 'Property\ .... ............................... 5 1.1.15 "Reservation of Authority\ ....................... 5 1.1.16 "Subsequent Development Approvals\ ............... 6 1.1.17 "Subsequent Land Use Regulations\ ................. 6 1.1.18" Term\ ....... ..............................6 1.2 Exhibits ......... ............................... 6 2 GENERAL PROVISIONS ......... ..............................6 2.1 Binding Effect of Agreement ......................... 6 2.2 Ownership of Property ............................. 6 2.3 Assignment ....... ............................... 6 2.3.1 Right to Assign . ............................... 7 2.3.2 Release of Transferring Owner ..................... 7 2.3.3 Termination of Agreement With Respect to Indiv idual Lots Upon Sale to Public and Completion of Construction .... ............................... 7 3 PRE - ANNEXATION OBLIGATIONS AND COMMITMENTS ............. 7 3.1 Annexation of Property ............................ 7 3.2 Environmental Impacts and Mitigation ................. 8 3.3 Adoption of Development Plan ....................... 8 3.4 Continuation of Prior Development Approvals( Consistent Enforcement .......................... 8 BONITA CANYON AGREEMENT 10/17/97 1 0 3.5 Additional Pre- Annexation Understandings .............. 9 3.6 Cooperation ..... ............................... 10 3.7 Termination of Annexation Proceedings ............... 10 4 DEVELOPMENT OF THE PROPERTY UPON ANNEXATION AND ADOPTION OF THE DEVELOPMENT PLAN .............. 11 4.1 Rights to Develop . ............................... 11 4.2 Effect of Agreement on Land Use Regulations ........... 11 4.3 Subsequent Development Approvals .................. 11 4.4 Timing of Development ............................ 11 4.5 Changes and Amendments ......................... 12 4.6 Reservation of Authority ........................... 12 4.6.1 Limitations, Reservations and Exceptions ............. 12 4.6.2 Future Discretion of CITY ....................... 13 4.6.3 Modification or Suspension by State or Federal Law ......................... 13 4.6.4 Intent ....... ............................... 14 4.7 Regulation by Other Public Agencies ................. 14 4.8 Vesting Tentative Maps ........................... 14 5 FINANCING OF PUBLIC IMPROVEMENTS_ FOLLOWING ANNEXATION ...... ............................... 15 5.1 Formation of Financing Districts ..................... 15 5.2 OWNER's Right to Construct Facilities ............... 15 5.3 Provision of Real Property Interests by CITY ........... 15 6 REVIEW FOR COMPLIANCE FOLLOWING ANNEXATION ........... 16 6.1 Periodic Review .. ............................... 16 6.2 Special Review .................................. 16 6.3 Procedure ....... ............................... 17 6.4. Certificate of Agreement Compliance ................. 17 7 DEFAULT AND REMEDIES .... ............................... 17 7.1 Specific Performance Available . ............................... 17 7.2 Restitution of Improper Development Fees ....................... 18 7.3 Termination of Agreement .... ............................... 18 7.3.1 Termination of Agreement for Default of OWNER ................ 18 7.3.2 Termination of Agreement for Default of CITY .................. 18 7.3.3 Rights and Duties Following Termination ...................... 19 7.4 OWNER's Right To Terminate Upon Specified Events .............. 19 BONITA CANYON AGREEMENT 10/17/97 2 • • 8 THIRD PARTY LITIGATION .... ............................ .I.. 19 9 MORTGAGEE PROTECTION ... ............................... 20 10 MISCELLANEOUS PROVISIONS ............................... 21 10.1 Term of Agreement ............................. 21 10.2 Recordation of Agreement ........................ 21 10.3 Entire Agreement .............................. 21 10.4 Severability .... ............................... 21 10.5 Interpretation and Governing Law .................. 22 10.6 Section Headings ............................... 22 10.7 Singular and Plural ............................. 22 10.8 Time of Essence . ............................... 22 10.9 Waiver ....... ............................... 22 10.10 No Third Party Beneficiaries ..................... 22 10.11 Force Majeure . ............................... 22 10.12 Mutual Covenants ............................. 23 10.13 Successors in Interest ........................... 23 10.14 Counterparts .. ............................... 23 10.15 Jurisdiction and Venue ......................... 23 10.16 Project as a Private Undertaking .................. 23 10.17 Further Actions and Instruments .................. 23 10.18 Eminent Domain .............................. 24 10.19 Amendments in Writing/Cooperation ............... 24 10.20 Authority to Execute ........................... 24 BONITA CANYON AGREEMENT 10117(97 3 0 • ANNEXATION AND DEVELOPMENT AGREEMENT This Annexation and Development Agreement (hereinafter "Agreement ") is entered into effective as of December 10, 1997, (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 all of the real property ( "Property ") described on Exhibit "A" and depicted on Exhibit "B," consisting of approximately two hundred eighty (280) acres. B. The Property is currently in the City of Irvine ( "Irvine "). OWNER has obtained development approvals for the Property from Irvine, and has commenced subdivision and development of the Property under the jurisdiction of Irvine. However, Irvine and CITY have discussed detachment of the Property from Irvine, and the annexation of the Property to CITY. C. CITY and OWNER have discussed the process and terms and conditions of a detachment of the Property from Irvine and annexation to CITY, and each determined that it is in their respective best interests to pursue that detachment/annexation pursuant to the terms of this Agreement. D. 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. OWNER has therefore asked and CITY has agreed that this Agreement shall also serve as a Development Agreement to become effective upon annexation of the Property to CITY. E. 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, the same will be consistent with the City's General Plan and with Newport Beach Municipal Code Chapter 15.45. BONITA CANYON AGREEMENT 10/17/97 2 • COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, 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 Development Agreement. 1.1.2 "CITY" means the City of Newport Beach, a California charter city. 1.1.3 '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. "Development" also includes the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement, landscaping or facility after the construction and completion thereof. 1.1.4 'Development Approvals" means all permits, licenses, consents, rights and privileges, and other actions subject to approval or issuance by Irvine or CITY in connection with Development of the Property, including but not limited to: (a) General plans and general plan amendments; (b) . Specific plans and specific plan amendments; (c) Zoning and rezoning; BONITA CANYON AGREEMENT 10/17/97 3 • • (d) Tentative and final subdivision and parcel maps; (e) Variances, conditional use permits, master plans, public use permits and plot plans; and (f) Grading and building permits. 1.1.5 '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 Irvine Development Approvals. Following annexation of the Property by CITY, 'Development Plan" shall mean the plan for Development of the Property to be adopted by CITY prior to annexation of the Property, as set forth in Paragraph 3.3 below. A copy of the planning and zoning components of the Development Plan that have been adopted by CITY concurrently with this Agreement are attached as Exhibit 'D." 1.1.6 'Development Requirement' means any requirement of CITY in connection with or pursuant to any Development Approval for the dedication of land, the construction or improvement of public facilities, or the payment of fees or assessments in order to lessen, offset, mitigate or compensate for the impacts of Development on the environment or other public interest. 1.1.7 "Effective Date" means the date this Agreement is recorded with the County Recorder. 1.1.8 "Irvine" means the City of Irvine, a California charter city. 1.1.9 "Irvine Development Approvals" means those Development Approvals for the Project approved or otherwise made or issued by Irvine prior to the date of completion of the annexation of the Property by CITY, including (without limitation) the Development Approvals listed on Exhibit "C." 1.1.10 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing Development and use of land, 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 BONITA CANYON AGREEMENT 10/17/97 4 • ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; . (b) 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; (e) the exercise of the power of eminent domain; and (f) the amount of processing fees or Development impact fees. 1.1.11 "OWNER" means The Irvine Company and, where appropriate in context, its successors in interest to all or any part of the Property. 1.1.12 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security- device lender and their successors and assigns. 1.1.13 'Project" means the Development of the Property consistent with the Development Plan. 1.1.14 'Property" means the real property described in Exhibit "A" and shown on Exhibit 'B" to this Agreement. 1.1.15 'Reservation of Authority" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 4.6 of this Agreement. 1.1.16 "Subsequent Development Approvals" means all Development Approvals subsequent to the Effective Date in connection with Development of the Property. 1.1.17 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement, other than the Development Plan. 1.1.18 "Term" shall mean the period of time from the Effective Date until the termination of this Agreement as provided in subsection 10.1, BONITA CANYON AGREEMENT 10/17/97 5 • • 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" 2 GENERAL PROVISIONS. Legal Description of the Property. Map showing Property and its location. List of Irvine Development Approvals CITY Planning and Zoning Mitigation Measures 2.1 Binding Effect of Agreement. From and following the later to occur of (a) the Effective Date or (b) annexation of the Property to CITY, Development of the Property and CITY actions on applications for Development Approvals respecting the Property shall be subject to the terms and provisions of this Agreement. 2.2 Ownership of Property. OWNER represents and covenants that it is the owner of the fee simple title to the Property. 2.3 Assignment. 2.3.1 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 seg.), 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 tern of this Agreement. 2.3.2 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 this Agreement that relate to the portion of the Property being transferred are assumed by and enforceable against the transferee. BONITA CANYON AGREEMENT 10/17/97 6 • 2.3.3 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement upon satisfaction of both of the following conditions: (a) The 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 final inspection has been conducted and approved.for all structures on the lot. 3 PRE - ANNEXATION OBLIGATIONS AND COMMITMENTS. 3.1 Annexation of Property. Consistent with and subject to all of the covenants, terms and conditions of this Agreement, including without limitation paragraph 10.1 below, CITY will initiate proceedings under the Cortese -Knox Local Government Reorganization Act of 1985 for the detachment of the Property from Irvine and annexation of the Property to CITY, and take such subsequent actions as may be reasonably required of it to . complete the detachment/annexation of the Property under such conditions as are imposed .by or through the Orange County Local .Agency Formation Commission and reasonably acceptable to OWNER and CITY. The detachment/annexation may include other property not owned by COMPANY within the area generally bounded by Ford Road, the San Joaquin Hills Transportation Corridor, and MacArthur Boulevard. 3.2 Environmental Impacts and Mitigation. The parties acknowledge that an Environmental Impact Report, State Clearinghouse Number 95091032 (the "EIR "), has been prepared and certified for the Project by Irvine. CITY has reviewed and evaluated the EIR 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 in the EIR and to determine if any of the events which 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 Irvine and the annexation of the Property to CITY does 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 Exhibit "E," there is no current or BONITA CANYON AGREEMENT 10117M 7 anticipated deficiency in any municipal service or facility (including without limitation planned community and neighborhood parks, sewer service, drainage and flood control facilities, circulation system infrastructure, water service, and public safety services) resulting from Development of the Project. The mitigation measures identified in Exhibit "E" are incorporated by reference into the Development Plan. CITY shall be bound by the provisions of Section 4.6.4 below with respect to any deficiency determined to exist subsequent to the effective date of this Agreement. 3.3 Adoption of Development Plan. As a condition precedent to completion of annexation of the Property, CITY agrees that it shall first have processed for adoption, and adopted, a Development Plan for the Property in form and substance approved by OWNER in writing, which approval shall not be withheld if the Development Plan adopted by CITY conforms in substance to the Irvine Development Approvals. OWNER hereby approves the planning and zoning approvals attached as Exhibit "D." 3.4 Continuation of Prior Development Approvals/ Consistent Enforcement. CITY agrees that, except for general and specific plans and zoning to be adopted by CITY as provided in Section 3.3 above, any and all Development Approvals given for the Project by Irvine prior to the annexation of the Property shall continue in full force and effect following annexation of the Property as if the same had been given by CITY immediately following the annexation. In order to provide for consistent enforcement and interpretation of the Development Approvals, CITY agrees to accept and follow Irvine's interpretation of uniform codes applicable to the project for Development Approvals issued by Irvine prior to annexation, to direct its building inspectors to inspect buildings and improvements in the Project for conformance with approved plans only, and to direct its building inspectors not to require any deviations from approved plans in inspections of buildings and improvements in the Project. CITY acknowledges that provisions of the Uniform Codes and the Newport Beach Municipal Code do not and shall not require windows in the second and third stories of residential buildings to be more than thirty (30) inches above floor level. CITY hereby empowers its City Manager to further waive strict enforcement of CITY requirements as necessary to achieve consistency in standards for the Project with the standards imposed by Irvine. 3.5 Additional Pre - Annexation Understandings. As a further inducement to OWNER to permit the annexation of the Property to CITY, CITY agrees that, as of the date of its approval of this Agreement, the potential adverse environmental effects of the Project known to CITY are as set forth in the EIR, and CITY is unaware of any other anticipated adverse environmental effects of the Project. BONITA CANYON AGREEMENT 10/17/97 8 • i City has reviewed the Affordable Housing Implementation Plan for Planning Area 26 dated May 1997, which has been submnitted to the Irvine, and acknowledges that it satisfies affordable housing requirements that would otherwise be applicable to the Project pursuant to the CITY's General Plan. Fees payable upon issuance of a building permit will be paid to the issuer of the permit (e.g., for permits issued by Irvine, the fees shall be paid to Irvine in accordance with Irvine Codes and requirements, and following annexation, for permits issued by CITY, the fees shall be paid to CITY in accordance with CITY's Codes and requirements). CITY further agrees that the Project shall not be subject to its Traffic Phasing Ordinance following annexation of the Property, CITY having determined through this Agreement that: a. Development of the Property consistent . with the Development Plan within the CITY has benefits to it that outweigh the project's anticipated negative impact on transportation facilities, particularly recognizing that but for this Agreement the Project would be developed in Irvine and not be subject to the Traffic Phasing Ordinance; and, additionally, b. the Development Plan is a comprehensive phased land use development plan and circulation system improvement plan providing for, among other improvements, widening of Bonita Canyon Road, Bison Road and MacArthur Boulevard within or adjacent to the Project, traffic projected from the Project will not make the Land Use and Circulation Elements of CITY's General Plan inconsistent, based upon the EIR the Project will not cause nor make worse an unsatisfactory level of traffic service at any intersection for which there is a feasible identified improvement, and there is an overall reduction in peak hour ICU at impacted intersections having unsatisfactory levels of service taking into account the circulation improvements required for the Project. Notwithstanding anything in the foregoing to the contrary, any significant modifications of the Development Plan proposed by OWNER shall be subject to the Traffic Phasing Ordinance. 3.6 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. OWNER and CITY further agree to cooperate with respect to (a) obtaining the consents of other landowners whose land may be included in any proposed annexation of the Property to the CITY, and (b) BONITA CANYON AGREEMENT 10/17/97 9 • • providing for the orderly transfer of jurisdiction over Development Approvals from Irvine to CITY in such a way that there is no duplication of effort between those two jurisdictions, nor delay in processing by reason of the annexation, and (c) completing the annexation and subdivision and Development contemplated by this Agreement. 3.7 Termination of Annexation Proceedings. This Agreement may be terminated (i) by OWNER in the event that CITY fails to adopt Development Plan for the Property that substantially conforms with the requirements of Paragraph 3.3 above prior to the first hearing by the Orange County Local Agency Formation Commission on the Property's proposed detachment/annexation to CITY, (ii) by either parry if conditions imposed by or through the Local Agency Formation Commission on the detachment/annexation are determined by either party to be unreasonable, (iii) by CITY if an acceptable property tax exchange and sales tax allocation agreement is not obtained with Irvine, or (iv) annexation is not completed by October 30, 1998, unless extended by mutual consent of the parties. 4 DEVELOPMENT OF THE PROPERTY UPON ANNEXATION AND ADOPTION OF THE DEVELOPMENT PLAN. 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 Irvine 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. 4.3 Subsequent Development Approvals. CITY shall accept for expeditious processing, review and action all applications for Subsequent Development Approvals, and such applications shall .be processed in the normal manner for processing such matters, for all or a portion of the Property at OWNER's option. The CITY further agrees that, unless otherwise requested by OWNER or as authorized by this Agreement, it shall not amend or rescind any Subsequent Development Approvals respecting the Property after such BONITA CANYON AGREEMENT 10/17/97 10 • • approvals have been granted by the CITY, and that pursuant to Section 66452.6 (a) of the California Government Code, any tentative subdivision map approved for the Property, or any portion thereof, shall also be extended for a period equal to the Term of this Agreement. 4.4 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 which 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 therein 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. 4.5 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 prior Development Approvals or the Development Plan to effectuate such change, and CITY shall process and act on such application notwithstanding anything in this Agreement that may be to the contrary. CITY shall have no obligation to grant any such application by OWNER that modifies the overall intensity or density of Development, or otherwise is a substantial modification of the Development Plan having significant adverse environmental impacts. 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. 4.6 Reservation of Authority. 4.6.1 Limitations, Reservations and Exceptions. Notwithstanding any BONITA CANYON AGREEMENT 10/17/97 11 • • other provision of this Agreement, except as may be specifically provided in Exhibit "D," the following Subsequent Land Use Regulations shall apply to the Development of the Property: (a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations not inconsistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure. (c) Changes adopted by the International Conference of Building Officials as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, and also adopted by CITY as Subsequent Land Use Regulations. (d) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed consistent with Section 4.6.4 below so as to provide OWNER with the rights and assurances provided under this Agreement. (e) Regulations which are not in conflict with the Development Plan and this Agreement. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of Development of the Property, or attempting to assess any additional fees or taxes on Development of the Property, or imposing architectural or landscaping requirements or reviews, shall be deemed to conflict with the Development Plan and this Agreement and shall therefore not be applicable to Development of the Property. (f) Regulations which are in conflict with the Development Plan provided OWNER has given written consent to the application of such regulations to Development of Property. (g) Federal and State laws and regulations which CITY is BONITA CANYON AGREEMENT 10/17197 12 0 required to enforce as against the Property or the Development of the Property. 4.6.2 Future Discretion of CITY. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. 4.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. 4.6.4 Intent. The CITY acknowledges that OWNER has reasonably entered into this Agreement and will proceed with the Project on the assumption that CITY has adequately provided for the public health, safety and welfare through the Land Use Regulations in effect as of the annexation of the Property to CITY. In the event that any future, unforeseen public health or safety emergency arises, CITY agrees that it shall attempt to address such emergency in such a way as not to impact Development of the Property in accordance with the Development Plan, and if that is not possible, to select that option for addressing the emergency which has the least adverse impact on Development of the Property in accordance with the Development Plan. CITY specifically also agrees that it will not adopt any Development moratorium applicable to the Property except as a last resort response to such an emergency, and then shall maintain any such moratorium with respect to the Property only for so long as required for the CITY to address the emergency in such a way as to permit the Project to be completed according to OWNER'S timetable. 4.7 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by CITY possess authority to regulate aspects of the Development of the Property, and this BONITA CANYON AGREEMENT 10/17/97 13 • • Agreement does not limit the authority of such other public agencies. 4.8 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with Development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seq.), and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to OWNER, then and to that extent the rights and protection afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, Development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 5 FINANCING OF PUBLIC IMPROVEMENTS FOLLOWING 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 for those purposes, 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. 5.2 OWNER's Right to Construct Facilities. It is understood and agreed that, subject to CITY review and approval of plans and specifications, 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. Additionally, subject to CITY review and approval of plans and specifications, OWNER may elect, and reserves the right, to construct or cause the construction of any public or quasi- public facility for BONITA CANYON AGREEMENT 10/17/97 14 • • which the CITY intends to form a CFD, in which case the CFD shall be formed for purposes of acquiring rather than constructing such public facilities, subject to the provisions of Section 5.1 above. 5.3 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, CITY shall first have acquired the necessary real property interests to allow OWNER to construct such public improvements. Costs associated with such acquisition or condemnation proceedings, if any, shall be OWNER's responsibility, and may be included in the district on a fair share basis. 5.4 Joint Powers Agreement With Newport Mesa Unified School District/ Acquisition of Land For Parks /Schools. CITY agrees to cooperate with the Newport Mesa Unified School District ( "NMUSD ") to form a joint powers authority for the. formation of a CFD for the purposes, among other things, of acquiring all of that land in the Property owned by OWNER southerly of Bonita Canyon Road and zoned for residential development, as well as that area known as Freeway Reservation North. Such land is to be acquired for school and/or park purposes (consisting of the land south of Bonita Canyon Road and east of Buffalo), or for park and open space purposes (consisting of the land south of Bonita Canyon Road and west of Buffalo). The land to be acquired pursuant to the joint powers authority and CFD is to be acquired at fair market value, appraised for residential purposes consistent with the zoning for the land designated for acquisition. OWNER agrees to cooperate in the formation of the CFD and the sale of such land for school and/or park purposes. Freeway Reservation North is currently included in and subject to a lien for special taxes of the " CIOSA" CFD formed by CITY in anticipation of its development for residential purposes. CITY shall be responsible for removing the lien for special taxes of the CIOSA CFD from Freeway Reservation North upon or pior to its acquisition for park purposes. 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 BONITA CANYON AGREEMENT 10/17/97 15 • • 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 grounds therefor and all facts demonstrating such non - compliance. The party receiving a Notice of Non - Compliance shall have thirty (30) days to respond in writing to said Notice. If the response to the Notice of Non - Compliance has not been received in the offices of the party alleging the default within the prescribed time period, 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 thereupon 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 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 BONITA CANYON AGREEMENT 10/17/97 16 • 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 portions hereof. OWNER and CITY have invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of 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 not 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 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 for any failure of OWNER to perform any material duty or obligation of OWNER hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default'); provided, however, CITY may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 6.3 and thereafter providing written notice to OWNER of the - default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 30 days after the effective date of BONITA CANYON AGREEMENT 10/17/97 17 • • such notice or, in the event that such default cannot be cured within such 30 day period but can be cured within a longer time, as reasonably determined by the CITY. in its sole discretion, OWNER has failed to commence the actions necessary to cure such default within such 30 day period and to diligently proceed to complete such actions and cure such default. 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 and only after following the procedure set forth in Section 6.3 and thereafter providing written notice by OWNER thereof to CITY and, where the default can be cured, the failure of CITY to cure such default within 30 days after the effective date of such notice or, in the event that such default cannot be cured within such 30 day period, the failure of CITY to commence to cure such default within such 30 day period and to diligently proceed to complete such actions and to cure such default. 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, or (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination. 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 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 by the CITY or other governmental entity as conditions to future discretionary approvals of the Project consistent with this Agreement, the CITY's exercise of its Reserved Authority in a way deemed by OWNER to be inconsistent with the Development Plan, or similar factors. In the event OWNER exercises this right, it shall nonetheless be responsible for mitigation of impacts to CITY resulting from Development that may have occurred on the Property prior to the notice of termination, on a fair share or nexus basis, and within the thirty (30) day notice period CITY and OWNER shall meet to identify any such mitigation obligation that may remain to be satisfied. If the parties are in disagreement at the end of the thirty (30) day notice period, the Agreement shall be terminated as to all matters except for the remaining mitigation BONITA CANYON AGREEMENT 10/I7197 18 • • obligation in dispute, and with respect thereto the parties shall have the remedies provided in Section 7. 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 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 BONITA CANYON AGREEMENT 10/17197 19 • • 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. 10 MISCELLANEOUS PROVISIONS. 10.1 Term of Agreement. In the event that, despite its best efforts, the CITY is unable to complete the annexation of the Property on or before October 30, 1998, then this Agreement shall terminate and be of no further force and effect as to any portions of the Property then not annexed to the CITY, except that the running of this time period shall be tolled during the pendency of any litigation that has as the relief sought or as its practical effect the prevention of the annexation proceedings from being successfully completed, but in no event longer than five years. 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 twenty (20) 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. BONITA CANYON AGREEMENT 10/17/97 20 • • 10.4 Severability. Except as provided in section 4.6.3, 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. 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 parry, or the failure by a party to exercise its rights upon the default of the other parry, 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 No 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. 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 parry'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, BONITA CANYON AGREEMENT 10/PM 21 • provided that the tern 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 parry. 10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to Development of the Property: (a) is for the benefit of and is a burden upon the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14 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. 10.15 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. 10.16 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 parry 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 OWNER is that of a government entity regulating the Development of private property and the owner of such property. 10.17 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 parry at any time, tfie other party shall promptly execute, with acknowledgment BONITA CANYON AGREEMENT 10117/97 22 • • 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. 10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the. exercise by CITY of its power of eminent domain. 10.19 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. 10.20 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. BONITA CANYON AGREEMENT 10/17/97 23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. ATTEST: ( City Cle k APPR ' D AS TO FORM: By r, ' tZe City Attorney (SEAL) . R .<., .. CI1 By N OWNER: THE IRVINE COMPANY By Executive Vice President Title The Irvine Comfy B DANIEL C. HEDIGA Title ASSISTANT SECRETARY OWNER: IRVINE COMMUNITY DEVELOPMENT COMPANY By JOSEPH d: DAVIS Title President, Chief Executive Officer Irvine Community Development Company c B DANIEL C. HEDIG Title ASSISTANT SECRETARY [ALL SIGNATURES SHALL BE NOTARIZED. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.] BONITA CANYON AGREEMENT 10/17/97 24 Ci+LIFORNIA ALL-PURPM—+CKNOWLEDGMENT State of jU (l^-�� County of C On �— I before me, DATE Q�3 NA E. ISLE OF OFFICER - E.G.. "JA E DOE. NOTARY :)personally appeared yyo- NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the bsis of satisfactory evidence to be the persona whose nameis are subscribed to the within Instrument and ac- knowledged to me that Ee)/he/they executed °E 329 r the same in hi /her/their authorized capacity(I and that by hi her/their signatureAon the instrument the personK, or the entity upon behalf of which the persona acted, executed the instrument. WITNESS my hand and official seal. SIG fSPTURE OF NOTARY �� OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TIT E R TYPE OF WCUMENT 1 NUMBER OF PAGES �- --vz) - 0111 DATE OF DOCUMENT �) G� -'-0 / to �� - SIGNER(S) OTHER THAN NAM ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOS.- ACKNOWLEDGMENT No. 5907 State of,C County of V sQ� n ' 0 On ` � `"� — � before me, / U , DATE y� ME, ITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUB personally appeared G --C V�_ ) NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(( whose name(are subscribed to the within instrument and ac- knowledged to me that WAphWthVy executed the same in his/ e /their authorized capacityi)C and that by his/ er their R signature on the instrument the person(, oNor i = or the entity upon behalf of which the nrarlgeGOUnty person( acted, executed the instrument. WITNESS my hand and official seal. GN TURI OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT VJ` T LE OR TYPE OF D UMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NA ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 L STATE OF CALIFORNIA ss. COUNTY OF ORANGE On July��, 1998, before m� &4BLR�, a Notary Public in and for said State, personally appeared Joseph D. Davis, Executive Vice President, and Daniel C. Hedigan, Assistant Secretary, 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 signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary b c in an or said County and State STATE OF CALIFORNIA M COUNTY OF ORANGE TERRY J. HALPERN Commisslon # 1073347 Z Z S: <� 4 Notary Public — Californiay Orange County — My Gomm. Expires Oct i, 1999 On July%S, 1998, before me e , a Notary Public in and for said State, personally appeared Joseph D. Davis, President and Chief Executive Officer, and Daniel C. Hedigan, Assistant Secretary, 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 signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Nota bl' in and Wsaid County and State TERRY I on HA3r.RN Commissl# 1073347 Z a Notary Public — Callfomla D Z Notary County — Comm. Expires Oct 1, 1999 • E)MBIT "A" • Legal Description of the Property ROBERT REIN, WILLIAM FROST a 4330CIAT13' 29725 Aiten Parkway Irvine, California 92110 Revised February 13, 1998 Blocks; 5750,6353 November 6, 1997 5460,5451 JN 33985 -04 Modules: Various EXHIBIT "A" Page i of 3 i.EGAL DESCRIPTION REORGANIZATION NO. RO 97.35 (BOHITA CANYON ANKIYATION TO THE CITY OF NEWPORT IEACN AND DETACHMENT OF THE SAME TERRITORY FROM THE CITY OF IRVINE) Being those portions of Blacks 50, $1, 55, 57, 5a, 91 and 92 of Irvine's subdivision as shown on a map thereof filed in Book 1, Page 66 of Miscellaneous Record Magi in the Office of the County Recorder of the county of Orange, State of California, described as follows; JE61KNING at the northeasterly terminus of that certain curve described as having a radius of 2000.00 feet and A central angle of 30153185" in the existing southwesterly boundary of the City of Irvine As established by the "Incorporationv of the City of Irvine; Thence along said existing city boundary South 112$8171" East 11.29 feet to an angle point in the existing city boundary as established by Reorganisation 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 angle point being the northwesterly terminus of the course described as "South 11069131" East 321.02 feet" in sold Reorganisation No. 97 -041 Thence along said existing city boundary as described in Parcel 4 of Said Reorganization Ho. RO 97.04 in a general northeasterly direction through the various courses to the centerline of TA-73 (San Joaquin stills Transportation Carridar)i Thence leaving said existing city boundary, along said centerline of TA-73 through the fallowing cdursasi North 69.94123" West 2092.48 feet to the. beginning of A tangent curve concave northeasterly and having a radius of 3064.18 feet; Thence along said curve northwesterly 1062.93 feet through a central angle of 20 914157 "1 Thence tangent from said curve North 49109126" west 1517.75 feet to the beginning of a tangent curve concave northeasterly and having a radius of 4000.23 feet; Thence along said curve northwesterly 2277.10 feet through a "central angle of 32.38165" to a non - tangent intersection with a curve concave westerly and having a radius of 1951.12 feet, said curve being concentric with and 49.6o feet westsm y from a curve having a radius of 2000,12 feet in the • Hobart vein. William Frost a Associates Aoorg4niaation No. AO 97 -39 (Bonita Canyon Annexation to the City of Newport Beach and Detachment Of the Same Territory from the City of Irvine) • Revised February 13, 1993 November 5, 1997 4N 33983-02 Page 2 of 3 centerline of New MacArthur Boulevard, a radial line of said curve from avid intersection bears North 75.081030 Wait; Thence leaving said centerline of TA -739 along said concentric curve northerly 855.33 fact through a central angle of 25.07'03'; Thence tangent from said curve North 10'15121" West 60.14 feet; thence South 79'&4138" West 97.00 fact; thence North 04920132' West 397.94 feet to a line parallel with and 65.00 feet westerly from said centerline of Now Mae Arthur Boulevard; thence along a line parallel and /or concentric with said centerline through the following aoursos; North 10'16121" West 144.30 feet to the beginning of a tangent curve eoncava easterly and having a radius of 2065.12 feet; thence along said curve northerly 665.37 feet through a central angle of 18027 37"; thence tangent from said curve North 08'12116" East 224.62 feet to the beginning of a non- tangent curve concave westerly and having a radius of 2441.60 feet, a radial line of said Curve from said point bears North 80052130" 'Nast; thence leaving said parallel and/or concentric line, along said curve northerly 742.69 feat through a central angle of 17025'42° t0 the non- tangent intersection with A curve in the westerly right - of -way line of New Mac Arthur Boulevard, said curve being concave westerly and having 4 radius of 2447.16 feet, a radial tine of said curve from said point bears South 80046131" West; thence along said westerly right -of -way line through the following courses; along said curve northerly 665.12 foot through,4 central angle of 16 002'26°; Thence tangent from said Curve North 259151570 West 934.36 feet to the beginning of a tangent curve eoncava easterly and having a radius of 2053.07 feet; thence along said curve northwesterly 654.31 feet through a central angle of 18415'361; Thence leaving said westerly right- of.way line Of New MacArthur Boulevard, non- tangent from said curve South 6360012' West 2.00 feet to the existing common boundary between the Cities of Irvine and Newport Beach per the "Incorporation" of the City of Irvine and per "First Addition to Acacia Street Annexation" to the City of Newport Beach; Thence along said existing common boundary of the City of Irvine per said "Incorporation' and the City of Newport Beach per said 'First Addition to Acacia Street Annexation', the "AC4eia Street Annexation', the 'Jamboree Road Annexation ", 'Annexation No. 60 ". "Annexation No..72 -Ford Road', the "Upper Harbor v1aw.Hille No. 61 Annexation" and PAnnoxation No. 70- Harbor "taw Hills Photo III' through it's various courses in a general southerly, southeasterly, easterly and northeasterly direction to the POINT 4F NEGINNING. • Robert Bain, William i j} s, Associates RoorpanilAtion No. RD 67.35 (Ionfta Canyon Anneeaeion to the City of Newport Beach and Betachment Of the Same Terrstery from the City of Irvine) CONTAINING; 460,6 Acres, Piore or less, • Re..sed February 33, 3998 November B, 1997 JN 13988.01 Page 3 of 3 EXHIBIT "B" attached and by this reference made a port hareof. Kevin D. McHugh, 631Q This proposal does meet the approval of Orange County Surveyor's Office. • t Dated thisd4yylof 6*,h 1996. By p..Gr s.4.1G 4 , Jpo n s, county surveyor ,+ lfObaye*; /ive4 .05FGy [�ouwty,S�V rrfdfF a +3C "t�i�0 is �� '1 N&4103 2*af cgo C AIMP T� —r IFri fldf frY�.r �'_.a.�1•..r.pl Arcm A " mw DI/A ■ /AM00:I / I MOM 1 -1 d ArWO ON DWO NMK 7SLOOMMAW J16 APB AUM 4W"AMM A • • ngii ,wr' �Atv Ol 411621 rAMW - EXHf3f r 'Ir S JAWrA CANYOW A WCA4MW - rgsrA®sr.cwnaro a' NCtia►9�w[ m �'N W 7AC rnr OF ATWWr 8[ACN Arm .r orcr . v sw� swap AW � A+r Ar &AwA OCraN nwmr Or r!4 JUN Eat= lXOY JNC CO► Of iNYIEJ _ ma s 9$i 1 ! SIILLfS YrOii.�I..w.m.� • • e• �Ai x SCAM i' = seQ 'icy` � o . % �a os � . a n.r pRNA[IIS (J A ABaiO A-J s �-. " JbGC nn ar A� s.o�verw- .ro.a.x. JrrnO Jn an ©A9r �.mmnYOr. Dot my or ant[ �–�- o6t oQJ (Y �t/Oa (nWMmmmW / @OWA CANYON YQAB--,, ,0�r l+mi«my' Pte" � yJB „yr `ate �, cn7; of OtVA1E O a c'J v; € SINR/OAQUIN ILLS 9C � II(}Ac rim MOO BLO g, 1j" it. d - �O y�mornrta' - 7At�YB o u coot At anus- Sy AIQAIL .v stn • S7 =91 '1 61fAGC 9J m _ AFOAGMUMN AV no VIL-M �' P OWU CAMW AW"AWN Ant or a+�a '�• �tD ►� *' r m MF cm OF lA;a Wf AUER AND o[cAn jDr w Kffw mT Yr9'n7 J17 Iur 91i' �r+�"' ASS rw r Yr9 J A.r �'Jn Jy1'a`IJ 299 2 OF 3 3ti�IS rJ967 >dr' atom >tiiYa lsrl • a —� -• • \!�9t0. ar mom z AI iri w slur. C _ sw, 4�`O W�. 04 rd e t 5ti r I's p� u•x• .clue• S,� p cam -r .W AY&tr #AM mrdrWEW 7W3WBdAft-err AMOMMOLIMME mu ts �--�. Ara DJrAt.re7l 8LKY AHwYWtr - - re araarrmeorszA,c..c.v�.aw.v �Rm arr� mTA xoAr PIDW PttAb ff~ 7emiul"Ir . Mina 59 57 F pfC-- BLOiYC 57~ f cao.a�• y� 509 A.sr�_e 0. - -� 1 J e� d `Y Y� �G { 0 d� 0 osa'.s hoiFese.v h / l t -nn o' • �y�pp n EX 1101 { T %am ArstlrUIZON Am. 8O v -.a (sawn MOW A1NWHY WM JOMOWOl0OWa97"NA& 9fJARAWAV Af M MW FEJWraPr JiEC!<e RA MP mr APwmR% 91Qi 3 or 3 sol"s il • • E= BIT `B" • Map Showing Property and its Location l "IMICATC PROPOSED BOUNDARIES OF COMMUNITY FACILl11ES DISTRICT NO. 98 - 01 OF THE BONITA CANYON PUBLIC FACILITIES FINANCING AUTHORITY RI THE COUNTY Of ORANGE, surf OF CILMORNM IN THE CITY OF MOVE , y1 i 4 a WrL M M1 l C rr Rrc p By 4. 'M .jftm mvn w t-Eaw— xsauesr w ' MM—l2Sbt • MM INDEX MAP Mor m scar O rarcn:s srrr MRRR tntB x M arxr a M SrotErNrr a M twrA dxiprw.eic reOrrM'S txAMMW' AURMerr BX5 ma (Nr a z..erzr . I,Be STperARY a M BLMM CAMItx x.61.t FAQrRi rMMB>IG AUpeMM1 I n¢Btsy merry "t M NBw s sewn M eMeaPaS Or c MM RMIRTS LAWIW M -M. M"MC P VFAa S M.•AMaaG Au w. C 71 OF aPM'fL sort a tMRaNA w5' AIYNM[D Or M WrLRMAL BWRB Or M BOVLA O Mr PMX FAMM5 I1YAIgIA': AVe Pr ArARrMQAMSfTexGe ..R MM me_ w w'-N. T IM By rM RrSB UM MQ 2kLQ2 STOilTARya MBOMrA dMlar AwR"fAWRS aMYMACAVJtle'n . SHM I Or 3 SATETS Robert Beim William Fmvt & Associates 9w oROr[syoM,u cxcMCCSS, vrnwRCRS a MM�cmus YID l4 rM1rFeIrC W W.'MflF.br. V ,y AeR�aw.x s wr rye It " y6 ,y. 9ti OUFUC4M PROPOSED BOUNDARIES OF COMMUN/TYFAGYLITIES DISTRICT NO 98 -41 OF THE BOMA CANYON PUBLIC FACILITIES FINANCING AUTHORITY f Bfs w ARE x N! WE COUNTY Or ORANGE. STATE Of CAL ORNG TASesml� Ar/glSO73 IN 7NE CITY OF IRVRJE imr - BLOCK 57 `Lm A \ . f #AYll,' p r LO! 1 Lm a LOT 2 AW LOT 3 e _-4F0— ] LOT LOT _R f LOT 55 N NO. on LOT G (NTIM/ me ¢b' �MR% l.% !AA N WYO'NY N0' e .'p Wm W% N1f 3' n UlmmY uA _SUBOIVASION y- • gr' zq' r Mrm'Wt Am' y A rro'vY xs.N' ) ww'.ISY v. q' Y i / as q��_(j' ��9.J� u n niiy . m.a' ✓ w%1'n% Yav' Y � 9 N n b'w% Alli' o-_rmb'UY R' 16 wl'q'rtY YLb' apm'UY AO. N' AO LM N N N bAm'n' T ln.W' v' n n G� ao Srn'Wx .m' \ "I' N •A'l1• A N' Mf5ey1 n !r /af'V30t U.M. Y NtlY'WY b.ti Lm 0 .1w. ,p U' b 10.01' I. Y. N• A�Wmx n.m' Lm T UA'Y' a !10.01' p Y.fY r T� P4'a'nY ,Wm' WA'Al U. W' V )����YO'A XY WW' N'0'94l b0' r \ MWvx .W lr' O sAO IO'pxr qY' Y Nrr'A'f P. W' rN a'Et n N' q'Y'nY w.Y' n y�Yr'el MJ.'i16Y II/i' LM 19 '>/f'r' D 'A'mY W.A' UT 11'Ut . '• ! -Y { ^_y ,YVr�p}- bl'V'gi p� ws'U'AT !nm' n sW',rW% A MR8'Y1 b.!' �j(J�((}Ml'N'NT N1r' �lm 1! \ � VV Lm 8 Lm R n \ (rp im P Lm z! Lm % LM M 15317 �R PARCEL I z 7521 7 - 71 \ I Lm to U BLOCK 91 Lm ! gal v b g v .yf Y e•"' X111/ � Lar R A 1 PP Lm M CC L0f 5 �. PARCEL 2 'R r b k0 ' 0 ID io IxM a mn OT N RV/NE3 is LOT GG M.R.M. / ,. 140 LOT 7 S> A@7l OE SSNQ7S 6 L0T J1 �- Robert veAir Fost & AssocF i a Ler @� 0 b BLOCK 92` � no ry mRW.. r.% Wm. Angr. Y II j O � +el®.rwnus m�OYnl®rl 101' .POp9r1! AJIn'. 1 y6 ,y. 9ti OUFUC4M PROPOSED BOUNDARIES OF COMMUN/TYFAGYLITIES DISTRICT NO 98 -41 OF THE BOMA CANYON PUBLIC FACILITIES FINANCING AUTHORITY f Bfs w ARE x N! WE COUNTY Or ORANGE. STATE Of CAL ORNG TASesml� Ar/glSO73 IN 7NE CITY OF IRVRJE imr - BLOCK 57 `Lm A \ . f #AYll,' p r LO! 1 Lm a LOT 2 AW LOT 3 e _-4F0— ] LOT LOT _R f LOT 55 N NO. on LOT G (NTIM/ me ¢b' �MR% l.% !AA N WYO'NY N0' e .'p Wm W% N1f 3' n UlmmY uA _SUBOIVASION y- • gr' zq' r Mrm'Wt Am' y A rro'vY xs.N' ) ww'.ISY v. q' Y i / as q��_(j' ��9.J� u n niiy . m.a' ✓ w%1'n% Yav' Y � 9 N n b'w% Alli' o-_rmb'UY R' 16 wl'q'rtY YLb' apm'UY AO. N' AO LM N N N bAm'n' T ln.W' v' n n G� ao Srn'Wx .m' \ "I' N •A'l1• A N' Mf5ey1 n !r /af'V30t U.M. Y NtlY'WY b.ti Lm 0 .1w. ,p U' b 10.01' I. Y. N• A�Wmx n.m' Lm T UA'Y' a !10.01' p Y.fY r T� P4'a'nY ,Wm' WA'Al U. W' V )����YO'A XY WW' N'0'94l b0' r \ MWvx .W lr' O sAO IO'pxr qY' Y Nrr'A'f P. W' rN a'Et n N' q'Y'nY w.Y' n y�Yr'el MJ.'i16Y II/i' LM 19 '>/f'r' D 'A'mY W.A' UT 11'Ut . '• ! -Y { ^_y ,YVr�p}- bl'V'gi p� ws'U'AT !nm' n sW',rW% A MR8'Y1 b.!' �j(J�((}Ml'N'NT N1r' �lm 1! \ � VV Lm 8 Lm R n \ (rp im P Lm z! Lm % LM M 15317 �R PARCEL I z 7521 7 - 71 \ I Lm to U BLOCK 91 Lm ! gal v b g v .yf Y e•"' X111/ � Lar R A 1 PP Lm M CC L0f 5 �. PARCEL 2 'R r LOT Nf r ,m rm u OT N is LOT GG ,. 140 LOT 7 LOT 1 A@7l OE SSNQ7S BLOCK 92 M L0T J1 �- Robert veAir Fost & AssocF i a Ler S &'N PW. AC k BLOCK 92` � no ry mRW.. r.% Wm. Angr. Nwm -1CW rrM .a.w! !Mm_1�!I�ulwloo -JCS � +el®.rwnus m�OYnl®rl 101' .POp9r1! AJIn'. ]I IA r pJ rm (Y4[ Ir 1t[,1 SO PARCEL 1 ld< TRALT N0. 15317 LOT 9 LOT z0 +� z va 00 m NN LOT NI LOT 8 LOT.T LOT I M.M. 752 / 1 - 11 I LOT JJ\ OVPL /CATS PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO 96 -01 OF THE BONITA CANYON PUBLIC FACILITIES FINANCING AUTHORITY IN THE COONTY OF ORANGE. STATE Or CAGLOWM \\S9N NJ THE CBY OF W E ✓ BLOCK 91 / q -L/F/x LF!M1• � if�41F,FOW(gITS 10. F. I�r. w. >w -a>! jp55 R. 5. No. 16P / 41 _ 45 R S.B LOT EE afl1w \R- 010 \\ / sYrlR[RALTt I0.i>aF -I MR ` II6/. IO. 19ID06HY O. R. - - 9 LOT 9 GG Rx•u'rn sN.«' Rww• «xse.s' n nar. m uawp o. FORD RW \ 41, LWAlJM1. R6,. r9. 9! -dXIW O.R. \ \ 1 \ � J72 / Wry \/ BLOCK 98 j C'4p.D� _s BLOCK 98 1 � O \$°a uaecFmL� ps• n• �o-'rrmT m.m '[Js w.enrm- �mr'Po ifY rt l0' MAi'PM1 ISA' 'a'r' .em. rr• o-we r vm'p'at p.M' �mIYI'bT Po -N' Il�p6r «p'li Sx RfT ([W41 7 1 NmR GVAN 014pS1L . S,RINp RF aiWP 91CM'ISNfSYIN/RS r C. SNErr 3 or 5 SNLE15 Robert Bein.William frost & Assmiat, maTSS I eMaMttxs. PLmR(NS R awKYIX+s U'•V4ruLUe w -fow' 1 Llncmare, n rwF e,eo marmr a m. Rerawn m rNr Am 9 � �t PARM 2 9 L � PCL. 3 L 1NST. NO. Y 93-0424310, O.R. I 6 8 TAW Wry \/ BLOCK 98 j C'4p.D� _s BLOCK 98 1 � O \$°a uaecFmL� ps• n• �o-'rrmT m.m '[Js w.enrm- �mr'Po ifY rt l0' MAi'PM1 ISA' 'a'r' .em. rr• o-we r vm'p'at p.M' �mIYI'bT Po -N' Il�p6r «p'li Sx RfT ([W41 7 1 NmR GVAN 014pS1L . S,RINp RF aiWP 91CM'ISNfSYIN/RS r C. SNErr 3 or 5 SNLE15 Robert Bein.William frost & Assmiat, maTSS I eMaMttxs. PLmR(NS R awKYIX+s U'•V4ruLUe w -fow' 1 Llncmare, n rwF e,eo marmr a m. Rerawn m rNr Am 7 1 NmR GVAN 014pS1L . S,RINp RF aiWP 91CM'ISNfSYIN/RS r C. SNErr 3 or 5 SNLE15 Robert Bein.William frost & Assmiat, maTSS I eMaMttxs. PLmR(NS R awKYIX+s U'•V4ruLUe w -fow' 1 Llncmare, n rwF e,eo marmr a m. Rerawn m rNr Am SNErr 3 or 5 SNLE15 Robert Bein.William frost & Assmiat, maTSS I eMaMttxs. PLmR(NS R awKYIX+s U'•V4ruLUe w -fow' 1 Llncmare, n rwF e,eo marmr a m. Rerawn m rNr Am 0 0 E)&UBIT "C" List of Irvine Development Approvals r� PLANNING AREA 26A CITY OF IRVINE APPROVALS Zone Change 18903 -ZC (City Council Ordinance No. 96-10) 2. Certification of Program Environmental Impact Report (SCH# 95091032) 3. Master Plan No. 23655 -MPH (PC Resolution No. 96 -1880) 4. Vesting Tentative Tract Map No. 15317 (PC Resolution No. 96- 1903), including traffic study which identified access locations 5. Park Plan 26549 -PK, including Administrative Relief from parking requirements (PC Resolution No. 96 -1903) 6. Final Tract Map No. 15317 7. Zone Change 27803 -ZC (City Council Ordinance No. 97 -09) 8. Vesting Tentative Tract Map No. 15409 (PC Resolution No. 97- 1943), including deviations from Standard Plan No. 105 and Standard Plan No. 106 at roadway knuckles and for landscaped islands in the cul -de -sacs. 9. Conditional Use Permit No. 27839 -CPU (PC Resolution No. 97 -1944) 10. Vesting Tentative Tract Map No. 15517 (PC Resolution No. 97 -1967 ) 11. Master Plan No. 29455 -MP (PC Resolution No. 97 -1968) 12. Vesting Tentative Tract Map No. 15479 (PC Resolution No. 97- 1970), including deviations from Standard Plan No. 105 and Standard Plan No. 106 at roadway knuckles, cul -de -sacs, for street widths due to use of chokers and landscaped islands. 13. Master Plan No.29369 -MP 14. Rough Grade Permit No. 28755 CCP 15. Model Precise Grade Permit No. 28837 CCG 16. Model Building Permit Nos. 156433 to 156437 17. Park Plan 28433 -PK • 0 18. Bonita Canyon Landscaping (including medians) and Walls Permit No. 28423 LC, 28341 LC, 154798 MIS, 154799 EBP, 155678 EBP, 155680 EBP and 155681 EBP 19. Harbor View North & Battersea Landscaping, Walls and Guard House Permit No. 28692 LC, 155448 MIS, 155449 EBP, and 156159 SBP 20. Fuel Modification Orange County Fire Authority Approval 023166 21. Fuel Modification City of Irvine Permit No. 30229 LC 22. Mass Grading Permit No. 25814 -CCP 23. Harbor View North and Battersea Improvement Plans Permit No. 26485 -TC 24. Encroachment Permit No. 29483 -EP 25. MacArthur Blvd. Improvement Plan 26. Conditional Use Permit for Newport Coast Child Development Preschool 36365 CPM (Resolution No.97 -1978, Resolution No. 97 -394) 27. St. Matthews Church Parcel Map 28. IAC Master Plan, Grading Plan, Improvement Plans, Landscaping Plans and Construction Drawings, CUP and Tentative Tract Map. 29. CPH Improvement Plans, Precise Grading Plan, Landscaping Plans and Construction Drawings 30. Taylor Woodrow and Standard Pacific Improvement Plans, Rough Grading Plan, Precise Grading Plan, Model Plans, Landscaping Plans and Construction Drawings 31. Mesa Park Construction Drawings 32. Arroyo Park Plan and Construction Drawings 33. MacArthur Blvd. Landscape Plan EXHIBIT "D" CITY Planning and Zoning ORDINANCE 97-_24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENTS TO DISTRICTING MAPS NUMBERS 55, 56, 57, AND 58 TO PREZONE PROPERTY GENERALLY LOCATED BETWEEN THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR, MACARTHUR BOULEVARD, AND OLD FORD ROAD (BONITA CANYON) TO PLANNED COMMUNITY AND TO ADOPT A PLANNED COMMUNITY DEVELOPMENT PLAN (AMENDMENT 865] WHEREAS, the City of Newport Beach is investigating the detachment of the Bonita Canyon area from the City of Irvine and annexation to the City of Newport Beach; and WHEREAS, the Califontia Government Code provides that a city may prezone property for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city; and WHEREAS, the prezoning of the Bonita Canyon area to the Planned Community District is appropriate because it allows for the development of parcels of land as coordinated, comprehensive project; and WHEREAS, Chapter 20.35 of the Newport Beach Municipal Code requires the adoption of a Planned Community District development plan prior to new development on the property; and WHEREAS, on October 9, 1997 and October 23, 1997, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment 865; and WHEREAS, on October 27,1997, the City Council of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, the pursuant to the Califomia Environmental Quality Act, it has been determined that the previously certified Environmental Impact Report (State Clearing House Number 95091032) prepared for Planning Area 26/Bonita. Canyon Zone Change (Bonita Canyon) is adequate to serve as the environmental document for this • Ord 97 -34 project. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Districting Maps Numbers 55, 56, 57, and 58 shalt be amended to read as provided in attached Exhibit "A." SECIION 2: A Planned Community development plan for the subject property is adopted as provided in attached Exhibit `B." SECTION 3: This amendment shalt become effective SECTION 3: The Mayor shall sign and the City Clerk 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 only if the detachment of the Bonita Canyon area from the City of Irvine and the annexation to Newport Beach is approved by the Orange County Local Agency Formation Commission. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on October 27, 1997, and adopted on the 10th day of November 1997, by the following vote, to wit: ATTEST: . /jar rG— Jy"elI I n i7 AYES, COUNCIL MEMBERS 0 `NEIL, THOMSON, EDWARDS, GLOVER, NOYES, MAYOR DEBAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDGES ON �G •e r + r ++ ►rr er ro � r r r t • r RC Y • � r [ a r ;4 ALC r � / M M tir i pats � , . 4r'+• � � • e ," ► , ►/ r+'rr +•+r �" I PIC Ap �a ,r' p„ rt rnlan �'►f ,� r • • ► ♦ r e + / � + +� / / / / • A 0 O s ,reap p r er„ +C�� r/ � � + � ►e ►+ ++ ►r eA A � Yyr t p r �{ �i+ +• r � r ♦ ►r + {A ► p ar rrx .+ • p + +� Y • + W A 4� saM s !� '40 � � / ► • j {. V �' war r p a" ` �� rk"11'•"a rs Y n A ", v r • ,• one DISTRICTING- MAP - CITY -OF- NEWPORT - BEACH - CALIFORNIA Ma rw.YNI. MrM•IY altl�or ® Now"OM. COM MM av, wl .u,mltpl..a wsT IIMtIWIy aY 1A<( a1.a1 aNT�R ®Maw MI� .Mlw1A MaNOaIY Maa.a, I•M a.1,Mata,I,I,.W.—a1w�R �a� lulw MMN.,1M aMalt, tY uw at..tMLL ala,.Kf NO aa.aw.a A •.• wo, R•r� "ter`.'. rS .n nnw 4f MatM,q aMf.,t HwwlYl tN SWUM spomoaft t1a1.aT 7O ta.a„1.a w't'MARf �ii� i•�w.iF .w,S wrN ea CM� M11aL[ Awwl,ll tIt1AR I 1.1wmnun tlalm .rlM Arr MY rim Como" w •N wnra .� wtuNwM em"M O _ ate go w Pc DISTRICTING- MAP - CITY- OF -NEI ].www.r•.s...rtr. wnyt ®....w» aw.ws� we.« ] wu wre wlMf U1111� MwCle� • «N«t IiowwlYL MmNf ] waa w�nr wnaw K9 YYR rwwa wm« ] � mer► Q ] wars 1[PIw1Y1, w+we 1� MY PC - BEACH - CALIFORNIA � MsIAGl �O�Ille{�O YY1e11Yele1U� MIMR r+wr a Y worse sararrs w•s•wewr . s !=N- C47 iff W fic Pc DISTRICTING --- I[.�WMY•wp/1.IY MAM1 rll 1YRY M[wKT wM. wwM[nr •.1K. wnr.t. wawa wwwnr w111K[ wwwmr wI11M[ CITY-- OF -NEI rMrMMN 6.Ir1.W M Ti .wntl wrw[nr • rtirw[ MF.p1W. M.1�.. uw Nmw.[tu[ MN.KI [ .� MRtl.} wwwwwa [1[IKI ,YNM[[ A l v ?T- -BEACH- CALIFORNIA M[IM.W YWM.C.II.M Mw1A � i}��fy�_1 }1,1t MMIwM .II �,� \.lYL1 wA�M 4r:r /�Y RESOLUTION NO. 97 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN TO REFLECT THE BONITA CANYON PLANNED COMMUNITY DEVELOPMENT PLAN [GENERAL PLAN AMENDMENT 97 -2] WHEREAS, pursuant to Section 65300 of the California Government Code, the City of Newport Beach is required prepare and adopt a comprehensive, long- term, general plan for the physical development of the city and any land outside of its boundaries which bears relation to its planning; and WHEREAS, the City of Newport Beach has initiated proceedings for the detachment of the area known as Bonita Canyon from the City of Irvine and annexation to the City of Newport Beach; and WHEREAS, the Bonita Canyon area has established land use and development entitlements that are not currently addressed in the Land Use Element of the General Plan; and WHEREAS, the Land Use Element of the General Plan needs to be amended to include the .general distribution, location and extent of the land uses established in the Bonita Canyon area; and WHEREAS, on October 9, 1997 and October 23, 1997, the Planning Commissim of the City of Newport Beach held a public hearing regarding General Plan Amendment 97 -2; and WHEREAS, on November 10, 1997, the City Council of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the previously certified Environmental Impact Report (State Clearing House Number 95091032) prepared for Planning Area 26/Bonita Canyon I ,'2� *• . • Res 97 -76 Zone Change (Bonita Canyon) is adequate to serve as the environmental document for this project. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The Land Use Element of the General Plan shall be amended to read as provided in attached Exhibit "A" and the Land Use Element Map shall be revised as illustrated in attached Exhibit `B:' SECTION 2: This amendment shall become effective only if the deWhment of the Bonita Canyon area from the City of Irvine and the annexation to Newport Beach is approved by the Orange County Local Agency Formation Commission. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on November 10, 1997, by the following vote, to wit: ATTEST: AYES, COUNCIL MEMBERS o'NEIL, THOMSON, EDWARDS, GLOVER, NOYES, MAYOR DEBAY NOES. COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDGES CITY CLERK K • 0 5. Upper Big Canyon Nature Park. This site is between Baywood and Harbor View Homes, and is designated Recreational and Environmental Open Space for passive open space use. Harbor Ridge Area (Statistical Area M5) 1. Broadmoor Seaview. This development is located on San Miguel Drive north of the Big Canyon reservoir. The area is designated for Single Family Detached development and is allocated 166 dwelling units. No subdivision which will result in additional dwelling units is allowed. 2. Harbor Bill. This project is located on the southeasterly corner of Spyglass Hill Road and San Miguel Drive. The site is designated for Single Family Detached development and is allocated 40 dwelling units. No subdivision which will result in additional dwelling units is allowed. 3. Seawind. This area is located northeasterly of Spyglass Hill Road and San Miguel Drive. The area is designated for Single Family Detached development and is allocated 119 dwelling units. No subdivision which will result in additional dwelling units is allowed 4. Newport fulls Center. This site is located on the southeasterly comer of Ford Road and San Miguel Drive. The site is designated for Retail and Service Commercial land use and is allowed a maximum floor area of 0.3 FAR. 5. Harbor Ridge. This area is located between Spyglass Hill Road and the San Joaquin Reservoir. The area is designated for either Single Family Detached or EXHIBIT A ESTIMATED GROWTH FOR STATISTICAL AREA M4 Residential (in dtr's) Commercial (in sq. R) Existing Gen. Plan Projected Existing Gen. Plan Projected 1/1/87 Projection Growth 1/1/87 Projection Growth 1. Harbor View Homes 1,043 1,043 -0- 40- 40- -0- 2. Buffalo Hills Park -0- -0- -0- 40- 40- -0- 3. Harbor View School -0- -0- 40- 40,668 51,400 10,732 4. Fwy Res. East -0- 76 76 -0- -0- -0- 5. Nature Park 40- •0- 40- -0- -0- -0- TOTAL 1.043 1,119 76 40,668 51,400 10.732 Population 2,065 2,216 151 Harbor Ridge Area (Statistical Area M5) 1. Broadmoor Seaview. This development is located on San Miguel Drive north of the Big Canyon reservoir. The area is designated for Single Family Detached development and is allocated 166 dwelling units. No subdivision which will result in additional dwelling units is allowed. 2. Harbor Bill. This project is located on the southeasterly corner of Spyglass Hill Road and San Miguel Drive. The site is designated for Single Family Detached development and is allocated 40 dwelling units. No subdivision which will result in additional dwelling units is allowed. 3. Seawind. This area is located northeasterly of Spyglass Hill Road and San Miguel Drive. The area is designated for Single Family Detached development and is allocated 119 dwelling units. No subdivision which will result in additional dwelling units is allowed 4. Newport fulls Center. This site is located on the southeasterly comer of Ford Road and San Miguel Drive. The site is designated for Retail and Service Commercial land use and is allowed a maximum floor area of 0.3 FAR. 5. Harbor Ridge. This area is located between Spyglass Hill Road and the San Joaquin Reservoir. The area is designated for either Single Family Detached or EXHIBIT A • • Single Family Attached development. The total development permitted is 262 dwelling units, which reflects the existing development. No subdivision which will result in additional dwelling units is permitted. 6. Spyglass Hill. This area is located northeasterly of San Joaquin Hills Road and Spyglass Hill Road The area is designated for Single Family Detached development and is allocated 209 dwelling units. No subdivision which will result in additional dwelling units is allowed. 7. Carmel Bay. This area is located between Pacific View Memorial Park and Spyglass Hill Road The area is designated for Single Family Detached development and is allocated 133 dwelling units. No subdivision which will result in additional dwelling units is allowed. 8. Harbor View Knoll. This project is located on Ford Road at the northeasterly City boundary. The site is designated for Single Family Attached development and is allocated 64 dwelling units, which reflects the existing development. 9. Spyglass Hill Park and Open Space. This area is on Spyglass Hill Road new Capitan Drive. The designation of Recreational and Environmental Open Space will allow the continuation of the existing passive open space uses. 10. San Joaquin Reservoir. Lands associated with the maintenance of the San Joaquin Reservoir in the City of Newport Beach are located adjacent to Harbor Ridge, and are designated for Governmental, Educational and Institutional Facilities. Two caretakers residences are allowed on the site. waii arr A ESTIMATED GROWTH FOR STATISTICAL AREA MS Residential (in dues) Commercial (in sq. ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected I /1/87 Projection Growth I/I/87 Projection Growth 1. Broadmoor Seaview 166 166 -0- -0- 4)- -0- 2. Harbor Hill 40 40 -0- 4)- 4)- -0- 3. Seewind 119 119 -0- -0. -0- -0- 4. Newport Hills Center -0- -0- -0- 83, %5 106,217 22,232 5. Harbor Ridge 262 262 4)- 4)- -0- -0- 6. Spyglass Hill 209 209 41- -0- 4)- -0- 7. Carmel Bay I33 133 4)- .4)- -0- -0- 8. Harbor View Knoll 64 64 -0- -0- -0- -0- 9. Park and OS -0- 4)- 41- -0- -0- 4l- 10. S. J. Reservoir 2 2 -0- -0- -0- -0- TOTAL 993 995 4- 89.965 106.217 22.232 Population 1,970 1,970 41- waii arr A • 0 Bonita Canyon Area (Statistical Area M6) 1. BC Area 1. This 75.1 acre site is bounded by Bison Road to the north, Bonita Canyon Road to the south, BC Area 6 to the east, and MacArthur Boulevard to the west. The site is designated Residential Multi- Family and is allocated 1,100 dwelling units. The land use designation represents an anticipated development type, and is not intended to limit development to only that type. This area may be developed with a mixed use project incorporating all of the residential product types within the established dwelling unit limit. 2. BC Area 1. This 1.7 acre site is bounded by BC Area 6 to the north and east, Ford Road to south, and Harbor View Hills Planned Community to the west. The site is designated Residential Single Family Detached and is allocated 6 dwelling units. The land use designation represents an anticipated development type, and is not intended to limit development to only that type. This area may be developed with a mixed use project incorporating all of the residential product types within the established dwelling unit limit. 3. BC Area 3. This 86.3 acre site is bounded by BC Area 6 to the north, Bonita Canyon Road to the south, BC Area 6 and BC Area 7 to the east, and BC Area 6 to the west. The site is designated Residential Single Family Detached and is allocated 290 dwelling units. The land use designation represents an anticipated development type, and is not intended to limit development to only that type. This area may be developed with a mixed use project incorporating all of the residential product types within the established dwelling unit limit. 4. BC Area 4. This 26.8 acre site is bounded by Bonita Canyon Road to the north, Ford Road to south, the city limits to the east, and Harbor View Hills Road to the west. The site is designated Residential Single Family Attached and is allocated 125 dwelling units. The land use designation represents an anticipated development type, and is not intended to limit.development to only that type. This area may be developed with a mixed use project incorporating all of the residential product types within the established dwelling unit limit. 5. BC Area 5. This 18.9 acre site is bounded by the San Joaquin Hills Transpiration Corridor to the north and east, Bison Road to the south, and MacArthur Boulevard to the west. The site is designated Retail Service Commercial and is allocated 55,000 square feet of gross floor area 6. BC Area 6. This 115.7 acre site is bounded by Bison Road and the San Joaquin Hills Transportation Corridor to the north, Bonita Canyon Road and BC Area 3 to the south, the San Joaquin Hills Transportation Corridor and BC Area 7 to the east, and BC Area 1 to the west. The site is designated Recreational and Environmental EXHIM A J E i Open Space and is to provide areas active and passive open space, habitat preservation, and fuel modification. 7. BC Area 7. This 18.3 acre site is bounded by BC Area 6 to the north, Bonita Canyon Road to the south, BC Area 6 to the east and west. The site is designated Governmental, Educational & Institutional Facilities and is to provide areas for public and semi - public land uses. Downcoast Newport Beach Area (Statistical Division N) This area includes the large unincorporated area east of the City. The area is designated for a mixture of residential and visitor and neighborhood commercial land uses, which are described in detail in the "Downcoast Newport Beach - Land Use Plan ". This document, which has been adopted by the City and parallels the Local Coastal Program approval of the County of Orange, is hereby incorporated by reference and is bound separately as Appendix B of the Land Use Element. ESTIMATED GROWTH FOR STATISTICAL DIVISION N Residential (in du's) Commercial (in sq. R.) Existing Gen. Plan Projected Existing Gen. Plan Projected 1 /1187 Projection Growth 1/1/87 Projection Growth NB Downcoast -0- 24600 2,600 -0- 2,975,000 2,975,000 TOTAL -0- 2600 2.600 -U- 2,975,000 2,475,000 Population -0- 5,149 5,148 FJCHMIT A ESTIMATED GROWTH FOR STATISTICAL AREA M6 Residential (in dues) Commercial (in sq. R) Existing Gen. Plan Projected Existing Gen. Plan Projected 111187 Projection Growth 1 /1/87 Projection Growth 1. 13C Area 1 -0- 1,100 1,100 -0- -0- -0- 2. BC Area 2 -0- 6 6 -0- -0- -0- 3. BC Area 3 -0- 290 290 -0- -0- -0- 4. 13C Area 4 -0- 125 225 -0- -0- -0- 5. BC Area 5 -0- -0- -0- -0- 55,000 -0- 6. BC Area 6 -0- -0- -0- -0- -0- -0- 7. BC Area 7 -0- -0- -0- -0- Unspecified Unspecified TOTAL -0- 1,521 -0- -0- 55,000 55,000 Population 4- 3,042 3,042 Downcoast Newport Beach Area (Statistical Division N) This area includes the large unincorporated area east of the City. The area is designated for a mixture of residential and visitor and neighborhood commercial land uses, which are described in detail in the "Downcoast Newport Beach - Land Use Plan ". This document, which has been adopted by the City and parallels the Local Coastal Program approval of the County of Orange, is hereby incorporated by reference and is bound separately as Appendix B of the Land Use Element. ESTIMATED GROWTH FOR STATISTICAL DIVISION N Residential (in du's) Commercial (in sq. R.) Existing Gen. Plan Projected Existing Gen. Plan Projected 1 /1187 Projection Growth 1/1/87 Projection Growth NB Downcoast -0- 24600 2,600 -0- 2,975,000 2,975,000 TOTAL -0- 2600 2.600 -U- 2,975,000 2,475,000 Population -0- 5,149 5,148 FJCHMIT A 0 i Miscellaneous Residential Projections As previously described in this Land Use Element, State law supersedes local land use regulation in the ability to construct "second dwelling units" and "granny" units, as well as mandating density bonuses above stated density or dwelling unit limits for the provision of affordable housing. Based on requests for development in these categories in recent years, the following residential growth can be anticipated within the time -frame of this plan. ESTIMATED ADDITIONAL RESIDENTIAL GROWTH Residential (in du's) Existing Gen. Plan Projected 111/87 Projection Growth Additional Residential -0- 200 200 TOTAL 0 200 200 Population -0- 396 3% Citywide Growth Projections The programs and policies for the Land Use Element will result in additional development with associated population increases within the City, as well as in the unincorporated areas within the City's planning area This growth is summarized below. ESTIMATED GROWTH FOR THE NEWPORT BEACH PLANNING AREA Residential (in du's) Commercial (in sq. R.) Existing Gen. Plan Projected Existing Gen. Plan Projected 1/1/87 Projection Growth 1/1/87 Projection Growth DIVISION A 2,597 5,610 3,013 2,118,930 4,211,410 2,092,480 DIVISION B 3,897 4,970 1,073 1,247,381 1,705,236 457,855 DMSION C 901 1,168 267 -0- 40- -0- DIVISIOND 2,891 3,490 599 323,393 420,355 96,962 DIVISION E 2,228 2,801 573 118,828 147,086 28,258 DIVISION F 4,454 5,224 770 700,332 983,047 282,715 DMSION G 11008 1,025 17 150,258 262,583 112,325 DIVISION H 2,115 2,241 99 1,982,300 4944,221 %1,921 DIVISION I 4,552 4,612 60 1,613,946 3,134,839 1,520,893 EXHIBIT A 0 • DIVISION K 3,647 DIVISION L 2,162 DIVISION M 4,199 DIVISION N -0- misc. RES. -0- CITY 34,209 SPHERE -0F - INFLUENCE 442 PLANNING TOTAL 34,651 3,965 318 853,204 1,740,168 886,964 3,533 1,371 13,220,637 14,953,855 1,733,218 5,150 1,651 995,715 391,894 2,600 2,600 -0- 2,975,000 2,975,000 200 200 -o- -0- -0- 41,886 7,677 22,933,030 34,473,5!5 11,540,485 5,376 4,934 3SIA16 4,267.831 3916,015 47,262 12,611 23,284,846 38,741,346 15,456,300 EXHlBrr A ESTIMATED POPULATION INCREASES Existing Gen. Plan Projected 1/1197 Projection Growth DIVISION A 5,142 11,108 5,966 DIVISION B 7,716 9,840 2,124 DIVISION C 1,784 2,313 $29 DIVISION D 5,724 6,910 1,186 DIVISION 4,411 5,546 1,135 DIVISION F 8,819 10,342 1,523 DIVISION G 1,996 2,030 34 DIVISION H 4,188 4,384 1% DIVISION J 9,013 9,148 135 DIVISION K 7,221 7,851 630 DIVISION L 4,281 7,104 2,823 DIVISION M 8,314 11,714 3,400 DIVISION N -0- 5,148 5,148 MISC. RES. -0- 396 3% CITY 68,609 93,834 25,225 SPHERE -OF- _ INFLUENCE 875 101644 9,769 PLANNING AREA TOTAL 69,484 104.478 34,994 Revised 10/97 EXHIBIT A PSM and Sarioa cwmmrelei v S / i am=mo _ �Re mational and Envkomnental Open Spat c•' _ V � °Yldwtlel Single Family Detached % /..�q F j aewudwal wa e OPMSFM ........ Residential Single Family Dewhed .._ _.. Residential Single Famiy Adached • General Plan Amendment 97 -2 Bonita C;a.nvon RESOLUTION NO. 97 -710 ..' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE RECREATION AND OPEN SPACE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN TO REFLECT THE BONITA CANYON PLANNED COMMUNITY DEVELOPMENT PLAN [GENERAL PLAN AMENDMENT 97 -21 WHEREAS, putsuant to Section 65300 of the California Government Code, the City of Newport Beach is required prepare and adopt a comprehensive, long- term, general plan for the physical development of the city and any land outside of its boundaries which bears relation to its planning; and WHEREAS, the City of Newport Beach has initiated proceedings for the detachment of the area known as Bonita Canyon from the City of Irvine and annexation to the City of Newport Beach; and WHEREAS, the Bonita Canyon area has open space and recreational areas that are not currently addressed in the Recreation and Open Space Element of the General Plan; and WHEREAS, the Recreation and Open Space Element of the General Plan needs to be amended to include these open space and recreational areas; and WHEREAS, on October 9, 1997 and October 23, 1997, the Planning Commission of the City of Newport Beach held a public heating regarding General Plan Amendment 97 -2; and WHEREAS, on November 10, 1997, the City Council of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the previously certified Environmental Impact Report (State Clearing House Number 95091032) prepared for Planning Area 26/Bonita Canyon Zone Change (Bonita Canyon) is adequate to serve as the environmental document 1 for this projelb 0 Res 47 -77 I THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The Recreation and Open Space Element of the General Plan shall be amended to read as provided in attached Exhibit "A" and the Service Area 11 Map shall be revised as illustrated in attached Exhibit `B." SECTION 2: This amendment shall become effective only if the detachment of the Bonita Canyon area from the City of Irvine and the annexation to Newport Beach is approved by the Orange County Local Agency Formation Commission. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on November 10, 1997, by the following vote, to wit: AYES, COUNCIL MEMBERS ONE L. THOMSON, EDWARDS, GLOVER, NOYES, MAYOR DERRY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS EEDGEs ATTEST: 1*V r=ay sid:� 0 0 Res 97 -77 Service Area 11- Corona del Mar 1. Lincoln School - approximately 17 acres The seventeen acres of playing fields at the Lincoln School site will transfer to neighborhood park use. The existing building improvements are proposed to remain in this situation. However, intensification of the facilities in the fields is recommended. 2. Oasis Expansion The existing Oasis Senior Center will be expanded. Total area will be consistent with current development and master plan studies for this public area 3. Buck Gully - approximately 49.4 acres Protection of this environmentally sensitive area is planned consistent with the Local Coastal Plan. Public access facilities are not recommended due to difficulty in maintenance, fire protection and police supervision. The removal of the alternate Residential use and application ofthe Open Space Overlay zoning district would be appropriate in exchange for increased densities on other parcels. 4. Marguerite View Park (Hart Park) This small view park will be provided for the enjoyment of unusual ocean views. Total area will be consistent with current development and master plan studies now being conducted for the site. 5. Jasmine Creek Open Space - 2.6 acres A passive open space area with a walkway will be located in this riparian corridor. The area is proposed to be available to public access via an easement. 6. Bonita Canyon Area 2 A 1.7 acre area designated for residential development, but which may remain as open space and incorporated into the adjoining Bonita Canyon Area 6 open space area 7. Bonita Canyon Area 4 A 23.4 acre area designated for residential development or a potential school site. The site will be developed as an active neighborhood park until such time as a school may be heeded and a portion of the park is retained in joint use with the school. Exhibit A • S. Bonita Canyon Area 6 • A 7.4 -acre neighborhood park will be provided with turf areas, active sports fields and courts, picnic areas pedestrian trails, storage building with restrooms, and a parking lot. A 4.8 -acre neighborhood park will be provided with turf areas, active sports fields, picnic areas, pedestrian trails, storage building with restrooms, and a parking lot. A 14.5 -acre open space with pedestrian trails. Approximately 64 acres located south of the San Joaquin hills Transportation Corridor, wbich imhrdes the existing Bonita Creek Channel and Bonita Canyon Reservoir, which will be preserved as open space. Exhibit A �s y RESOLUTION NO. 97 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE NEWPORT BEACH GENERAL PLAN TO REFLECT THE BONITA CANYON PLANNED COMMUNITY DEVELOPMENT PLAN (GENERAL PLAN AMEND- MENT 97 -21 WHEREAS, pursuant to Section 65300 of the California Government Code, the City of Newport Beach is required prepare and adopt a comprehensive, long -term, general plan for the physical development of the city and any land outside of its boundaries which bears relation to its planning; and WHEREAS, the City ofNewport Beach has initiated proceedings for the detachment of the area known as Bonita Canyon from the City of Irvine and annexation to the City of Newport WHEREAS, the Circulation EIement of the General Plan needs to be amended to include bikeways not currently identified on the Master Plan of Bikeways map; and WHEREAS, on October 9, 1997 and October 23, 1997, the Planning Commission of the City of Newport Beach held a public hearing regarding General Plan Amendment 97 -2; and WHEREAS, on November 10, 1997, the City Council of the City of Newport Beach held a public heating regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the previously certified Environmental Impact Report (State Clearing House Number 95091032) prepared for Planning Area 26/Bonita Canyon Zane Change (Bonita Canyon) is adequate to serve as the environmental document for this project. 1 • � • Res 97 -78 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The Circulation Element of the General Plan shall be amended to read as provided in attached Exhibit "A° and the Master Plan of Bikeways map shall be revised as illustrated in attached Exhibit "B." SECTION 2: This amendment shall become effective only if the detachment of the Bonita Canyon area from the City of Irvine and the annexation to Newport Beach is approved by the Orange County Local Agency Formation Commission. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on November 10, 1997, by the following vote, to wit: ATTEST: i N M� i3 AYES, COUNCIL MEMBERS O'NEZL. THOMSON, EDWARDS, GLOVER, NOYES, MAYOR DEEAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDGES 2 w PRIMARY ROAD 0 0 0 0 0 0 General Plan Amendment 97 -2 Ronita ('amine N r w 0 % �• /for* Backbone Bikeway .....• Secondary Bikeway General Plan Amendment 97 -2 Rnnito ianvrnn ORDINANCE 97 -35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY (Development Agreement l 1) 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 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 65W 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 C. The Annexation and Development Agreement has been prepared in compliance with state law and the Newport Beach Municipal Code; and E In compliance with state law and city ordinance, a duly noticed public hearing was held by the Planning Commission to consider the Annexation and Development Agreement; and S. The Planning Commission finds that the Annexation and Development Agreement in compliance with the Califomia Environmental Quality Act and Guidelines promulgated thereunder, and • Ord 97 -35 h. The Planning Commission finds that said Annexation and Development Agreement is in conformance with the Newport Beach General Plan, as proposed by accompanying General Plan Amendment No. 97 -2; and 1. The adoption of the Annexation and Development Agreement will not preclude the City from conducting future discretionary reviews in connection with the project, nor would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. SECTION 2. Annexation and Development Agreement (Development Agreement No. 11) is hereby adopted and made a part hereof by this reference. SECTION 3. Copies of said the Annexation and Development Agreement ate on file in the offices of the City Clerk and the Planning Department of the City of Newport Beach. SECTION 4. 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. SECTION 5. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of October 1997, and was adopted on the 10th day of November 1997, by the following vote, to wit: CITY CLERK AYES, COUNCIL MEMBERS O'NEIL, TEOMSON, EDWARDS, GLOVER, NOYES, MAYOR DEBAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDGES 2 RESOLUTION NO. 97- 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING APPLICATION FOR A REORGANIZATION TO INCLUDE A SPHERE OF INFLUENCE AMENDMENT AND THE ANNEXATION OF TERRITORY ALONG THE CITY'S EASTERLY BOUNDARY WITH THE CITY OF IRVINE (PLANNING AREA 26A - BONITA CANYON) WHEREAS, the City Council of the City of Newport Beach on its own motion has initiated preliminary proceedings for the reorganization of certain uninhabited territory known as Bonita Canyon described in Exhibit A and attached hereto and incorporated by the reference; and WHEREAS, Bonita Canyon is within the City of Irvine Sphere of Influence and is a part of City of Irvine incorporated territory; and WHEREAS, the City of Irvine has indicated its willingness to detach the territory and will jointly submit an application with the City of Newport Beach to the Local Agency Formation Commission; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the previously certified Environmental Impact Report (EIR) (State Clearinghouse Number 95091032) prepared for Planning Area 26A Bonita Canyon Zone Change (Bonita Canyon) is adequate to serve the environmental document for this project; and WHEREAS, the City Council of the City of Newport Beach has considered information presented by the City Manager, Newport Beach Planning Commission, City of Irvine, The Irvine Company, and other interested parties at a public hearing held on October 27 and November 11, 1997; NOW, THEREFORE the City Council of the City of Newport Beach does hereby resolve as follows: Section i . The proposal for detachment of Bonita Canyon from the City of Irvine and annexation of the same to the City of Newport Beach is made pursuant to Part 3, Chapter 1 of the Cortese -Knox Local Government Reorganization Act of 1985. Section 2. The proposed change of organization consists of the detachment of approximately 340 acres from the City of Irvine with annexation to the City of Newport Beach as shown on Attachment A. Section 3. The proposed changes of organization are made for the purpose of establishing the Cities of Irvine and Newport Beach ultimate boundary along the San Joaquin Hills Transportation Corridor between MacArthur Boulevard and Bonita Canyon Road. . 9 Res 97 -79 Section 4. The proposal will result in a change to the City's Sphere of Influence. The City of Newport Beach's Sphere of Influence will be increased by approximately 340 acres. Section 5. The application for change of organization is submitted by the City Council of the City of Newport Beach. Section 6. The Local . Agency Formation Commission is hereby requested to undertake reorganization proceedings in the manner provided by the Cortese -Knox Local Government Reorganization Act of 1985. PASSED AND ADOPTED by the City Council of the City of Newport Beach at a regular meeting held on the loch day of November . 1997 ,- ,- / ATTEST: � f RESOLUTION NO. 97- 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AGREEING TO AN EXCHANGE RATE OF 100% OF THE PROPERTY TAXES TO THE CITY OF NEWPORT BEACH FOR THE ANNEXATION OF BONITTA CANYON WHEREAS, pursuant to the provisions of the Cortese -Knox Local Government Reorganization Act of 1985, proceedings will be initiated by the City of Newport Beach to annex territory situated in the City of Irvine, State of California, herein designated as "Bonita Canyon Reorganization' and described more particularly in Attachment "A" attached hereto and incorporated herein by this reference; and WHEREAS, the City of Newport Beach concurs that the tax revenues accruing for the area detached from the City of Irvine and annexed to the City of Newport Beach will be allocated in total to the City of Newport Beach; and WHEREAS, the City Council held public hearings on October 27, 1997, and November 10, 1997, to hear testimony of the City Manager and Planning Department staff, the land owner, and concerned citizens. NOW, THEREFORE the City Council of the City of Newport Beach does hereby resolve as follows: That pursuant to the Revenue and Taxation Code Section 99(b) regarding jurisdictional changes with respect to adjustments in allocation of property taxes, the City of Newport Beach requests that one hundred percent (100 %) of property tax revenues for the area detached from the City of Irvine and annexed to the City of Newport Beach be allocated in total to the City of Newport Beach. 0 • Res 97 -80 THIS RESOLUTION WAS ADOPTED by the City Council of the City of Newport Beach at a regular meeting held on the loch day of November $ 1997. ATTEST: �!�&rv- M, CITY CLERK • 0 E)MBIT "E" Mitigation Measures ao SECTION 8.0 FINAL MTTIGATION MONrrORING PROGRAM 8.1 INTRODUCTION Assembly Bill (AB) 3180 requires state and local agencies to adopt programs for the monitoring and reporting of the implementation of mitigation measures addressing the significant environmental impacts of projects the agencies approve subject to the California Environmental Quality Act (CEQA). Consistent with the requirements of AB 3180 and the State CEQA Guidelines, a Final Mitigation Monitoring Program has been developed by the City of Irvine for use in monitoring the implementation of the proposed PA 26 zone change. The City of Irvine has the authority to require and enforce the provisions of AB 3180 and the State CEQA Guidelines consistent with its existing police powers. As the Lead Agency for the environmental documentation for the proposed PA 26 zone change, the City is also the agency responsible for approving the Mitigation Monitoring Program and for accepting the written report documenting the completion of the implementation of the project mitigation measures. In general, the City of Irvine Community Development Department would be responsible for overseeing the implementation of the mitigation measures and for approving the measures as complete. 8.2 DEVELOPMENT OF THE M nGATION MONrrORING PROGRAM The basis of the Mitigation Monitoring Program is the mitigation measures identified by environmental impact category in Section 3.0 (Existing Conditions, Impacts, Mitigation and Level of Significance) of this Environmental Impact Report (EIR). In addition, after the circulation of the Draft EIR, these measures were modified and /or new measures added, based on comments received during the public review period. The mitigation measures in the Final Mitigation Monitoring Program for PA 26 include all the mitigation measures in the Draft EIR, as modified and expanded based on the responses to comments received on the Draft EIR. The development of the Mitigation Monitoring Program was based on the following procedures: ■ Identification of the specific mitigation measures proposed for PA 26 from Section 3.0 of the EIR. Refinements and additions to those measures in response to comments received on the Draft EIR are included in the Final Mitigation Monitoring Program. ■ Identification of the key dates, phasing and events in the implementation of the proposed project and the project mitigation measures. The measures are assumed to apply to all the individual projects that will be developed on PA 26. ■ Unless otherwise noted, it was assumed that the project developer would be responsible for implementing all the project mitigation measures. In some cases, the property owner and the developer may be two different parties; the party responsible for the implementation of the mitigation measure would be resolved between those two parties, as necessary. ■ Identification of the City of Irvine Departments that would be responsible for reviewing the monitoring and approving the implementation of each mitigation measure. Planning Area 26 (Bonita Canyon) Zone Change Page 8-1 TABLE S -1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 1 of 13 City Department or Other Mitigation Measures Trigger (T) and Implementation (1) Agencies for Review /Approval TOPOGRAPHY, SOILS, GEOLOGY AND SEISMICITY Measures for RiDnability and Oversim Materials GS -1 During development of final grading phew and find design, areas designated as requiring T. Final design and grading plana. Manager of Building and Safety ripping or blasting, or producing oversize materials greater than eight inches will be I: Grading. handled as follows: • Planned with minimum cuts. Deeper excavations can be made but refinements in the estimated depths for cuts will require site-specific refraction geophysical surveys and additional exploratory drilling. • Areas designated as requiring blasting should be avoided as much as possible, especially in areas involving die Paularino Member of the Topanga Formation. GS -2 if oversize materials are discovered during final design, proposed roads with underground T: Final design and grading plans. Manager of Building and Safety sewer, water and /or utility lines will be designed with final grades whidr will be undercut I: Grading. by IS feet and badrfnlled without oversize materials to allow for the arse of excavation for utBUtes in the future. if existing soil conditions do not contain oversize materials, the geotedmical engineer may determine an altercate appropriate grade to undercut roads with underground utilities. (Gl -2) G3-3 During final design, consideration will be given in the soils engineering report for designing T: Final design and grading plena. Manager of Building and Safety building pads to include overeraavation of a nani n an ofJive feet, to aflow for excavation 1: Grading. or shallow ootin s and utility trenches. (GI -2) GS-4 During grading, all oversize materials used in fills on PA 26 will be either crushed or T: Final design and grading plans. Manager of Building and Sa placed in windrows or rack blankets in accordance with minimum standard grading details. I: Grading. GS-5 During grading, if suitable space in deep fills is not available for rock disposal, disposal of T: Find design and grading plans. Manager of Building and Safety the rock on the site will be in areas designated to be non - structural or this material will be 1: Grading. disposed of off site. Measures for Landslides GS-6 To optimize grading in the landslide areas, a detailed geotechnical evaluation of each T: Final grading plan. Manager of Building and Safety landslide will be prepared during the preparation of the final grading plan. This evaluation I: Grading. will include geotechnical field exploration, stability analyses and observation daring grading. GS-7 During grading, identified landslides will be altered by remove of an average of the upper T: Grading. Manager of Building and Safety 15 feet of landslide material and stabilization by fill placement (burial of the landslide toe or 1: Grading. the entire landslide), complete removal of the landslides or establishment of a structural setback zone for development, consistent with the final grading plan and the detailed geotechnical evaluation. TABLE &1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 2 of 13 City Department or Other Mitigation Measures Trigger (T) and Implementation (1) Agencies for Review /Approval Measure for Debris Flows GS- 8 During final design, specific remediation for debris flows will be identified as needed. The T: Final design. Manager of Building and Safety debris flows will be mitigated by engineered treatment of the areas where they originate, 1: Grading and construction. avoidance of the area or by directing the flow path away from areas proposed for develop- ment. Such engineered solutions may include debris basins and deflection walls for directing debris flows into natural or man made channels. These design and engineering features will be considered on a case by case basis as needed. Measure for Slope Stability GS -9 During grading and final design, natural slopes and cut slopes requiring stabilization will be T: Final design and grading plans. Manager of Building and Safety treated with appropriate engineering techniques such as buttresses, stabilization fill, a fill 1: Grading. over native design, or a building setback zone, as needed. Measure for Unsuitable and /or Comomssible Soils GS -10 During grading, the upper marine terrace deposits on PA 26 will be excavated to a depth of T: Final grading plan. Manager of Building and Safety five feet below the existing ground surface and these materials will be removed and I: Grading. possibly replaced as properly compacted fill. Overexcavation will be required in all areas planned to receive fill and in areas where proposed cuts are less than five feet. Locally, deeper removals may be necessary based on conditions exposed during grading. At a minimum, the upper two feet of the river terrace deposits on the northern portion of PA 26B will require removal and recompaction prior to fill placement. Locally, removals in excess of two feet may be required, particularly in the northeastern portion of the site. In areas receiving fill or where structure developments are planned, slopewash shall be completely reproved. In all cases, the actual removal depths must be checked by the project geologist or geotechnical engineer during grading. Measure for Settlement and Waiting Periods for Structure Construction GS-11 Waiting periods between completion of earthwork operations and structure construction will T: Grading and construction. Manager of Building and Safety be established based on the results of settlement monitoring during and after completion of I: Grading and constriction. grading. These waiting periods will be followed during grading and construction. Measure for Structure Foundations GS -12 During final design, proposed structure foundations in areas of marine and river terrace T: Final design. Manager of Building and Safety deposits will incorporate special design features such as extra reinforcement and post- 1: Grading and construction. tensioned slabs. TABLE 8 -1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 3 of 13 City Department or Other Mitigation Measures Trigger (T) and Implementation (1) Agencies for Review /Approval Measures for Existing Underaromhd Pipelines OS-13 During grading, a minimum five fat of soil cover shall be maintained between earthmoving T: Final grading plan. Manager of Building and Safety equipment and the existing underground pipelines on the site. With the five feet of 1: Grading. minimum cover, the maximum vertical stresses induced on the pipeline are estimated at 3,2OO pounds per square inch (psi). OS-14 To mitigate potential hydroecnsolidation settlements of up to 1 1/2 inches, a structural T: Final grading plan. Manager of Building and Sa engineer will determine if the existing underground pipelines on the site are able to tolerate 1.• Grading. such settlements. If not, the final grading plans will be modified to promote run off and irrigation and landscaping shall be planned for drought resistant species. The pipeline owners/operstors should evaluate the ability of the pipeline to absorb the estimated stresses and settlements without damage. Measure Related to Groundwater OS -15 During final design, all canyon bottoms and local areas of groundwater in bedrock prepared T: Final design. Manager of Building and Safety for fill placement will be designed with conventional subdrain installations and outlet to 1.• Grading and construction. non-erosive drainage devices in the canyons. HYDROLOGY AND WATER QUALITY The City of Irvine standard conditions of approval will substantially mitigate the potential adverse Not applicable. Not applicabl& impacts of the proposed PA 26 zone change related to erosion, siltation, water quality, flood control and runoff, to below a level of significance. Therefore, no additional mitigation is required. Air Ouality Measures for Construction Related Impacts AQ -1 During all site preparation, grading and construction activities, particulate control measures, T: Site preparation. Manager of Building and Safety consistent with Tables 1 and 2 of AQMD Rule 403, shown in Figure 3 -9 and 3 -10, will be I: Site preparation. implemented by the construction contractors, for the control of PMIO related emissions. AQ -2 Construction contractors will be required to use low emission mobile construction T: Site preparation. Manager of Building and Safety equipment during all site preparation, grading and construction activities, where feasible. 1: Site preparation. AQ -3 Construction contractors will be required to maintain all construction equipment engines T: Site preparation. Manager of Building and Safety tuned consistent with the manufacturer's specifications during all site preparation; grading I: Site preparation. and construction activities. TABLE 8 -1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 4 or 13 City Department or Other Mitigation Measures Trigger (T) and impleme►tation m Agencies for Review /Approval AQ-4 Construction contractors will be required to use low sulfur fuel for stationary constnuction T: Site preparation. Manager of Building and Safety equipment as required by AQMD Rules 431.1 and 431.2 and will be required to use 1: Site preparation. existing power sources and clean fuel generators as feasible, during all site preparation, grading and construction activities. AQ-5 Construction contractors will be required to provide traffic management and parking during T: Site preparation. Manager of Building and Safety all site preparation, grading and construction to minimize impacts associated with traffic and 1: Site preparation. parking. This may include, but is not limited to, the following: Configuration of construction parking to minimize interference with traffic on local streets. - Minimizing obstruction of through traffic on local streets. - Provision of a Bag person to properly guide traffic and ensure safety at construction sites. - Scheduling of operations affecting traffic for off peak hours, where feasible. - Implementation of a trip reduction plan to achieve a 1.5 average vehicle ridership (AVR) for construction employees. - Development of a traffic plan to minimize traffic flow interference from construction activities, including, but not limited to, advance public notice of routing, use of public transportation and satellite parking areas with a shuttle service, as appropriate. Local Air Ouality The proposed PA 26 zone change will not result in significant adverse impacts on local air quality. Not applicable. Not applicable. No mitigation is required. Regional Air Quality The most significant reductions in regional and load air pollutant emissions are attainable through Not applicable. Not applicable. programs which reduce the peak hour vehicular travel associated with a project. The City of Irvine has adopted a Trip Reduction Program Ordinance (Ordinance No. 96-03) for compliance with the requirements of the Congestion Management Program (CMP -AB 1791). The Ordinance contains a variety of transportation demand management (TDM) measures for reducing peak hour trips. All non - residential land uses in PA 26 will be required to comply with the requirements of the Ordinance. TABLE 8-1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 5 of 13 Mitigation Measures Trigger M and Implementation (D City Departtnenrt or Other Agencies for Review /Approval Regioal Air Quality (continued) In addition, support of and compliance with the AQMP for the Basin is another important way in reducing regional and local air pollutant emissions. The AQMP insides improvement of mare transit facilities and energy conservation measures. The proposed PA 26 zone change is consistent with the AQMP. In addition, as described earlier, PA 26 includes a number of features recommended in the AQMP to reduce regional emissions. Therefore, no further mitigation is UfteMly rel ated to POtentilit impacts on Mgiornat air quality. BIOLOGICAL RESOURCES Relevant Mitigation Measures with Prior NCCP Approval B -I California Gnstmicher. The NCCP proposes that certain construction related minimization T: Site preparation. Project Biologist measures be required to assure that site preparation, grading or construction within area I: Prior to any site disturbance and authorized for incidental take of coastal sage scrub (CSS) be conducted in a way that during all site disturbance minimizes impacts on gnatcatchers. The following measures are adapted from the Draft activities during the breeding NCCP EIR/EIS. season. No grading of CSS habitat that is occupied by nesting gnatcatchers, or within 500 feet of an active rest, will occur during the breeding season from February 15 to July 15. it is understood that this and the remaining provisions of the construction related minimization measures apply only during the breeding season and we subject to public health and safety considerations. Prior to any site preparation, grading or construction related activities that would involve disturbance to CSS during the breeding season, a survey will be conducted by a qualified biologist to determine if gnatcatchers may be present within 100 feet of the outer extent of projected soil disturbance activities. These surveys will consist of a series of three visits and will follow USFWS guidelines. The locations of any gnatcatchers detected during the surveys will be clearly marked and identified on the construction/grading plans. In addition, prior to site preparation, grading or construction, all areas of CSS habitat to be avoided under the provisions of the NCCP shall be identified with temporary fencing or other markers clearly visible to construction personnel. A qualified monitoring biologist will be on site during any clearing of CSS during the breeding season. The landowner or relevant public agency /utility will advise USFWS and CDFG at least seven, and preferably, 14 calendar days prior to the clearing of any habitat occupied by gnatcatchers. It is the responsibility of the monitoring biologist to assure that all construction activities stay in the construction easement and that gnatcatchets are We to disperse from the construction area to avoid being directly impacted by site preparation, grading or construction related activities. TABLE &1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 6 of 13 Mitigation Measures Trigger (T) and Implementation (1) City Department or Other Agencies-far-Review/Approval B-1 (Continued) Following the completion of initial grading /earth movement activities during the breeding season, all areas of CSS habitat to be avoided by construction equipment and personnel will be marked with temporary fencing or other markers clearly visible to construction personnel. No construction access, parking or storage of equipment will be permitted within such marred areas. In areas bordering the NCCP Reserve system or Special Linkage areas containing significant CSS, vehicle transportation routes between grading /conshuction locations will be restricted to a minimum number during construction, consistent with the project construction requirements. Waste dirt or rubble will not be deposited on adjacent CSS identified to be protected. CSS identified for protection and located within the likely dust drift radius of construction areas will be periodically sprayed with water to reduce accumulated dust on the leaves as recommended by the monitoring biologist. Preconstruction meetings involving the monitoring biologist, construction supervisors and equipment operators will be conducted and documented to ensure adherence to these measures. B-2 Wetlands and Riparian Habitats. The impacts on riparian habitats will be mitigated to T: Site prepartion. Project Biologist below a level of significance as part of the mitigation required for a Section 404 permit 1: Prior to any site preparation. (ACOE) and Section 1603 Agreement (CDFG) for impacts on these habitats. The permit and agreement will require the replacement of these habitats in such a manner as to result in no net loss of wetlands and riparian resources. Therefore, some restoration is anticipated for those resource values lost as a result of the PA 26 zone change. Impacts are expected to be mitigated by revegetation and remediation through consultation with the resource agencies. A riparian revegetaton plan will be prepared and coordinated with the ACOE and CDFG as necessary. The requirements of the permit and agreement will be incorporated into to riparian revegetation plan and overall mitigation monitoring process. Potential locations that my be suitable for revegetation /restoration as replacement of lost riparian resources on site include the arroyo park area in the western portion of PA 26, in the vicinity of Bonita Reservoir or along the drainage below the San Joaquin Reservoir. In addition, there may be suitable areas for off site revegetation /restoration in Preservation Area M, In the San Joaquin Marsh wettmrd mitigation area and/or on other sites designated by the CDFG and the ACOE. (GI 5) By replacing impacted habitat within the vicinity, consistent with the NCCP reserve design, no net loss of wetland habitat values will be incurred over the long term. .lu TABLE 8 -1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 9 of 13 Mitigation Meamm Trigger ff) and Implententatiom (1) City Department or Other Agencies for Review/Approval Relevant Mitigation Measures with No Prior NCCP Aparoval B -1 Consistent with the Section 4(d) nde of the Federal Endangered Species Act, an interim T. Site preparation. Project Biologist Habitat Loss Mitigation Plan must be prepared that would offset impacts on coastal saga I: Breeding season prior to site scrub habitat occupied by the California gnatcatcher. To mitigate for the loss of 52.9 acres preparation. of coastal sage scrub, the Interim Habitat Lass Mitigation Plan will include a revegetation plan that identifies the area to be revegetated with coastal sage scrub species. This area will be geographically depicted on an exhibit and identify areas for seeding, planting, duff treatment or other appropriate restoration methods. The plan will identify the total acreage programmed to be restored, the overall objective of the plan, planting methods, any required irrigation, maintenance and monitoring requirements, performance standards, and reporting intervals and duration. The plan will be coordinated with the County of Orange and the USFWS to ensure their respective input is incorporated in the Plan. The candidate locations for the coastal sage scrub revegetation will include appropriate locations on the PA 26 site or in the vicinity of the San Joaquin Hills, such as Preservation Area M or other areas within the NCCP reserve design that are suitable for enhancement. The locations will be identified within the Coastal subarea and coordinated with the County and the USFWS. Specific acreages will be deter- mined based on sites that are available and suitable for revegetation of coastal sage scrub. B -2 Pacific Pocket Monae. Directed surveys for the Pacific pocket mouse will be performed on T. Site preparation. Project Biologist the PA 26 site during the springiannu r (GI -5) season prior to site preparation, grading or I: Prior to any site preparation. construction. If present, this species would potentially incur significant impacts as a result of the proposed PA 26 zone change. Only biologists that possess a USFWS Section 10(a) permit for the Pacific pocket mouse may conduct these surveys. Consistent with the permit requirements, the USFWS will be informed prior to initiation of the surveys, and kept appraised of the results. The results of these directed surveys will be used to determine the extent of impacts of the proposed PA 26 zone change on the Pacific pocket mouse and any appropriate remedial measures. TABLE 8-1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 8 of 13 City Department or Other Mitigation Measures Trigger (T) and Implementation (1) Agencies for Review /Approval B -3 Wetlands and Riparian Habitats. The impacts on riparian habitats will be mitigated to T: Site preparation. Project Biologist below a level of significance as part of the mitigation required for a Section 404 permit f: Prior to any site preparation. (ACOE) and Section 1603 Agreement (CDFG) for impacts on dress habitats. The permit and agreement will require the replacement of these habitats in such a manner as to result in no net loss of wetlands and riparian resources. Therefore, some restoration is anticipated for those resource values lost as a result of the PA 26 zone change. Impacts are expected to be mitigated by revegetation and remediadon through consultation with the resource agencies. A riparian revegetation plan will be prepared and coordinated with the ACOE and CDFG as necessary. The requirements of the permit and agreement will be incorporated into the riparian revegetation plan and overall mitigation monitoring process. Potential locations that may be suitable for revegetation/restoration as replacement of lost riparian resources on site include the arroyo park area in the western portion of PA 26, in the vicinity of Bonita Reservoir or along the drainage below the San Joaquin Reservoir. In addition, there may be suitable areas for off site revegetation/ restoration in Preservation Area M, in the San Joaquin Marsh wetland mitigation area and /ear on other sites designated by the CDFG and the ACOE." (GI -5) By replacing impacted habitat within the vicinity, consistent with the NCCP reserve design, no net loss of wetland habitat values will be incurred over the long term. NOISE Measures for Construction Related Noise Impacts N -1 Local Control of Construction Hours. All site preparation, grading and construction T: Site preparation. Manager of Building and Safety activities shall be limited to between 7 AM and 7 PM on weekdays, and 9 AM and 6 PM I: Site preparation. on Saturdays. No site preparation, grading or construction will be allowed on Sundays or Federal holidays unless otherwise exempted by the City of Irvine building official. N -2 Limits on Truck Spy. During all site preparation, grading and construction, the speed of T: Site preparation. Manager of Building and S trucks will be limited to 15 miles per hour (mph) while traveling on the PA 26 site. 1: Site preparation. N -3 Truck Routes. During all site preparation, grading and construction, trucks and large T: Site preparation. Manager of Transportation construction vehicles will be restricted from travelling through residential areas. Truck I: Site preparation. Services routes to and from the PA 26 site shall be limited to the S1H7r, Newport Coast Drive, Bison Avenue and Bonita Canyon Road between MacArthur Boulevard and the SIHTt:, to the greatest extent possible. In the event travel tourer for construction equipment anwor trucks include any streets in the City of Newport Beach other than MacArthur Boulevard or Ford Road east of MacArthur Boulevard, the construction contractor will be required to have the travel route reviewed by the City of Newport Beach Transportation and Development Services Manager, for consistency with the City of Newport Beach rules and re ulations. (L942) N-4 Pile Drivers. The use of pile drivers will be avoided to the greatest extent feasible during T: Grading and construction. Manager of Building and Safety construction. 1: Grading and construction. TABLE 8 -1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 9 of 13 City Department or Other Mitigation Measures Trigger (T) and Implementation (1) Agereies for Review /Approval N-4 Pile Drivers. The use of pile drivers will be avoided to the greatest extent feasible during T: Grading and construction. Manager of Building and Safety construction. 1: Grading and construction. Off Site Noise Impim The proposed PA 26 zone change will not result in significant adverse off site noise impacts. No Not applicable. Not applicable. mitigation is necessary. Mitigation for On Site Noise Impacts The City's standard condition of approval related to the requirement for acoustical reports for Not applicable. Not applicable. residential and other developments, consistent with the Noise Ordinance, would substantially reduce or avoid significant adverse noise impacts on the PA 26 site. These acoustical reports will identify the site specific need for sound walls and other design features to reduce project related noise levels to within the City's defined standards. No further mitigation is necessary. LAND USE The proposed PA 26 zone change will not insult in any significant adverse impacts related to land. Not applicable. Not applicable. Therefore, no mitigation is necessary. TRANSPORTATION AND CIRCULATION Interim Year Measure T -I The lane deployment for the wastbound approach of the intersection of MacArthur T: Based on forecasted traffic Manager of Transportation Boulevard and Bison Avenue will be modified by converting the second westbound through volumes. Services lane on Bison Avenue to a third westbound left turn lane. I: Based on forecasted traffic volumes. Long Range Measure T -2 The lane deployment for the westbound approach of the intersection of University Drive T: Based on forecasted traffic Manager of Transportation and Ridgeline Drive will be modified by converting the westbound through lane on volumes. Services Ridgeline Drive to a shared westbound through /second right turn lane. 1: Based on forecasted traffic volumes. PUBLIC SERVICES AND UTILITIES PS-1 During final design, the project applicant/contractor will coordinate with the applicable T: Final design. City Engineer utility companies to determine their needs to accommodate new conduits and to protect 1: Grading and construction. existing facilities on PA 26 during construction. TABLE 8 -1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 19 of 13 City Department or Othr Mitigation Measures Trifler (T) and Implementation (1) Agencies for Review /Approval PS -3 The Irvine Company will continue to work with the Irvine Unified School District (IUSD) T: First Tentative Tract Map. Manager of Planning and and Newport -Mesa School District regarding which school district the residential portions of 1: As needed. Development Services PA 26 will be served by. In particular, if PA 26 is partially or totally within the IUSD, the Irvine Company will identify a school site within PA 26 prior to the first Tentative Tract Map approval for PA 26. PS-4 Prior to the recordation of the final map, the protect developer will enter into a security T: First Tentative Tract Map. Manager of Planning and agreement with the Orange Comity Fire Authority to mitigate any potential adverse impacts 1: As needed. Development Services and of the PA 26 Zone change on the OCFA. This agreement may include parric4union on a OCFA prorata basis In funding capital improvements necessary to establish adequate fire protection facilities and equipment to smv PA 26. (L12 -6) NATURAL RESOURCES AND ENERGY The proposed PA 26 zone change will not result in significant adverse impacts related to natural resources and energy and no mitigation is required. However, to ensure that energy efficiency is incorporated in the design of structures on PA 26, the following measure is proposed. NR -1 In conjunction with the submittal of applications for praise grading permits, the project T: Grading permit application. Manager of Building and Safety developer will submit a report to the Director of Community Development which 1: Construction. demonstrates that the use of alternative energy sources and current energy efficient technologies have been considered in the project design. The alternative sources of energy shall emphasize renewable energy and the technologies shall include methods or equipment in the construction of the proposed project as well as an analysis of innovative infrastructure that would take advantage of the complementary energy consumption patterns (e.g. energy sharing) in nearby Planning Areas 25, 27, 29 and 50. The conclusion of the report will indicate which ideas will be incorporated into this project and which will not. For those ideas that are not incorporated, the report will indicate why these am not incorporated. AESTHETICS, LIGHT AND GLARE Measures Related to Aesthetics AES -I Prior to the issuance of preliminary or precise grading permits, the project developer will T: Grading permit application. Manager of Planning and submit and receive approval for a Master Plan and landscape plans for PA 26 that 1: Grading and construction. Development Services specifically address residential, recreational and commercial landscape design, streetscape design and City edge landscape design treatments. The landscape plans shall be submitted by the applicant prior to submittal of the preliminary or precise grading permits and shall comply with all applicable City of Irvine ordinances and regulations. TABLE 8 -1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 11 of 13 City Department or Other Mitigation Measures Trigger (T) and Implementation (Q Agencies for Review /Approval Measures for Light and Glare AES-2 The use of reflective building materials for structures on PA 26 shall be restricted to T. Final design. Manager of Building and Safety minimize die potential for glare impacts. During final design, the applicant will submit a I: Construction. building materials list for approval by the City Community Development Department, AES -3 Prior to the issuance of building permits, the project developer shall submit and obtain T: Building permits. Manager of Building and Safety approved plans which verify that all outdoor lighting and fixtures are designed and located 1: Construction. so that all direct rays from the lights are contained within PA 26 and adjacent residential properties are protected from (lover light and glare. CULTURAL RESOURCES The existing standard condition of approval will require the project developer to prepare written Not applicable. Not applicable. recommendations specifying procedures for cultural and scientific resources surveillance during ground disturbing activities on PA 26. These procedures will include identification of the need for pre - disturbance surveys and datalresource recovery, monitoring during ground disturbing activities and procedures to address handling of previously unknown resources during ground disturbing activities. Therefore, no mitigation, beyond the existing standard condition of approval A.5, is required for the proposed PA 26 zone change. RECREATION The proposed PA 26 none change is not expected to result in adverse impacts related to recreation. Not applicable. Not applicable. No mitigation is required, PUBLIC HEALTH AND SAFETY No mitigation is necessary related to hazardous materials, fire hazards or aircraft operations. Not applicable. Not applicable. Mitigation measures related to seismic impacts were discussed previously in Topography, Soils, Geology and Seismicity. Measures related to flood impacts were discussed previously in Hydrology and Water Quality. TABLE 8-1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 12 of 13 Mitigation Measures Trigger (T) and implementation (1) City Department or Other Agencies for ReviewlApproral PH -l. LFGMltieation Proeram. The hvine Company will submit an LFG Mitigation Program to T: Final design. Manager of Building and Safety the Orange County Solid Waste Load Enforcement Agency (LEA), addressing the risk of 1: Construction. LFG migration fiom the former Coyote Canyon Lanhfll, for review and approval by the LEA. It is anticipated the implementation of the LPG Mitigation Program will be phased as development on PA 26 occurs. The LEA approval of the Program will be obtained prior to the approval of the first building permit within PA 26. The Program will include, but will not be limited to, the following: A. LAB Gas Mitieadon System. The project applicant, in coordination with the SCAQMD, California Integrated Waste Management Board, County Integrated Waste Management Department and the landfill gas (LFG) recovery system operator, will provide for the backup system described in the following paragraph, to supplement the LFG recovery system at the closed Coyote Canyon Landfill, where redundancy is warranted along the boundary of those portions of PA 26 planned for development and the Landfill. installation of m0ki -depth extraction wells by the applicant, in native soil along the perimeter of the Landfill, spaced 50 to 200 feu apart and at depths equivalent to the lowest depth of reface as determined by a qual{hed landfill expert. These additional wells will be designed and sited to intercept and collect LFG migrating from the interior refuse mass through the substrata. The well spacing will be designed so that the sphere of influence of each well will overlap the adjoining wit's sphere of ir{Jluence, providing a curtain vacuum that will intercept or collect all the LFG in the area. The system could be designed to have the necessary controls so that each well or individual collector may be controlled separately. The project applicant wilt work with the LFG recovery operator to integrate the perimeter system with the existing LFG recovery system, if integration it feasible without adversely affecting the existing system. Otherwise, a separate system will be constructed by the project applicant. B. LFG Monitoring. A series of multi -depth LFG monitoring probes, in native soil along the boundary of those portions of PA 26 planned far development and the LaudJill, will be installed and monitored by the project applicant and coordinated with the County Integrated Waste Management Department and the LFG recovery system operator. Monitoring and maintenance of the LFG monitoring system shall be the responsibility of the applicant, until such time as the responsibility of the system is assumed by the County or its designee. The monitoring activities will rely on data obtained from existing probes and any additional probes that may be installed, and on the recommendation of a qualfiel geologist. The monitoring will be conducted in accordance with the SCAQMD protocol applying to perimeter sampling probes. TABLE g -1 MITIGATION MONITORING PROGRAM FOR THE PA 26 ZONE CHANGE Page 13 of 13 Mitigation Measures Trigger M and hnplementation M City Department or Other Agencies for Review /Approval . PH-1 (Continued) C. Residential Serbatdcs. Unless the LFG monitoring results require a greater setback, no residential structure in PA 26 shall be placed within 100 feet of the limits of refine. For any structures between 100 and 2SOfeet of the reface limit, building permits will be subject to the approval of the Orange County Health Care Agency. D. Comtrmaion Related MUiration. Studies of other landfills in similar geologic settings tmficate that, with an appropriate LFG mitigation control system at the landfill perimeter, the migration of LFG can be controlled at the landfill boundary. Nonetheless, a variety of construction methods will be evaluated and implemented, if appropriate. These methods may include foundation shielding and seating of utility conduits. The environmental review conducted for individual projects in PA 26 will evaluate the necessity for the implementation of these types of construction methods. (L13 -45 SOCIOECONOMICS The proposed PA 26 zone change will not result in significant adverse short or long term impacts Not applicable. Not applicable. on population, housing and employment. Therefore, no mitigation is necessary. 8.3 MITIGATION MONITORING PROGRAM Table 8 -1 provides the following information: ■ List of all the mitigation measures for PA 26 from Section 3.0 of this EER, as modified based on comments received on the Draft EIR. ■ The appropriate schedule for the implementation of each measure. ■ The City of Irvine Department or Departments responsible for reviewing and approving the documentation regarding the implementation of each measure. The Mitigation Monitoring Program includes the following procedures for the monitoring and reporting functions: ■ The City of Irvine Community Development Department will be responsible for reviewing the project grading plans and the Public Works Department will be responsible for reviewing construction plans to ensure that the appropriate mitigation measures are properly documented on the project plans. ■ The project developer will be responsible for contracting with the required specialists for implementing the individual measures, documenting the implementation of each measure and providing written documentation of the successful implementation of each measure to the City of Irvine Community Development Department. The written documentation can be provided on a City of Irvine mitigation monitoring checklist or any other similar form that clearly describes the mitigation measure, the implementation schedule, the specialists used for the implementation or monitoring, the monitoring activities and other relevant information. The final report on the Mitigation Monitoring Program for each individual project in PA 26 will be kept in the relevant project files at the City of Irvine. 8.4 STANDARD CONDMONS OF APPROVAL In addition to the mitigation measures in Table 8 -1, there are a number of City of Irvine standard conditions of approval that also apply to the proposed PA 26 zone change. These conditions will substantially avoid or reduce the potential significant adverse impacts of this proposed zone change. The satisfaction of the City's standard conditions are monitored and documented by the City as part of its internal project review and approval processes. Therefore, it is not necessary to include these conditions in the Mitigation Monitoring Program for PA 26. The language of the applicable conditions was provided earlier, by environmental parameter, in Section 3.0 (E)isting Conditions, Impacts, Mitigation and Level of Significance After Mitigation). Planning Area 26 (Bonita Carryon) Zone Change P &2 Page