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HomeMy WebLinkAboutCoastal Development Permit (Signed) STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION Page 1 of 18 South Coast Area Office g 200 Oceangate,Suite 1000 Date: November 7, 2013 '" Long Beach,CA 90802-4302 Permit No: 5-11-302 (562)590-5071 COASTAL DEVELOPMENT PERMIT On June 13, 2013, the California Coastal Commission granted to City of Newport Beach Coastal Development Permit 5-11-302, subject to the attached Standard and Special Conditions, for development consisting of: Construction of an active recreational park of approximately 13.7 acres. The park would include a baseball diamond/soccer fields, pedestrian paths, viewpoint, children's playground, restroom, and landscaping. Grading consists of approximately 57,223 cubic yards of cut, and 36,559 cubic yards of fill. The proposed development would be located on a vacant 13.7 acre parcel owned by the City of Newport Beach (formerly owned by Caltrans). Also proposed is the creation or restoration of 1.5 acres of Coastal Sage Scrub habitat at an off-site location. More specifically described in the application file in the Commission offices. The development is within the coastal zone at the Northwest Corner of the Intersection of Pacific Coast Highway and Superior Ave, Newport Beach, Orange County. (APNs 424-041-08, -10, -11, -13 and 424-042-03) Issued on behalf of the California Coastal Commission on November 7, 2013. CHARLES LESTER By: John Del Arroz Executive Director Title: Coastal Program Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance . . . of any permit . . ." applies to the issuance of this permit. IMPORTANT THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). No.l 8 'lA 13 � C. Daa a ignature of Permi%b� — Please sign and return one copy of this form to the Commission office at the above address. COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 2 of 18 STANDARD CONDITIONS 1. Notice of Receipt 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 permit 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: 1. Open Space Restriction A. No development, as defined in section 30106 of the Coastal Act, shall occur in Environmentally Sensitive Habitat Areas and 50-ft. buffers to Environmentally Sensitive Habitat Areas located on the subject site as described and depicted in the Memorandum by Dr. Jonna Engel attached as Exhibit 7 to the staff report dated July 27, 2012 except for the following development as described and shown on the final plans approved by the Executive Director pursuant to Special Condition 6: 1) Restoration activities, including removal of non-native vegetation, installation of native vegetation, installation and removal of temporary irrigation devices; 2) One-time and temporary grading activities within buffers necessary for the proposed construction of the water infiltration trench and undergrounded drainage culvert; 3) Removal of non-native species, in accordance with Special Condition 2; 4) The one-time installation of gravel and low curb to the existing maintenance access road, as shown on Exhibit 4 to the staff report dated July 27, 2012 5) The following development, if approved by the Coastal Commission as an amendment to this coastal development permit: COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 3 of 18 Activities necessary for restoration of native habitat, maintenance or repair of water quality management features or drainage devices, in- kind repair or replacement of existing maintenance access road, or construction of pedestrian paths. B. PRIOR TO ISSUANCE BY THE EXECUTIVE DIRECTOR OF THE NOTICE OF INTENT TO ISSUE PERMIT (NOI) FOR THIS PERMIT, the permittee shall submit for the review and approval of the Executive Director, and upon such approval, for attachment as an Exhibit to the NOI, a formal legal description and graphic depiction of the portion of the subject property affected by this condition, as generally described above and shown on Exhibit 7 attached to the staff report. C. PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS THE SUBJECT OF THIS COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property (hereinafter referred to as the "Standard and Special Conditions'); and (2) imposing all Standard and Special Conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the Property. The restriction shall include a legal description of the applicant's entire parcel or parcels. It shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the Standard and Special Conditions of this permit shall continue to restrict the use and enjoyment of the subject property so long as either this permit or the development it authorizes—or any part, modification or amendment thereof-remains in existence on or with respect to the subject property. 2. Landscaping Plan. A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, in a form and content acceptable to the Executive Director, two (2)full size sets of revised final landscaping plans prepared by an appropriately licensed professional that meet the following requirements: 1) The plan shall demonstrate that: a) The revised final landscaping plans shall be in substantial conformance with the plan received in the Commission's office on March 13, 2012, but shall have been modified to 1)Remove invasive species (e.g., Cortaderia sp., Carpobrotus edulis)from all areas on the subject site, including those areas outside the grading limits (i.e. those marked as Existing - Not to Be Disturbed on the landscaping plan attached to the staff report); 2) Remove non-native species that are similar in appearance to invasive species (e.g., Pennisetum sp.)from the plant planting list to avoid inadvertent replacement with invasive varieties in the future; 3) Remove non-native species from the planting list that have a propensity for dispersal (e.g., Acacia sp.); 4) Create 5.15 acres of superior high quality native vegetation with coverage of primarily CSS, that is suitable for foraging habitat for the CAGN; 5) Remove the area known as the Southeast Polygon, which was subject to Commission Cease and Desist Order CCC-1 I-CD-03 and Restoration Order CCC-11-RO-02, from the landscaping plan, as such landscaping has already been authorized by such orders. The applicant COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 4 of 18 shall comply with the requirements of the Cease and Desist and Restoration Orders in those areas. b) All planting shall provide 85 percent coverage within 90 days and shall be repeated if necessary to provide such coverage, unless the Executive Director determines that such a requirement would result in adverse impacts to areas of native habitat on the site and establishes a different coverage requirement. c) All plantings 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 landscape plan. d) Each landscaped area on the site, except for the area designated as Turf Area on the landscaping plan submitted to the Commission's office on March 13, 2012, shall be suitable to provide foraging habitat for the California gnatcatcher. The majority of the species used shall be consistent with the Coastal Sage Scrub vegetation community type. e) No plant species listed as problematic and/or invasive by the California Native Plant Society (http://www.CNPS.org/), the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) (http://www.cal- ipc.orgo, or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. 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. With the exception of the proposed Turf Area, all plants shall be native to coastal Orange County and appropriate to the habitat type and be low water use plants as identified by California Department of Water Resources (See: http://www.owue.water.ca.gov/docs/wucols00.pdo. The Turf Area shall consist of either artificial turf or a species that minimizes the amount of irrigation required. f) No irrigation, except for temporary irrigation necessary to establish plantings, shall occur within ESHA and 50 foot buffers to ESHA. Temporary irrigation lines within ESHA and buffers to ESHA shall be either removed or capped in place once plants have been established. Irrigation on areas of the site other than ESHA and buffers to ESHA shall be limited to the minimum amount necessary to maintain active growth of plant species while preventing creation of a severe fire hazard. 2) The plan shall include, at a minimum, the following components: a) A map showing the type, size, quantity 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. 3) The landscaping plan shall include the following requirements printed on the plans: a) The permittee shall be responsible for ensuring that non-native landscaping within the park is maintained to prevent spill-over into ESHA or buffers to ESHA. COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 5 of 18 b) The permittee shall be responsible for ensuring that no non-native or invasive species persist within ESHA or buffers to ESHA. Within the first 5 years since commencement of use of the park facility by the public, the permittee shall be authorized to remove non-native or invasive species from ESHA and buffers to ESHA. Such removal shall occur a minimum of once per year. After this period, the permittee shall submit an application for an amendment to this permit or for a new Coastal Development Permit for the removal of vegetation within ESHA. c) After 5 years since the public has been allowed access to park facilities, the removal or trimming of vegetation within buffers to ESHA or ESHA, including but not limited to removal or trimming for fire hazard management purposes, shall require an amendment to this coastal development permit or a new coastal development permit. d) No removal, pruning or other maintenance of vegetation, other than in the proposed "Turf' area, shall occur during the breeding season of the California gnatcatcher, which is between February 15 and August 31. e) Five years since commencement of use of the park facility by the public the applicant shall submit for the review and approval of the Executive Director a landscape monitoring report, prepared by a licensed Landscape Architect or qualified Resource Specialist, that certifies the on-site landscaping is in conformance with the landscape plan approved pursuant to this Special Condition. The monitoring report shall include photographic documentation of plant species and plant coverage. If the landscape monitoring report indicates the landscaping is not in conformance with or has failed to meet the performance standards specified in the landscaping plan approved pursuant to this permit, the applicant, or successors in interest, shall submit a revised or supplemental landscape plan for the review and approval of the Executive Director. The revised landscaping plan must be prepared by a licensed Landscape Architect or a qualified Resource Specialist and shall specify measures to remediate those portions of the original plan that have failed or are not in conformance with the original approved plan, B. The permittees 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 this coastal development permit unless the Executive Director determines that no amendment is legally required. 3. Parking Management Plan A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and approval of the Executive Director, two (2) full sized copies of a Parking Management Plan. The plan shall be prepared by a qualified professional and shall include the following: 1) A schedule for management of games/use of the ball fields, to ensure that adequate parking is provided for the park use and for the existing uses of the public parking lot. Games shall be scheduled to avoid peak beach use COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 6 of 18 periods such as summers and holidays to the extent possible as proposed in City of Newport Beach letter dated July 20, 2012, attached as Exhibit 22 to the staff report. 2) Provision of a signage plan that shall include, at a minimum, the following components: a sample of each sign and/or stencil and a site plan depicting the location of each sign and/pr stencil. Signage shall be posted that specifies allowable use of each parking space (including day and time of availability) and applicable restrictions. 3) Provisions to limit the usage of the maintenance access road to only City maintenance vehicles and City operated shuttles as a reasonable accommodation for members of the public with impaired mobility consistent with applicable ADA requirements. 4) Provisions to reduce the number of shuttle trips to the park site to the minimum necessary to allow members of the public with impaired mobility to access the park site. B. The permittees shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan, including any change in the intensity of use of the access road, shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Lighting A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and approval of the Executive Director, revised plans to protect landscaped and habitat areas from light generated by the project. The lighting plan to be submitted to the Executive Director shall be accompanied by an analysis of the lighting plan prepared by a qualified biologist which documents that the lighting plan is effective at preventing lighting impacts upon adjacent environmentally sensitive habitat. The proposed lighting plan shall include, but not be limited to, the following elements: lighting on the site shall be limited to the minimum amount necessary to light accessways and for security and be designed to avoid impacts to native habitat areas on the site; lighting will be limited to 3.5 foot bollards within areas of walkways with cut-off louvers and will be positioned, directed or shielded so as to minimize artificial lighting from reflecting into native habitat; no skyward-casting lighting or portable light generators shall be used on the site; the lowest intensity lighting shall be used that is appropriate to the intended use of the lighting. 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. Fencing and Signage Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit a final fencing and signage plan showing the location, design, height and materials of all walls, fences, gates, safety COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 7 of 18 devices and boundary treatments for the review and approval of the Executive Director. The fencing and signage plan shall incorporate the following requirements: A. Fencing on the project site shall be located where it will not result in adverse impacts to ESHA. B. To the maximum extent feasible, all fencing on the site shall be designed to allow the unimpeded ingress, egress and traversal of wildlife, including the coyote. C. If state requirements regarding oil field security prevent traversal of wildlife, including the coyote, across the proposed oil field security fence separating the park site from Newport Banning Ranch, the permittee shall enact measures to exclude nest predators from the subject site, specified in Special Condition 7. D. The proposed oil field security fence between the park site and Newport Banning Ranch shall be removed at the time the fencing is no longer required by state law. E. The fencing plan shall include provisions for signing and fencing to discourage human intrusion into ESHA and buffers to ESHA. The fencing shall be designed in a manner that creates a delineation between areas of native habitat and the public areas of the park. F. Signs prohibiting entrance of the public into the native habitat areas and identifying their sensitive nature shall be posted at reasonable intervals and likely points of entry along the west side of the park. The plan shall include samples of such signage. G. 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. 6. Final Project Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit for the review and approval of the Executive Director, two (2) copies of final project plans. The final set of plans shall include: 1) Final Grading and Site plans which are in substantial conformance with the plans received in the Commission's office on March 13, 2012, but which have been revised to comply with a 50 foot buffer from areas of ESHA which excludes grading activities, except in areas where the applicant has demonstrated to the Executive Director's satisfaction that such grading is necessary for the construction of the proposed water infiltration swale and undergrounded drainage culvert. 2) Final detailed planting plans, consistent with the requirements of Special Condition 2 3) All locations of utilities on the project site 4) Plans showing park improvements, such as the public restroom, benches, tables, walkways, ball field and associated structures 5) Drainage Plans, which show flow lines and the water quality management features required on the site, as required in Special Conditions 8 6) Fencing and Signage Plan, as required in Special Condition 5 COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 8 of 18 7) Plans showing areas subject to Open Space Restriction as required in Special Condition 1 8) Construction Staging and Fencing Plans as required in Special Condition 10 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. 7. Habitat Impact Management Plan A. Avoidance of Listed Species. The permittee shall staff a qualified monitoring biologist on-site during all CSS clearing and any other project-related work with the potential to impact sensitive species. The biologist must be knowledgeable of the biology and ecology of sensitive species with the potential to occur on the project site and wetland ecology. The following measures shall be taken prior to and during construction: 1) Pre-construction surveys shall be conducted within 10 days of the start of construction by a qualified biologist to determine the presence of any sensitive species with the potential to occur on the project site. 2)A qualified biologist shall be present daily during construction in locations with the potential to support sensitive species, and to monitor for these species. The biologist will be authorized to stop work if threats to any sensitive species are Identified during monitoring. 3) Construction shall be scheduled to avoid the breeding seasons of special status species that are found to be present in the construction area, including, but not limited to, the California gnatcatcher. 4) if any burrowing owls, cactus wrens, or other federally or state listed species are discovered on or near the project site, all work in the area shall cease and Fish and Wildlife and the Executive Director of the Commission shall be contacted to assess any potential risk of significant adverse effects to listed species and the possible need for further coordination. No construction shall continue until both Fish and Wildlife and the Executive Director of the Commission have determined that further coordination of construction activities are sufficient to avoid potential effects to listed species. If the Executive Director of the Commission determines that an amendment to this coastal development permit is legally required to address the potential risk of significant adverse effects to listed species, the permittee agrees, by acceptance of this permit, to comply with the Executive Director's determination and apply for an amendment to this coastal development permit. 5) Prior to and during the clearing of any CSS or other suitable gnatcatcher habitats outside the gnatcatcher breeding season, the biologist shall locate any individual gnatcatchers on-site and direct clearing to begin in an area away from birds. In addition, the biologist shall walk ahead of clearing equipment to flush birds towards areas of habitat that will be avoided. It shall be the responsibility of the permittee to assure that gnatcatchers shall not be directly injured or killed by the clearing of CSS. COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 9 of 18 6) Prior to initiating clearing and/or project construction during the gnatcatcher breeding season, the biological monitor shall meet on-site with the construction manager and/or other individual(s) with oversight and management responsibility for the day-to-day activities on the construction site to discuss implementation of the relevant avoidance/minimization/mitigation measures for gnatcatcher. The biologist shall meet as needed with the construction manager (e.g., when new crews are employed) to discuss implementation of these measures. 7) The permittee shall submit weekly reports (including photographs of impact areas) to the Executive Director and the Wildlife Agencies during initial clearing of CSS and/or project construction within 100 feet of avoided CSS during the gnatcatcher breeding season. The weekly reports shall document that authorized CSS impacts were not exceeded, work did not occur within the 100-foot setback during the gnatcatcher breeding season except as approved by the Executive Director, and general compliance with all conditions. The reports shall also outline the duration of gnatcatcher monitoring, the location of construction activities, the type of construction which occurred, and equipment used. These reports shall specify numbers, locations, and sex of gnatcatchers (if present), observed gnatcatcher behavior(especially in relation to construction activities), and remedial measures employed to avoid, minimize, and mitigate impacts to gnatcatchers. Raw field notes shall be available upon request by the Executive Director. If the Executive Director of the Commission determines that the report indicates the construction activities are causing a potential risk of significant adverse effects on the environment and determines that an amendment to this coastal development permit is legally required to address these effects, the permittee agrees, by acceptance of this permit, to comply with the Executive Director's determinations and apply for an amendment to this coastal development permit, 8) The limits of vegetation removal will be delineated in all areas adjacent to preserved vegetation by bright orange plastic fencing, stakes, flags, or markers that are clearly visible to personnel on foot and in heavy equipment. B. Park Operations. 1) Trash cans located in the park shall contain closed lids sufficient to prevent trash from escaping due to wind or animal dispersion. 2) No human intrusion into habitat areas shall occur within the breeding season of the California gnatcatcher. 3) Access Road. No impacts to ESHA resulting from usage of the maintenance access road are authorized by this Coastal Development Permit. It is the City's responsibility to ensure that usage of the maintenance access road does not result in impacts to ESHA areas. The City shall monitor usage of the maintenance access road to ensure that no impacts occur as a result of usage of the access road. Upon discovery of any impacts to ESHA, the City shall submit an application for a new Coastal Development Permit or an amendment to this Coastal Development Permit for restoration of the affected area. 4) Special Events. The only development authorized by this permit is the use of the park for ball fields. Any other use of the park, such as the use of the park for temporary special events, may require a Coastal Development Permit. At least 180 days in advance of a temporary special event which is planned to occur on the site, the permittee shall submit a written letter with a description of the COASTAL DEVELOPMENT PERMIT No, 5-11-302 Page 10 of 18 proposed temporary event to inquire whether a Coastal Development Permit is required. 5) No amplified speakers shall be allowed on the site. C. Monitoring Plan. PRIOR TO ISSUANCE OF THIS COASTAL DEVELOPMENT PERMIT, the permittee shall develop, in consultation with the California Department of Fish and Game and U.S. Fish and Wildlife Service as appropriate, and submit for review and written approval of the Executive Director, a final monitoring plan which includes, but is not limited to, the following requirements: 1) During the first five years since commencement of use of the park facility by the public, human intrusion into habitat areas shall be assessed annually and submitted for the review of the Executive Director. If the Executive Director determines that the sign and fencing plan approved by the Executive Director is not effective at preventing human intrusion into sensitive habitat areas, the permittee shall submit a request for amendment to this Coastal Development Permit proposing additional measures to prevent intrusion into sensitive areas. The amendment request shall include a report by a qualified biologist describing the assessments performed, the problems encountered, and whether the suggested strategies will be effective at preventing human intrusion. A copy of this report shall also be sent to the Carlsbad office of the US Fish and Wildlife Service. Six years after commencement of use of the park facility by the public, the permittee shall submit a summary of the assessments performed and a record of their implementation to the Executive Director and the Carlsbad office of the US Fish and Wildlife Service. 2) Provisions for monitoring of the impact of predation by domestic pets on the California gnatcatcher. A qualified biologist shall monitor the presence of domestic and feral cats on the subject site, and submit annual monitoring reports for 5 years after completion of grading documenting the degree of usage of the site by domestic and feral cats. 3) Provisions for implementation of a Cowbird monitoring and eradication program. The site shall be surveyed annually for the presence of the brown-headed cowbird (Motothrus ater) on the project site. D. Nest Predator Exclusion Program. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, a program for the removal of nest predators, including the brown-headed cowbird and domestic and feral cats from the project site shall be submitted for the review and approval of the Executive Director. A qualified biologist shall design the eradication program. The program shall be designed to reduce the prevalence of nest predators on the project site to reduce potential impacts to the California gnatcatcher. The program shall include, but shall not be limited to, provisions for trapping, public education, and installation of additional fencing, if consistent with the Fencing and Signage Condition, above. Any development, as defined in Section 30106 of the Coastal Act, which is required to enact the Nest Predator Exclusion Program shall require an amendment to this Coastal Development Permit, unless the executive director determines that no permit is required. The Nest Predator Exclusion Program shall be enacted if either: 1) upon review of the final fencing plan, the Executive Director determines that fencing on the site will not allow wildlife, including the coyote, sufficient mobility to the park site, or: COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 11 of 18 2) Upon review of the reports from the monitoring program, the Executive Director determines that cowbirds or domestic or feral cats are posing a significant risk to the California gnatcatcher or other sensitive species on the project site 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. 8. Drainage And Polluted Runoff Control Plan. PRIOR TO 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 Drainage and Runoff Control Plan for the post-construction project site, prepared by a licensed civil engineer or qualified licensed professional. The Plan shall include detailed drainage and runoff. control plans with supporting calculations. The plan shall incorporate Best Management Practices (BMPs) including site design, source control and treatment control measures designed to reduce, to the maximum extent practicable, the volume, velocity and pollutant load of stormwater and dry weather runoff leaving the developed site. The consulting licensed civil engineer or qualified licensed professional shall certify in writing that the final Drainage and Runoff Control Plan is in substantial conformance with the following minimum requirements: 1) The plan shall demonstrate the use of distributed small-scale controls or integrated Best Management Practices (BMPs) that serve to minimize alterations to the natural pre-development hydrologic characteristics and conditions of the site, and effectively address pollutants of concern. 2) Post-development peak runoff rate and average volume from the site shall be maintained at levels similar to pre-development conditions. 3) Selected BMPs shall consist, or primarily consist, of site design elements and/or landscape based systems or features that serve to maintain site permeability, avoid directly connected impervious area and/or retain, infiltrate, or filter runoff from rooftops and hardscape areas, where feasible. Examples of such features include but are not limited to porous pavement, pavers, vegetated swales, and infiltration trenches. 4) Landscaping materials shall consist primarily of native or other low-maintenance plant selections which have low water and chemical treatment demands. An efficient irrigation system designed based on hydrozones and utilizing drip emitters or micro- sprays or other efficient design should be utilized for any landscaping requiring water application. To the maximum extent feasible, the irrigation system must be capable of matching the water demand of the vegetation with the quantity of water delivered to the vegetation. 5) All slopes should be stabilized in accordance with provisions contained in the Landscaping and/or Interim Erosion and Sediment Control Condition for this Coastal Development Permit. 6) Runoff shall be discharged from the developed site in a non-erosive manner. Energy dissipating measures shall be installed at the terminus of outflow drains where necessary. COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 12 of 18 7) 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. 8) All BMPs shall be operated, monitored, and maintained in accordance with manufacturer's specifications where applicable, or in accordance with well recognized technical specifications appropriate to the BMP for the life of the project and at a minimum, all structural BMPs shall be inspected, cleaned-out, and where necessary, repaired prior to the onset of the storm season (October 15th each year) and at regular intervals as necessary between October 15`h and April 15th of each year. Debris and other water pollutants removed from structural BMPs) during clean-out shall be contained and disposed of in a proper manner. 9) For projects located on a hillside, slope, or which may otherwise be prone to instability, final drainage plans should be approved by the project consulting geotechnical engineer. 10) Should any of the project's surface or subsurface drainage/filtration structures or other BMPs fail or result in increased erosion, the permittee/landowner or successor-in-interest shall be responsible for any necessary repairs to the drainage/filtration system or BMPs and restoration of the eroded area. Should repairs or restoration become necessary, prior to the commencement of such repair or restoration work, the permittee shall submit a repair and restoration plan to the Executive Director to determine if an amendment or new coastal development permit is required to authorize such work. 11) The final Drainage and Runoff Control Plans shall be in conformance with the site/development plans approved by the Coastal Commission. Any changes to the Coastal Commission approved site/development plans required by the consulting civil engineer/water quality professional or engineering geologist shall be reported to the Executive Director. No changes to the Coastal Commission approved final site/development plans shall occur without an amendment to the coastal development permit, unless the Executive Director determines that no amendment is legally required. 9. Storage Of Construction Materials, Mechanized Equipment And Removal Of Construction Debris A. The permittee shall comply with the following construction-related requirements: 1) No construction materials, debris, or waste shall be placed or stored where it may be subject to water, wind, rain, or dispersion; 2) Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of the project; 3) Construction debris and sediment shall be removed from construction areas each day that construction occurs to prevent the accumulation of sediment and other debris which may be discharged into coastal waters; 4) Erosion control/sedimentation Best Management Practices (BMP's) shall be used to control dust and sedimentation impacts to coastal waters during construction. BMPs shall include, but are not limited to: placement COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 13 of 18 of sand bags around drainage inlets to prevent runoff/sediment transport into coastal waters; and 5) All construction materials, excluding lumber, shall be covered and enclosed on all sides, and as far away from a storm drain inlet and receiving waters as possible. B. Best Management Practices (BMPs) designed to prevent spillage and/or runoff of construction-related materials, sediment, or contaminants associated with construction activity shall be implemented prior to the on-set of such activity. Selected BMPs shall be maintained in a functional condition throughout the duration of the project. Such measures shall be used during construction: 1) The permittee shall ensure the proper handling, storage, and application of petroleum products and other construction materials. These shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. It shall be located as far away from the receiving waters and storm drain inlets as possible; 2) The permittee shall develop and implement spill prevention and control measures; 3) The permittee shall maintain and wash equipment and machinery In confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. Washout from concrete trucks shall be disposed of at a location not subject to runoff and more than 50-feet away from a stormdrain, open ditch or surface water; and 4) . The permittee shall provide adequate disposal facilities for solid waste, including excess concrete, produced during construction. 10. Construction Staging and Temporary Construction-Fencing Plan: A. All construction plans and specifications for the project shall indicate that impacts to wetlands and environmentally sensitive habitats shall be avoided and that the California Coastal Commission has not authorized any impact to wetlands or other environmentally sensitive habitat. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit a final construction staging and fencing plan for the review and approval of the Executive Director which indicates that the construction in the construction zone, construction staging area(s) and construction corridor(s) shall avoid impacts to wetlands and other sensitive habitat consistent with this approval. The plan shall include the following requirements and elements: 1) Wetlands and any other environmentally sensitive habitats shall not be affected in any way, except as specifically authorized in this permit. 2) Prior to commencement of construction, temporary barriers shall be placed at the limits of grading adjacent to ESHA. The barriers shall be a minimum 8 feet tall and one-inch thick in those areas adjacent to occupied gnatcatcher habitat. Solid physical barriers shall be used at the limits of grading adjacent to all other ESHA. Barriers and other work area demarcations shall be inspected by a qualified biologist to assure that such barriers and/or demarcations are installed COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 14 of 18 consistent with the requirements of this permit. All temporary barriers, staking, fencing shall be removed upon completion of construction. 3) No grading, stockpiling or earth moving with heavy equipment shall occur within ESHA, wetlands or their designated buffers, except as noted in the final habitat management plan approved by the Executive Director, 4) No construction materials, debris, or waste shall be placed or stored where it may enter sensitive upland habitat or wetlands, storm drain, receiving waters, or be subject to wind erosion and dispersion; 5) No construction equipment shall be stored within any ESHA, wetlands or their buffers. 6) The plan shall demonstrate that: a. Construction equipment, materials or activity shall not occur outside the staging area and construction zone and corridors identified on the site plan required by this condition; and b. Construction equipment, materials, or activity shall not be placed in any location which would result in impacts to wetlands or other sensitive habitat; 7) The plan shall include, at a minimum, the following components: a) A site plan that depicts: i. limits of the staging area(s) ii. construction corridor(s) iii, construction site iv, location of construction fencing and temporary job trailers with respect to existing wetlands and sensitive habitat 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 required. 11. Final Plans Conforming To Geotechnical Recommendations A. All final design and construction plans shall be consistent with all recommendations contained in Geotechnical Study For The Proposed Sunset Ridge Park Project For The Environmental Impact Report (EIR), Superior Avenue And Pacific Coast Highway, City Of Newport Beach, California, dated August 19, 2009. No changes to the approved plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the Executive Director's review and approval, two full sets of plans with evidence that an appropriately licensed professional has reviewed and approved all final design and construction plans and certified that each of those final plans is consistent with all the recommendations specified in the above-referenced report. COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 15 of 18 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 unless the Executive Director determines that no amendment is legally required. 12. Assumption Of Risk,Waiver Of Liability And Indemnity. By acceptance of this permit, the permittee acknowledges and agrees (i) that the site may be subject to hazards from landslide, erosion, and earth movement; (ii) to assume the risks to the permittee and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (III) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards 13. Other Agency Approvals. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall provide to the Executive Director a copy of a permit, or letter of permission, or evidence that no permit or permission is required for the project by the following entities:; California Department of Fish and Game; U.S. Fish and Wildlife Service; Regional Water Quality Control Board, City of Newport Beach Fire Authority. The applicant shall comply with the recommendations provided by the USFWS in their April 27, 2012 letter. The permittee shall inform the Executive Director of any changes to the project required by the City of Newport Beach Fire Authority; California Department of Fish and Game; U.S. Fish and Wildlife Service; Regional Water Quality Control Board, Such changes shall not be incorporated into the project until the permittee obtains a Commission amendment to this coastal development permit, unless the Executive Director determines that no amendment is legally required. 14. Future Development Restriction. This permit is only for the development described in Coastal Development Permit No. 5-11-302. Pursuant to Title 14, California Code of Regulations, section 13253(b)(6), the exemptions otherwise provided in Public Resources Code, section 30610(b) shall not apply. Accordingly, any future improvements the proposed park access road, ball fields, grass warm-up field, landscaped areas, children's playground, restroom, and other structures described in this permit, including but not limited to repair and maintenance identified as requiring a permit in Public Resources Code, section 30610(d) and Title 14, California Code of Regulations, sections 13252(a)- (b), or the intensification of use of the maintenance access road, shall require an amendment to Permit No. 5-11-302 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government, unless the Executive Director of the j Commission determines that no amendment or new permit is required. ' COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 16 of 18 15. Proof of Legal Ability to Comply With Conditions. PRIOR TOrISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall demonstrate the permittee's legal ability or authority to undertake development located on the adjacent property known as Newport Banning Ranch. 16. Liability for Costs and Attorneys Fees. By acceptance of this permit, the Applicant/Permittee agrees to reimburse the Coastal Commission in full for all Coastal Commission costs and attorneys fees -- including (1) those charged by the Office of the Attorney General, and (2) any court costs and attorneys fees that the Coastal Commission may be required by a court to pay--that the Coastal Commission incurs in connection with the defense of any action brought by a party other than the Applicant/Permittee against the Coastal Commission, its officers, employees, agents, successors and assigns challenging the approval or issuance of this permit. The Coastal Commission retains complete authority to conduct and direct the defense of any such action against the Coastal Commission. 17. Off-Site Habitat Enhancement. A. PRIOR TO ISSUANCE OF THIS COASTAL DEVELOPMENT PERMIT, the applicant shall develop, in consultation with the California Department of Fish and Game and U.S. Fish and Wildlife Service as appropriate, and submit a final detailed habitat restoration and monitoring program to create or enhance 1.5 acres of coastal sage scrub (CSS) that provides foraging and breeding opportunities for the California gnatcatcher located at either: Upper Buck Gully Canyon, Big Canyon, or John Wayne Gulch, for review and written approval of the Executive Director. A qualified restoration biologist shall design the restoration and monitoring program. 1) The plan shall include, at a minimum, the following components: a) Evidence that the City has the authority to carry out the restoration activities at the restoration site and to ensure its permanent protection through utilization of an open space deed restriction, open space easement, or other form of legal protection over the property that runs with the land found acceptable by the Executive Director unless the area is already subject to legal protection over the property that runs with the land that the Executive Director determines is equivalent. b) Plans depicting existing vegetation, topography, and any existing structures in the area. c) Plans for site preparation and preservation of native seed bank; d) Plant palette, coastal sage scrub habitat design that includes location of individual plant species, source of plant material (must consist of locally derived native stock), plant installation methods, erosion control plans, soil fertilization plans if necessary, and weed abatement. If temporary irrigation is required, the method and time of watering should be described. All irrigation infrastructure must be removed by the end of the monitoring period. e) Success criteria based on quantitative sampling of an appropriate (relatively undisturbed) Orange County CSS reference site (s). f) Plans for maintenance and quantitative and qualitative monitoring. COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 17 of 18 g) Plans for annual reports and a final report at the end of five years. 2) The restoration and monitoring program shall at a minimum include.the following requirements: a) Creation or enhancement of breeding and foraging habitat for the California gnatcatcher through: a) elimination of existing invasive or non-native species; and b) installation of plant species that are appropriate Orange County CSS community members and which serve as important foraging and nesting habitat for the California gnatcatcher. b) The designated restoration site shall be located in an area of existing degraded CSS. The restoration site shall be located where it will not be subject to fuel modification activity or other disturbance. c) The restoration program shall include, at a minimum, the following long-term maintenance requirements: periodic site inspections, eradication of non- native and invasive plant species, weed control, implementation and maintenance of erosion control measures, trash and debris removal, and/or replacement plantings as necessary. d) Initial planting on the restoration site shall be completed no later than 180 days since commencement of use of the park facilities by the public. e) Within 60 days of completion of initial planting of the restoration site, the City shall submit for the review and approval of the Executive Director a report assessing the initial biological and ecological status of the "as built' restoration site prepared by a qualified biologist. The assessment shall include an analysis of the attributes that will be monitored pursuant to the program, with a description of the methods for making that evaluation. The report shall include a summary of dates when work was performed and photographs that show full implementation of the restoration and monitoring program. f) The restoration will be considered successful if the overall species composition and vegetative cover of CSS species are similar to a relatively undisturbed nearby CSS reference area (s) occupied by gnatcatchers. Species composition shall be considered similar if all the major native shrub species (e.g., California sagebrush and California encelia) and a similar number of native herbaceous species at the reference site (s) are present at the restored site. The vegetative cover of shrub species and herbaceous species at the restoration and reference sites will be compared with an appropriate statistical test. Spatially stratified, random sampling of the restoration and reference sites will be done with sufficient replication to detect a 10% absolute difference in cover with 90% power with alpha=0.10. The cover of shrub species and herbaceous species will be considered similar if there is no statistical difference (P>0.10) in the average cover of each dominant species between the two sites; or, if there is a statistically significant difference, it is no greater than 10% absolute cover. In addition, in order to be considered successful, the restored CSS site must meet the success criteria without having received any supplemental irrigation for a minimum of two years. g) The City shall submit annual reports prepared by a qualified biologist for the review and approval of the Executive Director for the five year monitoring period, beginning the first year after submission of the "as-built' assessment. COASTAL DEVELOPMENT PERMIT No. 5-11-302 Page 18 of 18 Project monitoring shall occur between February 15 and May 15 of each year and reports shall be submitted within 60 days of monitoring program completion. The reports shall include: 1. summary of previous reports, 2. description of restoration program's progress toward meeting success criteria based on monitoring results, and 3. photographs documenting the condition of the restoration taken from the same fixed points in the same directions. h) At the end of the five year monitoring period, the City shall submit a final report prepared by a qualified biologist for the review and approval of the Executive Director. The report must evaluate whether the restoration site conforms to the goals, objectives, and success criteria set forth in the approved final restoration program. The report must address all of the monitoring data collected over the five-year period. If the final report indicates that the restoration project has been unsuccessful, in part, or in whole, based upon the approved success criteria, the applicant shall submit within 90 days a revised or supplemental restoration program to compensate for those portions of the original program that were necessary to offset project impacts which did not meet the approved success criteria. The revised restoration program, if necessary, shall be processed as an amendment to this coastal development permit. 3) The permittee shall monitor and remediate the restoration site in accordance with the approved restoration and monitoring program, including any revised restoration and monitoring program approved by the Commission or its staff, Any proposed changes to the approved restoration and monitoring program shall be reported to the Executive Director. No changes to the approved restoration and monitoring program shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. G.2011 PERMITSJDA:nr