HomeMy WebLinkAboutC-3979(A) - MOU (Affordable Housing for Santa Barbara Condominiums)�A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CALIFORNIA
COASTAL COMMISSION, CTrY OF NEWPORT BEACH, THE NEW HOME
COMPANY SOUTHERN CALIFORNIA, LLC, AND CRYSTAL COVE ALLIANCE
This MEMORANDUM OF UNDERSTANDING is entered into this bfh day of
(�1�1ti1ViIJL 2012 ( "MOU "), by and among the CALIFORNIA COASTAL
COMMISSION, a public agency, created and existing under the authority of section 30300 of the
California Public Resources Code ( "Commission "), the CITY OF NEWPORT BEACH, a
municipal corporation, through its duly elected, appointed, qualified or acting representatives
( "City "), THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited
liability company ( "New Hom ;') an authorized agent for HHR Newport Beach LLC, a Delaware
limited liability company ( "Landowner "), and CRYSTAL COVE ALLIANCE, a California non-
profit corporation ( "Alliance "), with reference to the following:
RECITALS
A. WHEREAS, pursuant to Section 30600(a) of the California Public Resources
Code and Chapter 20.94 of the Newport Beach Municipal Code, Lennar Homes of California,
Inc., a California corporation ( "Original Applicant'% acting as agent for Landowner, applied to
the City of Newport Beach for a General Plan Amendment to change the land use designations
of a 4.25 acre site from APF to Multiple- family Residential, an Amendment to the 2004
Coastal Land Use Plan ("CLUP ") to change the land use designation from Visitor- Serving
Commercial (CV -B) to Medium Density Residential C (RM -C), a parcel map to subdivide the
subject property from the hotel development, a Tract Map for the condominium ownership, a
Coastal Residential Development Permit and a Zoning code amendment for the adoption of the
Santa Barbara Residential Planned Community District Regulations for the property located at
900 Newport Center Drive, which application was assigned by the City the number PA 2004-
169;
B. WHEREAS, on January 10, 2006, the Newport Beach City Council passed
Resolution No. 2006 -2 approving Code Amendment No. 2005 -003 amending the Zoning
Map and adopting the Santa Barbara Residential Planted Community District
Development Regulations and approving CLUP Amendment No. 2005 -001 for the 4.25
acre property located at 900 Newport Center Drive ( "Property");
C. WHEREAS, on July 10, 2007 the California Coastal Commission approved Local
Coastal Program Land Use Plan Amendment NPB- MAJ- 1- 06( Part A) for the Property with two
suggested modifications which required further approval by the City of Newport Beach;
D. WHEREAS, on July 24, 2007 the Newport Beach City Council passed
Resolution 2007 -56, approving CLUP Amendment No. 2005 -001 (NPB- MAJ -1 -06) as
modified by the California Coastal Commission on Iuly 10, 2007;
E. WHEREAS, as a result of approving the Commission's suggested modifications
in Resolution 2007 -56, the City of Newport Beach CLUP adopted Section 2.3.1 -8 which requires
a payment of a fee to mitigate for the loss of visitor - serving land ("Mitigation Fee"); the
Mitigation Fee shall be used for the protection, enhancement and provision of lower -cost visitor -
serving uses at Crystal Cove State Park; the Mitigation Fee shall be in the amount of Five
Million Dollars ($5,000,000.00) to off -set the loss of the priority land use in Newport Center;
the Mitigation Fee shall be paid prior to issuance of any coastal development permit granted for
any residential project within the newly designated area and to an entity, identified by the
permitting agency, capable of implementing the mitigation at Crystal Cove State Park (Crystal
Cove Alliance); until paid in accordance with the terms and conditions of the coastal
development permit, the amount shall be increased every July lst by an amount calculated on the
basis of the percentage change from the year 2007 in the California Consumer Price Index for
Urban Consumers as determined by the entity that grants the coastal development permit;
F. WHEREAS, on September 5, 2007, the California Coastal Commission
( "Commission ") approved Coastal Development Permit No. 05 -07 -085 ("2007 CDP ')
authorizing the development of 79 residential townhome units on a 4.25 acre site including 3
buildings, and subterranean parking (the "Project' ), subject to five (5) Special Conditions (see
attached Exhibit A . Although the 2007 CDP has not yet been issued, the Commission has
approved three extensions for the permit, through September 5, 2012. The Original Applicant as
permittee under the 2007 CDP or any successors in interest, remain responsible for compliance
with all outstanding Special Conditions adopted in connection with the 2007 CDP;
G. WHEREAS, Special Condition 5 of the 2007 CDP required that, prior to issuance
of the 2007 CDP, the Original Applicant acting as agent for Landowner, or any successor(s) in
interest to the subject property, to pay a fee to Alliance in accordance with the agreement
described and required in Special Condition 5., in an amount not less than $5,000,000.00, to be
used for the protection, enhancement and provision of lower -cost visitor- serving uses at Crystal
Cove State Park, Newport Beach, California, as more specifically defined in Special Condition 5
of the 2007 CDP;
if. WHEREAS, Original Applicant is no longer acting as agent for the Landowner
with respect to the 2007 CDP, and Landowner has assumed responsibility for compliance with
the 2007 CDP;
I. WHEREAS, New Home is under contract to acquire the 4.25 acre property and
desires to develop the Project if amended, and is acting as the requesting agent for Landowner
with respect to compliance with the 2007 CDP, and intends to accept assignment of any and all
rights, obligations and responsibilities of Landowner pursuant to the 2007 CDP;
J. WHEREAS, New Home, acting as agent for Landowner, has applied to the
Commission for an amendment to, among other things, revise Special Condition 5 of the 2007
CDP to provide for the payment of the $5,000,000.00 Mitigation Fee and construction of the
residential condominium units in accordance with New Home's proposed phasing of
development of the Project;
K. WHEREAS, in its amendment application to the Commission, New Home has
proposed to construct the Project in two phases consisting of Twenty -Six (26) residential
condominium units in Phase 1, and Fifty -Three (53) residential condominium units in Phase 2;
and
L. WHEREAS, the Parties desire to enter into this MOU to set forth the measures
by which the Parties will implement and satisfy the terms of Special Condition 5 to the 2007
CDP, as may be amended by the Commission in its consideration of New Home's current CDP
amendment application ( "2012 Amended CDP');
NOW, THEREFORE, it is mutually agreed by and among the undersigned parties as
follows:
1. Upon execution of this MOU by all parties, and in satisfaction of Special
Condition 5 of the 2007 CDP, as may be amended by the Commission and in accordance with
the payment schedule set forth below, New Home shall provide to Alliance an amount not less
than Five Million and Noll 00 DoIiars ($5, 000,000.00) to be used for the protection, enhancement
and provision of lower -oost visitor - serving uses at Crystal Cove State Park, Newport Beach. The
funds shall be paid by cashier's check and provided in accordance with the following schedule:
• $1,645,569.00 prior to the date of issuance of the 2012 Amended CDP by the
Commission, if such amendment is approved by the Commission;
• $3,354,431.00 prior to issuance by the City of the Building Permit for the
construction of New Home's Phase 2 development which shall be the Twenty -
Seventh (27th) residential unit for the Project ("Second Payment"}.
If New Home does not transfer funds of the Second Payment within 24 months of
the Commission's date of issuance of the 2012 Amended CDP ("24 -Month
Period "), then New Home shall immediately deliver the Second Payment of
$3,354,431.00 to Alliance on the day of the expiration of the 24 -Month Period or as
that date may be modified by the provision of Paragraph 8 herein. For the purposes
of this MOU, the "date of issuance," if any, of the 2012 Amended CDP means the
date the Commission issues the 2012 Amended CDP so that development
authorized by the 2012 Amended CDP may be undertaken.
2. Alliance shall utilize all funds transferred to Alliance pursuant to this MOU,
including any accrued interest, to plan, design, provide construction management, obtain permits,
complete necessary mitigation measures, complete environmental analysis and the ongoing
restoration of the Historic District at Crystal Cove State Park in Newport Beach, California,
which includes only completion of affordable, overnight accommodations, including 17 cottages
and all necessary supporting infrastructure (the "Crystal Cove Project "). The Alliance shall
submit a final plan for use of the funds to the Executive Director for review and approval within
24 months of the date on which the funds are transferred to the Alliance.
3. Alliance shall obtain all necessary regulatory approvals, including but not limited
to a coastal development permit, which shall specify the elements of the Crystal Cove Project for
which the funds transferred pursuant to this MOU are to be used.
4. Notwithstanding Alliance's use of funds derived from fees collected by the
Commission, and the review of plans and/or programs by the Commission or its Executive
Director pursuant to this MOU prior to the Alliance's use of those funds, Alliance hereby agrees
to assume responsibility for and liability arising out of any actions, activities, construction and/or
development that Alliance undertakes with the assistance of the funds granted under this MOU.
5. During any period that funds transferred pursuant to this MOU are held by
Alliance, the funds shall be deposited in a separate and independent interest- bearing account
created solely to manage the funds as well as provisions to limit the use of funds for
administrative costs (which shall not exceed 5% of the total funds transferred to the Alliance).
All of the transferred monies, along with accrued interest including any interest which may
accrue while Alliance holds the funds, shall be utilized solely for the purposes set forth in this
MOU. Any reference to the funds or monies to be utilized pursuant to this MOU shall include
all such interest.
6. The terms of this MOU shall become effective upon the date set forth by the last
party to execute the MOU and shall continue thereafter until the satisfactory completion of the
obligations of the parties as described herein and exhaustion of the funds to be utilized pursuant
to this MOLT, unless altered by written and signed amendment of this MOU. The MOU may be
altered, changed, or amended only by mutual consent of all the parties. Any changes or
amendments must be in writing and signed by both all parties before such change or amendment
shall take effect.
7. City agrees that it will not issue the Building Permit for Phase 2 of the Project
which shall be the Twenty - Seventh (27th) residential unit of the Project until New Home has .
provided documentation that it has paid the Second Payment to Alliance, and Alliance has
confirmed its receipt. New Home shall provide the Executive Director with a copy of the
documentation provided to the City. The Alliance shall also provide the Executive Director with
confirmation of its receipt of the Second Payment, prior to the issuance of a Building Permit for
Phase 2 of the Project.
8. New Home agrees that it shall pay the Second Payment prior to the issuance by
the City of the Building Permit for the 27th residential unit of the Project, but no later than
Twenty-Four (24) months from the Commission's date of issuance of the 2012 Amended CDP.
New Home may request one extension of time from the Executive Director for one additional
period, not to exceed Eighteen (18) months, in which to pay the Second Payment. Such
extension of time shall include an increase in the amount of the Second Payment by an amount
calculated on the basis of the percentage change in the California Consumer Price Index for
Urban Consumers, as determined by the Executive Director, from the year the 2012 Amendment
CDP is granted. If approved by the Executive Director, this extension shall expire Forty -Two
(42) months from the date of issuance of the 2012 Amended CDP. On or before the date of
expiration of the extension, New Home shall deliver the Second Payment to Alliance. The
extension request shall be submitted in writing to the Executive Director of the Coastal
Commission prior to the Twenty -Fourth (24th) month from the date of issuance of the 2012
Amended CDP, stating the reasons for the delay in making the Second Payment, and the
Executive Director may, in his or her discretion, grant an extension of time not to exceed
Eighteen (18) months for payment of the Second Payment.
9. The Alliance shall use the funds to complete the project identified in the approved
final plan in a diligent manner, not to exceed S years from the date of transfer of all the funds to
the Alliance. The final plan shall include provisions to address any failure to complete the
project, including but not limited to, transfer of the funds to an alternate entity able to implement
the final plan, or, if approved by an amendment to the coastal development permit, to apply the
funds to an alternative project that provides lower cost visitor serving opportunities in the coastal
area of Orange or Los Angeles County.
Only the Commission or the Alliance, as parties to this MOU, may for good cause
terminate this MOU as it relates to Alliance's compliance with the terms herein with respect to
utilization of the funds, as described in Sections 2 -6 and 9, above. Notice of termination shall be
provided in writing 30 days prior to the effective date of termination. In the event of
termination, any and all unspent portion of the Mitigation Fee shall be transferred by Alliance to
the Commission or a Commission - approved alternate entity within 60 days of termination;
provided, however, that any amounts Alliance is required to expend as a result of obligations
legitimately incurred by Alliance in implementation of any of the terms of this MOU prior to the
termination, and which were unpaid at the time of termination, shall be reimbursed to Alliance
from the Mitigation Fee prior to transfer of the remaining funds to the Commission or its
designate. "Good cause" shall include, but is not limited to, a determination by the Executive
Director that Alliance is not proceeding reasonably and expeditiously to construct the Crystal
Cove Project pursuant to this MOU, or is not complying with the plan and budget approved
pursuant to this MOU or unreasonable failure of the Commission to approve a final plan for
implementation of the Crystal Cove Project in accordance with this MOU. Should this MOU be
terminated for good cause as described in the Section 9 of this MOU, all other terms of this
MOU shall continue to be in full force and effect as they relate to the remaining parties to this
MOU, including the Commission.
10. The MOU may be executed in counterparts, each of which shall be considered a
duplicate original.
11. Any demand upon or notice required or permitted to be given by one party to the
other shall be in writing, shall be made in the following manner, and shall be effective (a) upon
receipt if given by personal delivery, (b) on the date indicated on the receipt if given by certified
or registered mail, return receipt requested, or (c) on the succeeding business day after mailing
or deposit if given by Express Mail or by deposit with a private delivery service of general use
(e.g. Federal Express), postage or fee paid, as appropriate, addressed to the parties in Paragraph
16. Notice of a change of address shall be given by written notice in the manner set forth in this
section.
12. For the purposes of this MOU, all information, requests, or other business
including any demand upon a party or notice pursuant hereto shall be coordinated through the
following agency representatives:
Crystal Cove Alliance
Harry Helling, President
Crystal Cove Alliance
Crystal Cove
Newport Coast, CA 92657
California Coastal Commission
Charles Lester, Executive Director
45 Fremont Street, Suite 2000
San Francisco, CA 94105 -2219
with copy to: California Coastal Commission South
Coast District Office
Attn: Teresa Henry
200Oceangate, IOthFloor
Long Beach, CA 90802 -4325
City of Newport Beach
David Kiff, City Manager
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
The New Home Company Southern California LLC
Tom Redwitz, President
95 Enterprise, Suite 325
Aliso Viejo, CA 92656
13. This MOU shall be binding upon and shall inure to the benefit of the successors and
assigns of the parties. The Parties agree that in the event New Home does not assume title to the
Property, the rights, benefits and obligations of New Home set forth in this MOU shall inure to
the benefit of and be assumed by Landowner, the fee owner of the Property.
14. This MOU shall be governed by, and construed and enforced in accordance with,
the laws of the State of California.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
[SIGNATURES ON THE FOLLOWING PAGE]
0
STATE OF CALIFORNIA
CALIFORNIA COASTAL C 1SSION
B � I`.
Y•
Charles Lester
'Executive Director
CRYSTAL COVE ALLIANCE
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: &--
Da , miff
City Manager
THE NEW HOME COMPANY SOUTHERN
CALIFORNIA LLC, a Delaware Limited
Liability Company, an authorized agent for HHR
Newport Beach LLC
By:
Tom Redwitz
President
-10 FORM;
TED A3
Attest NWK-,
City Clerk ,100
F-
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C-4 /PC) uN`
EXHIBIT A
SPECIAL CONDITIONS TO CDP 5 -07 -085
STATE OF
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802 -4302
(562) 580 -5071
EDMUND G. BROWN, JR., GOVERNOR
. NOTICE OF INTENT TO ISSUE
IMMATERIAL AMENDMENT TO PERMIT
July 13, 2012
Coastal Development Permit Amendment No. 5- 07- 085 -A1
Permit Number 5 -07 -085 issued to Lennar Homes (current applicant is The New Home
Company Southern California, LLC) for:
Demolition of existing tennis complex and construction of 79 residential townhome units on a
4.25 acre site, including 3 buildings ranging from 50 -60 feet in height above grade, totaling
approximately 205,679 square feet and approximately 97,231 square feet of subterranean
parking, landscaping, hardscaping, and open space, and payment of a $5,000,000.00
mitigation fee.
at: 900 Newport Center Drive, Newport Beach (Orange County) has been amended to include
the following change:
Construct the approved 79 residential condominiums and associated parking in two phases.
Phase 1 to include 26 units and 98 parking spaces. Phase 2 to include 53 units and 143
parking spaces. The applicant also proposes to phase the payment of the required
$5,000,000.00 in -lieu -fee for the provision of lower -cost visitor - serving uses to be provided at
Crystal Cove State Park, Newport Beach. The phased in-lieu fee payments will be
commensurate with the phased construction of the residential condominium units. The
applicant has submitted a draft 4 -party Memorandum of Understanding (MOU) between the
Commission, the City of Newport Beach, the applicant and the Crystal Cove Alliance to
implement the phased in -lieu payment and phased residential condominium construction.
Additionally, minor revisions to the project plans include: elimination of westerly driveway
entrance to parking garage; revised main entrance, Including shifting driveway to the west to
accommodate dual access into subterranean parking garage; relocate westerly building (Bldg.3)
slightly west to accommodate minor revisions to the floor plans and subterranean parking to
combine the two approved parking structures into one parking structure with two access points
from the main entry; increase the number of on -site parking spaces from 201 to 241; minor
revisions to exterior elevations including the elimination of external catwalk structures, resulting
in no increase in building heights; modify pedestrian circulation and open space /recreation area
between Bldgs 2 and 3, reduce total project grading by 29,000 cubic yards (cy) and stockpiling
5,000 cy of cut material from the Phase 1 construction on the Phase 2 portion of the site to be
later used in Phase 2 of development.
5-07. 085 -A1
This amendment was determined by the Executive Director to be immaterial, was duly noticed,
and no objections were received.
The amendment is being held in the Commission office until fulfillment of the Special
Conditions of the underlying permit and/or conditions of previous amendments imposed by the
Commission. Once these conditions have been fulfilled, the amendment will be issued. For
your information, all the imposed conditions are attached.
CHARLES LESTER
Executive Director
�!(-�&'qk
By: Teresa Henry i'
Title: District Manager
ACKNOWLEDGMENT
I have read and understand the Notice of Intent to amended Coastal Development Permit
5 -07- 085 -A1 including all conditions imposed.
Date Permittee
Please sign and return one copy of this form to the Commission office at the above address.
5- 07- 085-A1
SPECIAL CONDITION 5, AS AMENDED BY 5 -07- 086 -A1
S. In -Lieu Fee
A. The applicant or any successor(s) in interest to the subject property shall pay a
fee to the Crystal Cove Alliance (herein "Alliance "), in accordance with the
agreement required in subsection B below, in an amount not less than
$5.000,000,00, to be used for the protection, enhancement and provision of
lower -cost visitor- serving uses at Crystal Cove State Park, Newport Beach,
California. if the protection, enhancement and provision of lower -cost visitor -
serving uses at Crystal Cove State Park becomes infeasible (for example, if the
available funds are insufficient to complete such a project), the applicant shall
submit an application to amend the Coastal Development Permit. The Executive
Director shall detennine if the project is infeasible and if so, will make a
determination identifying a different feasible project appropriate for the use of this
in -lieu fee.
B. PRIOR TO THE ISSUANCE OF THIS COASTAL DEVELOPMENT PERMIT, but
only after the Executive Director of the Coastal Commission has indicated, In
writing, that the Commission has entered into an agreement with the City of
Newport Beach, the applicant, and the Alliance (the "Agreement'), the applicant
shall provide to the Alliance a payment, by cashier's check, in the amount of
$1,645,569.00, payable to the Alliance. The remaining $3,354,431.00 shall be
paid to the Alliance in accordance with the terms in the Agreement. This fee
shall be used for the purposes described in subsection A of this condition in
accordance with the terms and conditions of the Agreement, which, at a
minimum, shall include the following provisions: 1) the Alliance shall submit a
final plan for use of the funds to the Executive Director for review and approval
within 24 months of the date on which the funds are transferred to the Alliance; 2)
the final plan shall provide for Phase 3 of the ongoing Crystal Cove Alliance
restoration effort of the Historic District at Crystal Cove State Park and which is
presently contemplated to include completiontrestoration of 17 cottages, 3) the
Alliance must obtain all necessary regulatory permits and approvals, including
but not limited to a coastal development permit, for the restoration effort prior to
commencement of the project; 4) the funds must be deposited in a separate and
independent interest bearing account created solely to manage the funds as well
as provisions to limit the use of funds for administrative costs (which shall not
exceed 5% of the total funds transferred to the Alliance); 5) a deadline not to
exceed 5 years from the date of transfer of the funds to the Alliance by which the
funds shall be used by the Alliance to complete the project identified in the final
plan, along with provisions to address any failure to complete the project,
including but not limited to, transfer of the funds to an alternate entity able to
implement the final plan, or, if approved by an amendment to this coastal
development permit, to apply the funds to an alternative project that provides
lower cost visitor serving opportunities In the coastal area of Orange or Los
Angeles County,
Wamnoi.dot Printed on July 13, 2012
5 -07 -085
Page 1 of 7
CONDITIONS OF ORIGINAL PERMIT 5 -07 -085
STANDARD CONDITIONS
1. Notice of RecelEt and Acknowledgment. The permit is not valid
and development shall not commence until a copy of the permit,
signed by the permittee or authorized agent, acknowledging
receipt of the permit and acceptance of the terms and conditions,
is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will
expire two years from the date on which the Commission voted on
the application, Development shall be pursued in a diligent
manner and completed in a reasonable period of time.
Application for extension of the pemtit must be made prior to the
expiration date.
3. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the
Commission.
4, Assignment. The permit may be assigned to any qualified person,
provided assignee files with the Commission an affidavit accepting
all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and
conditions shall be perpetual, and it is the intention of the
Commission and the permittee to bind all future owners and
possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS.;
NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE
RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE
LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY
QUESTIONS, PLEASE CALL THE DISTRICT OFFICE.
Revised Landscapipg Plan
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, the applicant shall submit, in a form and content acceptable
5 -07 -085
Page 2 of 7
to the Executive Director, two (2) sets of a revised landscaping plan
prepared by an appropriately licensed professional which
demonstrates the following:
(1) The plan shall demonstrate that:
a. No plant species listed as problematic and/or invasive
by the California Native Plant Society, the California
Exotic Pest Plant Council, or as may be identified from
time to time by the State of California shall be utilized on
the property. No plant species listed as a 'noxious weed'
by the State of California or the U.S. Federal
Government shall be utilized within the property. Any
existing landscaping within the limits of the proposed
project that doesn't meet the above requirements in
this paragraph and those requirements listed in subsection
b below shall be removed;
b. With the exception of plants used in drainage swales,
all plants employed on the site shall be drought
tolerant, (low water use) plants identified by U. C.
Davis and the Water Resources Board;
c. All planting will be completed within 60 days after
completion of construction;
d. All vegetation shall be maintained in good growing
condition throughout the life of the project, and
whenever necessary, shall be replaced with new plant
materials to ensure continued compliance with the
landscaping plan.
(2) The plan shall include, at a minimum, the following
components:
a. A map showing the type, size, and, location of all plant
materials that will be on the developed site, the
irrigation system, topography of the developed site,
and all other landscape features;
b. A schedule for installation of plants.
B. The permittee shall undertake development In accordance with the
approved plan. Any proposed changes to the approved final plan
shall be reported to the Executive Director. No changes to the
approved final plans shall occur without a Commission amendment to
5 -07 -085
Page 3 of 7
this coastal development permit unless the Executive Director
determines that no amendment is legally required.
2. Conformance with Gootechnical Recommendations
A. All final design and construction plans, including foundations, grading
and drainage plans, shall be consistent with all recommendations
contained in Preliminary Geotechnical Evaluation, Proposed Marriott
Condominiums, 900 Newport Center Drive, City of Newport Beach,
California, prepared by Petra Geotechnical, Inc., 1116/03. Such
recommendations shall be incorporated into all final design and
construction plans.
B. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, the applicant shall submit, for the Executive Director's review
and approval, evidence that a licensed certified engineering geologist
has reviewed and approved all final design and construction plans and
certified that each of those final plans is consistent with all of the
recommendations specified in the above-referenced geologic
evaluation approved by the California Coastal Commission for the
project site.
C. The permittee shall undertake development in accordance with the
approved final plans. Any proposed changes to the approved final
plans shall be reported to the Executive Director. No changes to the
approved final plans shall occur without a Commission amendment to
this coastal development permit unless the Executive Director
determines that no amendment is legally required.
The permittee shall comply with the following construction- related
requirements:
(a) Best Management Practices (BMPs) and Good Housekeeping
Practices (GHPs) designed to prevent spillage and/or runoff of
construction- related materials, and to contain sediment or
contaminants associated with construction activity, shall be
implemented prior to the on -set of such activity,
(b) No construction materials, debris, or waste shall be placed or stored
where it may enter a stom-i drain or be subject to tidal erosion and
dispersion;
5 -07 -085
Page 4 of 7
(c) All trash and debris shall be disposed in the proper trash or
recycling receptacle at the end of every construction day.
(d) Construction debris and sediment shall be properly contained and
secured on site with BMPs, to prevent the unintended transport of
sediment and other debris into coastal waters by wind, rain or
tracking. Ail stock piles and construction materials shall be
covered, enclosed on all sides, shall be located as far away as
possible from drain inlets and any waterway, and shall not be
stored in contact with the soil;
(e) Construction debris and sediment shall be removed from
construction areas as necessary to prevent the accumulation of
sediment and other debris which may be discharged into coastal
waters. All debris and trash shall be disposed of in the proper trash
and recycling receptacles at the end of each construction day;
(f) The discharge of any hazardous materials into any receiving waters
shall be prohibited;
(g) A pre- construction meeting should be held for all personnel to
review procedural and BMP /GHP guidelines;
(h) All BMPs shall be maintained in a functional condition throughout
the duration of the project.
(i) Debris shall be disposed at a legal disposal site or recycled at a
recycling facility. If the disposal site is located in the coastal zone,
a coastal development permit or an amendment to this permit shall
be required before disposal can take place unless the Executive
Director determines that no amendment or new permit is legally
required.
4. Water Quality Management Plan (WQMPI
A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, the permittee shall submit for the review and approval of the
Executive Director, two (2) copies of a Final Water Quality
Management Plan (WQMP) for the post - construction project site,
prepared by a licensed water quality professional, and shall include
plans, descriptions, and supporting calculations. The WQMP shall be
in substantial conformance with the Santa Barbara Condominiums
Preliminary Water Quality Management Plan, prepared by Fuscoe
Engineering, 4/27/06. The plan shall be in conformance with any
geotechnicai recommendations concerning site and development
5- 07-085
Page 5 of 7
stability, where applicable. In addition, the plan shall be in substantial
conformance with the following requirements;
The WQMP shall incorporate appropriate structural and non-
structural Best Management Practices (BMPs) (site design, source
control and treatment control) into the development, designed to
reduce, to the maximum extent practicable, the volume, velocity
and pollutant load of stormwater and dry weather flows leaving the
developed site.
2. Post - construction structural BMPs (or suites of BMPs) shall be
designed to treat, infiltrate or filter the amount of stormwater runoff
produced by all storms up to and including the 85th percentile, 24-
hour storm event for volume -based BMPs, and /or the 85th
percentile, 1 -hour storm event, with an appropriate safety factor
(i.e., 2 or greater), for flow -based BMPs.
3. Impervious surfaces, especially directly connected impervious
areas, shall be minimized, and alternative types of pervious
pavement considered for use where feasible, and if practicable.
4. Irrigation and the use of fertilizers and other landscaping chemicals
shall be minimized through the use of low- maintenance
landscaping and efficient irrigation technology or systems.
5. Trash, recycling and other waste containers, as necessary, shall be
provided. All waste containers anywhere within the development
shall be covered, watertight, and designed to resist scavenging
animals.
6. Where feasible and as practicable, the first flush runoff from rooftop
downspouts and /or parking lot areas shall be directed and
dispersed into permeable landscaped areas such as over turf,
through a bioswale, or into an infiltration bed engineered to accept
the runoff in a non- erosive manner.
The permittee shall arrange for regularly scheduled vacuum
sweeping of the parking areas, in order to prevent dispersal of
pollutants that might collect on those surfaces.
8. The permittee shall not spray down or wash down the parking lot
unless the water used is directed through the sanitary sewer
system or a filtered drain.
9. All structural and/or treatment control BMPs shall be designed,
installed, and maintained for the life of the project in accordance
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with well - recognized and accepted design principles and
guidelines, such as those contained in the California Stormwater
Quality Association Best Management Practice Manuals.
10.At a minimum, all BMP traps /separators and /or filters shall be
inspected and cleaned /repaired or otherwise maintained in
accordance with the following schedule: (1) prior to the start of the
winter storm season, no later than October 15th each year,
inspected monthly thereafter for the duration of the rainy season
(October 15th -April 30), and cleaned /maintained as necessary
based on inspection and, (3) inspected and maintained where
needed throughout the dry season.
11. Debris and other water pollutants removed from structural BMP(s)
during clean out shall be contained and disposed of in a proper
manner.
12. It is the permittee's responsibility to maintain the drainage system
and the associated structures and BMPs according to
manufacturer's specifications.
B. The permittee shall undertake development in accordance with the
approved final plans. Any proposed changes to the approved final
plans shall be reported to the Executive Director. No changes to the
approved final plans shall occur without a Commission amendment to
this coastal development permit unless the Executive Director
determines that no amendment is legally required.
S. In -Lieu Fee
A. The applicant or any successor(s) in interest to the subject property
shall pay a fee to the Crystal Cove Alliance (herein "Alliance "), in
accordance with the agreement required in subsection B below, in
an amount not less than $5,000.000.00, to be used for the
protection, enhancement and provision of lower -cost visitor- serving
uses at Crystal Cove State Park, Newport Beach, California. If the
protection; enhancement and provision of lower -cost visitor - serving
uses at Crystal Cove State Park becomes infeasible (for example, if
the available funds are insufficient to complete such a project), the
applicant shall submit an application to amend the Coastal
Development Permit. The Executive Director shall determine if the
project is infeasible and if so, will make a determination identifying
a different feasible project appropriate for the use of this in -lieu fee.
B. PRIOR TO THE ISSUANCE OF THIS COASTAL DEVELOPMENT
PERMIT, but only after the Executive Director of the Coastal
Commission has indicated, in writing, that the Commission has
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entered into an agreement with the Alliance (the "Agreement', the
applicant shall provide to the Alliance, through a financial
instrument subject to the review and approval of the Executive
Director, a fee in an amount not less than $5.000,000.00 as
described in subsection A, payable to the Alliance. This fee shall
be used for the purposes described in subsection A of this condition
in accordance with the terms and conditions of the Agreement,
which, at a minimum, shall include the following provisions: 1) the
Alliance shall submit a final plan for use of the funds to the
Executive Director for review and approval within 24 months of the
date on which the funds are transferred to the Alliance; 2) the final
plan shall provide for Phase 2 of the ongoing Crystal Cove Alliance
restoration effort of the Historic District at Crystal Cove State Park
and which is presently contemplated to provide for the completion
of the Outdoor Educational Commons (Cottages 40, 42, 43 and
44), the Beach Museum (Cottage 13), Cottage 5, Cottage 45, the
garages and creek restoration within 36 months of approval of the
final plan by the Executive Director, 3) the Alliance must obtain all
necessary regulatory permits and approvals, including but not
limited to a coastal development permit, for the restoration effort
prior to commencement of the project; 4) the funds must be
deposited in a separate and independent interest bearing account
created solely to manage the funds as well as provisions to limit the
use of funds for administrative costs (which shall not exceed 5% of
the total funds transferred to the Alliance); 5) a deadline not to
exceed 5 years from the date of transfer of the funds to the Alliance
by which the funds shall be used by the Alliance to complete the
project identified in the final plan, along with provisions to address
any failure to complete the project, including but not limited to,
transfer of the funds to an alternate entity able to implement the
final plan, or, if approved by an amendment to this coastal
development permit, to apply the funds to an alternative project that
provides lower cast visitor serving opportunities in the coastal area
of Orange or Los Angeles County.
NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT($) BE
RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE
LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY
QUESTIONS, PLEASE CALL THE DISTRICT OFFICE.