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MITIGATING MONITORING PROG_NEWPORTER NORTH
11111111111111111111111111111111111111111 *NEW FILE* Mit Monitor Prog a COASTAL SAGE SCRUB HABITAT RESTORATION/ REVEGETATION PLAN NEWPORTER NORTH COASTAL SAGE SCRUB HABITAT RESTORATIONAtMGETATION PLAN NEWPORTER NORTH November 7, 1995 Prepared for.• Standard Pacific of Orange 1565 West Maa4rtbur Boulevard Costa Mesa, CA 92626 Prepared by: LSA Associates, Inc. 1 Park Plaza, Suite 500 Irvine, California 92714 (714) 553-0666 LSA Project #SP0501 LSAA=d4teq l= TABLE OF CONTENTS PAGE INTRODUCTION ..................................... 1 OBJECTIVE......................................... 1 OVERVIEW ......................................... 1 PIANT PALETTES .................................... 6 PLANTING METHODS ................................ 12 IRRIGATION ....................................... 18 u, MAmdates� 1q LIST OF FIGURES PAGE 1 - Regional Location .................................... 2 2 - Project Location (Map) ................................ 3 3 - Project Plan ........................................ 4 4 - Project Plan (Newporter Knoll) .......................... 5 11/07/95(I:�SP0501%CSSRW.PLN) 111 LSAAmdates, Inc COASTAL SAGE SCRUB HABITAT RESTORATION/REVEGETATION PLAN NEWPORTER NORTH INTRODUCTION OBJECTIVE This Habitat Restoration/Revegetation Plan (HRRP) provides the direction for: 1) the replacement of up to 3.5 acres of impacted coastal sage scrub (CSS) and the Installation of additional CSS in other graded areas (for a total of 6.0 acres), 2) the restoration of 3.6 acres of preserved CSS along San Joaquin Hills Road, which presently contains a large number of invasive plants, and 3) the conversion of the Newporter Knoll to CSS. The implementation of these three items is required as part of the conditions for approval of Tentative Tract No. 15011 and Site Plan Review No. 70, and as additional mitigation measures developed for the Interim Habitat Loss Mitigation Plan pursuant to the NCCP interim process guidelines and the 4 (d) Special Rule. The location of the Newporter North project is shown on Figure 1. This plan details the tasks required for the restoration and replacement of the CSS within and adjacent to the Newporter North project (Figure 2). This restoration is to replace habitat lost to the construction of this planned residential project, create additional gnatcatcher habitat, and enhance and restore the quality of the adjacent'existing CSS. This will provide increased habitat and dispersal linkage for the California gnatcatcher population within the Upper Newport Bay area. Relocating CSS topsoil from selected areas to be graded, seeding, planting and supplemental planting of containerized plants will be used as methods of revegetation. The relocation of the topsoil is to take place during the pro- cess of grading in August and September of 1995; the initial seeding and planting are to be done during the fall and winter of 1995196; and the sup- plemental planting and seeding completed during the fall and winter of 1996197. The location of this 5.5 acres of restoration area has been selected to provide linkage and habitat on the three sides of the project closest to the bay. The location of the specific treatment areas are shown on Figures 3 and 4. Graded Areas A 6.0 acre portion of the project graded area will be revegetated with CSS. This includes the slope above San Joaquin Hills Road, which will be stabi- lized, and the flat area and gentle slopes at the top of the bluff and at the south end of the project. These areas are to be planted with container 11/07/95 (1.%SP0501%CSSPMr.PLN) • " • 7/7/95(SPOSOI) • T SA Salc in 1Fmt Topsoil Salvage Area (1900 Yds) I JAMBOREE RD _ \ 1 11- Figure 1 Topsoil Salvage Area P 1 rj • . ��' . �;� ,ram /l / /� / ••��. // r, � � ' •ten • / � � ,III �! ;1,�\\\�.�,1� "••c. '::;, C� •' 1 � �'(I I )(�: � , �� fit' � � � �! i; _ ,. ' 1 I I I JI•�r 11 / ., •r%r �/ �� / ,I /+: •. — � '.••�� • f,l ill! is illl; ;d�l)ji r�,i' ,+/;/� / L µ/, t ,� , ui :ill ail% ''I ::• �, ., la �' �' n , , i Ilrr 'l,Il llli ln:a �� �+•.: dd I• v ca• .^1 Y- . t'•'I I � • r/, /t'))II UO FII •; i�'\} """•�\\1 '.t}I,1 / , i �. j •yt •, .. � ��yy__,��_�..y.,.wc�[ • , ;tt/!//II J�I/,r .,• •, �, il1;u,, Ilr I % II 1 '• \ •• •1F—�"3a.. __'_ • � �} '+lr�I it%/lll.+;�, ;i' ///P r�',/ 1 i .R I 1 1 1 ��' i:' ,, ..'•tl '` / '1/l/'/ j 1!r/��l�l �' li• a' III ��11d+} 1\ 1' ' i i 1 �� • 1 /, + '_,�'J / . '•Q ; I ••:'. x • 7n/95lsr0501t L S Style in Feet 0 100 zoo • i � I l ;: 1 x I I LEGEND: Topsoil Relocation Area (1900 Yds) i Figure 2 Topsoil Relocation Area 4 I •\/\/� gyp' �:� � / J.. \i_ J t • ,'rj � � � II I I ��iil�'!I' �ili � /(I/,7�'7 ; • 1' r•�l l/l li ljfl fill il���lll ;, 1''''.a 'P i / ' 'l UlliiiP' °'•..`�`�/r� �i'/%I jip, /r�:� r'Itlllllfl�l1ip'`, • �/� i�(. VI / //��'r, ��ll ', i'I'I��I jll'5�11`1\ X • I/22/96(SP050I) • 4�1 LSD ooww..? Il 100 200 N A, 11 '110.5 Acres I1 r.G,? '".-T10.8 Acres ' /v � •,•- r" '�_ - 0.2 Acres %1 1 � ' j..•. ' i i� `Ill -� � ,�• __ u LEGEND: Preserved Scrub rhrt' CSS Restoration ® Exotic Vegetation Removal Area 3.6 Acres Wetland -Planting Area per HMMP Prepared ��\•� -` by John M. Tettemer & Associates. I 350 Feet of Snow FI ence (In Place)— f 2.� Acres 0 / ! i%� �^�;__— _� � __�,:, , Ln •"'. CCff ram: �`` �. .o 7 o "�"'�.` �•, JAMBOREE RD •� NAB X i " Site Plan LEGEND: ' CSS Restoration 6/5/95(SPO50c) N • T ["�� wm in Feet • 1A\1J 07 L0 200 • 'rrr �'�I 8.8 Acres r r Figure 4 Newporter Knoll LSAAr date; Inc plants, followed by hydroseeding of the slope above San Joaquin Hills Road and hand seeding of the flat and gentle slopes. Preserved Scrub Above San Joaquin Hills Road This area will receive supplemental planting following the removal of invasive exotic plants, which will leave bare areas in the existing vegetation. Newporter Knoll Establishing CSS on the Newporter Knoll will be accomplished by installing container plants in scattered groupings throughout the site followed by hand seeding of those areas. Although the gross area of this site is 12 acres, the plant establishment area will be less, because only 8.8 acres is covered with annual grasses. The remainder of the area is existing CSS and wetland. The strategy for this site is to get some CSS started, with widespread estab- lishment occurring over a longer term than on the other areas in the project. Site preparation for these areas will consist of cutting and removing the annual grasses and scarifying each planting location. It is recognized that a sizable seed bank of the annual grasses exists on these areas. For this rea- son, installing container plants along with the sowing of some seed on a portion of the area was chosen over the use of seed only. The seed of native perennial species does not compete well with non-native annuals. PLANT PALETTES The plant palettes for the CSS revegetation were selected to replicate as closely as possible the existing CSS community that will be lost to grading and CSS found on the adjacent slopes and bluff. For this reason, the 6.0 acres of replacement in the graded area has been broken into two separate treatment areas: 1) the slope above San Joaquin Hills Road; and 2) the grad- ed areas behind the bluff and road slope. Graded Slope Above San Joaquin Hills Road Coastal Sage Scrub Container Plants The plant list for the container.plants to be used in the 2.5 acre slope above San Joaquin Hills Road is as follows: 11/07/95(r:%sr0501%CSSREsrrlx) 6 LfAAmdates, Inc. Scientific Name Common Name Dudleya lanceolata Isocoma menzlesii Baccbarls pilularis Nassellapulcbra Sambucus mexicana Leymus condensatus Isomeris arborea Suaeda taxifolla Artemisia californica Hncelia californica Total Number of Plants Live forever Coastal goldenbush' Coyote bush' Purple needlegrass' Mexican elderberry Giant wild -rye' Bladderpod Wooly sea-blite California sagebrush California encelia' Coastal Sage Scrub Hydroseeding Total Number of Plants 100 100 100 100 20 100 50 100 100 100 Following the installation of the container plants, the slope above San Joaquin Hills Road (2.5 acres) is to be hydroseeded with the following seed mix: Total Lbs. lbs. Scientific Name Common Name Seed/Acre Seed Artemisia californica Bncelia californica Lotus scoparius Baccbaris emoryi Baccbaris pilularls SiVrincbium bellum Atrlplex canescens AtHplex lentiformis Malicotbrix saxatilis California sagebrush California encelia Coastal deerweed Emory baccharis Coyote bush Blue-eyed grass Fourwing saltbush Brewer's saltbush Cliff malacothrix 5.6 3.0 1.0 .5 2.5 .5 1.5 1.0 .1 14.o 7.5 2.5 1.3 6.3 1.3 3.8 2.5 .5 ' Plants to be inoculated at the nursery with mycorrhizal fungi. (Mycorrhizal fungi attach themselves to the roots of plants and form a symbiotic relationship with the plant by making moisture and nutri- ents more readily available to the plant.) 11/07/95(I:.sP0501.CssRW.PuN) 7 LSAAu date; Inc Scientific Name Common Name Lbs. Seed/Acre Total lbs. Seed Nassellapulcbra Purple needlegrass 1.5 3.8 Lupinus succulentus Arroyo lupine 2.0 5.0 Lastbenia caWornica Goldfields 2.5 6.3 Plantago insularls Wooly plantain 3.0 7.5 Gnapalium caWornicum California .5 1.3 everlasting Hazardia squarrosa Saw-toothed .5 1.3 goldenbush Isocoma menzlesii Coastal goldenbush 1.5 3.8 Erlopbyllum Golden yarrow 1.0 2.5 confertiflorum Total 28.2 71.2 The total amount of seed required for the 2.5 acres of hydroseeding on the San Joaquin Hills Road slope is 71.2 pounds. The purity and germination for all seed shall meet the "S&S Guidelines for Seed Specifications," revised 1992. Graded Flat and Slopes Above Bluff This area includes the graded slopes above the bluff and the San Joaquin Hills Road slope on both the north and the south ends of the project. Coastal Sage Scrub Container Plants The plant list for the container plants to be used in the 3.5 acre graded area to be revegetated is as follows: Scientific Name Common Name Total Number of Plants Dudleya lanceolata Live forever 50 Isocoma menziesii Coastal goldenbush' 240 Baccbaris pilularis Coyote bush' 120 Nassellapulcbra Purple needlegrass' 70 ' Plants to be inoculated at the nursery with mycorrhizal fungi. (Mycorrhizal fungi attach themselves to the roots of the plants and f orm a symbiotic relationship with the plant by making moisture and nutrients more readily available to the plant.) 11/07/95(1.%SP0501%CSSRESr.PId) 8 MAmdatrg I= Scientific Name Common Name Total Number of Plants Sambucus mexicana Mexican elderberry 120 Artemisia californica California sagebrush' 1,200 Isomeris arborea Bladderpod 120 Encelia californica California encelia' 480 Total Number of Plants 2,400 Coastal Sage Scrub Hand Seeding Following the installation of the container plants, the following seed mix is to be hand applied on the flat and slopes above the bluff (3.5 acres): Lbs. Total Lbs. Scientific Name Artemisia calfornica Isocoma menziesii Hazardia squamsa Encelia californica Briogonum fasciculatum Gnapbalium californicum Mimulus aurantiacus Baccbaris pilularis lupinus succulentis Lotus scoparlus Sisyrincbium bellum Nassellapulcbra Eriopbylum confect forum Lastbenia californica Total Common Name California sagebrush Coastal goldenbush Saw-toothed goldenbush California encelia California buckwheat California everlasting Bush monkeyflower Coyote bush Arroyo lupine Deerweed Blue-eyed grass Purple needlegrass Golden yarrow Goldfields Seed/Acre Seed 5.0 17.5 1.5 5.3 0.5 1.8 2.5 9.0 9.0 31.5 0.5 0.5 0.5 2.0 2.0 1.0 1.5 1.0 2.5 M 1.8 1.8 7.0 7.0 3.5 5.3 3.5 .w 30.0 105.8 The total amount of seed required for the 3.5 acres of hand seeding on the graded area above the bluff is 105.8 pounds. The purity and germination for all of the seed shall meet the "S&S Guidelines for Seed Specifications," re- vised 1992. 11/07/95(1.%SP0501%CSSPMT.PLN) 9 M Arches, Inc Preserved Scrub Above San Joaquin Hills Road Supplemental Container Plants The plant palette for supplementing the areas made bare by the removal of the exotic species in the existing CSS on the slope above San Joaquin Hills Road is as follows: Total Number of Scientific Name Common Name Plants Artemisia californica AtHplex canescens Baccbads pilularis Bncelia californica Zeymus condensatus Isomeris arborea Isocoma menzlesii Sambucus mexicana Hazardia squarrosa Suaeda taxifolia Total Newporter Knoll California sagebrush' 100 Fourwing saltbush 150 Coyote bush' 30 California encelia' 50 Giant wild -rye' 30 Bladderpod 30 Coastal goldenbush' 50 Mexican elderberry 10 Saw-toothed goldenbush 50 Wooly sea-blite 50 Coastal Sage Scrub Container Plants M The following plants are to be installed in groups ranging from 12 to 120 plants each (400-4,400 sq. ft): ' Plants to be inoculated at the nursery with mycorrhizal fungi. (Mycorrhizal fungi attach themselves to the roots of the plants and form a symbiotic relationship with the plant making moisture and nutrients more readily available to the plant.) 11/07/95(1:' SP0501%CSSREST.PLN) 10 LtAAtwdates, 1= Scientific Name Common name Total Number of Plants Artemisia californica California sagebrush' 1,470 Briogonum fasciculatum California buckwheat' 730 Bncelia californica California encelia' 730 Nassella pulchra Purple needlegrass' 80 Isocoma menziesii Coastal goldenbush' 180 Briophylum confertii locum Golden yarrow 40 Isomerls arborea Bladderpod 180 Baccharls pilularis Coyote bush' 180 Sambucus mexicana Mexican elderberry 40 Baccharis emoryii Emory baccharis' 40 Total 3,670 Coastal Sage Scrub Hand Seeding Following the installation of the container plants, the following seed mix is to be applied to the areas in which the plants are grouped. In addition, some seed is to be sown in a small amount of the area that will not be plant- ed with containers. Scientific Name Artemisia californica Bncelia californica Lotus scoparius Eriogonum fasciculatum Baccharis pilularts Sisyrinchium bellum Nassella pulchra Lbs. Total lbs. Common Name seed/acre seed California sagebrush 5.6 19.6 California encelia 3.0 10.5 Coastal deerweed 1.0 3.5 California .5 1.8 buckwheat Coyote bush 2.5 8.8 Blue-eyed grass .5 1.8 Purple needlegrass 1.5 5.3 ' Plants to be inoculated at the nursery with mycorrhizal fungi. (Mycorrhizal fungi attach themselves to the roots of the plants and form a symbiotic relationship with the plant by making moisture and nutrients more readily available to the plant) 1W7P95(I:�SPo501%CSSREST.PLN) 11 LtA AmclaNs, r. Scientific Name Common Name Lbs. seed/acre Total lbs. seed Lupinus succulentus Arroyo lupine 2.0 7.0 Gnapalium californicum California .5 1.8 everlasting Razardia squarrosa Saw-toothed .5 1.8 goldenbush Isocoma menziesii Coastal goldenbush 1.5 5.3 Eriophyllum Golden yarrow 1.0 3.5 confertiflorum Total 20.1 70:7 PLANTING METHODS Sources of Plant Materials/Methods of Propagation If possible, all plant materials for the replacement of the CSS shall be ob- tained from vicinity of Upper Newport Bay. For those species that do not exist in large enough quantities within this area to provide adequate seed for the project, it will be necessary to use seed collected from other areas within a three mile radius of the restoration site. Seed for this region was limited during 1994 due to the October, 1993, laguna Canyon fire; however, it is hoped that availability will be greater for 1995. Limitations in seed availabili- ty will be accommodated by off -site seed collection, and possibly the propa- gation of some species from cuttings, if necessary. Provisions will be made with a seed collection contractor as soon as possible to ensure that plant and seed materials will be collected from sites as close to the revegetation area as possible. The required nursery stock shall be contract grown by a coastal nursery that has experience in growing native plants (e.g., Tree of Life Nursery or Village Nursery), to ensure that propa- gules used are collected from approved sites. All planting stock shall be grown in the nursery for a period of at least four, and preferably six, months. With the exception of the cactus, all plants shall be delivered for planting in D-40 containers in a healthy growing condition, with roots filling the con- tainer but showing no tendency toward being rootbound. The cactus shall be grown from cuttings in one gallon containers. Recommended'Planting and Seeding Times The normal germination period for native vegetation and the best season for plant root development and establishment in Southern California occurs during the winter rainy season. For this reason, the planting and seeding of 11/07/95(t:%SP0501%CSSV:sT.PU4) 12 1• i• I• I. the CSS revegetation should be done between approximately October 15 and February 15. However, optimal results will likely be obtained from Novem- ber and December plantings and seeding, depending on the timing of sea- sonal rains. Normally, no revegetation or remedial planting and seeding would occur between February 15 and October 15, because germination is unlikely to occur and plants will likely die due to a lack of moisture. Irriga- tion should not be used to lengthen the planting window. If anything, the use of irrigation to lengthen the planting season will be detrimental by favor- ing the growth of annual weeds, which will surpass the growth of the native plants. However, where CSS is installed on manufactured slopes such as is the case for this project, irrigation helps, over time, to loosen the compacted soil through the wetting and drying process, which causes the soil to swell and shrink. Site Preparation Requirements Graded Areas The slopes of the graded revegetation areas should be finished in a manner that provides a good (e.g., scarified) substrate, with minimum soil compac- tion. The surface of the large regraded slope immediately above San Joaquin Hills Road should be finished with a sheepsfoot roller (as opposed to grid rolling) or trackwalked to provide a surface that offers "safe sites" for seed to germinate and reduce surficial erosion. Following grading, the gentle slope of the graded area at the top of the bluff shall be ripped to a depth of 18 inches. This will be done prior to the replacement of the topsoil. Weed Control In order to maximize the probability of successful revegetation in graded areas, the seed bed and the planting site must be as weed free as possible. If for some reason it is not possible to complete the planting and seeding immediately following grading, it will be necessary to remove all weeds that may become established between the completion of grading and the seeding and planting of the site. This weed eradication is required prior to the weeds going to seed and/or implementation of the plan. Control will employ mechanical methods and/or EPA labeled herbicides; no pre -emergent herbi- cides may be used. In order to prevent unnecessary competition with the native plant communi- ty to be established, no grasses shall be seeded or planted as erosion control measures prior to the native vegetation. In case of heavy rainfall conditions, non vegetative erosion control measures (i.e., sandbags, jute netting, etc) are to be used on the graded slopes between the completion of the grading and the installation of the planned native plant community. 11/07/95(I:%SP0501%CSS=.PLN) 13 0 rMAmdats, me Soil Relocation/Soil Treatments The spreading of CSS topsoil onto the revegetation sites is very valuable in reestablishing the native species. This topsoil contains the spores of mycorrhizal fungi, and many seeds and roots of the desired plant species. In the coastal sage scrub areas (on the flat, not the slope above the road) to be cleared and grubbed, the top six inches of topsoil will be removed, stock- piled, and subsequently placed on the finished slopes to be restored to CSS. This is to be done only to those areas above the San Joaquin Hills Road slope that are deemed practicable by the Revegetation Specialist after consul- tation with the contractor. The boundaries of the topsoil recovery areas, as well as the stockpile areas, will be designated by the Revegetation Specialist before or at the time of grading. Prior to recovering the topsoil, all vegetation in the recovery area is to be shredded in place. The topsoil is then to be picked up (preferably with pad- dle scrapers, but windrowing and picking up with a front end loader may be used), and stockpiled for placement on the finished slopes of the project. The recovered topsoil is to be placed as a top dressing on the restoration sites to an approximate depth of three to six inches. It is to be spread loose- ly, minimizing compaction by equipment (e.g., truck and scraper tires), and is to be bonded to the relocation site with a sheepsfoot roller. Removal of Exotic Vegetation in Preserved CSS Area The slope above San Joaquin Hills Road between Back Bay Drive and the project limits of grading is covered with CSS that has been invaded by exotic vegetation over the past 20 years. Most of this exotic vegetation has become established as a result of the moisture that has been added to the site through the storm drains that empty onto the Newporter North flat. This added moisture is conducive to the germination and growth of such plant species as pampas grass (Cortaderia selloana), Brazilian pepper (Scbinus terebintbtfolius), myoporum (Myoporum laetum), and tamarisk (Tamarix sp), which require more moisture than the native CSS. All of these species plus artichoke thistle (Cynara cardunculus), tree tobacco (Nicotiana glauca), and yellow sweet clover (melilotus indica) are present in this dis- turbed plant community. The pampas grass is to be removed mechanically, making certain that enough of the root system is removed so that it does not have the ability to resprout. All of the artichoke thistle shall be sprayed to wet with a two percent solu- tion of Roundup (glyphosate) to which a dye or colorant shall be mixed in order to identify the treated individuals. All of the woody species shall be cut clean, as close to the soil surface as possible, avoiding breakage of the remaining stem. Immediately after cutting, the sawdust is to be brushed or wiped off the stump, and the stump is to be 11/07/95(1.NSPO501NCSSRESr.PLi) 14 LSA Amdates, Inc treated with Roundup or Rodeo, painted on at full strength. An approved dye or colorant shall be mixed with the herbicide to identify sprayed stumps. Delay in painting the stumps may result in less than optimum results. All vegetative material resulting from the treatment of these species shall be disposed of off site. Nothing need be done about the sweet clover because this species should disappear as a result of the grading, which is expected to reduce the amount of moisture reaching this slope. Newporter Knot[ The existing vegetation on the knoll is mainly annual grasses with some artichoke thistle, curly dock (Rumex crispus), western ragweed (Ambrosla psilostacbya), and a very occasional California sagebrush in the northwest corner. In the grouping areas to be planted with container plants, which will be staked by the Revegetation Specialist, the annual grasses and any other non-native species that might be present are to be cut and removed by hand. All of the artichoke thistle shall be sprayed to wet with a two percent solu- tion of Rodeo (glyphosate approved for use near bodies of water) to which a dye or colorant shall be mixed in order to identify the treated individuals. Fencing and Signing In order to prevent the public from walking through the restoration areas, it will be necessary to install temporary fencing in those areas where perma- nent fencing is not to be installed. A six foot high temporary chain link fence with gate is to be installed along the bottom of the slope bordering San Joaquin Hills Road to the junction with Back Bay Drive. In addition to potential damage from human trespass, abundant rabbits, pocket gophers and ground squirrels in the area may be expected to browse on plantings. If the revegetation monitor determines that the plantings are being jeopardized by wildlife, corrective measures such as temporary rabbit fences or plant cages shall be installed. The standard silt fence will work well for this purpose; otherwise, a three foot high chicken wire fence shall be used. Silt fence fabric fastened to the chain link or chicken wire fence should help deter ground squirrels; this can be implemented if necessary. If these measures are impractical due to topographical irregularity, ground squirrel poison bait stations may be necessary to decrease herbivory. In addition to fencing, small signs labeling the site as a native plant restora- tion area will be placed on all sides of the site. 11/07/95(I:+SP0501%CSSRMT.Pt.N) 15 0 LSAAMdatr; Inc Soil Amendments A soil analysis shall be done to determine fertility and agricultural suitability, and to test for salt and boron toxicity. Soil samples shall be taken prior to site preparation so that a different site can be chosen, should boron or salt toxicity be present. Sampling shall be done under the supervision of a Revegetation Specialist; it shall include at least one test unit from each sur- face soil type present on the site, and should be a composite of at least six samples from the top six to eight inches of each soil type. The soil samples shall be analyzed by a qualified agronomist, who will submit a written report of his recommendations based on the completed soil testing. If soil treat- ment is required, it will be implemented under the direction of a Revegetation Specialist before the placing of the relocated topsoil. Hydroseeding Technique The graded slope adjoining San Joaquin Hills Road shall be hydroseeded between November 1, 1995, and December 31, 1995. The standard hydroseeding technique will be employed, but with two applications applied as follows: First Application 500 lbs./acre of wood fiber mulch. 150 lbs. Of Ecology Control binder (or comparable product). Specified seed. Second Application 1,5001bs./acre of wood fiber mulch. Prior to seeding, all plants shall be covered with paper bags or other suitable cover that is acceptable to the Revegetation Specialist. These covers are to be removed within 24 hours following the completion of the hydroseeding. Hand Seeding Technique On all of those areas outside of the San Joaquin Bills Road slope that are to receive seed, seed shall be applied by hand. This is to be accomplished following the installation of the container plants. The entire area is to be hand seeded with the seed mix described above. Before broadcasting, the seed shall be mixed with a dispersal agent such as rice hulls, bran, or some other acceptable medium that will aid in good seed dispersal and coverage. After broadcasting, the seed is to be lightly raked into the soil surface to ensure good seed contact with the soil. 11ro7/95(1-%SP0501%CssRasr.Puq) 16 ISAA wodar s, rna Planting Tecbnique With the exception of those species noted in the plant list, container plant- ings shall be used to supplement the revegetation achieved with the initial seeding. The total number of plants shown in the container plant list Is the maximum expected number required to meet the performance standards with supplemental coverage. The exact number and location of these plants will be determined by the Revegetation Specialist. The actual number of supplemental container plantings that will be required is expected to be significantly lower than the total number shown. The container plants that are to be planted immediately following seeding shall be spaced in natural looking patterns to replicate the character of the adjacent CSS community as closely as possible. The supplemental plantings will be installed one year following seeding. Both the initial plantings and the supplemental plantings shall be set out on the site under the supervision of a Revegetation Specialist and monitor, with consideration given to the microclimate for each plant. All shrubs and small flowering plants, as well as native grasses, shall be plant- ed according to the following directions: • The size of the planting hole shall be 1.5 times the height and 2.0 times the width of the rootball, and shall have vertical sides with roughened surfaces. • Any roots wrapped around the sides of the container shall be pulled loose from the rootball. The sides of the rootball shall be scarified to promote new root development. • Plants shall be planted with the roots untangled and laid out in the planting hole to promote good root growth and prevent the plant from becoming rootbound. • Roots shall be adequately protected at all times from sun and/or dry- ing winds. • The planting hole shall be backfilled with thoroughly broken up na- tive topsoil. • Plants shall be set in the planting hole so that the crown of the root ball is 0.5 inch above finish grade. The crown of the plant shall not be depressed. • A watering basin 24 inches in diameter shall be provided around each plant. • Each planting hole shall he filled with water before planting and, Immediately following planting, each plant is to be watered with sufficient water to reach the lower roots. 11/07/95(I:tSP0501%CSSREST.P1to 17 rSAAr dat•; 1= IRRIGATION The CSS revegetation does not require permanent irrigation. However, on manufactured slopes the use of irrigation is advisable because it helps to loosen the soil through the expansion and contraction caused by the wetting and drying of the soil. For this reason, the use of irrigation is recommended on the manufactured slopes. Irrigation is to be applied to the site infre- quently but with sufficient water to reach below the lowest roots. This shall be done under the direction of the Revegetation Specialist. MAINTENANCE Maintenance of all plantings and seeding shall be the responsibility of Stan- dard Pacific of Orange County, on a year to year basis as necessary to meet the performance standards (estimated to be three years). Maintenance will include any activities required to meet the performance standards set forth in this plan, in the estimation of the Revegetation Specialist. These include, but are not limited to, supplemental planting, weeding, and the maintenance of signs and fencing for protection from both humans and herbivores. Weed Control For a minimum of three years following installation and major remedial efforts, or until performance standards have been met, weeds shall be con- trolled in revegetation areas to the extent necessary to prevent detrimental competition with container and seeded plantings for water, nutrients and light. Ali non-native invasive weeds shall be removed employing mechanical methods and/or EPA approved herbicides. No pre -emergent herbicides may be used. This shall be done at the direction of the restoration specialist monitoring the installation. Weed species to be removed include, but are not limited to, the following: • Mustard (Brassica and Herschfeldia spp.) • Selloa Pampas grass (Cortaderia selloana) • Pampas grass (Cortaderia jubata) • Bermuda grass (Cynodon dactylon) • Hottentot -fig (Carpobrotus edulis) • Garland chrysanthemum (Cbrysantbemum coronarium) • French broom (Genista monspessulans) • Scotch broom (Cytisus scoparius) • Eucalyptus (Eucalyptus spp.) • Bermuda buttercup (Oxalis pes-raprae) • Radish (Rapbanus spp.) • Castor bean (Ricinus communis) • Russian thistle (Salsola tragus) • German ivy (Seneclo mikanoldes) • Pink periwinkle (Vinca major) 11ro7/95(1.�SP0501.csSarsr.PuN) 18 • • MAmdat..s tm • Gorse (Ulex europaeus) . Wild oats (Avena sp.) • Brome grasses (Bromus sp.) • Cardoon (Cynara cardunculus) • Curly -dock (Rumex a*pus) • Crystalline iceplant (Mesembryantbemum aystallinum) • Small -flowered iceplant (Mesembryantbemum nodiflorum) • Australian saltbush (Atriplex semibiccata) • Sweet fennel (Foeniculum vulgare) • Horehound (Marubium vulgare) • Tocolote and Yellow star thistle (Centaurea sp.) • Sweet clover (Melilotus sp.). • • PERFORMANCE STANDARDS • Graded Slopes and Preserved Scrub • The goal of the CSS mitigation will be to replicate the existing distribution patterns and relative proportions of key coastal sage scrub species within • existing, high quality habitat on the site. Detailed transects of each restoration site will be performed to determine the existing frequencies of those species as measured by percentage of cover. Performance will be assessed based on the restoration area's developing a trend of vegetation • cover diversity and species dominance that is similar to the reference area habitat. Establishment of habitat after five years will be considered successful • if one or more of the following criteria are met: • 1. The ranges of percentage of cover and species diversity of the plant • species in the reestablished habitat shall be statistically inseparable, as determined by multivariate analysis from the percentage of cover and • species diversity in existing, high quality habitat (i.e., habitat occupied by nesting California gnatcatchers). • 2. The habitat supports (for foraging or nesting) California gnatcatchers. • 3. There is mutual agreement by USFWS, CDFG and SPOC biologists • that restoration areas provide habitat for the California gnatcatcher. • Newporter Knoll • The goal of the planting and seeding on this site, as requested by the USFWS, is to establish CSS over a long period of time at a minimal cost. This to be • achieved by establishing some "islands" of plants that will, over time, regen- erate, expand, and eventually form a canopy of CSS vegetation over much of • the site. Consequently, performance for this area will be assessed based on 60•percent of the plants surviving at the end of a five year period, rather than overall vegetative cover. • 11/07/95(1:�SP0501%CSSR r.PI.t) 19 • • • • ISAA=datr; Ina • Progress Toward Performance Standards • During the five years following installation, the following observable features • may be considered to represent progress toward successful establishment of • healthy functional habitat: • Attainment of 60 percent ground cover at the end of three years, with species diversity similar to existing habitat on the adjacent bluff area (except Newporter Knoll.) •0 Germination and growth of a variety of the seeded plant species (total area coverage may be somewhat sparse after the first year). • Presence of young shoots for seeded species/noticeable growth and • new branching for container plantings. •0 Good root development of desired (native) species, which will be checked by a pull test conducted by the revegetation monitor. •0 Lack of significant erosion. • Low percentage of invasive weeds/non-native grasses (0-25 percent cover). • Low mortality rate for container plantings (0-20 percent). • The goal of the revegetation program is to make progress toward the enu- merated performance standards throughout the monitoring period. All necessary steps will be taken to meet this goal. Specific performance stan- dards may be waived by the appropriate governmental agencies if monitoring indicates good growth towards a functional habitat, or if all reasonable cor- rective actions have been identified and implemented. MOMYORING In order to assure that the revegetation performance standards are met, the • entire revegetative process, from the collection of seed to a minimum of three years following the installation, shall be monitored. The site monitor • will be an experienced restoration specialist, biologist, native landscape horti- culturist, or other professional qualified to assess the performance of the revegetation effort and recommend corrective measures, if needed. The • monitoring program will consist of the following: • Overseeing the propagule collection process, including the collection and germination testing of seed. • Initial and remedial planting and seeding operations monitoring as • frequently as twice a week, depending on the conditions. • 11ro7195c1:wsP0501,csstsEST.Pta0 20 • • LSAAmdata; Ina Initial monitoring (e.g., during plant establishment and at 30 and 90 days after initial planting) to determine success of establishment. A survey of the site will be performed if it Is apparent that survival and/or gemination is poor and remedial measures are necessary. The survey will identify the number and species of plants lost and requir- ing replacement. Monitoring for survival, appearance, and function. Monitoring will occur on a semiannual basis for three years following installation (2/96 through 2/99) and annually thereafter until the performance standards are met. A survey of the site to determine plant species composition and percentage of cover will be performed at this time. However, the project shall be considered successful if the perfor- mance standards are met any time prior to the end of the three year period, and no further monitoring would be required. Documentation The first report will be prepared immediately following installation, and will include the dates of all subsequent reports. Throughout the monitoring period, annual reports that include evaluation of survivorship, appearance, development of the habitat, and actions taken will be prepared by the site monitor, and will be submitted to SPOC, the City of Newport Beach, USFWS and CDFG. Monitoring and reports will include photo documentation at specified locations. In the reports, the site monitor should state conclusions regarding the success or failure of each restoration area, including specific evidence supporting the conclusions reached. REMEDIAL MEASURES The purpose of the remedial measures is to remedy unsuccessful restoration efforts, as indicated by non-native species or bare ground. Remedial mea- sures, as identified in the monitoring report, include weed eradication, re- placement of dead or diseased container plantings, and/or reseeding in areas as necessary to meet the performance standards. Such actions will be taken immediately upon the identification of problems, and will occur as often as necessary to meet the performance standards. The removal of dead and/or diseased container plants is left to the discretion of the site monitor. 11ro7r95(1:%SP0501,cssnasr.Puq 21 MAY-29-1998 11:13 STANDARD PACIFIC —OC. AT 7146415571 P.01/02 STANDARD PACIFIC May 29, 1998 Mr. Marc Myer Planning Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Harbor Cove (Newporter North) Dear Mr. Myer: We have contacted The Irvine Company in response to your request for a current Archeo/Paleo report and a current Upper Bay Coyote use report relative to harbor Cove in Newporter North. Attached is the cover sheet of the current Archeo/Paleo report by Macko company. A full copy of the report will be delivered to your office this afternoon. According to The Irvine Company, the coyote report dated May 1995 is the most current report. They are reviewing your request and will determine if another report can be provided. Thank you for your assistance. Please let me know if you have any questions. Sincerely, David S. Foell Project Manager :psr Attachment I �- i�- Cx Change Counry Vivbion 1565 W. MwArrhur Blvd., Cosra Mesa, CA 92626 TEL (714) 668.4300 FAX (714) 641-5571 MAY-29-1999 11:13 x STANDARD PACIFIC -OC. AT 7146415571 P.02i02 m4cka 14104C� EXECUTIVE SUMMARY OF MITIGATION MEASURES IMPLEMENTED PURSUANT TO THE OPERATION PLAN AND RESEARCH DESIGN FOR THE PROPOSED NEWPORTER NORTH RESIDENTIAL DEVELOPMENT Michael E. hilacko With Contributions By: Jeffrey S. Couch, Henry Koerper, and Pig Langenwaiter Submitted By: Maclw, Inc. 22112 Cape May Lane Huntington Beach, California 92646 (714) 96&9022 (714) 966-0923 Prepared For. I<twine Community Development Company 550 Newport Center Drive Newport Beach, California 92658-8904 May 20,1998 TOTAL P.02 MAY-29-1998 01:33 STANDARD PACIFIC 414 641 5560 P.02i02 40 IRVINE COMMUNITY DEVELOPMENT COMPANY May 29, 1998 Ms. Patty Temple Planning Manager City of Newport Beach. 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Newporter North — Report on Coyote Use of Upper Newport Bay and Adjacent Urban Land Areas Dear Patty: The above referenced report dated May 1995, was received from Drs. J. Shane Romsos and Richard T. Golightly, Jr., Department of Wildlife, Humboldt State University was provided to your office. Please be advised that we have contacted Dr. Golightly to determine when a subsequent report will be available. When it is completed, we will send a copy to your office. If you have any questions concerning this matter, I can be reached at 720-2129. Sincerely, Norman E. Witt, Jr. Vice President 550 Newport Center Drive, P.O Box 6370, Newport Beach, California 926SM370 (714) 720-2000 A Su6:i5ary of The Imne CofnOany TOTAL P.02 MAY-29-1998 01:33 STANDARD PACIFIC 414 641 5560 P.01i02 STANDARD PACIFIC OF ORANGE COUNTY I565 West MacArthur Boulevard, Costa Mesa, California 92626 DATE: May 29, 1998 PAGES (including cover sheet): 2 TO: Marc Myers COMPANY: City of Newport Beach FAX NO.: FROM: Peggy Cox SUBJECT: Harbor Cove (Newporter North) COMMENTS: Hi Marc - Attached is a copy of the letter from TIC as requested, Please let me know if you have any questions. Thank you. �' K3el This written message is for the exclusive use of the addressee and contains confidential, privileged and non- disclosable injorntarion. If the recipient of this message is not the addressee, or a per on responsible for delivering the message to the addressee, such recipient is prohibited from reading or using this message in any way. If you have received this message by mistake, please call us immediately and destroy the telecopy, message FOR PROBLEMS OR QUESTIONS REGARDING UnS TRANSMISSION, PLEASE CONTACT US AT: (714) 668-4300 BXT: 389 FAX NO.: (714) 641-5571 y9, IRVINE COMMUNITY DEVELOPMENT COMPANY May 29, 1998 Ms. Patty Temple Planning Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Newporter North — Report on Coyote Use of Upper Newport Bay and Adjacent Urban Land Areas Dear Patty: The above referenced report dated May 1995, was received from Drs. J. Shane Romsos and Richard T. Golightly, Jr., Department of Wildlife, Humboldt State University was provided to your office. Please be advised that we have contacted Dr. Golightly to determine when a subsequent report will be available. When it is completed, we will send a copy to your office. If you have any questions concerning this matter, I can be reached at 720-2129. Sincerely, Norman E. Witt, Jr. Vice President 550 Newport Center Drive, P.0 Box 6370, Newport Beach, California 92658.6370 (714) 720.2000 A Subsid,ary of The Irvine Company ly11 IRVINE COMMUNITY DEVELOPMENT COMPANY May 29, 1998 Ms. Patty Temple Planning Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Subject: Newporter North Residential Development — Archeological Report Pursuant to Satisfaction of Conditions of Approval Dear Patty: Enclosed is the most current draft of the Executive Summary of Mitigation Measures Implemented Pursuant to the Operation Plan and Research Design for the Proposed Newporter North Residential Development. It is currently in peer review. If you have any questions concerning this report, I can be reached at (949) 720-2129. Sincerely, Norman E. Witt, Jr. Vice President Enclosure as noted 550 Newport Center Drive, RO Box i EXECUTIVE SUMMARY OF MITIGATION MEASURES - IMPLEMENTED PURSUANT TO THE OPERATION PLAN AND RESEARCH DESIGN. FOR THE PROPOSED NEWPORTER NORTH RESIDENTIAL DEVELOPMENT Prepared By: Michael E. Macko With Contributions By: Jeffrey S. Couch, Henry Koerper, and Paul E. Langenwalter Submitted By: Macko, Inc. 22112 Cape May Lane Huntington Beach, California 92646 (714) 966-9022 (714)966-0923 Prepared For: Irvine Community Development Company 550 Newport Center Drive Newport Beach, California 92658-8904 May 20, 1998 TABLE OF CONTENTS LISTOF FIGURES..................................................................................................................................................IV ADMINISTRATIVEBACKGROUND.................................................................................................................... I CITY OF NEWPORT BEACH CONDITIONS 2 .................................................................................................................... COASTAL COMMISSION CONDITIONS......................................................................................................................... 5 Native American Coordination........................................................................................................................... 6 HumanRemains.................................................................................................................................................. 6 Curation.............................................................................................................................................................. 6 RESEARCH AND EXCAVATION PROGRAM..................................................................................................... 7 STATEMENT OF OBJECTIVES..................................................................................................................................... / PREVIOUSEXCAVATION............................................................................................................................................ 7 COLLECTIONSRESEARCH.......................................................................................................................................... 9 GEOPHYSICALSURVEY........................................................................................................................................... 10 INITIALCHARACTERIZATION................................................................................................................................... 10 INITIAL DATA RECOVERY....................................................................................................................................... 11 FINALDATA RECOVERY......................................................................................................................................... 12 DOCUMENTATION................................................................................................................................................... 13 RECOVERYPROCEDURES.................................................................................................................................13 ..,1 COLLECTION METHODS.......................................................................................................................................... 13 FieldMethods.........................................................................................................................I.......................... 13 LaboratoryMethods......................................................................................................................................... 16 Sorting............................................................................................................................................................................ 16 Cataloging.......................................................................................................................................................................16 FeatureProcessing..........................................................................................................................................................17 DataManagement........................................................................................................................................................... 17 RESEARCHDESIGN..............................................................................................................................................18 SETTING................................................................................................................................................................... Is NATURALSETTING.................................................................................................................................................. 19 Geology............................................................................................................................................................. 19 Aquatic Environments....................................................................................................................................... 20 TerrestrialHabitats............................................................................................................................1.............. 22 Paleoenvironmental Issues................................................................................................................................ 24 Environmental Reconstructions......................................................................................................................................24 ShellmakerIsland Pollen Profile.............................................................................................................I......................27 Methods..................................................................................................................................................................... 28 ResultsAnd Interpretation.........................................................................................................................................29 ShellmakerIsland Chronology.................................................................................................................................. 29 Shellmaker Island Early Holocene............................................................................._............__.............................. 30 Shellmaker Island Mid- and Late Holocene...................................................................................................... 31 Summary..............................................................................................................:.......................................................... 34 CULTURALORIGINS --- ----------------- "-'....................................................................................................................... 35 CA-ORA-64 RESEARCH RESULTS..................................................................................................................... 37 THEBIFAcE CACHEs.............................................................................................................................................. 37 Introduction....................................................................................................................................................... 37 1 Mom, (0- i9N" CacheDescriptions.........................................................................................................................................................38 Material Sourcing...........................................................................................................................................................41 Technological and Functional Analysis..........................................................................................................................42 Context & Symbolism.....................................................................................................................................................44 Chronology and Links to the Northwest Great Basin.....................................................................................................45 Discussion................................................................................................................. ....................................................46 CERAMICTECHNOLOGY.......................................................................................................................................... 46 Ceramics Effigies- Regional Context................................................................................................................ 47 0RA-64 Ceramics...........................................................................................................................................................48 Tapered Cylinders........................................................................................................................................................... 51 Plain Cylinders................................................................................................................................................................ 52 Beads.............................................................................................................................................................................. 52 Vessels............................................................................................................................................................................ 52 Balls................................................................................................................................................................................ 53 Molds.............................................................................................................................................................................. 53 FAUNALANALYSIS (PAULE. LANGENWALTER).......... .............. ........................................................ I .................... . 55 Introduction to Analysis.................................................................................................................................... 55 Research Perspective........................................................................................................................................ 57 Paleoenvironmental Reconstruction......................................................................................................: 58 .......... Subsistence and Settlement................................................................................................................................ 59 Seasonality .............................................................................................................. .......................................... 59 Tool Kit Analyses.............................................................................................................................................. 60 Methods............................................................................................................................................................. 61 The Sample........................................................................................................................................................ 63 Discussion................................................................... ... 68 ................................................................................... Biostratigraphy................................................................................................................................................................ 68 Seasonality...................................................................................................................................................................... 70 Summary ............................................................................................................. ........... 72 .................................... SETTLEMENTORGANIZATION................................................................................................................................. 75 Functional Analysis of Site Features...............................................................................................................................77 CHRONOLOGY......................................................................................................................................................... 81 OBSNIANHYDRATIONDATING............................................................................................................................... 84 SERIATIONSTUDIES....................................................................................................................................I........,.. 85 Burial Lot Seriations......................................................................................................................................... 85 Artifact Seriations............................................................................................................................................. 87 ShellBeads.....................................................................................................................................................................88 StratigraphieStudies....................................................................................................................................................... 91 STONETOOLS (JEFFREY S. COUCH)........................................................................................................................ 91 StoneTool Technology...................................................................................................................................... 91 Analytical Approach, Assumptions And Limitations ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„......... ..................... 92 COBBLETOOLS............................................................... .... .................. ,................................................ 93 Hammer Stones............................................................................................................................................................... 93 Anvil Stones...................................................................................................................................................................95 CHIPPEDSTONEARTIFACTS.................................................................................................................... 95 Non -Flaked Tools...........................................................................................................................................................95 Choppers......................................................................................................................................................................... 95 ProjectilePoints And Bifaces.........................................................................................................................................96 Crescentics...................................................................................................................................................................... 99 Burinand Microblade Technology...................................................................................................I..................I........100 FlakeTools...................................................................................................................................................................101 Cores.............................................................................................................................................................................103 DebitageAnalysis.........................................................................................................................................................104 TECHNOLOGICAL DISCUSSION.............................................................................................................................104 GROUND STONE TOOLS...................................................................106 ......................................................... Utilitarian Ground Stone ..............................................................................................................................................106 I Maros...........................................................................................................................................................................107 Metates..........................................................................................................................................................................108 Pestle.............................................................................................................................................................................109 Mortarsand Bowls........................................................................................................................................................110 Abraders........................................................................................................................................................................110 NetWeights.................................................................................................................................................................. III Non -Utilitarian Ground Stone......................................................................................................................................111 Stone Discs, Stone Balls, And Cogged Stones.............................................................................................................111 Multi -Use Tools............................................................................................................................................................115 Trade and Raw Material Procurement........................................................................................................... 116 THE THIRD NATIONAL JAMBOREE BY: HENRY C. KOERPER............................................................118 INTRODUCTION..................................................................................................................................................... 118 THESECOND RED SCARE. .................................................... I ................................................................................ 121 THEJAMBOREE..................................................................................................................................................... 124 Location.......................................................................................................................................................... 124 Government Participation............................................................................................................................... 126 Foodand Fun ....................................................... :.......................... :...:............................................................. 129 MoreFun - Entertainment..........................................................................:................................................... 132 ANOTHERAGENDA............................................................................................................................................... 135 ARCHAEOLOGY AND THE 1953 SITE COMPONENT................................................................................................ 140 CONCLUDINGREMARKS....................................................................................................................................... 144 REFERENCES........................................................................................................................................................145 iii LIST OF FIGURES FIGURE 1-- PROJECTAREA. SOURCE: USGS 7.5' QUAD NEWPORTBEACH, CA........................................................... 3 FIGURE 2— NEWPORTER NORTH ARCHAEOLOGY SITES .............. .................................................................... I ... I ... I...... 4 FIGURE3-- PREvlous EXCAVATIONS 8 ............................................................................................................................ FIGURE4-- AERIAL VIEW OF EXCAVATION DURING FINAL DATA RECOVERY. I I ............................................................ FIGURE 5-- DATA RECOVERY EXCAVATIONS............................................................................................................... 12 FIGURE 6--PALEOENVIRONMENTAL RECONSTRUCTIONS FOR COASTAL ORANGE COUNTY .......................................... 19 FIGURE7-- FLANDRGIN SEA LEVEL FLUCTUATION FOR THE SANTA MONICA AND TEXAS SHELVES. (SOURCE: NARDIN ErAL. 1981)• 25 .............................. ................ ... ..... ........ ........................ ................................................ I ... ..... I .... . FIGURE 8-- LOCATIONS OF POLLEN SAMPLES FROM ORANGE COUNTY ARCHAEOLOGICAL STUDIES 28 ............................. FIGURE 9— PLOT OF SHELLMAKER ISLAND RADIOCARBON DATES BY DEPTH............................................................. 30 FIGURE 10— POLLEN PERCENTS FROM SHELLMAKER ISLAND CORE, NEW PORT BAY,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I....... 32 FIGURE 11— LOCATION OF THE ORA-64 AND THE BUCK MOUNTAIN OBSIDIAN SOURCE ............................................ 37 FIGURE 12-- FEATURE 400 DURING EXCAVATION OF BIFACEs. NOTE CYLINDRICAL CHARMSTONE TO RIGHT OF LARGE BIFACE............................................................................................................................................................... 38 FIGURE 13— FEATURE578 DURING EXCAVATION OF THE BIFACES,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 38 FIGURE 14— BIFACES RECOVERED FROM FEATURE 400. BIFACE A= MONTEREY CHERT, BIFACE B. . RHYOLITE....... 39 FIGURE IS- BIFACES RECOVERED FROM FEATURE 578. BIFACE A= RHYOLITE, BIFACE B= BUCK MTN. OBSIDIAN., 40 FIGURE16— INCISED CERAMIC ARTIFACTS FROM ORA-64 49 ......................................................................................... FIGURE 17-- DETAB. OF PuNCTATEIINCISED DECORATIONSTYLE............................................................................... 49 FIGURE 18- PUNCTATE DECORATED CERAMICS FROM ORA-64 49 ................................................................................. FIGURE 19-- DETAIL OFAPPLIQUEEAR ON ANTHROPOMORPHIC FIGURINE ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I..... 50 ,,,, FIGURE 20-- ANTHROPOMORPHIC FIGURINE. NOTE DISTINCT EYES AND PUNCTATE DESIGN FOR NOSE,,,,,,,,,,,,,,,,,,,,,, 50 F1GuRE21— UNDECORATED CERAMICS FROM ORA-64.............................................................................................. 51 FIGURE 22— CERAMIC CYLINDER BEADS FROM ORA-64............................................................................................ 52 FIGURE 23-- VESSEL SHERDS FROM ORA-64.............................................................................................................. 52 FIGURE24-- GLOBULAR/ BALL CERAMIC ARTIFACTS FROM ORA-64......................................................................... 53 FIGURE 25-- MAP OF COMBINED FEATURES 35, 266, AND 268, ORA-64.............................................. I..................... 78 FIGURE 26— PHOTOGRAPH OF FEATURE 35, UNIT 388, SHOWING SCANT BURIAL REMAINS. NOTE MANG & ASSOCIATEDCRANIAL FRAGMENTS IN LOWEwR LEPT (UNIT 392).................................................................... 79 FIGURE27— PHOTOGRAPH OF FEATURE 266, UNIT 1082, SHOWING SCANT HUMAN REMAINS ................................... 79 FIGURE 28— PHOTOGRAPH OF FEATURE 268, UNIT 1578, SHOWING HUMAN BONE ADJACENT TO GROUND STONE CAIRNIN FIGURE 20 80 ........................................................................................................................................... FIGURE 29— PHOTOGRAPH OF FEATURE 268, UNIT 1563, SHOWING CAIRN OF GROUND STONE . ................................ 80 FIGURE 30— PHOTOGRAPH OF FEATURE 266 SHOWING MAIN BURIAL LOCUS............................................................. 81 FIGURE 31-- DISTRIBUTION OF CERAMICS, SHELL BEADS, AND BONE BEADS, ORA-64............................................. 86 FIGURE 32— PLOTTED LOCATIONS OF BEADS, CERAMICS, AND LOCATIONS OF HUMAN BONE ...................................... 87 FIGURE 33-- OLWELLA BIPLICATA WHOLE SHELL BEADS FROM ORA-64..................................................................1. 88 FIGURE 34-- OLIVEU A BARTICA WHOLE SHELL BEADS FROM ORA-64........................................................................ 88 FIGURE 35-- OLIVELLA BIPLICATA BARREL BEADS FROM ORA-64 89 ............................................................................... FIGURE 36—CONUS CALIFORNIANUS WHOLE SHELL BEADS FROM ORA-64................................................................ 89 FIGURE 37-- DENTALIUM PREETIOSUM BEADS FROM ORA-64.................................................................................... 89 FIGURE 38-- CLAM ORNAMENTS (SAXIDOMUS & TrvEtA) FROM ORA-64.................................................................... 90 FIGURE 39—TIVEIASTULTORUM (CLAM) DISC, CYLINDER, AND TUBE BEADS FROM ORA-64.................................. 90 FIGURE40-- PROJECTILE POINTS AND BIFACES FROM OPA-64................................................................................... 97 FIGURE 41-- CRESCENTIC ARTIFACTS FROM ORA-64.................................................................................................. 99 FIGURE 42-- CHART OFsTONE DISC THICKNESS/DIAMETER RATIOS BY STONE DISC TYPE ....................................... 113 FIGURE 43-- STONE DISC FACIAL DIAMETER BY DISC TYPE...................................................................................... 113 iv ����/► `_' FIGURE 44-- FREQUENCY OF STONE DISCS BY TYPE................................................................................................. 114 FIGURE 45-- STONE BALL DIAMETERS MEASURED ON TWO PERPENDICULAR PLANES . ............................................. 115 FIGURE46-- JAMBOREE CITY.................................................................................................................................... 118 FIGURE 47--CAMP HOUSING. COURTESY, HISTORICAL COLLECTION, FIRST AMERICAN TITLE INSURANCE COMPANY. .. . . ......... 119 FIGURE 48-- SOUVENIR MEDALLION WHICH SUMMARIZES THE IDEOLOGICAL PURPOSE OF THE THIRD NATIONAL JAMBOREE....................................................................................................................................................... 119 FIGURE 49-- JAMBOREE ARTIFACTS RECOVERED BY A CALIFORNIA STATE COLLEGE (FULLERTON) ARCHAEOLOGY FIELD CLASS ................... ............................ 120 ...................................................................................................... FIGURE 50-- OBSIDIAN CHUNK TRANSPORTED TO CA-ORA-64 IN 1953..................................................................... 120 FIGURE 51-- PERFORATED MUDSTONE OBJECTS. A) CA-ORA-378; B) CA-ORA-64.................................................. 121 FIGURE 52-- GLASS PROJECTILE POINT OF BOY SCOUT MANUFACTURE..................................................................... 121 FIGURE 53--'COLOR GUARD AT THE THIRD NATIONAL JAMBOREE. COURTESY, HISTORICAL COLLECTION, FIRST AMERICAN TITLE INSURANCE COMPANY......................................................................................................... 122 FIGURE 54-- FLAGS OF THE "FREE NATIONS" AND REPLICA OF THE LIBERTY BELL. COURTESY, HISTORICAL COLLECTION, FIRST AMERICAN TITLE INSURANCE COMPANY . ........................................... I............................ 123 FIGURE 55-- SCOUT POINTS TO A SIGN OF THE TIMES. COURTESY, HISTORICAL COLLECTION, FIRST AMERICAN TITLE INSURANCECOMPANY ..................................... ... ............................................................................................. 123 FIGURE 56-- SCOUT LAW ON DISPLAY AT THE MAIN ENTRANCE WAY TO JAMBOREE CITY. COURTESY, SPECIAL COLLECTIONS, UCI LIBRARY........................................................................................................................... 124 FIGURE 57— BOY SCOUT JAMBOREE MAP. PUBLISHED BY THE BOY SCOUTS OF AMERICA...................................... 125 FIGURE 58— WORKMEN OFFLOADING TENTS AND OTHER EQUIPMENT. IN ADDITION TO SERVING AS SLEEPING QUARTERS, TENTS -HOUSED COOKING AND SHOWERING FACILITIES, TELEPHONE EXCHANGES, OFFICIAL SWAPPING ZONES, AND INFIRMARIES.................................................................................................................................. 126 FIGURE 59-- BUSES AWAITING ARRIVAL OF SCOUTS TRAVELING TO THE JAMBOREE BY TRAIN. COURTESY, HISTORICAL ,_• r COLLECTION, FIRST AMERICAN TITLE INSURANCE COMPANY......................................................................... 127 FIGURE 60-- TENTS BEING SET UP. COURTESY, SPECIAL COLLECTIONS, UCI LIBRARY ............................................ 127 FIGURE 61-- MARINE CORPS BAND WELCOMES SCOUTS ARRIVING AT THE SANTA ANA TRAIN STATION. COURTESY, HISTORICAL COLLECTION, FIRST AMERICAN TITLE INSURANCE COMPANY . .................................................... 128 FIGURE 62-- BOYS INVOLVED IN SWAPPING. COURTESY, HISTORICAL COLLECTION, FIRST AMERICAN TITLE INSURANCECOMPANY..................................................................................................................................... 129 FIGURE 63-- JAMBOREE SOUVENIR NECKERCHIEF. AUTHOR'S COLLECTION............................................................... 129 FIGURE 64-- REGIONAL SOUVENIR PATCH. AUTHOR'S COLLECTION............................................................................ 130 FIGURE 65-- JAMBOREE SOUVENIR PATCH. AUTHOR'S COLLECTION......................................................................... 130 FIGURE 66-- NODULE OF CARBORUNDUM, A MAN-MADE MINERAL RECOVERED IN RECENT ARCHAEOLOGICAL INVESTIGATIONS AT CA-ORA-64...................................................................................................................... 131 FIGURE 67-- JAMBOREE SOUVENIR PIN. AUTHOR'S COLLECTION................................................................................ 131 FIGURE 68-- RECENT FINDS FROM CA-ORA-64. FLATTENED PENNY (A REMINDER OF THE RAIL TRAVEL THAT CONVEYED THE MAJORITY OF SCOUTS TO THE IRVINE RANCH)'AND A MEXICAN COIN ............ :........................ 132 FIGURE 69-- BENJAMIN FRANKLIN TOKEN, RECENTLY EXCAVATED AT CA-ORA-64................................................ 132 FIGURE 70-- LIBERTY BELL MEMENTO DISCOVERED AT CA-ORA-64........................................................................ 133 FIGURE 71-- SOUVENIR PROGRAM. PHOTOGRAPH COURTESY SPEciAL COLLECTIONS; UCI LIBRARY ...................... 133 FIGURE 72--NING PO SOUVENIR, A GIVEAWAY AT THE THIRD NATIONAL BOY SCOUT JAMBOREE. FROM THE COLLECTION OF THE SHERMAN LIBRARY ......................................................................................................... 134 FIGURE 73-- GASTROPOD SHELL FROM CAPE MAY, NEW JERSEY, RECOVERED AT CA-ORA-64 ............................... 134 FIGURE 74-- A REMEMBRANCE OF JAMES IRVINE, JR. GIVEN BY THE IRVINE FAMILY TO BOYS ATTENDING THE 1953 JAMBOREE. AUTHOR'S COLLECTION............................................................................................................... 135 FIGURE 75-- BOYS POSING BEFORE THEIR OBSERVATION TOWER, AN IMPOSING MONUMENT TO THEIR CONSTRUCTION SKILLS. COURTESY, SPECIAL COLLECTIONS, UCI LIBRARY ............................................................................ 136 FIGURE 76-- OPEN AIR PAVILION WHERE EXPLORER SCOUTS "SHOWED THEIR STUFF." COURTESY, HISTORICAL COLLECTION, FIRST AMERICAN TITLE INSURANCE COMPANY......................................................................... 136 FIGURE 77-- PLAYING ON THE STEREOTYPE THAT EVERYTHING IN TEXAS IS LARGE, THESE BOYS PRODUCED THE GATEWAY TO THEIR TENT AREA USING AN OVERSIZED PAIR OF LEE RIDERS. REGIONAL HUMOR ABOUNDED AT THE JAMBOREE. COURTESY, SPECIAL COLLECTIONS, UCI LIBRARY.............................................................. 137 FIGURE78-A MASSIVE MAP OFTEXAS LEAVES NO DOUBT ABOUT THE ORIGINS OFTHIS GROUPING. COURTESY, SPECIALCOLLECTIONS, UCI LIBRARY 138 .............................................................................................................. FIGURE 79-- STAGE BACKDROP FOR AMPHITHEATER. COURTESY, HISTORICAL COLLECTION, FIRSTAMERICANTITLE INSURANCECOMPANY................................................................................................................I.................... FIGURE 80- SCOUTS AND JAMBOREE VISITORS WATCHING A PERFORMANCE IN THE AMPHITHEATER. COURTESY, 139 SHERMANLIBRARY.......................................................................................................................................... FIGURE 81-- COMPOSITE OF 1953 AERIAL PHOTOGRAPH OF BOY SCOUT JAMBOREE AND PREHISTORIC FEATURE 140 LOCATIONSFROM ORA-64............................................................................................................................... FIGURE 82-- LOCOMOTIVE USED IN THE "BUILDING OFA NATION" PERFORMANCE, COURTESY, HISTORICAL 141 COLLECTION, FIRST AMERICAN TITLE INSURANCE COMPANY......................................................................... 142 FIGURE83-TWOVINTAGELOCOMOTIVESAREINPLACEFORTHE'BUILDINGOFANATION"PAGEANT. COURTESY, HISTORICAL COLLECTION, FIRST AMERICAN TITLE INSURANCE COMPANY ..................................................... 143 Vl LIST OF TABLES TABLE 1- RADIOCARBON DATES FROM POLLEN CORE SAMPLES.................................................................................. 29 TABLE 2-- TRACE AND SELECTED MINOR ELEMENT CONCENTRATIONS FRO THE RHYOLITE AND OBSIDIAN BIFACES 41 FROMORA-64 (HUGHES 1996)•........................................................................................................................ TABLE 3- ATTRIBUTES of THE FOUR BIFACES FROM ORA-64................................................................................... 43 TABLE 4-- CERAMIC ARTIFACT TOTALS BY TYPE 48 . ....................................................................................................... CERAMIC ARTIFACT TYPES BY DECORATION STYLE 54 TABLE 5- .................................................................................. TABLE 6 - LIST OF VERTEBRATE TAXA RECOVERED FROM ORA-64, IN AGGREGATE; GIVEN BY NUMBER OF IDENTIFIABLE SPECIMENS (NISP), AND WEIGHT IN GRAMS(WT)..................................................................... 64 TABLE 7- SEASONAL RESIDENCE PATTERNS FOR BIRD SPECIES, EXCLUSIVE OF RESIDENTS, IDENTIFIED AT ORA-64.. 73 TABLE 8- CALIBRATION OF SEASONAL PERIODICITY FOR ANNULAR READINGS OF OTOLITHS FOR ORA-64................. 74 TABLE 9- AMS RADIOCARBON DATES FROM ORA-64.............................................................................................. 83 TABLE 10-- HAMMER STONE TYPES BY MATERIAL...................................................................................................... 94 11-- CHOPPERS BY MATERIAL 96 TABLE .......................................................................................................................... TABLE 12- BIFACES, PROJECTILE POINTS, AND KNIVES............................................................................................... 96 TABLE 13-- BURIN AND MICROBIADE TECHNOLOGIES............................................................................................... 100 TABLE 14-- DRILLS/ REAMERS BY MATERIAL 101 ............................................................................................................ 15--EDGE AND INDICATED USES 102 TABLE ANGLES ........................................................................................................ FLAKE 102 TABLE16-- TOOLS.......................................................................................................................................... CORE 104 TABLE 17- TYPES BY MATERIAL..................................................................................................................... TABLE 18-- MANOS BY MATERIAL 107 ............................................................................................................................. 109 TABLE 19-- MF;TATES BY MATERIAL .......................................................................................................................... TABLE 20- ABRADER TOOLS BY MATERIAL 110 .............................................................................................................. TABLE 21-- STONE DISCS, STONE BALLS, AND COGGED STONES................................................................................ 112 TABLE22-- MULTI -USE TOOLS.................................................................................................................................. 116 '�%%'� Vil t44d4vi ADMINISTRATIVE BACKGROUND This report summarizes one of largest privately funded archaeological projects in United States history. The subject of the archaeological study is CA-ORA-64 (the ORA-64) located on the east bluffs of Newport Bay in Newport Beach, California (Figure 1). The archaeological program was guided by strict research parameters outlined in the Research Design/Operations Plan (Macko 1994) approved by the California Coastal Commission. The latter was a component of a Coastal Development Permit application submitted on behalf of the Irvine Company as part of the proposed Newporter North development. The Newporter North project is now known as Harbor Cove (project area). The Research Design/Operations Plan was prepared in 1994 by Macko, Inc. to guide a program of archaeological site preservation, testing, and excavation on two contiguous parcels, one proposed for open space dedications and the other for residential development (Figure 2). The proposed development parcel is known as Newporter North, and includes five prehistoric archaeological sites, CA-ORA-51, -52, -64 -100, and -518. All sites in Newporter North except ORA-64 and ORA-100 were left untouched and unexamined in dedicated open space. The other parcel, Newporter Knoll, is located south of Newporter North. Newporter Knoll contains three archaeological sites: CA-ORA-50, -99A and -99B. Since the entire Newporter Knoll parcel is to be dedicated open space, all of these sites have been preserved. The majority of the archaeological sites (6 of 8), therefore, were preserved, and only two sites, ORA-64 and ORA-100 were the subject of data -recovery excavations. The Newporter North project area was the site of two previous archaeological studies (ARI 1977; Drover et al. 1983) that established clearly that the sites, particularly ORA-64, were highly significant for archaeological research and heritage preservation. In 1977 the site was dated as the oldest site in Orange County and was thought to hold the earliest known ceramic objects in North America. Though ORA-64 is now joined by several other sites as among the most ancient settlements in Orange County, the ceramics are still among the earliest in the New World. Archaeologists have had high expectations for ORA-64. It was always expected that ORA- 64 would be the laboratory in which archaeologists would be able to answer important questions about the fast people of Orange County. The research design for the mitigation excavations was built on the earlier work by beginning where previous researchers left off. It has been intended that this large project would provide the best vehicle with which regional syntheses could be accomplished and thereby produce a synergy of the ORA-64 data with the voluminous data compiled from the south coastal region since the 1980s. The data recovery program conducted at ORA-64 was designed around its established significance and encompassed numerous measures to mitigate the effects of residential development through data -recovery excavation and analysis of the finds. The result of this comprehensive, intensive data -recovery project is that an unprecedented compilation of information about life at ORA-64 based on the most rigorous scientific archaeological standards. The data - recovery project mitigated all adverse impacts to ORA-64 by giving us a remarkable view of life above Newport Harbor between 4000 and 9500 years ago. City of Newport Beach Conditions The specific mitigation measures involved in this program of preservation and data recovery are specified in an EIR prepared for the City of Newport Beach, as follows: 58. Prior to the use or development of the open space areas for passive recreational uses, CA- ORA-51 and CA-ORA-518 on the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A reportshall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. Implementation: There are no plans for development of the open space areas in the vicinity of ORA-51 and ORA-518 into passive recreational uses. Therefore, no testing or surface collection was conducted at these sites. 59. Prior to the issuance of a grading permit, the applicant shall conduct a surface collection of the eastern extension of CA-ORA-100 [previously tested by LSA (1987)] which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a city -approved archaeologist. A report shall be prepared detailing all findings of the surface collection and submitted to the Pluming Department within 90 days of completing the surface collection. Implementation: Due to design changes of the Ne"rterNorth development, site ORA-100 became subject to impacts from project development. The data recovery program for ORA-64 was therefore extended to OR4-100 This data -recovery program is summarized herein. 60, Prior to issuance of grading permits, the applicant shall conduct a data recovery program at CA-ORA-64 on the Newporter North site. The program shall be conducted by a city - approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the data recovery program. Implementation: The data recoveryprogram was implemented in seven stages. These stages included Research Design Development, Collections Research, Geophysical Survey, Initial Sampling, Initial Data Recovery, Final Data Recovery, and Construction Monitoring. The first excavation took place on 19 January 1995. The excavation lasted through 14 May 1996, and monitoring of construction was completed on 15August 1996. The investigation produced 1900 excavation units 2 M6 1"C • measuring one meter square. These units included over 7690 lots, the majority of each measuring one -meter square, 10 centimeters deep. 61. Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified archaeologist shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA-ORA-51.52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. Implementation: No impacts from grading or drainage improvement resulted in impacts to ORA- 51, -52, or —518. Therefore, no testing or surface collection was conducted at these sites. FIGURE' t-- PRon:Cr ARHA, SOURCE.: USGS 7.5' QUAn Nl:wpoK'r BEACH, CA. 3 4 Mom. I"C. NNE. Coastal Commission Conditions The conditions required by the City of Newport Beach were accompanied by Coastal Development Permit conditions required by the California Coastal Commission (Commission). The archaeological excavations were considered a "Development" by the Commission, which has jurisdiction over the issuance of permits for development within the coastal zone that encompasses Newporter North. In defining projects the Commission uses the standard three-part scheme of archaeological project development that includes the following phases: 1) Archaeological Reconnaissance: This initial phase is designed to locate archaeological sites. It typically involves background research and a surface reconnaissance. Occasionally the reconnaissance will require some subsurface testing to determine or confirm the presence of an archaeological resource. This phase has been completed for all archaeological sites within the Newporter North development area. 2) Testing and Deternunation of Significance: Where an archaeological site has been found in the reconnaissance, further work is performed to define the precise location and boundaries of the archaeological site, and to evaluate its composition and • significance. A site's significance is determined on the basis of site integrity, scientific research potential, ethical and historical value and the potential for public appreciation. This phase has been completed for sites ORA-64 and -100. There is no data available to determine the significance of sites ORA-50, -51, -52, and —518, but these sites remain untouched in open space. 3) Mitigation and Data Recovery: The mitigation plan details constraints and permit conditions which will apply to the proposed project, stipulating actions to preserve sites or mitigate unavoidable damage to sites detemuned to be significant through a testing phase investigation. This phase has been completed at ORA-64 and ORA-100. This third phase was the focus of the archaeological investigation at ORA-64 and ORA- 100. Because the scope of the archaeological investigation was large and involved a complex and important resource, a research design was included as part of the development permit application along with an operations plan. The research design is an explicit statement of research objectives and a program for carrying out these objectives. The operations plan summarized the procedures and scope of work conducted and was prepared specifically for the purpose of Coastal Development Permit review. M4e4vi liolc • 5 Native American Coordination The Newporter North development falls within territory regarded as aboriginally Gabrieliffo and Juanefio. We included representatives of the Native Californians in the project, to promote communication among various groups of native Californians and the archaeological community, and to incorporate the Gabrielifio, Juanefio, and Native American Heritage Commission perspectives into the research process. Part of this process included 1) Native American participation in the project as monitors and/or field/lab staff, 2) development of personal communication lines that ensured quick, efficient, and accurate communication with tribal groups, and 3) the dignified treatment of Native American graves and grave goods as suggested by the most likely descendant designated by the California Native American Heritage Commission. Human Remains All human remains were identified by Mr. Paul Langenwalter II of Heritage Resource Consultants. Immediately upon the discovery of human remains, the Orange County Sheriff - Coroner was notified, and they in turn requested the Native American Heritage Commission to designate the most likely descendant. Mr. David Belardes and Mr. Jim Velasques were so designated. Further, W. Domingo Belardes acted as the Native American monitor. Macko, Inc. established procedures satisfactory to the Orange County Sheriff -Coroner for reporting the discovery of remains. It was understood that documenting human remains and associated grave goods and analysis of such material would not be done in deference to the wishes of the most likely descendants. Curation All cultural material, both sorted and unsorted, was prepared for permanent curation using currently accepted curatorial standards. The Irvine Company will maintain ownership of the collections until a suitable curation facility is located. Copies of the field records, catalogs, box inventories, all other data pertinent to the archaeological record, and reports also are to be curated with the material. The Irvine Company is seeking a suitable repository in Orange County for the materials. An important issue with such large-scale data recovery is the overwhelming quantity of materials that need to be stored and displayed. Ail shell, stone, and bone artifacts, a sample of shellfish remains, all terrestrial and marine faunal remains, and a sample of stone tool manufacturing debitage are being curated. A small sample of burnt stones has been selected for possible future thermoluminescence dating studies. Those not selected were discarded after identification and cataloging. All human remains identified have been reburied along with all artifacts identified as associated grave goods. There are still unsorted samples of screen residuum from features that will be curated along with the sorted and identified material. These unsorted samples are an important component of the collection, as they will provide abundant research material for testing hypotheses in years to come. M464 ifr*c 0 RESEARCH AND EXCAVATION PROGRAM Statement of Objectives As stated in the Operations Plan/ Research Design submitted and approved by the California Coastal Commission in December 1994. the research and excavation plan for ORA-64 included data recovery and/or in situ preservation for eight archaeological sites. One of the sites, ORA-64, is among the largest and oldest archaeological sites in Orange County. This site was the primary focus of this data recovery project. It was assumed that some portion(s), or core area(s).of ORA-64 could be identified as having the greatest scientific and cultural significance and that these latter areas would be the focus of comprehensive and intensive data recovery efforts. At the conclusion of the data recovery project, the scientific information that ORA-64 contained was completely recovered based on the most rigorous standards of scientific archaeology. The primary objective to be addressed in data recovery is the implementation of the most reasonable scientific methods to recover and preserve the data from ORA-64 so that current and future research questions could be addressed. Previous Excavation Three previous archaeological programs had been conducted at ORA-64 (ARI 1977; Drover et al. 1983; LSA 1987). Figure 3 illustrates the locations of previous excavations in relation to the core area boundaries identified by ARI through analysis of surface collected artifacts (1977:22). The three programs differed in scope, purpose, and level of analysis. The first and largest excavations at ORA-64 were conducted by archaeological field classes under the direction of Professors Drover (California State University, Fullerton), Fenenga (California State University, Long Beach), and Wallace (California State University, Long Beach). The initial field class was from California State University, Fullerton in 1971. Subsequent field seasons incorporated field classes from Cypress College and Golden West College, though all excavations were still under the direction of Drover and Fenenga. These field classes excavated forty-four (44) lm x 2m units, eleven (11) 3m x 3m units, and three (3) 1 in x Im units with an estimated total volume of 150 cubic meters. In addition, 50% of the site core area was systematically surface collected in a checkerboard of grids measuring 10 meters square. The majority (75%) of objects recovered by the field classes are currently uncataloged and unanalyzed. The 25% that have been analyzed is reported by ARI (1977) and Drover et al. (1983). The results indicated that ORA-64 is an important site rich in a variety of artifacts. At the time, radiocarbon Mom, frc- 7 dates indicated it to be one of the oldest sites in Orange County that may have been a primary residential base of the earliest coastal population of southern California. FIGURE 3— Mvious ExcAVATioNs, The ARI excavations included only five units, each 1.5m x 1.5m, totaling an estimated nine cubic meters. ARI also analyzed 11 (25%) of the 1 m x 2m units excavated by the California State University, Fullerton field class, and they incorporated the previous surface collection data with their own 25% surface sample to develop the density contour map illustrated in Figure 3. The LSA study was limited to boundary testing in the most marginal areas previously identified. Their results are of some consequence to the current data recovery program in adding information on site boundaries. The method used for calculating the density contours in Figure 3 was done by ARI using 8 Mom, f4C• approximate interpolation of raw counts of artifacts collected from the surface. Notwithstanding error from the biases of surface collection and the potential inaccuracies in plotting density contours by hand, the plot identifies two gross core areas. The apparent site structure depicted was deemed sufficient to demarcate the location of initial characterization studies. The Data Recovery at ORA-64 was quite large by comparison to most other archaeological projects that have been conducted in the United States. The recently completed Newport Coast Archaeological project (NCAP), designed and implemented in large part by Macko, Inc., was to be the model for the investigation at ORA-64 due to its efficient system of recovery, data management, and reporting procedures Collections Research Previous excavations have recovered large volumes of artifacts, the majority awaiting complete analysis. As shown in Figure 3, previous excavations have been biased toward the western core area and the site perimeter. As such, the previous data are insufficient to characterize the whole site. A complete analysis of existing collections from the previous field classes was attempted prior to initial characterization to provide a more complete picture of site content and structure. The existing collections are stored at California State University, Fullerton (CSUF). Arrangements were made for the analysis of the collections at the CSUF Anthropology Museum. There were a number of logistical issues that needed to be addressed prior to conducting the collection research. The first of these issues included the ability of our staff to associate original field notes with the artifacts recovered. Prior archaeological work included a very large-scale surface collection that was conducted in a checker board pattern of 10-meter squares across the entire site. The collection program included a comprehensive scouring of the site surface by examining every other grid square in the surface collection program, thus forming a checkerboard. The bulk of the collection at CSUF is the surface collected material. The previous excavations at ORA-64 were conducted using non -rigorous techniques of field sorting and coarse mesh screens to recover samples. The result of these sampling and recovery techniques is a relatively small sample. Additional logistical concerns developed when it became virtually impossible to associate individual artifacts with field notes. A practice that had been implemented at CSUF in an effort to train students in laboratory procedures involved the culling of non-artifactual material from the surface collected samples. In many cases, there are no artifacts in the collections although field notes indicate the presence of various artifact types such as scrapers and other common stone tools. These problems made the collections research unhelpful to our work. Still, the previous collections contained some of the most important artifacts obtained from the site. Ceramic figurines, the eccentric stone tools, and evidence of human remains clearly assigned tremendous significance to the site. However, these artifact types and features have been reported thoroughly in the published literature. Geophysical Survey A geophysical survey using a cesium magnetometer was conducted concurrent with collection research. Previous magnetometer surveys conducted for the Newport Coast Archaeological Project, which contained several sites contemporaneous with ORA-64, were especially successful at identifying rock features such as rock -lined fire pits and earth ovens. However, this success was met only at bate Prehistoric sites. Application of this technology at MilUgstone Horizon sites has met little success, however, likely due to the greater exposure to bioturbation and other site disturbances over a longer period of time. Nonetheless, the importance of determining site structure warranted conducting an initial geophysical study in order to obtain an accurate picture of site structure. The results of the geophysical survey showed that the site was heavily disturbed. One complicating factor in using this technology was the difficulty in removing metal debris from old fences, farm equipment, and facilities associated with the Boy Scout Jamboree or historic ranching and farming activities. The soil had been so heavily disturbed by rodents and farming that there were no features identifiable from the magnetometer data. There were some distinct linear patterns evident, however, but these corresponded to the pattern of discing the soil for agriculture and fuel management in the last few decades. Initial Characterization The initial studies were focused on identifying functional categories of artifacts, features, and site components. The definition of discrete site areas was entirely dependenton the ability to identify patterns in composition, condition, and distribution of functional categories of remains. Obtaining data to control these variables was the purpose of Initial Characterization, some of which had been accomplished previously for ORA-64. The analysis of previous collections was expected to provide a better depiction of the horizontal distributions of cultural remains at ORA-64, and add significant data on vertical extent and site configuration. This did not happen, so it was clear at the outset that these data had to be supplemented with samples obtained with much greater control. All previous studies (Drover et al. 1983) used coarse field screening (1/4-inch mesh), so smaller items of importance such as many faunal remains, beads, and exotic materials were poorly represented if they were recovered at all. It was anticipated, however, that the existing collections would provide a good sample for characterizing Ethic technology, but this expectation was not met. The Initial Characterization sampling frame used a 20-meter sampling grid covering the entire site as defined by previous research (ART 1977; ISA 1987). Within the coarse grid we overlaid a "fine" grid of units spaced at 10-meter intervals. The fine grid overlaid the two core areas identified by ARI (1977). Phase I of the Initial Characterization sampling design involved excavating a systematically selected excavation unit measuring one -meter square (lm x lm) in each of the coarse grids. This totaled 137 excavations. The results of this initial exploration were synthesized to determine which of the coarse grids would be subject to a Phase II fine -grid (10- meter) sampling. An additional 89 1 m x 1 m excavations were placed to complete Initial Characterization. These two phases combined brought the total number of units excavated during Initial Characterization to 226 1 in x 1 in excavations. Following the second phase, all materials were analyzed and synthesized to determine which areas would be subject to Initial Data Recovery. Initial Data Recovery This initial phase of data recovery was designed to provide the greatest control over samples to be selected for special analysis. The recovery was especially rigorous and fine-grained. All features identified or suspected to be present as a result of Initial Characterization were excavated in their entirety in this phase. JW nL'i', �� _- JY...• - • - sir 0 S . C'-7• � :CYO) —: .�.; �. ,.• , ys�t MAL FIGURE 4— AFRIAI_ VuiW OF EXCAVATION DURING FINAL DATA RECOVERY. Vu.w is SW TOWARD MOUTH OF NIiwEOR'r BAY. NO'ni SY.TniMA'I'IC GRa) AND OITICIY MECHANICAL SCRI.1:N PROCESSING FACHAW IN LOWFR RIGHT. Initial data recovery produced very few features, all of these being rock concentrations or dense scatters. No distinct human burials were noted. Human bone was identified, however, in a M4e4v, Imo • I I 'r. few excavations as scant bone fragments. Final Data Recovery Final Data Recovery took place after completion of the sample of carefully controlled, hand -excavated units. This phase was designed to recover as many artifacts of specific types, such as the rare ceramic objects, as occur within ORA-64. This phase also assured all potentially significant features, including burials, would be exposed and recovered. This process involved a blend of manual and mechanical excavation. In this process, small blocks measuring 2m x 2m within designated site areas were excavated mechanically and by hand. The excavated soils were transported to mechanical screens (Figure 4) and the materials were size -sorted. Each sample thus screened was rough -sorted for specific contents identified by sample requirements specified during analysis. Large sections of the western and eastern core areas were excavated in this fashion. The results of this process indicated that features existed throughoutthe site, but they often occurred at depths exceeding 70 cm. The final data recovery process then implemented a procedure to strip away soils carefully with Caterpillar 613 paddle -wheel scrapers so that final data recovery could focus on features. This process resulted in the final total of 772 features (Figure 5). 0 Q1 CA—ORA-64 - Excavations By IV Macko, Inc. 1995-1996 •Ig4«+.arW u r.arror� •r•r,w.w r•••w+•tr,•� ■ �..tiy.r+ir FIGURE 5— DATA RECOVERY EXCAVATIONS. 12 MA, W40-c • Documentation This summary will be followed by a final documentation of the data recovery program, which will consist of a comprehensive synthesis of archaeological data. The document will also include all special analyses conducted in addition to the complete catalog of artifacts and photographs. A complete technical report detailing all procedures and results will be prepared. Macko, Inc. will incorporate all relevant archaeological data for comparative regional analyses, especially the data from the Newport Coast Archaeological Project. This will be made available to the public. RECOVERY PROCEDURES In the early stages of planning for archaeological field work, there are a number of steps that must be taken with respect to logistics and data structure. First, the field methodology and manner in which all data are structured must be tied by methodological considerations to the overriding objective of obtaining data useful to addressing research questions. But preliminary to any considerations of research applicability, or other concerns that would be based on very specific data content at the particular sites, is the requirement of characterizing the population of resources that we are dealing with. Evaluating attributes of structure, condition, and composition at Newporter North sites requited standardized recording procedures and identification of attributes, which could be reasonably recorded with accuracy in the field or laboratory in such a manner that data from one site area could be compared to all other site areas. For example, by applying standardized recording procedures one is better able to determine that the density (intensity of use) of one particular site is greater or lesser than another site. Without such standardized treatments, data may be biased and based only on impressions. The purpose of implementing the methods discussed below is to allow the clarification of site and settlement system characteristics based on objective analysis of carefully obtained quantitative data. The following methods were developed by Macko, Inc. during the initial stages of the Newport Coast Archaeological Project and were presented in their entirety in the Research Design for that Project (The Keith Companies 1991:193-202). Collection Methods Field Methods A Lot System was utilized to monitor the status of all excavated material. Each Ix lm x 10cm excavation level is referred to as a lot. A card numbered with a unique lot number is assigned to each excavation level at the beginning of excavation, and this lot card follows the excavated material through all field and laboratory processing. Lot cards contain provenience information, lot M4 e4 44c 13 tp type, and screen size, as well as the initials of the excavator, dry screener, and wet screener. Although unit numbers are assigned, the unique control number used to keep track of all material is the lot number. This simplifies field procedures, and provenience data (discussed below) is recorded on the lot card and can be selected for during analysis. Horizontal controls previously set as nails in concrete columns during the 1977 investigation (ARI 1977) are tied into the Lambert coordinate system. The grid used by the field classes and ARI test was re-established for the data recovery. Additional horizontal and vertical controls were established as necessary, and all grids and controls were plotted on base maps of Newporter North with reference to the Lambert coordinate system. The grid, though following the same alignment as all previous excavations, used northings and eastings in meters as coordinates. Any point on the site can be designated by its coordinates north and east of the grid origin. The datum for each unit was the northeast corner of the unit except in sloping areas where the highest cornerwas used as the datum. Unit datum elevations relative to the site datum were established with a Lietz total station. Each grid was assigned a unit number and excavated in arbitrary 10cm levels. Records generated during field work consisted of lot cards (discussed above), daily field logs, lot coordinate sheets, unit level forms, feature mapping forms, and the site map. Other forms were generated as deemed necessary by field and laboratory requirements. The daily log contains comments about disturbance and reasons for unit termination. The lot coordinate sheet shows what lot numbers were assigned to each level within each quad of each unit and lists the coordinates (northings and eastings) for each quad of each unit. Coordinates given represent the centrold of each 1 x lm quad. Level bottom forms cite the depth below the unit datum for each comer of each excavated lot. Featureformsare discussed below. To provide valid and reliable data to address the research problems, large samples were required. The approach taken on ORA-64 was hand excavation of 1 x lm units systematically spaced at various intervals depending on the sampling stage. A systematic sample, rather than a random sample, is chosen because: 1, precise location of site boundaries need not be known in advance 2, ease of locating units in the field, and 3. equally spaced data points are more suited to displaying the spatial distribution of material across a site since all areas of the site arc equally represented. One of the objectives of the project was to locate features and analyze the distribution of cultural material around them. Use of 1 x lm units made it more likely that features would be encountered in the systematically placed units. These units around features were termed "feature expansion units". For each feature uncovered, both feature forms and maps were generated. Rocks and artifacts drawn on the feature map were given item numbers and their provenience recorded on the feature item list. When appropriate, flotation and pollen samples were collected and given item numbers. 14 Mom, io,4 All excavated material was passed through 1/8th inch dry screens. Column samples were taken systematically during initial recovery and passed through 1/16th inch mesh for the purpose of recovering small beads and faunal material. All material remaining in the screen was bagged, along with its lot card, and taken to the water screening facility where it was washed on a screen the same size as is used during the dry screening process. Once dried, all material remaining in the screen was bagged in double paper bags. The site and lot numbers, along with other pertinent provenience data, was recorded on the outside of the bag. Then the bag was placed along with other bagged lots in a storage box with a list of the lot numbers. Each storage box was given a field box number. A box inventory tracking system was implemented to locate lots (see appendix for form). Stratigraphic information was recorded by drawing and taking photographs of representative unit wall profiles. A photographic record was made to cover all phases of the project. A field photographer was responsible for the recording process, maintaining all on -site cameras, and for creating and updating a computer database for image retrieval. Each exposure made in the field was recorded on a photo log which noted the date, site number, subject, direction of view, roll number, film type, camera used, lens used, and the individual making the exposure. Once developed, the photo was verified with the photo log and grouped into one of the following categories: 1. Site overviews - Areal views of a site prior to and during various stages of data recovery 2. Personnel - Views of field or lab crews demonstrating techniques, processes, or casual interaction 3. Features - All features encountered at all sites with signboard and north arrow included 4. Aerial views - Site overviews from balloon, plane, or helicopter platform 5. Artifacts - In field and laboratory A photo number, made up of the film type, roll number and exposure, was assigned to each image. For black -and -white exposures, a contact sheet and page -sleeved negatives for each roll were filed in an archival binder with the corresponding photo log labeled with the roll number. Color transparencies were filed by roll and exposure number in page sleeves in archival binders. Information about each exposure will then be entered into a computer database. The database will store the photo number, subject, feature number, film type, site number, lot number, and unit number of each exposure. Retrieval for slide presentations or illustration can be accomplished by site and category through a user-friendly computer program which works in tandem with the database. The majority of the record is comprised of color and black -and -white positives and M4 C1 V' fol"tz- 15 negatives on 35mm film. A small portion of the record was committed to VHS video. Special photographic documentation and archiving of artifact images also was undertaken. Laboratory Methods Laboratory processing consisted of four principal procedures: sorting, cataloging, feature processing, and data entry and proofing. Sorting and cataloging was performed by Laboratory Technicians supervised by the Laboratory Director. All lab operations were coordinated with the Laboratory Director in consultation with the Principal Investigator, Michael E. Macko. Sorting Each sorter was assigned one lot at a time to sort. The sorter screened the lot with quarter - inch screens and eighth -inch screens. The quarter -inch material and the eighth -inch material was normally sorted separately. The principal classes of material: lithics, shell, and bone were separated. Unmodified rock was discarded to reduce weight and volume as was fire -affected rock after counting and weighing. Lithics were separated into flaked stone, ground stone, fire -affected rock, and miscellaneous litbics. Flaked stone was sorted by material by a laboratory technician assigned to do initial lithic analysis. Shell hinges, apices, opercula and other non -repetitive elements were identified to species level where possible. Bone was separated into fish and non -fish bone by a laboratory technician assigned to initial faunal analysis. Additionally, the following objects were separated and bagged after the initial sorting process: bifaces, obsidian, omaments and beads, bone tools, shell artifacts, otoliths, effigies, and ground stone tools. Once all material was sorted into the categories mentioned above, it was counted and/or weighed, bagged by class category, and placed in boxes. A tag was filled out and placed in each bag. The lot number and level information was obtained from the lot card and was transferred to the tag. Codes describing the category of artifact or ecofact, and its attributes, also were written on the tag. The laboratory director checked the accuracy of the identifications. A sorting log was maintained to show lot number, how the material was sorted (shell identified to species or not), sorting time, and the sorter's initials. Cataloging The cataloger assigned a catalog number to each separately bagged category of material from each lot. The catalog number was placed on each tag in each bag. The material (except for debitage) was weighed and the weight was written on each tag. Provenience information and descriptive codes from the tags were entered into Microsoft Access (Version 2.0). The catalogers checked the information on the tags against the lot cards to verify accuracy. Afterthe material was cataloged, the lot cards were filed in lot number order. 16 H4446 1410-C All information derived from laboratory analysis and cataloging was entered into a computer database program, (Microsoft Access, Version 2.0), using a numerical encoding system which was initially developed by the University of California, Santa Barbara, and has been adapted to Orange County by Macko, Inc. Use of numerical codes in a series of fields allows for the direct entry of all information into a computer database where it can be sorted, quantified and subjected to preliminary statistical analysis. Feature Processing All items from features (rocks, artifacts, soil samples, and shell) were mapped and given item numbers on the feature maps. Items were routed directly to the feature processing laboratory where they were checked against the feature maps/forms for accuracy, washed, and then identified. As part of the identification process, all rock was inspected to determine if it was fire -affected. This entailed breaking non-artifactual rock with a hammer to determine if the interior exhibited discoloration from heating. As in the initial sorting, fire -affected rock was weighed and counted, and the material type was identified before discarding. When the items were identified, location information was taken from the field feature item list and entered on tags, along with the proper identification codes. The bagged and tagged items were then cataloged. Data Management The data -recovery program produced a huge data file containing millions of items. Macko, Inc. used Microsoft Access. Mapping data were processed utilizing Access, Excel, Autocad, and Surfer. Statistical applications used Mathsoft Plus. ma`' 17 RESEARCH DESIGN There have been several important research designs developed to address Orange County prehistory. The operations plantresearch design developed for ORA-64 included 65 specific research issues and questions (Macko 1994). This latter document was developed out of a research design fast used for the National Register evaluations of prehistoric sites along the route of the San Joaquin Hills Transportation Corridor (SJHTC) (Macko and Well 1986). Other important research designs include the final SJHTC research design (deBarros and Koerper 1990), the Newport Coast Archaeological Project research design (Mason et al. 1991), and most recently the Christ College archaeological project research design (Koerper 1995). Each of these research designs is exhaustive, but no single research design can outline all possible research. A research design should, however, present the salient research interests for the sites in question and utilize comprehensive recovery to ensure that future research can be done that is unforeseen at present. There are numerous questions that anyone particular excavation cannot address. Atthe same time, any piece added to the puzzle is helpful. Even small sites containing limited data can contribute to issues like regional settlement pattern, prehistoric economy, trade and exchange, stone tool technology, social organization, prehistoric ideology, population size, environmental reconstruction and regional chronology. Further, discoveries made during the course of excavation force the consideration of entirely different lines of inquiry not mentioned in the research design. The excavations revealed important findings at CA-ORA-64, including rock features, rare artifacts, human burials, and association with a long and varied occupation of the coastal region from the beginning of native settlement in Orange County. The site was occupied entirely during the Millingstone Period, having been abandoned prior to the onset of the Intermediate Period, a very poorly understood time period of southern California prehistory. The Intermediate Period is of special interest to our local heritage in that it is believed to be a period when Native American populations abandoned most coastal areas of southern Orange County in favor of the bluffs around Newport Bay, Balsa Chica, and the foothill regions (Error! Reference source not found.). The reason for this shift is one of the main topics of our research. SETTING Our research orientation is based in principles of cultural ecology. We therefore begin our study of the Native American inhabitants of Newport Bay by identifying components of the environment upon which the peoples were dependent. Areas of native culture most directly limited or affected by the environment include subsistence and settlement patterns. A number of questions are posed below which require studies of the densities and distributions of critical 18 Mom, ice • subsistence -economic resources. Understanding changes in productivity or availability of important resources can enable us to make functional interpretations of sites and settlement patterns, as well as suggest which environmental attributes may have restricted or limited these Patterns. \Ygl'O:n ;I335} 'Av[r�r •19i �l 'AN x;Aat•In :•11LL NEIPORT 3A1' F007111LL: CO AST (ORANGE COI NTl[ �•.r 'I'radinntal Chranolc,tral Sequences - - --� :; i.e Dora:•. Pre'sas_one CansLnl QranYe ;ounly Ue:uocrapt:a. C ronotow ph•�n h3G1 1 a vegetat:on (Davis 19921 h•n a it Lnr'�+• -i = CI J [V\ I+K'TM,IWu .gap �_ f L �P f•t "�' — iit,mdmmndynn .- V .. r•.r:ww rrrnm••,mWn 7• p•• �" C r• V+ l •ityLtP) FIGURE G--PALF.OENVIRONNIENTAL RECONSTRUCTIONS FOR COASTAL ORANGE COUNTY. Natural Setting Geology The Newport area can be characterized as containing three physiographic entities. The first and most proximal is Newport Mesa, a smooth -topped, uplifted, slightly tipped block west and northwest of Newport Bay. Merging into the neighboring Tustin Plain to the north, the mesa is 1 bounded on its east, south, and west sides by steep cliffs. The second feature is the Tustin Plain, a portion of the much broader Central Los Angeles Plain (Yerkes et al. 1965). The Tustin Plain is a smooth and relatively flat feature (Slife 1963:5.6) derived primarily from fluvial deposits transported by the Santa Ana River and its tributaries from the Santa Ana Mountains (Stevenson and Emery 1958:9). The third is the San Joaquin Hills to the east of Newport Bay. The San Joaquin Hills are bounded on their seaward side by a nearly continuous-80-100 foot sea cliff dropping down to rocky tidal zone at the ocean edge. Where streams meet the ocean, fluvial deposits have created sandy beaches. Rising to an elevation of approximately 1100 feet, the San Joaquin Hills drop rather steeply where they meet the Tustin Plain. On the seaward side of the San Joaquin Hills, remnants of at least ten wave cut terraces ranging in elevation between 30 and 900 feet have been noted. These have been attributed to changes in sea level and tectonic uplifting taking place during the Pleistocene (Stevenson and Emery 1958:11). Newport Bay itself is narrow and bordered by high vertical cliffs 40 to 100 feet tail on its north and south sides. The sand spit now known as the Balboa Peninsula, which guards the entrance to the bay, was formed by the middle of the nineteenth century by flooding episodes and changes in the course of the Santa Ana River. The initial formation of the peninsula may have begun during a particularly and period in southern California that spanned roughly A.D. 1150 to 1300 (MacDonald 1988; Arnold 1991). The north, or upstream end of the bay, reaches into the Tustin Plain. Today the depth of the bay ranges from only a few inches to no more that twelve feet. During the early Holocene, it was a deep water bay with little silting and a poorly developed marsh environment (Dickason 1971:50). The tideland and salt marsh encompasses approximately 1000 acres. Although the Santa Ana River once emptied into the bay, it has been channeled to the west and today only small drainages -enter the bay such as Big Canyon and Bonita Creek. Aquatic Environments Presently, the Newport Bay area has experienced extensive modification due to modern residential and commercial development, flood control projects, road construction, and the introduction of non-native flora and fauna. Undoubtedly, these alterations have had a major impact upon the "natural environment" of the Newport Bay, but despite this high degree of modern intrusion, the Newport Bay continues to exhibit productive estuarine, marine and terrestrial habitats. The setting surrounding CA-ORA•64 is generally known as a salt marsh/estuary environment within which four distinct zones may be distinguished as distance from the ocean becomes greater. These zones are viewed in relation to their distance from the ocean as:1) subtidal (continually submerged). 2) intertidal mudflats without vegetation. 3) saltmarshes, and 4) freshwater marshes. Both fresh and saltwater marshes are found within NewportBay. The Estuarine environment is one in which salt water and freshwater mix, producing a rich biotic zone supporting diverse flora and fauna. The saltwater marsh environment consists largely of mud or sand flats and is home to a limited number of plants which are adapted to soil containing a high level of salinity. Flora 20 Mom. Imo. ME common to this habitat are several grasses, shrubs, herbaceous plants, and wildflowers. The fauna that dwell in this habitat are very diverse and provide an abundant source of protein in the form of shellfish such as Mytilus edulis, Ostrea lurida, Aequipecten sp., Chione spp., Saxidomus nuttali, Polinices spp., and numerous other species. Shallow -water sharks and rays seem to have been important food species, as suggested by the great number of their remains recovered from local archaeological deposits. This environment also was home to a large and diverse population of marine fishes such as various species of croaker, perch, bass, and many others. Many sharks and rays can be caught with bare hands, others fishes require spears, nets, gorges, and hooks, the remains of which are often seen in the archaeological record. The freshwater marsh community is an abundant source of both plant and animal species, which were extensively exploited by Native American communities in the Newport Bay area. Plants such as cattails, rushes, willows, tule, shrubs, and other herbaceous plants were processed for a variety of uses such as materials for dwellings, basketry, clothing, and also as a food source. A wealth of both year-round, and migratory animal species were available, which included various species of waterfowl, fishes, small and large mammals, amphibians, reptiles, and buds. Of course the most critical resource in this habitat is fresh water. While numerous plants and animals are found all around the Newport Bay area, fresh water is probably the most restricted and most valuable. It is likely that changes in the availability. of freshwater had the most profound effect on the viability of the native populations around Newport Bay and along the adjacent coasts. Aquatic birds such as the mallard duck, various gulls, sandpipers, loons, terns, cranes, pelicans, and migratory waterfowl such as Canada goose, northern shoveler, pintail duck, various teal, and many more species were available. Migratory birds generally visit in winter, but some, such as the arctic and common loon, ring -billed gull, American bittern, and western grebe, are known to visit during summer months. Taking waterfowl would have been somewhat more labor intensive than taking fish and would have required such technology as nets, spears, and bow and arrow, which may be reflected in the archaeological record. Also present in large numbers were several species of raptors such as the marsh hawk, golden eagle, peregrine falcon, and others. Also readily available were many species of small and large mammals such as ground squirrel, coyote, jack rabbit, bobcat, skunk, mule deer, cottontail rabbit, and many others. This type of freshwater marsh habitat is said to have been extensive -at the head of the Newport Bay (Koerper 1981). The freshwater marsh habitat is fed by some freshwater source such as a natural spring or stream, both of which still exist at Newport Bay (Koerper 1981). Other nearby aquatic habitats such as the coastal strand, the rocky coastline, and the immediate offshore intertidal zone contain considerable animal and plant resources which were intensively exploited by the prehistoric populations in the vicinity of Newport Bay and the San Joaquin Hills. These include the sandy beaches and rocky shores open to the Pacific Ocean as well as nearby kelp beds and shallow reefs located immediately offshore. M464a 14-Z • 21 In southern California today the majority of the coastal environment is open coast sandy beaches, and the majority are physically unstable. In winter waves remove sand, reducing some beaches to cobbles. Summer surf replaces sand (Backus 1989:6). The sandy beach habitat is found on the ocean side of the Balboa Peninsula and extends for many miles north to the Palos Verdes Peninsula. To the south sandy beaches are much more limited with only a few occurring south of Corona Del Mar. Several shellfish species of limited economic importance to Native American populations of Newport Bay and the adjacent coastline are found in this habitat including Macoma spp., Tivela stultorum, and Donax spp. Directly offshore exists a rich marine habitat including several species of shark and ray, as well as anchovy, smelt, surf perch, croaker, and midshipman. In this environment, a variety of fishing methods were probably utilized including beach seines, dip nets, gorges, and books (Salls 1988). Gorges and'hooks and bones of these species show up regularly in the archaeological record Southern California has numerous areas of rocky coastline. These rocky foreshores comprise about twenty percent of the coast and provide habitat for a more diverse marine population than other coastal habitats, such as sandy beaches. The most important shellfish found here, often occurring in dense colonies, is Mytilus califomianus, Numerous species of intertidal fish including perch, opaleye, clingfish, and sculpin inhabit this ecosystem (Backus 1989:5). Kelp grows in abundance in most places where a rocky substrate exists, and kelp beds area among the most productive environments for fishes along the coast. Among the numerous species which occur within this habitat are northern anchovy, various species of bass and surf perch, barracuda, California sheephead, senorita, blacksmith, and mackerel (Salls 1988). As with the marsh/estuarine habitats, procurement of fish in the kelp beds could have been by net, hook, or spear from boats. Terrestrial Habitats The following terrestrial plant communities exist for the Newport Bay/Mesa and San Joaquin Hills region: riparian woodland; grassland-herbland; southern oak woodland; coastal sage scrub; and chaparral. The riparian woodland community can be found along streams and rivers, around springs and seeps, or any other year-round water source. The flora in this zone consists of trees and shrubs that require a permanent water supply and are generally larger flora than what is found in the marsh type of environment. Trees in this habitat include the coast live oak, willow, sycamore, alder, and cottonwood. Abundant herbs and grasses as well as dense shrubs and even wild grape vine, are also generally present. A fully developed riparian woodland environment produces a large amount of edible resources in the form of hard seeds, atoms, fruit, shoots, roots, and berries as well as abundant raw materials for the construction of dwellings or basketry, not to mention fuel for fire. The grassland-herbland environment is generally an open habitat, usually at elevations of 22 M4646 101C' less than 1,500 feet above sea level in 7t or gently sloping hillsides or valley floors. The flora here is generally grasses or herbaceous plants that are very rainfall dependent, and thus highly sensitive to seasonal variation. The primary resource of this community is seed from grasses, but also present are various tubers, bulbs, greens, and blossoms, which may have served as rich sources of protein and were possibly used for medicinal value. Southern oak woodland communities existed at a slight walking distance from Newport Bay, and these habitats are of great import in regards to the staple they produced: the acorn. It is usually located in interior valleys, and along shaded north -facing slopes of canyons. This environment consists of tall trees (20-60 feet), tall grasses and low shrubs. Examples of the flora present in this habitat are: black walnut, California live oak, canyon oak, rye grass, aster, poison oak, western blackberry, lupine, goldenrod, toyon, chaparral currant, and many others. Many of these plants were edible as well as providing raw materials, but obviously the most important staple was the acom. The coastal sage scrub habitat can be found on rocky, sheer slopes, or in canyons, usually at elevations of between 500 and 1,500 feet above sea level. Coastal sage scrub communities exist in well -drained, dry, generally shallow soils, and the various plant species are rather widely spaced. The abundant vegetation of the coastal sage scrub habitat consists of grasses, shrubs, succulents, cacti, vines, wildflowers, and woody shrubs, many of which are edible. Examples of the flora are rye grass, California sagebrush, soap root, California buckwheat, tobacco, various sages, milkweed, prickly pear cactus, wild gourd, wild cucumber, lemonade berry, and many others. The chaparral community was of great importance economically for the Native American population. The flora of the chaparral environment consists of broad leafed, dense, stiff stemmed, evergreen shrubs, which grow up to a height of approximately ten feet. The vegetation generally are deep rooted and commonly found on slopes facing south and west. Chaparral vegetation is adapted to summer drought, and limited winter rainfall. The chaparral community provides the most abundant source of edible plants in the local region. Plants typical to the chaparral include, deer grass, coastal sagebrush, California buckwheat, golden yarrow, deerweed, white sage, chia, cypress, ash, chamise, manzanita, toyon, holly leafed cherry, scrub oak, lemonadeberry, yucca, and many others. The chaparral plant community is highly adapted to fire, and is in fact reliant upon it as part of the natural life cycle. Numerous small -to large mammals were dependent upon and could be found in all of the habitats surrounding Newport Bay. In the winter months, the area was host to large populations of migratory waterfowl. In the summer, the largest populations of fish were available. Most mammalian species were available all year as were shellfish species. Among the most economically significant environments in prehistory were the subtidal channels, nearby grassland, and kelp beds. Many species of birds, reptiles, amphibians, and insects existed which proved useful for the Native American peoples of prehistoric Newport Bay. Some examples of the small and large mammals are: coyote, mule deer, skunk, raccoon, jackrabbit, cottontail rabbit, ground squirrel, kangaroo rat, deer mouse, and many others. Smaller game required simple traps and projectiles, such as throwing sticks, for capture, while large game such as deer would have required the use of the spear, dart thrower, or bow and arrow. Projectile points, scrapers, knives, and other stone tools result from small and big game exploitation and survive in the archaeological record. Because of the wealth and biodiversity of the area, it was possible to support a comparatively dense zone of human occupation in the Newport Bay area through most of prehistory. But this has not always been the case, and as the results of previous environmental studies of past environmental conditions have shown, not all natural resources were available or accessible to local Native Americans due to changes in the environment through time. Paleoenvironmental Issues For archaeologists working on early sites in southern California reconstructing the environmental conditions since the late Pleistocene, and particularly during the middle to late Holocene, for our interests is crucial. Paleoclimadc data for the region are limited at this time. They derive primarily from packrat midden studies from the Mojave Desert and pollen studies from a variety of contexts on the coast and in the desert. Suffice it to say that despite the scientific significance of this issue, a great amount of work will need to be done before a complete and reliable paleoclimatic reconstruction of the southern California coastal region is achieved. When considering the issue of the paleoclimate as it relates to prehistory, a regional perspective is the most productive. It is sufficiently documented that extensive trade took place far back in prehistory. Such trade likely had developed from lines of communication established through migrations and biving-off of family units over thousands of years. Regional climatic change was an important factor in an increase in trade and regional migrations. In general, data upon which climatic reconstructions have been based for southern California are limited and the studies are few, but the number is growing. Environmental Reconstructions The environment around Newport Bay changed throughout the Holocene as reflected by changes in temperature, rainfall, sedimentation, and sea level. The impacts of humans living in the area also had effects on the environment. Along the southern California coast, sea level rise (eustatic movement) and tectonics had major impacts on shorelines and estuaries, as well as the animals inhabiting these areas. The early and middle Holocene reflect comparatively greater aridity and generalized warning trends variously termed the altither al (Antevs 1953), xerothermic (Axelrod 1981), or hypsithermal (Deevy and Flint 1957). Environmental changes both constrained and provided opportunities for the Native Americans living near Newport Bay during this time. It is generally accepted that people were drawn to the area because of the naturally occurring food and other resources associated with the wetland environments, the ocean, and the surrounding hills. Throughout the world sea levels had dropped to almost 400 feet below there current level at 24 HAOC46 % around 18,000 years ago (Figure 7). A change in climate and the onset of glacial melting began a period of gradual sea -level rise known as the Flandrian transgression, which began about 17,000 years ago. There was brief interruption in sea level rise about 10,000 years ago when sea level reached a point about 80 feet below current levels. Sea level dropped again briefly to about 150 feet below current levels and then began rising again (Figure 7). Sea levels had reached their current levels at about 5000 years ago (Carbone 1991). While sea levels were lower the creeks and rivers of Orange County carved deep valleys to sea level at nearly 400 feet below current sea level. With rising sea level came the formation of bays, and the rivers and creeks deposited sands at the inland margins of the new bays. The sediments that had been deposited along the coast when sea level was lower were no longer being replenished, and sands along the coast were washed away in longshore transport. This would have left the beaches as expanses of cobbles and rock. Upper Newport Bay was cut by the Santa Ana River during the Pleistocene epoch. The river also flowed to the ocean through other outlets at Alamitos Bay, Anaheim Bay, Bolsa Chica, and the broad delta between Huntington and Newport Mesas. The Santa Ana River probably flowed through Newport Bay less often than the other outlets. Years (4000) 24- 15 10 5 0 .0 ;Santa%Aa � SO tj 'E Texas Shelf o• I 100 Flamtrw transgression Modem FIGURE 7-- FLANDRIAN SEA LEVEL FLUCTUATION ION FOR THE SANTA MONICA AND TEXAS SHMVES. (SOURCE: NARDINETAL. 1981). As sea level continued to rise, the bay became deeper and many coastal areas flooded, particularly a broad coastal plain that stretched from Newport to Long Beach. This created a greater amount of sand for longshore transport, some of which inevitably moved south and was deposited into Newport Bay by tidal action. Eventually this filling of the bay would have reached a point that cut off the bay from the ocean. This condition would then lead to increased siltation of the bay. Salt marshes formed when the bottom of the bay reached above mean sea level. As Carbone has noted, In coastal areas, the rocky foreshores that supported limited shellfish fauna changed to estuarine and lagoon configurations which fostered an increase in marine, avian, and small terrestrial species. Around these estuaries, ecological zones were centralized and new flora taxa were introduced into the local region. These changes Mom- fo-c 25 spurred the development of more diversified subsistence economies (Carbone 1991:12). In the early Holocene the bay was probably fairly deep, and intertidal areas were likely limited to the upper or back bay areas. The coastline was somewhat as it is today with rocky coastlines to the east and sandy beach to the west, but the coastline itself was a considerable distance farther south. Recent investigations by Davis (1992) suggest that the back bay was a freshwater marsh until about 4500 BP (Errorl Reference source not found.). From 4500 BP to about 1500 BP the back bay was salt marsh that probably resulted from sea level stabilization and much reduced stream flow suggested by more and times. After 1500 BP the marsh returned to freshwater. It appears that settlement of the bay was greatest when the marsh was saltwater, prior to 1500 BP and after 4500 BP. Palynological research by Heusser (1978) provided a 12,000-year sequence from sediments from the Santa Barbara Channel. She noted a shift peaking at about 5700 RYBP from a moist, cool climate to warmer, dryer climatic conditions. After about 5700 RYBP, she found that chaparral and coastal sage scrub became more dominant plant communities in the Santa Barbara Channel area. Morgan and Scott -Cummings (1990) and Morgan et al. (1991) on the basis of sediment cores from the lower Santa Ynez River drainage (northern Santa Barbara County) note the following fluctuations in climate: Q cool, mesic conditions before about 10,000 RYBP O warming and drying from about 10000 to 4000 RYBP 0 cool, mesic conditions from about 4000 to 1800 RYBP O warm, dry conditions from 1800 to 600 RYBP; and 0 cool, mesic conditions from 600 RYBP to present. They also note that the pollen record does not show major fluctuations over time and therefore they suggest that climatic changes have not been dramatic during the Holocene Epoch along the southern California coast. Supporting the notion that southern California climatic changes were not dramatic during the Holocene, Salls (1988) has suggested that marine habitat changes have, in general, been only minor in the southern California Bight over the last 9775 years. He did acknowledge some changes and noted that some habitats have completely disappeared, however. Sea -surface temperature (SST) also has important economic implications for coastal peoples, and reconstructions of SSTs over time have been attempted. Pisias (1978,1979) studied radiolarian assemblages in the Santa Barbara region and used changes in the populations of these temperature -sensitive protozoans to infer changes in seawater temperature. Pisias obtained data spanning some 8000 years from the radiolarian record and noted that mean sea -surface 26 M4644 10+c • W/\ temperatures varied from about I I to 27 degrees C during this period. Pisias also noted frequent fluctuations of 2 to 4 degrees transpiring over as little as 25 years suggesting similarities to the phenomenon we now call EI Nino and significantly elevated seawater surface temperatures during three periods: 0 800 to 1800 BP - sea -surface temperature 4 to 6 degrees C warmer than present 0 3400 to 3900 BP - 5 to 8 degrees C warmer than present 0 5400 to 8000 BP - 2 to 8 degrees C warmer than present Paleoclimatic conclusions were offered by Kahn et al. (1981) based on data from oxygen - isotope analyses of bottom dwelling species found in marine sediments from the Tanner Basin off the southern California coast. Kahn et al. suggest that late Pleistocene warming began about 15,000 BP and 19,000 BP. They also suggest that a thermal maximum occurred at about 7500 BP, then declined and rose again in modem times. Closer to home Koerper et al. (1985) noted an ocean surface water decline in temperature of about 30C at the time of the "Little Ice Age" (about 600 to 150 BP) based on isotopic analysis of bivalves from the historic Juaneiio village of Putuidem (ORA-855) in San Juan Capistrano. Of direct importance to the UNBRP Project are three investigations of the sediments beneath San Joaquin Marsh at the head of Newport Bay (Davis 1992, 1996). Davis (1992), on the basis of radiocarbon dating of these sediments concluded Newport Bay was a freshwater marsh bordered with trees from about 7000 (his earliest core data) to 4500 RYBP. The surrounding hills were covered with grasses at that time. At various times after 4500 RYBP, as the sea level stabilized, the freshwater marsh gradually gave way to saltwater estuary. Davis found intermittent periods of freshwater marsh conditions in Newport Bay at about 3800, 2800, 2300, and after 560 RYBP. These periods are associated in a broad way with documented periods of global cooling. Davis also noted increased periods of flooding and erosion at about 5000 BP and during the last 1000 years. Shellmaker Island Pollen Profile The most recent study of Newport Bay sediments includes the examination of pollen samples from three cores in the lower bay (Macko et al. 1998). These cores ranged from a few meters in depth to nearly 15 meters. The latter was taken from Shellmaker Island and produced basal dates of 8,310 t 60 BP from a land snail. The central portion of the core produced samples consistent with other pollen studies that have identified a period of maximum warmth and aridity in southern California from 6000-3000 BP. Pollen analysis has been completed for several sedimentary basins and archaeological sites in the Newport Bay region (Figure 8). Without exception, the dominant pollen types in these pollen diagrams are either Chenopodiaceae-Amaranthus or'Other Compositae.' The former is produced by various saltmarsh species, and is rarely found in abundances greater than 20% in M_ _ /, f" 27 >r upland vegetation. The second category is produced by most of the sunflower family. 'Other Compositae" pollen is produced by wetland species and upland species, by woody shrubs and herbaceous weeds. It is the most abundant pollen type in the California Grassland (Anderson and Davis,1988), and it is typically the most abundant pollen type in Californian archaeological pollen samples. It's preeminent role in Californian archaeological samples probably results from a combination of its dominance in the natural vegetation, and the commonness of disturbance plants that produce this type of pollen. cost, h4k _ t crone us ) • ® OMM.Mr try - ' '609,2� reach r T �osw FIGURE 8— LOCATIONS Or P ARCHALOLOGICALSTUD S. CAORA6% ;c: 1co Ia••au 1 66" CAOM W -_j Stratigraphic pollen sequences can exhibit alternating dominance by Chenopodiaceae- Arnaranthus and Other Compositae. At San Joaquin Marsh (Davis, 1992), at the head of Newport Bay, a period of dominance by Chenopodiaceae-Amaranthus is interpreted as an interval saltmarsh incursion occasioned by low stream -flow; i.e., a dry interval. This aridity lasted from RYBP until ca. 500 RYBP at the beginning of the Little Ice Age (Davis.1992). A long core from Tulare Lake, in central southern California, establishes the beginning of "Other Compositae" dominance at 8600 RYBP (Davis,1990b). The early --Holocene vegetation at that site compares closely with contemporary vegetation of the Great Basin, with high percentages of Juniper, Pine, Arternisia, and Sarcobatus. A comparable transformation has not been recorded for coastal Californian vegetation. Methods A 15 in core was obtained from Shellmaker Island. The core was obtained by a commercial drilling rig using a 9-cm diameter, splitspoon sampler. Recovery of the sandy sediment was moderately good, with much "caving" of the core hole from 3 - 7.5 in. The core below 13.4m was obtained with great difficulty. Drilling mud was added, and slumping was evident. The base (14.8m) of the core contained gravel and boulders which bent the end of the sampling tube and prevented further coring. 28 M%ir44, 1"c • M V\ Pollen was extracted from 1 or 5 CM3 samples by routine acid digestion. One Lycopodium tablet (13,911 spores) was added to each sample to permit calculation of pollen concentration. Ten samples were submitted Lawrence Livermore National Laboratory, for AMS radiocarbon dating (Table 1). All materials were plant remains or mollusk shells picked from the sediment screenings. TABLE 1-- RADIOCARBON DATES FROM POLLEN CORE SAMPLES. John Wayne Gulch Freshwater Marsh Depth Sample No. Description C14 Age 100 cm 190 cm CAMS 24570 CAMS 22830 aceae leaf base herbaceous plant charcoal modem 4970+/- 80 Shellmaker Island Core 80 cm CAMS 24571 Cerithidea shell 840 +/- 60 480 cm CAMS 24572 snail shells 4130 +/- 60 690 cm CAMS 24748 1 small snail shell 4940 +/- 60 820 cm CAMS 24573 2 small snail shells 5190 +/- 60 970 cm CAMS 24578 Ostrea shell 7630 +/- 90 1160 cm CAMS 24574 Ostrea shell 7140 +/- 60 1310 cm CAMS 24579 2 Stagnicola 8160 +/- 60 1470 cm CAMS 22895 limpet 5750 +/- 50 CAMS 22804 Stagnicola 8310 +/- 60 Results And Interpretation The pollen spectra of all three sites are dominated by Chenopodiaceae-Amaranthus and 'Other Compositae' pollen. Pollen concentration is high (120,000 - 159,000 grains/cm3) in the near surface sediments of the marsh and estuary, but is very low (2000 - 4000 grains/cm3) in the sandy sediments of Shellmaker Island. Pollen preservation is generally good, with low (1- 18 %) deteriorated percentages in Shellmaker Island and estuary cores, but moderate percentages (10-30 %) in the freshwater marsh. Shellmaker Island Chronology The pollen record of Shellmaker Island spans over 8000 radiocarbon years of sedimentation. Chronological control is provided by eight radiocarbon dates on Shellmaker Island sediments (Table 1, Figure 9). Two of the dates are out of stratigraphic sequence. The sample from 9.7m is 490 years older than the sample 1.9m below it. Two dates were obtained for the base of the core (14.7m). A limpet shell produced a date of 5750 +/-50. A second specimen of a Stagnicola shell produced a f date of 8310 +/-60. >> um° The variability of radiocarbon ! dates is in large part due to the use of marine shells, the only abundant organic i matter in the core. Flessa and Kowalewski tf e (1993) have demonstrated that near -shore mollusk shells have an average C; — radiocarbon age of 2465+/- 6768 RYBP. �M0 Only deep burial, below the zone of =bu mixing, removes shells from this time- &*maker N W averaging process. For the 14.8m � i xo° Rad tmbott pon Shellmaker Island core, burial appears to have been sufficiently rapid to limit the r mixing to less than 800 years. This t ° estimate is based on the 490 year discrepancy between the 9.7m and 11.6m ; j FIGUM 9— Per OF SHMIMAM ISLAND RADiocAaHorr deep samples, and the historic age for they DATES BY DtYrH. uppermost date of 840+/-60. The latter sample must be corrected for marine carbon -reservoir effect, which for coastal California averages about 160+/- 35 . The estimate assumes that the 2560 year difference between CAMS 22895 and CAMS 22804 is due to coring problems experienced at the base of the core. Given the imprecision of the shelldates, a smooth chronology is assumed for the core. The mixing presumably applies to pollen, as well as shells, in the marine environment of Shellmaker Island. However, the depth and rate of mixing must depend on biological and physical processes, which have varied through time as the Bay sediments have accumulated. Shelhnaker Island Early Holocene The comparatively low percentages of Chenopodiaceae-Amaranthus in the Early Holocene period (10.2m to 14.8m) may reflect the scarcity of saltmarsh vegetation before sea water had filled Newport Bay, because this type is abundant (> 20 %) only in this vegetation type in modern pollen samples. 30 m4eka 14016 0 Nw� Alternatively, low percentages of Chenopodiaceae-Amaranthus may be due to changes in the upland vegetation rather than (or in addition to) changes in estuary vegetation. If so, the higher percentages of pine, grass and Other Compositae could indicate relatively mesic climate contemporaneous with the occupation of CA ORA 64. During the Early Holocene (7000 8300 RYBP), central and eastern California was more and than today (Davis & Moratto,1988), but coastal California was more mesic (Heusser,1978). This coastal -interior climatic contrast during the Early Holocene has been discussed by Davis (Davis et al.,1985). The presence of Sarcobatus pollen in the Early Holocene period matches the pollen record from Tulare Lake, where Sarcobatus disappears at ca. 7300 RYBP (Davis,1990b). The disappearance of Sarcobatus is accompanied by other major palynological changes in the Tulare Lake core, but at Shellmaker Island (Figure 10) the event is marked only by the gradual increase of Chenopodiaceae-Amaranthus values. The Sarcobatus percentages are low (<2%), so they may indicate water -born transport from the interior. In comparison, Sarcobatus percentages range from 5 to 15% in the Tulare Lake Core (Davis, 1990b). The elevated percentages of mustard (Cruciferae) pollen in the Early Holocene period (7000 - 8300 B. P.) are consistent with human vegetation disturbance. Charcoal values also are comparatively high in this interval (Figure 10), which is consistent with nearby human occupation. The postulated disturbance interval ends abruptly at the 10.2m, coincident with the disappearance of Sarcobatus in the core (Figure 10). The lowermost 13.5-14.8m of core were recovered with difficulty, and exotic pollen types (Eucalyptus) are present in several samples, so the stratigraphic integrity of this part of the core is questionable. The elevated Chenopodiaceae-Amarenthus percentages at the base of the core may be due to contamination by younger sediment. If not, the higher percentages cannot be explained by the effects of rising sea -level on the development of saltmarsh, as can be done for the portion of the core above 10.2m. Rather, the elevated Chenopodiaceae-Amaranthus percentages may indicate warmer or drier climate prior to the elevated Other Compositae percentages from 13.5- 12.0m. Shellmaker Island Mid- and Late Holocene From 12.0-1.2m, Chenopodiaceae-Amaranthus generally exceeds 30% and reaches a maximum of 40 % at 640 cm (Figure 10). Although this trend may result from the development of saltmarsh vegetation in Newport bay, it also could reflect increased frequency of this pollen type in the upland vegetation - a trend that would indicate maximum aridity circa 4000 RYBP. This climatic interpretation agrees with the findings of Heusser (1978) and Cole (1994), that maximum warmth and aridity occurred from 6000 - 3000 RYBP in the region. During the mid -Holocene, pine pollen percentages are low, and indicators of human activity (Charcoal & Cruciferae) are scarce. Mom- fos4c - 31 SHELLMAM ISLAND, NEWPORT BAY ,,,,* a Co.. CA ftw r runt Imams 41xt Mo 01Ftp� 'JIMtp• I[71l f0- i1Mtr- p- pMip- T .... .............. . ... ....... ......... .......... .................. p RGURE 10-- POLLEN PERCENTS FROM SHELLMAKER ISLAND CORE, NEWPORTBAY. 19M E MMKM 1 i 14j0"O f Y .H , The Holocene environmental history for Shellmaker Island is similar to that of other coastal studies (Heusser,1978; Cole, 1994), but different from that proposed by Davis for nearby San Joaquin Marsh (Davis,1994b). That site records an extended period (2200 - 500 RYBP) of high Chenopodiaceae-Amaranthus percentages that are attributed to decreased stream flow and expansion of saltmarsh vegetation. Based on the present study of lower Newport Bay, we conclude that the Chenopodiaceae-Amaranthus peak at San Joaquin Marsh is a local rather than a regional phenomenon, reflecting the discharge of streams into the Marsh. These include the Santa Ana, which is thought to be responsible for carving Newport Bay (Stevenson and Emery, 1958). The 'long dry period" at San Joaquin Marsh may reflect the diversion of the Santa Ana River from the head of Newport Say, ca. 2200 RYBP. Conclusions 1. Holocene climate change recorded in the Shellmaker Island core indicates relatively cool - moist early Holocene (7000 - 8300 B. P.) and maximum warmth and aridity in the mid - Holocene (7000 - 2000 RYBP), particularly at 4000 RYBP in agreement with other regional pollen records. 2. The early Holocene pollen record for Shellmaker Island appears to record human activity. Mustard (Cruciferae) pollen reaches 7% and charcoal values also are -comparatively high. The values are consistent with human vegetation disturbance. ORA-64 Settlement System ORA-64 contains evidence of over 5000 years of occupation from 4300 to 9500 RYBP. The site has produced numerous radiocarbon dates from the entire range of the Millingstone horizon. For reasons apparent in other papers presented here today, we assume that ORA-64 functioned as a central residential base for a much larger region that likely included the coastal zone, San Joaquin Hills, and Newport Mesa area. From the mouth of Newport Bay and extending for a distance of five miles to the south are a series of coastal terraces upon which have been found several archaeological sites. The latter sites have been the subject of archaeological studies for the NCAP. The latter study corroborated earlier work by Macko (1988), which demonstrated that all of these coastal terrace sites were occupied at various times during the Millingstone horizon. All appear to have been abandoned, however, at roughly 4000 RYBP or earlier. At least seven archaeological sites along the coastal terraces were occupied simultaneously during the Millingstone Horizon. Each of these is contemporaneous with at least some portion of the occupation at ORA-64. It is surely more than coincidental that none of these sites, including ORA-64, produces radiocarbon dates younger than 4000 RYBP. N464�a 33 The evidence from our pollen analysis indicates a period of maximum aridity at 4000 RYBP. We suggest that the increased aridity during the Mid -Holocene resulted in such severe drought conditions that prehistoric populations had to move, thus effecting a significant change in the settlement system involving the abandonment of many traditional camps, residential bases, and procurement sites used during the previous 5000 years. This change in the settlement system likely involved major demographic changes as well. Not only are sites abandoned from specific areas along the coast, but throughout Orange County there are significantly lower numbers of archaeological sites used during the subsequent Intermediate Period. The important exception to this pattern is the increase in settlement around Newport Bay during the early Intermediate Period, with the exception of ORA-64. There are many sources of data that need to be reconciled as regards environmental conditions at the time of 4000 RYBP in Orange County. The data from Pisias suggests that the period of 35004000 RYBP would be more characteristic of extended El Niilo conditions, given the hypothesized warmer sea surface temperatures at the time. Of course, El Ni3o conditions are clearly associated with significantly greater amounts of moisture along the southern California coast, not drought. In this regard there are several parallels with recent observations made by Raab and Larson. Their reference to the Medieval Climatic Anomaly occurring from A.D. 800-1400 may have an earlier counterpart at 2000 B.C. Additional studies obtaining more accurate pollen profiles from the sediments of Newport Bay, in addition to other sources of paleo-environmental data are sorely needed. As the data accumulate for coastal Orange County, the realities of prehistoric life at key transitional periods during the Holocene will become clearer. Summary From these limited studies cited above, we can draw some tentative conclusions about the paleociimate for southern California. For the Pacific Ocean -off southern California, from about 800 to 1,800 BP, sea - surface temperature was 4 to 6 degrees C warmer than present. From about 3,400 to 3,900 BP sea -surface temperature was 5 to 8 degrees C warmer than present indicating possible El Nino conditions at the time ORA-64 was initially occupied. From about 5,400 to 8,000 BP sea -surface temperature was 2 to 8 degrees C warmer than present. A thermal maximum occurred at about 7,500 RYBP, then declined and rose again to a maximum mid Holocene aridity and warning at 4,000 BP. 34 Nikko, (yG • (a The head of Newport Bay was a freshwater marsh bordered with trees until about 4500,RYBP. Intermittent periods of freshwater marsh occurred in Newport Bay at about 3800, 2800, 2300, and after 560 RYBP which may correlate with periods of reduced rainfall and the sealing of Newport Bay with a barrier beach. Increased periods of flooding and erosion occurred at about 5000 RYBP and at various times in the last 1000 years. Cultural Origins In historic times, the Newporter North development was within territory occupied by Shoshonean -speaking groups whose historic period descendants were labeled by early ethnographers as the Gabrielino and the Juaneno. The presentation of information and research questions about the most recent native cultures of the area may not be germane to the study of ORA-64 due to the site being so old. The traditional view of the origins of the Shoshonean groups posits their arrival in relatively recent times. The accepted cultural affiliation of the Millingstone Horizon cultures, which includes ORA-64, is argued to have more likely been a Hokan linguistic stock having a culture distinct from the Late Prehistoric Shoshonean cultures and their descendant Juaneno and Gabrielino. However, important discoveries made at ORA-64 may suggest the possibility of a much earlier presence for Shoshonean peoples. According to Kroeber (1925:620-621), the Gabrielino occupied what is now Los Angeles County "south of Sierra Madre" (San Gabriel Mountains), through Orange County and south to "Alisos" Creek, the latter cited as the boundary between the Gabrielino and Juaneno. Santa Catalina Island and San Clemente Island were also Gabrielino, and Bean and Smith (1978:538) add San Nicholas Island to Gabrielino territory. Santa Barbara Island was likely Gabrielino as well. The Serrano, ("mountaineers" in Spanish), occupied mountainous areas to the northeast of the Gabrielino. According to Kroeber (1925:615), Serrano territory included the San Bernardino Range and the San Gabriel mountains. Bordering the several coastal Shoshonean speaking populations during the Late Prehistoric Period and the Historic Period were the Chumash to the north of the Gabrielino, above Malibu Creek on up through San Luis Obispo County, and the Yuman groups of San Diego County. Yuaan and Chumashan groups were Hokan speakers, belonging to an entirely different language stock. The separation of Hokan groups by Shoshonean groups has been referred to as the Shoshonean wedge (Koerper 1979), most likely the product of successive migrations of Shoshonean speakers into southern California. Shoshonean speakers in coastal southern California include the Luiseno of northern San Diego County, the Juaneno of southern Orange County and the Gabrielino of Orange and Los Angeles Counties. These groups were very closely related linguistically and culturally. Kroeber describes (1925:636)•the territory of the Juaneno Indians as "wedged in between the Gabrielino and Luiseno. Their land extended from the sea to the crest of the southern continuation of the Sierra Santa Ana. Southward, toward the Luiseno, the boundary ran between 35 r M/V\ San Onofire and Las Pulgas." it should be noted that some ethnographers (e.g., Bean and Shipek 1978) include the Juaneiio ethnically among the Luiseno. "Although Kroeber and Harrington separated Juaneiio and Luisefio on the basis of linguistic differences, later studies indicate that they are one ethnic nationality." (Bean and Shipek 1978:550). A review of the literature (Strong 1929; Johnston 1962; Kroeber 1925) places no ethnohistorical villages within the Newporter North project area. Perhaps associated with some sites in the project area was a village near San Juan Capistrano and another near ALSO Creek The closest named ethnohistoric site to the Newporter North project area is probably ORA-58, Genga, located near the outlet of the Santa Ana River (Mason and Peterson 1994:iii). The late Prehistoric settlement and subsistence system reconstructed for the Newport Coast Archaeological Project was based on both archaeological and ethnohistorie data (Earle and O'Neil 1994). It was suggested that settlement in the northern San Joaquin Hills resulted from expanding population within a politically circumscribed territory. The settlement types, multi -season residential bases, minor residential bases or field camps, and specialized activity loci are the result of a strategy of intensive exploitation of all resources within the more marginal parts of the territory of Genga. While considerable research is ongoing to address this important research topic, an initial analysis is provided with reference to the unusual stone artifacts found at ORA-64 that have their origins some 600 miles north near the California -Oregon border. These artifacts are classified as ceremonial bifaces, and four of them were found in two caches at ORA 64. 36 MA646 14-$-( . CA-ORA-64 RESEARCH RESULTS The Biface Caches Introduction The excavations at ORA-64 yielded four large bifaces. These bifaces were found in two caches of two bifaces each, designated features 400 and 578. The two bifaces from feature 400 possess concave basal configurations while the two bifaces found in feature 578 have stemmed bases. One of the bifaces was made from obsidian originating from the Buck Mountain source in northeastern California, a distance of roughly 600 miles from where they were unearthed (Figure 11). Two other bifaces made of rhyolite are likely from the same locale. The fourth specimen is made from Monterey chert that could have been procured at a number of locations along the California coast. MA� 'Cq??fDUN Buck Min'.:` $4 IDAND ! Oro roRNI,-. �..Obsldlan S4=, yrl.,n �... •• U�AM �i •. ewn NeVADA �rot.na- AR120NA The Irvine Bile ' •• 100 � } Mil.! FIGURE. 11-- LOCATION OFTHE ORA-64 AND THE BUCK MOUNTAIN OBSIDIAN SOURCE. Large ceremonial bifaces have been found in archaeological sites in southern California, but none of the size, quality, and materials as those found at ORA-64. The presence of these artifacts is unique for southern California. Connections to the northwest Great Basin are suggested along several lines, particularly as regards the mirroring of traits identified with the western Idaho Archaic burial complex (Pavesic 1985) at ORA-64. Examination of the distribution of these bifaces and other artifact types yields data that suggest a very strong cultural connection between early and middle Holocene peoples of the northwest Great Basin and those of coastal Orange County. No other occurrence of this artifact type is known from central or southern California. This manifestation of several shared cultural traits and the apparent direct exchange of manufactured artifacts over extremely long distances presents a different picture of the post Pleistocene "settling in" of the earliest North Americans. Feature 400 was found in the western core area of the site (Figure 5) and consisted of two bifaces ( Figure 12). a charmstone made from a siliceous concretion of the Monterey Formation, Mkdi 14oliz - 37 Y, and a globular stone bead made from a green metasediment. The artifacts were found in a shallow pit dug into the shale bedrock at a depth of 82cm below the original ground surface. Cache Descriptions The two bifaces of feature 400 were placed next to one another, pointing in opposite directions along an alignment of approximately 76 degrees east of magnetic north (Figure 12). The first biface discovered (No. 15728) is made from Monterey, chert, and FIiiURI: 12— FIWTURIi 400 DURING EXCAVATION OF BIFACPS. it lay north ofits larger partner Norm CYLINI)RICALCrARMSToNrToRIGHToFLARGEBIrACr. (No. 15729) made from a dark gray rhyolite (Figure 14). The charmstone lay south of the rhyolite biface. was found beneath the base of the rhyolite biface with the perforation oriented vertically. Both bifaces have concave bases, The globular bead Feature 578 was found 60 meters south of feature 400 in the western core area of the site (Figure 13). As in feature 400. the bifaces were recovered _ from a shallow depression dug • into the shale at a depth of 578 134cm below the original LOT ground surface. The two UNIT 1426 bifaces lay one atop the other. slightly offset, and oriented in VIGURI: 13— RNI'URrs 578 DURING EXCAVATION or Tw: Blr•Acrs.. the same direction along an alignment of approximately 21 degrees east of magnetic north. The lowermost biface (No. 17230) was made from obsidian with distinct red and black banding. This striking biface lay beneath a larger biface (No. 17229) made from a dark gray rhyolite. Both bifaces possess stemmed base configurations, (Figure 14). 38 HAOC46 140016 0 0 1 2 3 4 5 FRIURIi 14-- BWACES RECOVERED FROM FEATURE 400. BRACE A= MONTEREY CHIiRT, BQ'ACE B= RHYOLITE. Mom, fol4z. A ° '2 3 4 5B GnUmalxs 64-17229 64-17230 FIOURR 15•- BIFACES RIiCOYI:RIio mom R!NrUR1:578. BIPAm A= RHYOLCl1i, BIPACH B= BUCK MIN. OBSIDIAN. 40 Ma, t1,46- .t Material Sourcing One biface from feature 400 (No. 15728) is made from Monterey chert. The specific location of the chert source is unknown, but there are numerous locations along the California coast that could have provided source material. Although the site rests upon bluffs underlain by the Monterey Formation, there is no seam available that could provide a large enough piece of workable stone to produce a biface 23cm in length. Further, we know of no Monterey chert location south of Point Conception that could provide a seam or cobble large enough or of correct quality to produce such a large biface. The three other bifaces were analyzed at Geochemical Research Laboratory (Hughes 1996) where x-ray fluorescence analysis was performed on the three specimens (Table 2). The two gray bifaces were characteristic of low silica rhyolite. Hughes reported seeing source areas of stone very similar to the material of these two specimens during his research in northern California, south central Oregon, and northwestern Nevada. Hughes (1996) states that, "...I have observed glasses with these visual properties occurring in close proximity to more aphyric obsidians (for example, in the Warner Mountains of northeastern California)." The analysis on these specimens found that they did not match any known sources. Geochemical Data forArthm from CA-Ora-64. On utp County, Califomia Trace and Selected Minor Element Concentrations CIL Obsidtan Sousa: Namlxt Za Sn Eh Sc Y zc Nh ]it TA Ma a3gil meminl 7Ya1 15729 35 14 111 71 30 129 9 796 1011 355 1.30 Unkaowa.(jow- (Fea,400) ±4 33 t3 ±3 S2 d:3 12 t13 l= t13 ±.12 SW=dtyolite?) 17229 40 14 105 106 16 147 a 977 1394 397 1.71 Unknown. (low- (Fa.57S) 14 t3 t3 ±3 d2 ±3 ±2 t13 ±24 ±13 t.12 silin3hyoute?) 17230 41 12 105 62 16 99 S 644 651 429 .97 Buck M=Wn, (Fea. 578) t4 ±3 t3 t3 ±2 ±3 ±2 ±13 320 ±13 ±.12 Wawa Matt All pace ekmauvalues in PNU pa million (PlXn) except total 2011101 weight wl:±=pooled expres4w (in PPm and, for toW bon, weight%) ofxtay tot * arcataintyandRPession rutin6 a at3003ecaads hvcdme. TABLE 2-- TRACE AND SELECTED MINOR ELEMENT CONCENTRATIONS FRO THE RHYOLITE AND OBSMIAN BIFACES FROM ORA-64 (HUGHES 1996). Further examination of the chemical signature of these two bifaces at the Northwest Research Obsidian Studies Lab, Oregon, echoed Hughes' findings and could not identify a source for this material (C. Skinner, personal communication 1997). M64a 1*11,6' 41 The fourth biface, made from obsidian with distinctive red and black banding, was identified as originating from Buck Mountain located in the Warner Mountains, Modoc County, California (Figure 11). Obsidian flakes and tools from this source are very rarely encountered in sites in the lower Sacramento Valley and completely absent from coastal sites south of San Francisco Bay and inland sites in the San Joaquin Valley. The source analysis of a sample of obsidian debitage recovered from the site indicated that no obsidian or other debitage from northern California materials have been recovered. All obsidian debitage sourced thus far has come from the Coso volcanic fields (Hughes 1997). This fits the pattern for obsidian use in the region discussed by Koerper et al. (1986) in which glass from the Coso volcanic field is -the dominant obsidian imported into Orange County during the Milling Stone Period. No manufacturing detritus from the chert biface can be identified. Most of the debitago from the site is Monterey chert that is similar in color and texture to the biface. Technological and Functional Analysis The four bifaces are technologically very similar (Table 3). All four specimens were first percussion flaked then pressure flaked. They also display a considerable amount of polish on the arrises of the faces. The higher the anis, the greater the polish. This polish could have resulted from transport of the bifaces wrapped in a soft material, such as hide. High -magnification wear studies have not yet been conducted on the bifaces to, determine the nature of the polish. Variation in the manufacture of the bifaces is seen in variations in the quality of pressure flaking, basal configuration, and morphology. Pressure flaking varies between the four bifaces. The pressure flaking on the artifacts is similar in the sense that the flaking does not traverse the entire surface of the bifaces. The desired result of the pressure flaking was to shape the artifacts as opposed to thinning them. The pressure flaking of blface No.17229 is regular, which results in a perpendicular/ parallel pattern that invades both faces an average of approximately lcm. The pressure flaking on the bottom one-third of the blade is distinctly different from the upper two-thirds. The pressure'flake scars on the bottom third are 1/2 to 2/3 the width of the flake scars on the rest of the artifact and are not as intrusive. This indicates that the bottom portion of this biface was shaped with greater control than the rest of the artifact. The red and black banded obsidian biface (No.17230) has the most regular and invasive pressure flaking of the four bifaces. This is most likely due to the better quality of the material. The flaking pattern is perpendicular to transverse parallel, very regular, and on average invasive to approximately 2cm. 42 Mom,10W.6 TABLE 3- ATTRIBUTES OF THE FOUR BIFACES FROM ORA-64. _ Cat i 15728- 16729 17230 17229 Feature N 400 400 578 678 Material Monterey Chen Rh olite Obsidian Ahvollte Maximum Len h cm. 22.7 26.6 25.2 30.1 Maximum Width cm. 6A 8.9 7.7 8.5 Maximum Thickness cm. 1.48 1.82 1.5 1.35 Weight 221.55 430.02 29027 340.0E Width At Base cm. N/A N/A 1.5 2.68 Distance Of Max. Width From Base cm. 9.6 9.8 6.7 10.5 Medial Len cm. 22.4 26.2 25.2 29.6 Distal Shoulder Angle, Notch A N/A N/A 150 150 Distal Shoulder Angle. Notch B WA WA 150 150 Proximal Shoulder Angle. Notch A N/A N/A 40 85 Proximal Shoulder Angle. Notch B N/A N/A 3o 85 Notch An le A N/A N/A 110 65 Notch An ie B N/A N/A 120 65 Location Of Max. Thickness From Distal End 10.8 19.5 10.5 10.2 Neck Width cm. N/A N/A TN/A 2.8 Maximum Width At Shoulders cm. N/A WA 5.6 5.5 Depth Of Basal Concavity cm. 0.33 0.44 0.0 0.53 Cross Section Lenticular Lenticular Lenticular Lenticular Medial Form Lenticular Lenticular Lenticular Lenticular Pressure Flaking Pattern On Blade, Face A Perpendicular Parallel Perpendicular Parallel Perpendicular Parallel To Transverse Parallel Perpendicular Parallel Original Flake Scars On Blade, Face A Absent Absent Absent Absent Impact Scars On Blade. Face A Absent Absent Absent Absent Pressure Flaking Pattern On Blade, Face B Perpendicular Parallel Perpendicular Parallel Transverse Parallel Perpendicular Parallel Ori inal Flake Scars On Blade, Face B Absent Absent Absent Absent Impact Scars On Blade, Face B Absent Absent Absent Absent Basal Configuration Concave Concave Stem Split Stem Method Of Manufacture Of Base, Face A Pressure Flakino Percussion Or Indirect Percussion Notching Via Indirect Percussion Notching W/ Pressure Retouch Neck Thinning Method, Face A N/A N/A N/A Notching W/ Pressure Retouch Method Of Manufacture Of Base, Face B Pressure Flakin Perpendicular Parallel 'Notching via Indirect Percussion Notching W/ Pressure Retouch Neck Thinning Method, Face B N/A N/A N/A Notching W/ Pressure Retouch The Monterey chert biface (No. 15728) is very regularly pressure flaked with flakes that are small in width (3-4mm.) and that intrude only an average of 5mm. The pressure flaking on this biface was very deliberate and meticulously executed in order to produce a denticulate margin not possessed by the other bifaces. Pressure flake platforms are individually set opposite each other in order to create the denticulation. In contrast, its rhyolite partner (No.15729) has -the most irregular pressure flaking of the four specimens. Flaking on the latter is multi -directional and only slightly invasive (<5 mm). The lack of invasiveness has created a steep -sided aspect to the margins. Mom, t�- 43 Basal configuration is grouped by cache. The bifaces from feature 400 both possess concave bases. The base of the chert biface is carefully manufactured via pressure reduction. The concavity on its larger partner appears to have been made via percussion. This resulted in steep - sided margins in the concavity effectively stopping further shaping due to an increased risk of end shock. The bifaces from feature 578 are both stemmed. The larger rhyolite biface (No.17229) has a split stem configuration with both notches and basal concavity formed by notching. The notching may have been formed using indirect percussion. Shaping of the stem was accomplished via.notching and pressure flaking, and there is no attenuation of the neck. Its obsidian partner has a single stem base formed by a combination of margin raking and indirect percussion as indicated by exceptionally large notching flake scars. The lack of use wear or damage, the accumulation of polish on the surfaces rather than the working edges, the lack of functional efficiency inferred from the size of the bifaces, and care in manufacture indicate that these exotic items were not functional tools. There are also no indications -that any of the four specimens were ever hafted. The non -utilitarian function of the bifaces thus separates these caches analytically from other "economic" biface caches (Rick and Jackson 1992: Scott, Davis, and Flenniken 1986 for example), The bifaces from the Rosenberger site on banks of the Snake River in western Idaho show a similar lack of use wear and support the hypothesis that such blades were manufactured as ceremonial items (Madsen 1997). context & Symbolism Although ORA-64 contained the evidence of several hundred human burials, none of these interments was found in direct association with either biface cache. The occurrence of cached artifacts typically considered ceremonial in purpose is not unusual in archaeological sites of southern California (Sutton 1996). The specific context at ORA-64, however, may be construed as cemetery related due the large number and dispersed nature of singular and multiple burials. In this regard the biface caches appear more representative of items of cultural patrimony rather than associated with a single burial or even one of the many burial groups. In the ceremonial use of magico-religious artifacts there is often implicit symbolism in the form of the artifacts and their use, in this case the context of being buried in pairs of similar forms (i.e. basal configurations) while differences occur in size, color, and quality of manufacture. Being paired sets of one small and one large biface may represent the age-old symbolism of sexual dimorphism of the human species, or possibly the relationship of parent and child. Considerable research is necessary before such ideas can be developed beyond the level of curious speculations. MA� Chronology and Links to the Northwest Great Basin The occurrence of cache bifaces of this type in southern California is unprecedented. However, similar cache bifaces in the Interior Pacific Northwest and northwest Great Basin are a characteristic of Archaic burial complexes (e.g. Oetting 1992), the best defined of which is the western Idaho Archaic burial complex (Pavesic 1985). The western Idaho Archaic burial complex typically includes large bifaces made from obsidian and- various siliceous materials. Reference is made to cache bifaces that are generally ovate, bi-pointed, and without notching or other basal configurations. Specimens also occur notched at one end to produce a basal configuration known as the "Turkey Tail". The latter designation is derived from the morphological description applied to similar artifacts found in the Midwest and in the eastern Woodlands (Pavesic 1985:67-68), though no cultural affinity between Archaic Idaho and either Midwest or Eastern Woodland cultures is implied. The dates of the western Idaho Archaic burial complex are based on one radiocarbon assay of bone and -a small number of obsidian hydration dates. The latter indicate an age between 4000 and 4500 years ago, while the radiocarbon date of 5790 ± 170 BP (WSU-1497) from the Braden site in western Idaho demonstrates a greater antiquity for the complex. These dates are consistent with the mid -Holocene occupation of ORA-64. The occurrence of four bifaces placed in caches similar to contexts where they are found in southern Oregon and Idaho indicates probable sharing of cultural traits direct lines of communication. Recent studies have paid considerable attention to the occurrence of the distinctive Olivella grooved rectangle (OGR) beads in southern California sites, the western Great Basin, and nowhere else (Howard and Raab 1993; Vellanoweth 1995; Jenkins and Erlandson 1997). OGR beads occur in very small numbers wherever they are found; only one was recovered from ORA-64. Unlike the bifaces, the OGR beads follow a Great Basin route from southern California to the northwest Great Basin and are found at several western Great Basin sites along the way (Bennyhoff and Hughes 1987). But these are not the only shared traits between the north and south. Other artifacts co- occurring include stone balls. Stone balls are known occasionally in sites throughout North America; presumably most were used in sport (Culinl975). But their occurrence in quantity is rare in Orange County (ORA-64 and ORA-58 (Koerper et al. 19) and in a few northern locations, including the Bowling Dune site in Oregon (Jenkins 1997:personal communication). A similar distribution is noted for small ceramic cylinders. ORA-64 is notorious for the small tapered and cigar shaped cylinders found during the first excavations in the 1970s (Drover 1971). Many of these ceramics show some similarity in form to the cigar -shaped ceramic cylinders from the Karlo site in northeast California (Riddell 1960). An artifact class recognized as unique to.southem California, but particularly Orange County, is the cogged stone. Artifacts that formally qualify as cogged stones have also been reported in Oregon (McKinney 1968). As well, McKinney reports that two cogged stones were 1,/ 6 /, a 100-6 45 ,s found in the vicinity of a group of early Milling Stone Period sites in the western Great Basin near Fossil Falls in Inyo County, California. Discussion The shared traits in mortuary practices between ORA-64 and the Western Idaho Archaic Burial Complex argue for greater cultural continuity over much larger areas and for greater periods of time in the middle Holocene, and possibly earlier, than previously thought. The presence of OGR beads, stone balls in large quantities and sizes, possibly cogged stones, and small cylindrical ceramics further support the conclusion of strong cultural affinities during at least the middle Holocene between these two regions. These data lend a great deal of support to the hypothesis that Uto-Axtekan speakers arrived considerably earlier than previously thought (cf. Howard and Raab 1993; Vellanoweth 1995:18), and that the connection between the two regions is based on the early southward migration of Shoshonean speaking peoples from the northern Great Basin. The four bifaces reported here indicate that middle Holocene populations of southern California enjoyed a much more complex social and economic system that goes far above our traditional conception of egalitarian hunters/fishers and gatherers. The data from ORA-64 is abundant, diverse, and unprecedented. The data is interpreted to indicate a more sedentary and complex culture during the middle and early Holocene of southern California than previously thought. Further questions for research will revolve around issues of cultural diffusion, cultural persistence, maintenance of trade routes, the nature of this trade, its origin and why this long distance connection was severed during later times. Ceramic Technology The collections from ORA-64 have thus tar produced 96 ceramic objects (Table 4, Table 5). A typological study of the ceramics identifies five categories including cylinders, tube beads, possible vessel fragments, casts, and amorphous forms including plugs. Variation in decorative elements on some of the cylinders further segregates the ceramics into additional types. The ceramics are described in general morphological terms of shape and decorative elements, and specific types are identified. These types are discussed in terms of age, distribution within ORA-64, and associations with site features within the discussion regarding artifact function. The presence of these artifacts is not unique for California. Ceramic effigies are known from Middle Holocene contexts in Marin County, Lassen County, and San Diego County. Previous research by Drover (1971) noted some similarities in form and design between the ceramics from ORA-64 and those from elsewhere in California. 46 MAod4a lo%c. Ceramics Effigies- Regional Context The occurrence of ceramic artifacts in California archaeological sites is rare. The development of ceramic technology for domestic utilitarian artifacts such as pots bowls and other vessels never took hold in prehistoric Califomia under the Late Prehistoric Period. The explanation for the lack of ceramic technology has been argued to be due to the well -developed basketry industry throughout all of coastal and inland California. Ceramic technology arrives late in prehistoric California, but it was generally restricted to the southern deserts adjacent to the Southwest or in eastern California along the fringes of the Great Basin. Considering the general absence of ceramics in coastal and interior California during the Late Prehistoric Period, when native cultures throughout most of North America had adopted ceramic technology, the discovery of ceramic artifacts from ORA-64 in the early 1970s was a discovery of extremely high significance. Ceramic objects described as human figurines or effigies were first reported in California over fifty years ago (Heizer and Beardsley 1943). Ceramic figurines have been noted throughout the larger Southwest, the earliest find being the effigies noted by Kidder and Guernsey (1919) in the San Juan area of northeast Arizona. Numerous investigators have reported finds of human figurines throughout the Southwest and Great Basin areas. The majority of these finds, however, include figurines with very clear human representations. Decorations include punctate necklace designs and clothing and the application of female breasts or male genitalia. More detailed specimens include the representation of arms, legs, and facial features. It is also in most of these cases that the chronological placement of the figurines is quite late. The figurines reported by Heizer and Beardsley (1943) are Late Prehistoric artifacts. The ceramic artifacts reported by Morris (1951) and other investigators from Southwest are associated with Basketmaker III contexts and are therefore late (AD 500). In southern California ceramic figurines have been identified in San Diego County (True 1957). These artifacts are also Late Prehistoric in age and exhibit clearly anthropomorphic features. Similar figurines have been found in Orange County in Late Prehistoric Contexts. The excavations at ORA-58 (Genga) produced a number of figurines related to the style of Patayan figurine production best documented for the lower Colorado River area (Koerper and Hedges 1996). The identification of ceramic artifacts that show similarities in terms of age and form to the ORA-64 ceramic collection has been met with little success. Joesink-Mandeville (1978) has argued for a cultural link between the ORA-64 and other North American ceramic figurines and those of Formative Central America (1000 BC). Because the ORA-64 specimens do not have the attributes as originally stated by Joesink-Mandeville that would suggest a diffusion of stylistic traits and manufacturing techniques from Central Amreica to California, his assertion that this artifact class represents a diffusionary link is without support. The primary difficulty in identifying cultural similarities or identity between ORA-64 and the numerous other sites with the ceramic figurines is the differences in age. M446 fotc • 47 NA� There are few figurines that have been identified which show formal similarities with the ORA-64 specimens that are also of similar age. One of these sites is the Karlo site located in Lassen County, California (Riddell 1960). This site produced a small number of figurines with simple cylindrical or cigar -shaped forms. The site did produce two female figurines thought to represent the female torso with applique breasts. The Karlo site has been dated to approximately 35004000years old (Riddell 1960:1). One other site that has produced similar figurines similar to the ORA-64 specimens is located in southern Texas. Here a site known as Eagle Cave, located along the lower Pecos River Valley, has produced a number of figurines with simple cylindrical, tapered cylinder, and bipointed cylinder forms. The decoration of the specimens includes only simple punctation and incising like the vast majority of the ORA-64 specimens. The figurines from Eagle Cave are estimated to be roughly 4000 years old. The sample of ceramic figurines from ORA-64 is now the largest of all known collections of this artifact class. It is also apparently the oldest. The forms identified are listed in Table 4 and discussed individually below. ORA-64 Ceramics TABLE 4— CERAMIC ARTIFACT TOTAL$ BY TYPE. Cylinder Mold 18 17°k GlobulaNBall Shaped 4 4% Miscellaneous Mold 4 4% Plain Cylinder 7 7% Tapered cylinder Effigy - flat Basefrop - Decorated 29 30% Tapered Cylinder Effigy - Flat SasaRop - Undecorated 17 18% Tapered Cylinder Effigy - pound Base - Decorated 1 1 % Tapered Cylinder Effigy - pound Bese - Undecorated 5 5% Tula Bads 5 b% Undifferentiated 5 5% Vaal Shard - Decorated 3 3% 96 100% 48 Mi 1446 • The ceramic collection from ORA-64 includes six general types. These types are tapered cylinders, plain cylinders, beads, small vessels, globular pieces including ball fragments, and molds. As shown in Table 3, the most abundant type of ceramic artifact is the tapered cylinder. In all cases the tapered cylinders, beads are rolled from clay most likely procured from the basal deposits of this shallow site. The globular pieces and vessel fragments appear to be roughly modeled as in the production of pinch pots. No 64-10546 64-10749 64-36084 64-40420 Moro off P p,l 1 64-7339 64-7340 evidence of coiling exists. The FIGURE 16— INCISED CERAMIC ARTa'ACTS FROM ORA-64. ceramics are all fired at relatively low temperatures with most specimens not being resistant to the removal of paste with a scrape of a fingernail. No other decoration or application is evident. Unlike certain other artifacts, such as shell beads, none of the ceramics exhibits application of ochre or asphaltum. Each of the six major types occurs decorated (Figure 16 and Figure 18) and undecorated (Figure 21) with the exception of beads. None of the latter occurs decorated. There are two primary methods of decoration on many of the artifacts. The most common is referred to here as inc•ised/punctate, with 24 of the 96 specimens exhibiting this design pattern. At first glance the incised/punctate pattern appears as a broadly 64-10538 incised line (Figure 16; 64-7339). On close inspection, however, it is clear that the lines are made from an object that has multiple points (Figure 17). Hence the term incised/punctate. The object used is unknown, but patterns I ' d' . ,a. ' 4 FIGURE 17-- DFTAR.OF PUNCTATWINCISED DECORKCION STYLE. 64-29494 64.41099 64-44597 rT CM a 1 -. evident m the samp e n t cate F RF 18 HUNCTATF DI'COltATFD CI'RAMICS tROM ORA-64 from two to six small, sharp points. such as would result if 49 multiple awls or needles were hafted together. A modern tool having a similar form and that may have an analogous function is a tattoo needle. The specimen in Figure 17 shows a tool with six points. The repetitive pattern is seen clearly in the markings with identical impressions in contiguous, parallel lines. The next common pattern is a simple punctate design in which a single impression is made with a pointed object such as needle or awl. A total of seven specimens exhibit this design (Figure 18). Other design patterns noted include FIGURE 19-- DIirAm of APPLIQUE EAR ON two examples of what appear to be cord ANTMoPOMoRPHic FIGURINE. wrapping and another that may be shell -edge stamping. These identifications are not confident, however, due to the poor representations and weathered surfaces on the specimens. Two specimens have bulbous appendages.as appliqud. One specimen (64-7339, Figure 16) is a tapered cylinder that also shows an incised/punctate design around its circumference. The appliqud do not suggest any particular body part. They may represent ears on a head, or they may represent male testes if a sexual representation is indicated. They do not conform to any known representation of female figures known in this artifact class. Only one specimen with clear anthropomorphic characteristics was noted (Figure 20). This specimen is a tapered cylinder with two distinct impressions for eyes and a series of small, shallow punctate impressions at the location of the nose. Ceramic Effigy wat ut!'7I 0 CM Mum 20-- ANTHROPOMORPHIC FIGURINE. NOTV DISTINCT BYES AND PUNCI'ArH DESIGN POR NOsli. 50 HiAe4a %• M/V\ Yf� INN. `• A',r W wit � - ✓Yli . L i 64-3211 64-14321 64-10750 64-40334 64-42567 R? y 3'- 64-31045 64-7422 64-41398 64-44632 64-4007 0 1 2 CM FIGURE 2 1 - UNDECORATED CERAMICS FROM ORA-64. Tapered Cylinders The most common ceramic artifact from ORA-64 is the tapered cylinder. Tapered cylinders comprise 52 of the 96 ceramic objects recovered. There is considerable variation in the size of these ceramic artifacts, but there is general consistency in form. The lengths of complete specimens range from 13.15 mm (64-35284; Figure 21) to 34.32 mm (64-3211; Figure 21). The majority of tapered cylinders have gently sloping,parallel sides, but a few show slight shoulders near the broader end, or base. The majority of the tapered cylinders exhibit flat bases. As noted above the most common design element is the incised/punctate design. The majority of the tapered cylinders are decorated (Figure 16) with slightly less than half being undecorated (Figure 21). HA64a 1410.6 . 51 4t M44 Plain Cylinders Another form of effigy is in the plain cylinder. All of these ceramic objects occur undecorated. The plain cylinders are represented by seven specimens. Most of these are fragmented, but complete specimens have a range of up to 29.07 mm (64-31045; Figure 21), Beads 64-45839 64-37691 64-42723 64-43060 0 1 � cm FIGURP 22— CRAMIC CYLINDER BBMS MkOM ORA-64. Four tubular ceramic beads recovered from ORA-64 (Figure 22). These beads are all relatively consistent in size and form, ranging from a length of 10 mm to 15.88 mm. The outside diameters are also quite consistent ranging from 4.1 nun to 5.9 mm. The technique of manufacture for the ceramic beads appears 64-326 to have involved the simple rolling of clay ., around a cylindrical object such as a wooden twig or piece of bone. Upon firing the twig or bone was burned away leaving a tubular bead. Experiments conducted by :'-- •Rim' the author using clay from ORA-64 produced excellent results with ceramic beads using small twigs and a backyard gas powered barbecue. Ceramic beads were C"' produced in less than 112 hour of firing at between 300 and 500 degrees Fahrenheit. Vessels One of the most problematic yet intriguing type of ceramic artifact from ORA-64 is the possible vessel forms. A total of the three vessels sherds was 64-21146 64-20956 recovered from ORA-64 (Figure 23). Each of these ceramic artifacts exhibits FIGURId 23— VESSEL SHERDS IxoM ORA-64. decoration. two exhibiting incised/punctate 52 MA6461041C a decoration and one exhibiting punctate design alone The latter (64-21146. Figure 23) has the decoration of the interior (concave) surface of the specimen while the other two have the decorations placed on the exterior (convex) surface. The identification of these artifacts as ceramic vessel sherds is based on the identification of direct rims on each. This is in addition to the general curvature that suggests a spherical shape. The curvature of each artifact also suggests extremely small vessels that would overall dimensions of less than 10 cm, such as would be typical of a small pinch pot or bowl. Balls Small ceramic 1 globular or ball -shaped artifacts are probably the most enigmatic ceramic artifacts from ORA-64. Four 64-21201 ceramic artifacts of this type 64-41184 64-22147 were recovered. Each is 0 1 decorated with a different cm design style (Figure 24). The design styles include FIGURE 24-- GLOBULAR/ BALL CERAMIC Awrmncrs r•RoM ORA-64. punctate, incised/punctate, incised, and possibly shell edge stamping. Each of these artifacts is relatively massive compared to the thinner and smaller ceramic artifacts previously discussed. There is a spherical or curved shape to each, although some are more ball -shaped than others. The possibility that these artifacts represent a fragment of a larger tapered cylinder or similar such artifact with rounded bases was considered. However, this is unlikely due to the size of these specimens and the presence of decorations on the curved surfaces. Molds Ceramic molds are the second most frequent ceramic artifact type recovered from ORA- 64. These artifacts resemble very large -diameter tube beads, though these artifacts only occur in fragmented form. There are indications that clay was wrapped around large -diameter plant material and then fired. This would result in the production of large tube beads. These artifacts are enigmatic because there are no whole specimens in the sample. It is possible that these artifacts represent incidental molds, such as would occur when clay should happen to surround a cylindrical object such as wood, bone some other object. A case in point could be the placement of poles in the soil as part of shelter construction. The burning of the structure could create the circumstances by which these objects were made. None of these artifacts is decorated. H"4a53 �naias�—cuw�mu:nxnrncr,rnass uxui:cuKnnun�rn.c. CERAMIC TVPE Cylinder Mold Count Permnt Undifferentiated 16 17% Globular/Bell shaped Incised 1 1% IncisedlPunciate 1 1% Punctate 1 1% Shell Edge Stamping? 1 1% Miscellaneous Mold Undifferentiated 4 4% Plain Cylinder Undifferentiated 7 7% Tapered CylincW Effigy - Flat Bass(Top - Decorated Cord Wrapped? 2 2% Incised 1 1 % Incised/Punctate 21 22% Punctate 4 4% Undifferentiated 1 1% Tapered Cylinder Effigy - Flat BsWrop - Undecorated Undifferentiated 17 16% Tapered Cylinder Effigy - Round Bass - Decorated Punctate 1 1 % Tapered Cylinder Effigy - Round Be" - Undecorated Undifferentiated 5 5% Tube Beads Undifferentiated 5 5% Undifferentiated 5 5% Vesal Shard - Decorated incised/Punctate 2 2% Punctate 1 1% 96 100% 54 MAOd4vo If-it.4 0 Faunal Analysis (Paul E. Langenwalter) The ethnographic and archaeological records mirror each other well as regards the nature of hunting -and fishing. The record from ORA-64 has produced the most diverse faunal assemblage yet known for a prehistoric site. From the ethnographic record we know that the primary large game included mule deer, mountain sheep, and antelope. These game animals were distributed through a variety of environmental zones. Various rodents were hunted or trapped; rabbit drives were often undertaken in conjunction with the controlled burning of shrub land. Birds, such as quail, were captured with nets, traps, and throwing sticks, and waterfowl were exploited seasonally in the marshlands and rivers. Snakes, lizards, and tortoise contributed to the diet, as did various insects, grubs, and worms. Fish were caught in mountain streams and rivers, but primarily on the coast and islands; fish, shellfish, and sea mammals also contributed significantly to the diet (Bean and Blackburn 1976:56-64). Though the overall diet of the Gabrieliiio was clearly diverse, many vegetal resources were by far more important due to productivity and practicalities of storage. Subsistence practices were enmeshed in the total economy, particularly procurement for exchange of food stores. This section focuses on the procurement of animal resources through hunting, fishing, and trapping. The faunal analysis was guided by the need to identify, compare and contrast the marine and terrestrial animal food resource bases for all time periods represented at ORA-64. The following summary of the faunal analysis accomplishes this on a preliminary level. Introduction to Analysis Prior research at ORA-64 provided a vertebrate faunal assemblage which was in many respects unlike faunal assemblages from other sites of the same time period along the southern California coast (see Drover, Koerper and Langenwalter 1983). The original study indicated a broader, more complex animal use pattern than previously thought used by southern California hunter -gatherers during the Early Holocene. This included resource procurement of a wide array of species (large and small mammals, carnivores, fish, reptiles, water and terrestrial birds, marine mammals). These animals were procured using a broad range of technology from numerous habitats. Current research has revealed even more evidence of these activities. The final mitigation phase of excavation at ORA-64 yielded more than 1,210,000 specimens. A sub -sample of 165,690 specimens was identified for this study, along with an examination of an additional 264,591 specimens to recover animal bone artifacts. The density of the vertebrate specimens in the central part of the site exceeds that of all other regional archaeological sites belonging to the same cultural -temporal continuum. The species list from ORA-64 is one of the largest from any archaeological site in western North America. It includes a minimum of 122 animal species. The array of species represent a procurement strategy similar to MN(A�• �� • 55 I� that seen at other sites located adjacent to bays and estuaries. However, there is evidence that waterfowl procurement provided much of the raw materials for a bone bead production industry at the site. In turn, this seems to have increased the proportionaluse of waterfowl at ORA-64, relative to similarly situated sites. Otherwise, the species used at ORA-64 belong to the same classes of animals used by southern California hunter -gatherers throughout the Holocene. This indicates that the basic animal use pattern was in place in the Early Holocene, although it varies between sites based on site function and environmental constraints. ORA-64 is not representative of other sites in the region, of the same age. The focus and intensity of procurement at ORA-64 differed substantially, because of site functions. The study currently in progress, is contributing to the previous understanding of animal use at the site and for regional human activity during the cultural -temporal continuum represented by the multiple occupations at the site. Earlier research at such sites like Badquitos Lagoon (Warren, True and Eudey 1961) led researchers to conclude that there had been a major shift from game to plant foods early in the Holocene Epoch, as reflected in the types and number of stone tools represented in Milling Stone Horizon sites. Essentially animal resources were thought to have been substantially diminished in importance, and this belief was reflected in the major regional cultural chronologies (Wallace 1-955; Warren 1968). The analysis of the vertebrates at ORA-64 demonstrated that a diverse variety of terrestrial and marine species were used during the Milling Stone Horizon (Drover, Koerper and Langenwalter 1983; Langenwalter 1980). In essence, the findings showed that while technology had changed during the Early holocene it did not reflect the relative importance of animal resources, or the true dynamics of animal use. There are a number of reasons that this problem occurred during the early research along the coast. The sites sampled prior to the mid-1980s were camps and special use sites, which ace common, but do not represent the entire annual land use pattern of the early Holocene peoples in the region, let alone the dynamics of human -animal interaction sphere imbedded within it. Another problem was the use of quarter inch mesh screen at some sites, and the selectivity of supervising archaeologists in determining which vertebrate specimens were "idendflable", thus kept, versus the unidentifiable ones which were discarded (This was common practice into the 1970s in North American archaeology, and continues among some researchers today). Since the original study at ORA-64 (Drover, Koerper and Langenwalter 1983) there have been a number of advances in regional archaeological research. Research at other Milling Stone sites using more effective sampling techniques, and ecologically focused research designs have produced samples which support the inferences about Milling Stone Horizon animal use patterns based on the ORA-64 vertebrate fauna (Koerper, Langenwalter, and Schroth 1991; Salls 1991). These studies indicate that animal use during the Early Holocene was even more sophisticated than the data from the ORA 64 fauna had originally indicated. A major reason for a reexamination of the ORA-64 vertebrate use pattern has been to expand the sample size using eighth inch mesh screen, and water screening (The original samples were procured using quarter inch mesh screen and dry screening). 56 Mom- ir6 K� Another consideration with implications for the faunal research at ORA-64 has been the apparent existence of multiple periods of occupation, and a more complex site structure than originally believed. Initially several periods of occupation were hypothesized (Drover, Koerper and Langenwalter 1983), but the original vertebrate sample was too small to profile each component adequately. Samples representing these periods were too small to provide substantial documentation of the types of species used, let alone the analysis of behaviors involving resource selection, diet and manufacture involving vertebrate species. The following text describes the research perspective being used to guide this study, including the methodology, the sample, and some of the initial findings. Research Perspective The topics and problems described in this section follow the typical domains used in zooarchaeological research in California. The application of the research is site -oriented, focusing on determining the nature of human animal use activity at ORA-64, ultimately integrating it into the overall pattern of the inhabitant's lifeway. Secondarily, the goal is to integrate this information into the regional cultural chronology. The domains of research include a number of topical areas: paleoenvironment, animal selection patterns, land use, procurement technology and strategy, processing and manufacturing, identification of consumable products, ceremonialism, and seasonality. The recovery of paleoenvironmental information is for the purpose of determining the nature of the environmental setting of the vicinity when the site was occupied, as well as, the habitats used as a source of animals for production. Animal selection analysis focuses on the array of species used, along with a consideration of their behavior, distribution and body form to determine the factors (cultural rules, environmental constraints) which drove and shaped the selection of species for consumption. Similar information aids in determining the catchment area used by the inhabitants of ORA-64 for procurement, and some of the kinds of tools and strategies that were used in procurement. Once animals were procured, they were processed into usable forms for consumption (food, tools, ornaments, etc.) Data have been collected to determine, in -so -far -as -possible, how this occurred, the tools used, and the products (units of consumption) realized from this area of activity at the site. Additional areas of research included animal ceremonialism, using feature and association based analyses, and seasonality, using migration patterns and growth pattern data from selected species (birds, fish). The general approach to the analysis of the vertebrate remains follows prior work by the author (see Koerper, Langenwalter and Schroth 1991; Langenwalter et al 1989; Langenwalter, Langenwalter and Strand 1983; Mason, Koerper and Langenwalter 1997) at other California archaeological sites. This approach is designed to provide a consistent body of data comparable over a wide area to ultimately allow regional, and inter -regional study. The domains described below are those deemed most important to the current study. Other areas of research follow the approaches described in the previous studies listed above. l , /, v''4'06 , 57 Paleoenvironmental Reconstruction The analysis of habitats surrounding ORA-64 at the time of occupation is feasible because of the paleobiological remains which can be recovered from the site. Some of the vertebrate species represented in zooarchaeological samples can be used as indicators of the local paleoenvironmental setting where the sites were located. These species are usually rabbits and rodents. They are useful because they can be assumed to have lived in the immediate area of the sites, and they have relatively narrow habitat requirements which can be used as a basis for interpretation. Hypotheses: Analysis of the habitat -sensitive terrestrial species from the several occupations at the site will indicate that the habitat at the site was stable during the early Holocene, and was similar to late prehistoric habitats in the region. Comparison of the species used at sites representing different time periods around the Newport Bay imply that the habitats exploited for vertebrate resources remained stable from the Milling Stone Horizon to the protohistoric period (compare faunal lists presented in Drover, Koerper and Langenwalter (1983) with Langenwalter (1981),.Huddleston (1981) and McKenzie (1981)]. This is supported by the original pollen study at ORA-64 which indicated that the plant communities present during the Milling Stone occupation approximated those present today (Drover, Koerper and Langenwalter 1983:31). Essentially this inference should be true for the entire sequence of occupation. This would provide a stable environment for the continuing procurement of key resource species used in the region throughout the prehistoric period. While stasis is hypothesized for the terrestrial habitats, change is suggested for the configuration of the marine habitats adjacent to the site. The evolution of the Newport Bay from a deep water estuary at the end of the Pleistocene to its present shallow, often marshy form today is well known. The main concern of this change relative to ORA-64 is to identify the marine habitats adjacent to the site in an effort to document any shifts in marine resource procurement that reflect shifts of habitats seaward as the bay slowly filled during the span of time the site was occupied. The original analysis of the fauna indicates that rocky bottom habitat with kelp was near the site during the Milling Stone. This habitat has retreated seaward considerably,,recendy resulting in the local replacement of the fauna with shallow muddy bottom associated species. The configuration of the marine habitat during the San Dieguito occupation remains unknown, as do the details of local habitat succession in the bay during the overall period of occupation. The initial study of ORA-64 demonstrated the presence of at least five vertebrate species which could be potentially used in the paleoenvironmental analyses. The use of 1/8" mesh screen during the current excavation resulted in the collection of additional small species, that are habitat restricted, which will benefit this study. 58 NAOC�& 140Z • Gum Subsistence and Settlement Almost all of the problems described above have a bearing on subsistence and settlement at ORA-64. The main concerns of additional study of subsistence at ORA-64 is the use of finer mesh screens and column samples to document the types and proportions of smaller vertebrate species used at the site, that were not recovered because of the large screen size used during the initial study. This has a direct bearing on the analysis of the pattern of resource selection which is probably not completely documented for the site because of sampling bias. The main problem is to identify the parameters of selection relative to economic principles. Research has shown that with some exceptions, California hunter -gathers used resources in limited size ranges, which were relatively abundant in local habitats as primary targets for exploitation as food and raw material resources (Langenwalter 1978, Langenwalter, Langenwalter and Strand 1983). Those species which could provide two or more raw materials (meat, bone, hide, etc.) were the focus of exploitation. This basic strategy was in place as early as the San Dieguito- Milling Stone transition (Koerper, Langenwalter, and Schroth 1991), and probably earlier. Sampling the San Dieguito assemblage at ORA-64 will provide data necessary to determine if the same strategy was used in earlier bay habitat. Since the site includes several occupations spanning a long period of time it is possible that minor shifts in procurement occurred locally as the result of dwindling resources, ecological factors, or human harvesting behavior. These can be characterized as transitory shifts•that would occur over restricted periods of time, unless factors such as increased population densities resulted in long term local changes. An example is SCLI-43b where resource focus shifted in response to over- harvesting (Salls 1991). The settlement pattern at the site may have changed through time in response to environmental adaptations. One such adaptation is described in the Seasonality section where it is hypothesized that the seasonality shift during the Milling Stone Horizon occupation may have been the result of adjusting fishing behavior to seasonal resource availability. Seasonality Seasonality analysis, more accurately described as the analysis of the season to season occupation at a site, provides the basis for identifying the annual pattern of land use by prehistoric peoples. In general, the prehistoric peoples in the California Culture Area have been described as following a pattern of "restricted wandering" (having a permanent base camp or village, and using a succession of camps in different areas during the course of the year to exploit localized resources). Drover, Koerper and Langenwalter (1983) argued that such a pattern existed among the people that inhabited ORA-64, so that the site was inhabited only part of the year. This inference is supported by the seasonality data for the site which implies that the early Milling Stone occupation occurred Ma, ice- 59 during the winter. A shift in the season of occupation at ORA-64 was inferred by differences in the composition of the species of waterfowl recovered above and below the 40 cm level in the core area of the site, suggesting that the later occupation occurred during the late spring -summer season. The data base for these interpretations is small, and subject to error. Additional study of the seasonality of occupation at the site could validate or refute the original inference, and further refine the existing interpretation. Since much of the data used as a basis for the seasonality inferences about the occupation came from excavation units dug in 25 cm levels, the temporal associations of the shift in seasonality are less precise than is possible. Further analysis of seasonality data in cultural and chronological contexts should yield a more precise picture of this aspect of the settlement behavior of the ORA-64 inhabitants. Moreover, advances in seasonality analyses can yield more precise calendrical data than was possible at the time of the original study [e.g: otolith readings rather than bird migration data (cf. Monks 1981)]. All people that follow a pattern of "restricted wandering" will by definition inhabit a specific place for a limited part of the year. Therefore, we should be able to establish the annual period for each culture represented at the site. Testing of the fast hypothesis will help to prove or refute this assumption about the prehistoric cultures along the south coast. This should help to further examine the degree of sedentism of the occupations relative to Binfor&s hypothesis of the interrelationship of sedentism, food production and littoral environments (Binford 1968:332-333). Documentation of the seasonality pattern of the San Dieguito occupation may provide evidence of the temporal organization of initial human use of the bay. This may help to explain the shift in periodicity seen in usage during the Milling Stone Horizon. Perhaps earlier inhabitants did not understand how to optimizethefishing potential of the bay relative to the peak period of fish population densities until the later Milling Stone Horizon. Then the periodic adjustment described by Drover, Koerper and Langenwalter (1983) might be considered an adjustment in scheduling to more efficiently -use marine resources. This argument seems weak with respect to the dynamics of human behavior. A single fisherman could establish within one lifetime the peak fishing periods within and around the bay, given the motivation. Since all of the prehistoric inhabitants of the region were hunter -gatherers whose livelihood and well being depended on a knowledge of the efficient use of resource areas it seems unlikely that several thousand years would be required to calibrate the occupation cycle to peak fishing periods in the bay. All of the seasonality hypotheses will be testable if sufficiently large samples of migratory bird remains and fish otoliths are recovered. Samples of 30 to 40 individuals from each category representing each occupation are considered optimal for this kind of analysis. Samples half that size would be satisfactory under certain conditions. Tool Kit Analyses One of the limitations of past regional chronologies was the basing of interpretations about animal use and subsistence on artifact analysis. The ORA-64 faunal analysis showed that a large range of undocumented tools had to have been used by the Milling Stone peoples living in the Newport Bay area, if they were to have captured the types of vertebrate species represented on the 60 M"4& 104C site (Drover, Koerper and Langenwalter 1983:69). Later studies have supported this inference for the Milling Stone Horizon (Koerper, Langenwalter, and Schroth 1991; Salls 1986). Additional research at ORA-64 should provide a more substantial insight into the nature and potential types of perishable artifacts used at the site. Increased sample size will aid in the understanding of the relative importance of certain tool kits which would have been used on marine species as opposed to terrestrial species. Also, more effective sampling should result in the recovery of additional species which may have required additional tools which cannot now be inferred from the existing faunal list (e.g: sardines require fine meshed nets). Even a small increase in the San Dieguito assemblage would enhance the basis for interpretation of tool use, based on analysis of the types of tools needed to procure animals with specific biologic attributes and behaviors, as well as from specific kinds of habitats. Methods The overall sampling methodology for ORA-64 is described in the body of the site report. Vertebrate remains were recovered from one -meter square excavation units organized in a systematic grid. The units were excavated in 10 cm levels, with the resulting matrix being passed through 1/8 inch mesh screen by water screening to facilitate recovery. The matrix was picked by hand in the laboratory by sorters to recovery identifiable artifacts and ecofacts, including vertebrate specimens. All vertebrate remains werekept. Bone artifacts were separated out when recognized, and catalogued separately. The balance of the vertebrate specimens were catalogued as a lot, per unit -level. The remains from 55 of the 20 meter grid units were analyzed as part of this study. The units selected for study come from transects along the N215.5, N225.5, N255.5, E135.5, E155.5 and E275.5 axis' of the site grid. Subsequent sorting and identification involved the following procedures. The sample was divided into identifiable (identifiable to family or more specific levels) and partly identifiable (identifiable to levels more general than family) fractions by one or more taxonomists and technicians. The partly identifiable parts were further divided into fish, amphibian, reptile, bird, mammal or vertebrate. The mammal (Mammalia) and vertebrate (Vertebrata) remains were further subdivided into large, medium, small and indeterminate categories, and then counted and weighed by lot. The identifiable specimens were processed to as specific a taxonomic category as possible, counted and weighed. Modified bone (tools, tool fragments, beads, bead fragments) were separated out during this process for additional study. Faunal specimens were catalogued using the catalog number assigned to each lot. The data are listed in a catalog and summarized in Table 6. Most fish remains were identified by Brenda Bowser. Otoliths were identified and read for seasonality by Richard W. Huddleston. Most bird remains were identified by Daniel A. Guthrie. The remainder of the collection was identified by Richard L. Reynolds, Antonia Tejada-Flores and Paul. E. Langenwalter 11. General levels of sorting were done by Kevin S. Buffington and Kurt Duke. The process was supervised by the author. Taxonomic classification of specimens was based on external macro -morphological attributes following the principles described by Simpson (1945) for the non -fish, Assignments were made taking into account similarities resulting from convergent evolution and common ancestry. Animals of genera represented by a single species in the region were assigned specific status although the remains may not have possessed species -specific attributes. In addition to assignment of taxon, each specimen was identified as to element, portion of element, symmetry, age and sex, wherever possible. Each specimen was examined for evidence of cultural modification, such as burning, butchering and manufacturing marks, asphaltum staining, painting, and unusual breakage. Identification of burned specimens included three categories: heat affected (denatured organics; discolored but not blackened), charred (presence of substantial carbonization; blackened), and calcined (largely reduced organic content leaving mineral fraction; grey or white). The identification of animals which died in a burrow and other intrusive specimens was attempted to reduce bias in the sample. Although it is impossible to separate out all specimens present due to natural occurrences, it is often possible to identify and remove a significant number of noncultural specimens from the analysis of remains attributed to human activity. This was done by identifying animals which died in a burrow, unstained specimens, or specimens less completely stained than identifiable refuse, and those containing bone oils indicating recent age. Specimens that were too fragile to have remained complete when exposed to disposal on an activity surface, or to have survived site formation processes, were removed from consideration as well. In each case, a combination of these attributes was considered in identifying specimens not associable with the human occupation. In addition, some of the remains of animal species which are most likely to have been naturally introduced into the site have been removed from consideration. These are many of the burrowing species, their predators and commensals. In the case of these taxa, only specimens which bear cultural modification (burning, cut marks, etc.) have been included in the part of the sample interpreted as being of human origin. Most certainly this process will not have removed all of the sample bias resulting from naturally introduced remains. That is not possible in the context of zooarchaeological studies. However, it may have resulted in the under representation of some species in the cultural sample. We know that certain species of rodent (wood rats, tree squirrels) and snake were commonly used for food, and that other species (gophers, mice) were often captured by youngsters learning to hunt through play (Willoughby 1963). If bias has occurred through under representation, it affects only a few of the taxa represented at ORA-64. These taxa were never more than marginal participants in the animal use system of the site. Quantification of the sample as shown in Table 6 is an aggregate of all specimens within the identified sub -sample. The total number of specimens identifiable per taxon (NISP) and total weight (WT) of the specimens per taxonomic category were used. The sample remains in the process of being studied. Later analyses will include minimum number of individuals identifiable per taxon (MNI) in addition to NISP and WT calculations. 62 NAe4a 14+G MA� Seasonality studies included in this report utilize annular ring analysis of selected fish otoliths. Both left and right saggita were used, as long as the exterior surfaces were not eroded. Seasonality interpretations based on the development of annular rings in otoliths is potentially one of the most accurate methods of seasonality determination available to archaeologists (see Langenwalter et al 1989:117), although further testing is needed to verify the limitations of the method. The process is based on the known development of annular growthstages throughout the year. This information was developed from readings made on hundreds of otoliths from fish with known capture dates. The incremental development observed on archaeological specimens was compared to the known developmental pattern. This method is more accurate than bird migratory patterns because it is based on incremental growth patterns which are not subject to influence by the idiosyncracies of human or animal behavior. Research by Richard Huddleston indicates that the stages of development of annular rings (see Casteel 1976) can be "read" to a maximum accuracy of about 4 to 6 weeks. Wet reading in reflected light and bum -fracture techniques were used to make readings from the annular rings on the otoliths being studied (Langenwalter et al 1989:117). Each specimen was examined under a binocular microscope using 16 and 40 power magnifications with reflected light. In calibrating the annular rings on otoliths to calender time, the species of fish and regional environmental factors (water conditions) were considered. The statistical means and extremes for annular development of rings in the annual cycle remain to be established. This makes calibrating the seasonal reading to a calendar partly subjective. The Sample The vertebrate sampleased in this study was recovered from 55 units, located in five transects (see above). It consists of 165,690 specimens, weighing 9,374.47 g. These calculations do not include bone artifacts. The data recovered are presented in aggregate (Table 6). Table 6 gives the total specimens identified per taxon (NISP), and the total weight of specimens per taxon (WT). The specimens in the sample are assigned to 155 taxonomic categories representing at least 122 species. The majority of the specimens have been attributed to past human activity. Among these are species which would not normally occur in the vicinity of the site, or within the sediments that comprise the midden, such as fish and animals which live above ground and whose remains are not regularly interred before they are -subjected to weathering, scavenging or other sources of degradation. . However, a portion of the specimens cannot be definitely associated with human activity because they are the remains of burrowing animals (squirrels, gophers, rats, mice) which lived and died naturally at the site along with their predators (snakes) and commensals (lizards). ,Also, some remains are obviously too young to have been used during the prehistoric occupations. There is extensive evidence of rodent burrowing at the base of the midden. The underlying silts and clays of the Monterey Formation are resistant to the burrowing of the local rodent species, and formed a barrier to their activity. This concentrated an inordinate amount of rodent activity in the lower -most part of the midden. Mai 1s'tc " 63 AMA The physical structure of the fish and mammal bone found at ORA 64 is well preserved There is no gross evidence of natural or chemical degradation from the environment of deposition, which would have significantly biased the sample by removing major amounts of bone from the site, or making a significant portion too small for recovery. The fish bone is well preserved. The bone from other vertebrate families is similarly well preserved However, there has been considerable mechanical degradation of the bone by several agencies. This is one reason that the specimen density throughout the midden is very high. Part of this phenomenon is the concentration of rodent activity in some parts of the midden by the presence of a rodent resistant substrate directly beneath the midden. In addition, there is evidence of weathering in some parts of the midden, and on some bones. Both these processes seem to be mostly associated with the human interments, rather than the nonhuman animal remains (processing and production wastes, bone artifacts, etc.) The considerable fragmentation of the vertebrate faunal remains appears to be associated with extensive mechanical degradation (fragmentation) which appears to be the result of breakage underfoot associated with activity at the site over a long period. The level of fragmentation at the site is comparable to village type sites found along the central California coast, and in the interior. It contrasts sharply with seasonal camps, and most special use sites (Langenwalter et al. 1989). TABLE 6 — LIST OF VERTEBRATETAXA RECOvERED FROM ORA-64, iNAGGREGATE; GIVEN BY NUMBER OF IDENTIFIABLE SPECIMENS (NISP), AND WEIGHT IN GRAMS (WT). Common Name Scientific Name NISP WT Fossil Shark I; m sp. 2 1.25 Extinct Mackerel Shark 121Wylanus 1 4.75 Hom Shark HeterWontus hwcisci 2 0.80 Soupfin Shark Galeorhinus zv 2 0.04 Pacifid Angel Shark ,Sgyetins gglifQml 1 0.02 Shovelnose Guitarfish Rhinobatos 2mmduct 6 604 51.80 Thomback Platvrhinoidis ttj,stri 103 4.05 Bat Ray Myliobadscallfomica 978 106.04 Rays Myliobaddifbrum 26 2.55 Unlilentified Shark(Ray Chrondtichthyes 561 25.43 Cartilaginous Fishes Elatmobtancha 1638 65.67 SardinesMerrings Clupidae 84 1.15 Toadfishes Batrachoididae 31 1.71 Silversides Atherinidae 3 0.04 Jacksmelt Athednopsis ealiftxniensis 907 15.11 Rockfish Sebastes sp. 9 1.28 Kelp Greenling Hexagtsmmos decagrammus 1 0.01 Iangcod Ophiodon elongatus 3 0.23 Cabezon Scorpaeichthysmatmoratus 3 0.24 Kelp Bass Paralabraxclathratus 18 4.10 Jackmackerel Traehurus symmenicus 12 0.43 Croakers Sciaenidae 243 5.31 White Croaker Genyonemus lineatus 1 0.07 Queenfish Seriphus polims 1 0.05 64 Mom. 1001C. Table 6. Continued Common Name Scientific Name A'1SP WT Yellowfin Croaker Umbrinaroncador 2 0.15 Surfperch Embiotocidae 203 7.14 California Barracuda Sphyraena argentea 26 4.60 Senorita Oxyjulis califomica 51 1.29 Sheephead Semicossyphuspulcher 1177 153.94 Giant Kelpfish Heterostichus mstratus 2 0.12 Prickleback Stichaeidae 40 1.33 Pacific Mackerel Scomber japonicas 55 2.18 Pacific Butterfish Peprilus simillimus 1 0.02 Flatfish Pleuronectiformes 26 0.61 California Halibut Paralichthys californicus 9 0.42 Bony Fish Teleostei 9773 406.94 Unidentified Fish Pisces 1817 88.10 Toads/Frogs Anura 35 0.81 Unidentified Toad Bufo sp. 2 0.08 Pond Turtle Clemmys marmorata 997 128.76 Texas Horned Lizard Phrynosoma coronatum 2 0.03 Lizards Lacertilia 21 0.25 Constricting Snakes Colubridae 370 13.41 Rattlesnake Crotalidae 59 2.29 Unidentifiable Snake Serpentes 181 4.14 Unidentifiable Reptiles Reptilia 83 7.79 Sooty Shearwater Puffins griseus 5 1.39 Black Vented Shearwater Puffinus puffmus 3 0.38 Shearwater Puffins sp. 2 0.33 Arctic Loon Gavia arctica 1 0.21 Common Loon Gavia immer 4 2.96 Red -Throated Loon(Pacific) Gavin stellata 10 3.65 Western Grebe Aechmophorus occidentalis 8 1.75 Eared Grebe Podiceps nigricollis 34 3.85 Pied -Billed Grebe Podilymbus podiceps 96 8.79 Grebes Podicipedidae 3 032 Northern Fulmar Fulmarus glacialis 2 0.36 Double -crested Cormorant Phalacroeorax aurltus 2 0.49 Brown Pelican Pelicanus cf. occidentalis 1 0.25 Extinct Diving Goose Chendytes lawi 9 7.98 Snow Goose Chen cf. caerulescens 1 1.67 Canadian Goose Branta cf. canadensis 5 1.93 Black Brant Branta bernicla 8 1.67 Duck Anas sp. 34 3.52 Duck, Teal -sized Anas sp. 15 1.45 American Wigeon Anas cf. americana 1 0.07 Gadwall Anas cf. strepera 8 1.25 Green Winged Teal Anas crecca 39 4.49 Mallard Anas cf. platyrhynchos 5 0.97 Pintail Anas acuta 74 15.10 Blue Winged Teal Anas discors 46 6.22 Cinnamon Teal Anas cyanoptem 43 5.49 N�,40, fort A i�IIIIII�IIII . Table 6. Continued. Common Nate Scientlllc Name NISP WT Shoveller Duck Anscclypeata 135 24.62 Redhead Aythyaamericana 54 13.37 Lesser Scaup Aythyaaffinis 44 12.01 Buffiehead Bucephalacf.albeola 1 0.04 Coot Fulicaamericana 705 96.39 SurfSeoter Melaninaperspiciilata 1 0.10 White -Winged Scoter Melanitta cf. fusca 1 0.32 Ruddy Duck Oxyum jamaicensis 521 70.17 Unidentifiable buck Anaddae 52 9.44 California Quail Callipeplacalifomica 9 0.59 Clapper Rail Rallus longirostris? 1 0.08 Common Moothen Gallinulachloropus 1 0.03 American Avocet Recurvirostra americana 3 0.13 Sanderling Calidtis cf, alba 1 0.02 Marbled Godwit Limosa cf. fedoa 1 0.09 Dowitcher Umnodromus sp. 2 0.12 California Gull Lana californicus 1 0.27 Ring -billed Gull Low delawarensis 2 0.16 Bonaparte s Gull L w philadelphia 1 0.15 Common Murre Uria aalge 2 0.65 Xantus's Mturelet Endomychum hypoleuca 1 0.15 Craverii s Murrelet Endomychura craved 1 0.14 Ancient Murrelet Synthiiboramphusandquus 1 0.32 Osprey Pandion haliaetus 1 0.21 Hawk Buteo sp. 2 0.15 Red -Tailed Hawk Buteo jamaicensis 11 2.71 Red -Shouldered Hawk Buteo lineatus 4 0.34 Kestrel (Sparrow Hawk) Falco sparverius 3 0.10 Hawks Accipittidae 21 2.29 Dam Owl Tyto alba 5 033 Burrowing Owl Athene cunicularia 1 0.14 Common Flicker Colaptes cf. aruatus 1 0.06 Common Crow Corvus brachyrhynchos 3 0.51 Raven Corvus corax 4 0.29 Red -Winged Blackbird Agelaiusphoeniceus 4 0.14 Brown Towhee Pipilo cE f tscus 1 0.03 Song Sparrow Melospiza cf, melodia 1 0.02 Western Meadowlark Stumella cf. neglecta 1 0.02 Perching Bird Passe fortes 5 0.14 Unidentifiable Bird Ayes 13934 876.10 Desert Shrew Nodosorex crawfordi 1 0.01 Shrew Somx sp. 2 0.02 CalifomiaMole Scapanuslatimanus 21 1.52 Desert Cottontail Sylvilagus audubonii 3 0.11 Rabbit, sp. indet. Sylvilagus sp. 2603 166.23 Black -Tailed Jackrabbit Lepuscalifomicus 277 35,73 Rabbits Leporidae 13 1.69 California Ground Squirrel Spermophilus beecheyi 957 65.90 66 Mom- %c Table 6. Continued. Common Name Scientific Name NISP WT Pocket Gopher Thomomys bottae 7068 295.38 Pocket Mouse Perognathus sp. 54 0.76 Kangaroo Rat Dipodomys 112 2.77 Harvest Mouse Reithrodontomys sp. 19 0.19 Deer Mouse Peromyscus sp. 43 0.60 Southern Grasshopper Mouse Onychomys torridus? 3 0.05 Dusky -Footed Woodrat Neotoma fuscipes 4 0.09 Desert Woodrat Neotoma lepida 2 0•04 Woodrat Neotoma sp. 64 1.67 Meadow Mouse Microtus califomicus 5 0.09 Muskrat Ondatra zibethica 103 9.47 House Mouse Mus musculus 1 0.01 Unidentifiable Rodent Rodenda 1794 51.79 Whales Cetacea 6 0.64 Dolphins/Porpoises Delphinidae 3 3.41 Domestic Dog Canis cf. familiaris 5 3.94 Coyote Canis latrans 19 5.89 Gray Wolf Canis lupus? 1 1.29 Dog or Coyote Canis sp. 90 34.32 Gray Fox Urocyon cinereoargenteus 2 0.21 Long -tail Weasel Mustetafrenata• 4 0.37 Badger Taxidea taxus 84 58.94 Striped Skunk Mephitis mme hitis 9 IA3 Spotted Skunk Sin loeale utp onus 10 0.73 Sea Otter Enhvdra lutris 24 3.68 Canada Lynx Lynx canadensis? 2 0.75 Sea Lion/Fur Seal Otadidae l 0.15 Alaska Fur Seal Callorhinus RLs n 1 0.14 Southern Fur Seal Arctoohoca townsendi 3 10.41 Unidentifiable Carnivore Camivora 31 5.38 Pronghorn Antelope Antilocapra amerlcana 4 3.61 Black -Tailed Deer Odocoileus hemionus 44 72.61 Unidentifiable Artiodactyl Artiodactyla 24 6.11 Unidentifiable Mammals Mammalia 6498 763.22 Large Mammalia 525 200.87 Medium Mammalia 196 39.21 Small Mammalia 6816 456.78 Unidentifiable Vertebrate Vertebrata 57242 2572.68 Large Vertebrata 4001 629.36 Medium Vertebrata 668 109.60 Small Vertebrata 40060 1448.01 Total 165,690 9,374.47 67 Discussion Much of this study remains in progress because of the size and complexity of the data base. Two areas which have received the most analysis are the gross blostratigraphy and seasonality. These are presented in the following sections. Blostratlgraphy The density of vertebrate remains varies stratigraphically throughout the site. The spatial data for vertebrate distribution was calculated by each level per unit, and compared by excavation unit distribution. The result indicates that the distribution of vertebrate remains varies both vertically and horizontally throughout the site area. The variations imply occupation over a long period of time, with intermittent hiatuses. In addition, there is evidence of shifts in occupational loci during the occupation. The vertical distribution of the vertebrate remains indicates the regular occurrence of three to five distinct peaks in vertebrate specimen density over large arras of the site (stone artifact/debitage density seems to parallel the vertebrate distribution), beginning in the base of the midden and occurring about every 20 cm to ground surface. Appendix A shows these distributions. The periods of occupation are indicated by higher concentrations of specimens in some strata, which contrast with lower concentrations in adjacent strata Variations in the vertical distribution of the vertebrate remains imply that the site was intermittently occupied during the time that it was used Three areas of the site are generally homogenous in vertical specimen distributions. The center and north central part of the site contain the most dense clustering of specimens. This area has uniformly high numbers of specimens per level (often more than 1000 specimens per level) and lacks much numerical variation in specimen density per level. The stratigraphic distribution in this part of the site is typified by a density curve with two to three peaks, usually in the middle, or upper middle, levels of the midden. The major exception to this is Unit 32, in the western part of this area, which has five distinct peaks. The west central part of the site contained lower concentrations of bone, with more discernable variation within the stratigraphic column. In this area, three to five stratigraphic concentrations occur in most units, until the edges of the midden are approached and the specimen density diminishes to insignificant levels. The greater variation in the stratigraphic profile within this area probably reflects the same activity sequence as is seen in the central part of the site, but with less intense activity which resulted in less midden disturbance during the period of accretion. The third activity locus of ORA-64 that is stratigraphically distinct is the southeastern part of the site. The specimen densities in this area are far smaller than in the main part of the site. The vertebrate specimen distribution in the stratigraphic profile within this area contains three peaks of density. Presumably these indicate three main periods of occupation. Some of the inter -unit variations, particularly evident in the central/north central part of the midden, may be attributable to factors other than intermittent occupation, such as random variations in refuse distribution, and variations in natural ground surface levels relative to the arbitrary levels of the excavation units, but none could be specifically identified. The relatively even distribution of bone per level in the central levels of some units (e.g.- Figures 35, 37), may be partly the result of rodent burrowing activity. Extensive localized rodent activity can result in mixing of the midden, making it more homogeneous, and masking stratigraphic variations. However, there is no strong correlation between the remains of burrowing rodent species and units with indistinct profiles. Still there is evidence that rodent burrowing activity has had considerable impact on the site, but overall this past activity does not seem to have destroyed the stratigraphic integrity of the site. Instead a lower magnitude of mixing through bioturbation is indicated. This requires consideration when the stratigraphic distribution of artifacts and ecofacts are evaluated. The peaks of concentration are attributed to intermittent occupation. While the inter -unit variation in the number of peaks limits the certainty of the total number of occupational episodes, the inferred intermittent nature of the occupation remains. The occurrence of as many as five occupational episodes, based on the distribution of vertebrate remains, coincided with the apparent five periods of occupation implies by the radiocarbon dates from the site. The wide distribution of radiocarbon dates makes it unlikely that the stratigraphic distribution of the vertebrates reflects short-term occupational phenomena, such as periods of occupation and abandonment within an annual round cycle. It is more likely that, the peaks of concentration represent the aggregation of specimens over longer periods of occupation (perhaps with shorter episodes of occupation and abandonment included in them), spaced by extended periods of abandonment, or cyclical natural events (perhaps drought cycle flooding). The horizontal distribution of, specimens between excavation units indicates two depositional loci, with probable drift in the central area of each locus over time. One is within the central and west -central part of the midden, where specimen densities approach 1000 specimens per cu/m. The second locus is located in the southeastern part of the site, where specimen densities often approach, or exceed, 500 specimens per cu/m. Specimen densities from units between the two major loci fall to less than 100 specimens per cu/m. Outside the major loci, specimen densities drop-off quickly over distances of 20 to 40 meters, until the site edge is reached. Peripheral excavation units contained relatively few specimens. Vertebrate remains were absent in some peripheral units. The variation in horizontal distribution indicates one of several potential occupational occurrences: 1) that the horizontal locus of activity at the site shifted over time (following a Galtonian pattern); 2) that the site had several occupational loci simultaneously; or 3) that a combination of these circumstances occurred (both horizontal shifts overtime and multiple concurrently occupied loci during some periods). Since the site was occupied over a period as long as 5,000 years, it is likely that the site area being utilized at any one time was relatively small compared to the overall area of the midden as it existed at the time of study. Comparison of radiocarbon dates between stratigraphic concentrations, and between loci should clarify the issue. Seasonality The original study of ORA-64 included an analysis of seasonality. This was an attempt to determine whether the site was seasonally occupied, or was a sedentary village. At the time of the original study, most archaeologists believed that, during the Early and Middle Holocene, the southern California coast was occupied by peoples following an annualround based on some form of nomadism or restricted wandering. The inferences surrounding this perception were based on archaeological excavations at a limited number of sites that were typically described as seasonal camps, or limited occupation sites. This interpretation of the data was justifiable given the composition of the artifact assemblages from previous excavations, when compared with predictions about the composition of artifact assemblages from ethnographic analogy, and excavations of protohistoric and historic sites of different types. The initial study of the seasonality of ORA-64 was based on the residence patterns of migratory bird species recovered at the site. The study found that the portion of the midden located below the 30-40 cm level was apparently occupied during the winter. However, the species representation above the 30-40 cm level differed, implying a shift from a primarily Winter occupation to a mid -Spring to Fall occupation. This was predicated on differences in species representation and relative frequencies of representation, between the upper and lower strata. Also, it is unlikely that large species of waterfowl would have been selectively ignored if present in local habitats. The use of bird migratory patterns has since been criticized (Monks 1981) as a basis for seasonality analysis on various grounds, indicating a need for the judicious use of avian data in seasonality studies. The original ORA-64 study avoided most of -the pitfalls of such analysis by generalizing the interpretation of the data. Still animal behavior is subject to variation, and has limited practicality as a data base for archaeological research. The biostratigraphic analysis of the current study supports the occurrence of separate episodes of occupation, which could have occurred within a sequentially different context of the inhabitants annual round, or a significant shift in occupation or waterfowl hunting at the site. The original study did not identify the probability of multiple episodes of occupation below the 30-40 cm level, although the current study implies five or more periods of occupation. Two of these occur in the strata above the 40 cm level, and three below. The data recovered from the present study of the site has been used to examine the occupational shift described in the original study, and to determine if there were shifts in habitation sequencing between the different occupational events implied by the stratigraphie distribution of specimens. The most commonly represented species in the sample, and in most levels, are those which are typically most abundant along the southern California coast as residents. However, smaller birds, including shore birds, song birds and terrestrial species are relatively uncommon irrespective of their residence pattern. This implies selectivity in procurement, not linked to procurement or residence patterns. Moreover, relative abundance reflects the preference of the most common species in the assemblage for calm waters, as would have been found in Newport Bay adjacent to the site during the occupation. The stratigraphic distribution of the migratory bird species recovered during the present study indicates the need to revise the original interpretation of seasonality. Table 7 shows the seasonal representation of migratory species along the southern California coast. This was compared with the species present in the different occupational levels. The species representation in the midden occurring below the 40 cm level still implies that some bird hunting probably occurred during the winter months. However, the same may be said of the part of the midden above 40 cm. The differences between migratory bird species representation occurring in the upper and lower parts of the midden based on the original sample is an artifact of insufficient sample size. The present excavation has demonstrated that the number of avian species used at ORA-64 was a magnitude greater than implied by the original sample. The present sample still implies winter fowling from the site, but some species (e.g: murrelets) suggest summer or fall activity. Fortunately, there is additional evidence in the form of annular ring readings from fish otoliths now available to compliment the avian data. Twenty-five otoliths provided evidence of the seasonal pattern of fishing at ORA-64. In turn, this information is used to infer a minimal span of occupation at the site during the residents' annual round. Table 6 shows the annular readings of the otoliths calibrated to months, using the Huddleston technique of reading. All of the readings indicate a period of fishing activity during a period extending from the middle of May to early October ("Early to Late Summer"). The data imply that fishing activity at the site was limited to the Spring, Summer, and early Fall, and consequently probable occupation during the same period. Most of the otoliths are from the 60 to 100 cm levels. The otoliths from each level, or group of adjacent levels belonging to an occupational peak, include specimens with readings from "Early", "Middle", and "Late" categories on the summer ring. All of the seasonality data taken together imply occupation of ORA-64 throughout much of the year. Fishing seems to have been limited to the Spring through early Fall months, but the migratory waterfowl data suggest activity outside of that part of the year. The data can be interpreted in several ways. It is tempting to infer probable year-round occupation at the site, which may be true. However, other interpretations are possible. The annular ring data were read from "Summer" rings. If broadly interpreted, this is a demonstration of site use from Spring to Fall. The variations in ring thicknesses imply a broad span of time within this period. The bird data are not as easily interpreted. Most of the migratory species enter the area around the time that the fishing season seems to have ended, and exit the area about the time that the apparent fishing season begins. Additionally, the individuals of migratory bird species used at the site may have been stragglers, early arrivals or lay-overs (other explanations are possible). The data, might be construed to indicate concurrent fowling and fishing (early, late, or both), which indicates long mid- year occupation, but is no demonstration of year-round occupation. Have 71 ,, T Summary Research to date indicates that the inhabitants of ORA-64lived at the site during a major part of the year. This occurred either in a restricted wandering or sedentary pattern. If ORA-64 was occupied as part of axestricted wandering pattern, then it functioned as a village, which acted as the hub of fusion phase tribal activity. The faunal evidence is easily interpreted to indicate a sedentary pattern, and permanent occupation. ORA-64 contained the most numerous and diverse group of vertebrate species found at any early site along the southern California coast, and one of the most complex arrays known from an archaeological site in western North America. The species represented indicate that the fauna of Newport Bay was the principal source of'animal foods, and raw materials for manufacturing animal -based products. Terrestrial habitats were distinctly secondary. This is typical of the hunter -gatherer sites located around the bay (see I.angenwaiter 1981, Huddleston 1981, McKenzie 1981). A major difference not seen on the assemblages at nearby sites, that contributed to the focus on bay resources, was the use of waterfowl bone to manufacture beads. Thus far, ORA-64 seems to have been a regional center of bone bead manufacture, containing both manufacturing wastes, finished new beads, and well-worn beads. When compared with clustering of some other specimen types, such as shell beads and ceramic objects, it appears that there was craft specialization between major occupation sites from similar time periods within the region. This needs to be studied further. The stratigraphic complexity of ORA-64 is greater than once believed. This is demonstrated by the distribution of the vertebrate remains, and the radiocarbon dates. This complexity is permitting the study of dynamic change in the use of animal products at the -site, which is presently in -progress. 72 HAOr4a 14016C Common Name Scientific Name C cle J F MI A I M I J I J I A I S 1 O N I D Western Grebe Aechmayhoms occidentalis ++aa}a}w}+f Rerrf waaf warwar+aa------------- U----------- Eared Grebe Pmliccos nigricollie♦a+fa}}waf}}a7____________________________________+}a}++w+a }wawww w+}+aw Arctic loon Gavin nmka aff»+f»fa}}wwR!}}wwwwr++aa wl+______________________arww}awaaaraaa♦+}a Conmon loan gayinfillm rf wlfraf♦»aaaaaaaaw}swan+}ww----------- R----------- aaaawawr urns+al aaa Rcd-Throalcd Loon 9MAII ellatn ara+a}+x}wxxa:aaffff}frwa----------------- R_____________---_wana++aarrr Black -vented Shearwater Puffinus ufn linos ff Rf lffffff+fa}}}4_-__U-___ R _-U__RaRRff Rfwffl lfrart+s Canadian Goose Emmamnadencie xRaax}af}_____ --- Black Brant Rmntp bendclO }}sans}r}}a}wf of}»laf fe»a_________________________________aaaaaafaaaa Snow Goose cbmcxnlescen faw}f }f ff__ ___w: rffff of of Lesser Scoop Avlhva aRfnis wfffw}wfwlf rffaaraar+____ R __--aaar♦+Barrlar RedheadAv_-1__yi1nme_ricrma ra}}aa Rfwrf wer___________________________________________r}}waaa}www wfw Pintail Anna aladn axw aRaf ♦wrraaaaa-__---_ U _____a++}aa awa♦aa }wawrRxwr}waw++ xx RR a:ffafifffx-___-_ __-_xffaf xfffffwRs rffffaa AmenrnnWigeon Anasamericans R Northern Shoveler AnnsclMol as:+awff:ffaarrf+aa+aaa++a_______________________aa++fa}+!}wRwxfaRaaw}w Green Winged Teat Anal cretta +f rffra}ra xf }fff -----------j __:}xxRfffffaaa}aa+aaaaaaaa as Blue WingedTcal A= disen---- U---------------- U------------- R--- --------------- BuMchcad }f}xxxxrt}}f raxfff wf w----------------- +a+.aaa}aaaaia ulllenla vR------------------ Surf Scoter M bmilla Ilcapicdfghj ar}aa+}a afwrrrra rffffafwfr_______________________fsr}affa+aaa}waaa+a}a+ Bonapartes Gull lmu pbiladclphj3 farafff of+f aaaa}sans}aaaaaa+_________________________?aa affwwa aaRawrawR MwhIcd Godwit Limos o fcdaa xaRa+}RRwwarRwlar}aaf of♦a_____________w}aawfaaxawwwrrf www+}ffr}a♦}axa}+ Northern Fulmar Fulman, inl,e salsas+ae rf ar+a+aa+r+aax+__ .._!a}++}aarr+a+aar} Clapper Rail Ralllulonitim[Itis ----------------------------------------------------------------------- Common Munro llrla WIN wan}aa}aa}aawa l+w}af laf rf--------------- R____-_--_-______wa rwRR ww raw aaw Xtnllues Murrelet Endonlylum, hypolc.,rn_____________f ra a}a}aawafaaaaaaaaa+aa •aaa__----_-______________________ Cmvnlla Munelel Funny hamcmvnd 7-------- R-------- 4 Ancient Mumclet Symhlihnmmnhns anunn.e----------- R---------- 7 ?------------ R___-__-__- Osprey PandiOD hilinews ------------- U---- R R ---- U--------------------- Common Ricker i41apl a,n ➢hl% aaaaaaRrwawf ax+aaar___________________________________awaa+a+aaa art+++aw TABLE 7-- SEASONAL RESIDENCE PATTERNS FOR BIRD SPECIES, EXCLUSIVE OF RESIDENTS, IDENTIFIED AT ORA-64. DATA BASED ON MODERN PATTERNS IN THE REGION. RESIDENCE. PATTERNS ARE BASED ON COGSWELL (1977) AND UNITT (1984). *** -PRESENT AS RESIDENT, ABUNDANTTO COMMON. ----UNCOMMON TO RARE, BUT REGULARLY PRESENT ON SOUTHERN CALIFORNIA COAST 73 M4dta loz CIL NO. Scientific Name III Sc(ip wnmliya 1676 1723a ScripbampWit�K 1723b Seripbmpwitm 1723c llmboptmojdK 2050 SKIS WHI' s 2200_Sc(ybAm itns 3559a GCM= tru BneatuS 3559b Sclipw it K 3559c SclipwaLmlim 4008 Umbrim MarAdM 4577 RoncadDr slearnsi 4708 SuipwwpWillts 4948 Atheri vw ds caliRxniencic 4949 .SesjptuN palall 4950 5114a 5114b SWRIISILRAM 5117 &dpk%aQliw 5118b It , 5119 R 536 RQuMbEgalmd 837 1Imbop 913 SefiPbus pQljbu Residence Cvcle J I Fr A I M J J A S f O 1 N I D +++++++++ x rrwwx*+rw #++***#### x xxxwr+rxx **++#+#+*+#r +x+###### *+rwwrrww +#xxx#++++#r rr#xrxwwr x**rxrrx++ rw*r#x**rwr# #++#+#rr** txxrww*xwx #++++#++*+ #++#xrr+*r*r w++wxxw*++++ x xrxrrrrrx+w #rrr##rrr# rrr#+*rwxw TABLE 8— CALIBRATION OFSEASONALPERRNNCtf Y FOR ANNULAR READINGS OFOTOLMIS FOR ORA-64. Settlement Organization Like most Native American groups throughout California, the Gabrielino occupied primary village sites near creek and rivers or the coast for most of the year and traveled to smaller gathering sites within their territory to exploit resources as they became seasonally available. If a broad, highly productive resource base was within easy range of the primary village, the need for seasonal movement to gathering camps was reduced. In order to piece together information about the Gabrielino, one must often resort to data on closely related tribes who were better documented. Gabrielino society was so heavily impacted during the Mission Period, that much knowledge of their culture was lost. Therefore, while the Gabrielino were the dominant Shoshonean tribe in southern California, with the most highly developed economy, political organization, and religion, we must often refer to sources on the Luiseno, Cahuilla, Juanefio and others to reconstruct Gabrielino lifeways. The Luiseno, Juaneno, and Gabrielino shared a similar settlement pattern with autonomous groups living in a primary village and gathering resources available within a one -day range of the primary village. Each primary village may have contained from 50 to 200 individuals. Group members would also move seasonally to harvest acorns in the mountains, collect various grains and seeds in the hills or on the plains, or make short expeditions to,a fishing site or quarry area (Bean and Shipek 1978:551). According to Friar Geronimo Boscana (1846), inland groups moved seasonally more often than those located near the coast. The latter are suspected to have enjoyed a marine resource base with greater productivity and predictability for much of their perennial subsistence needs. The term "rancheria" has been used (see Koerper 1981:203) in southern California to describe central habitation sites and often the surrounding territory. The ethnohistoric village of Genga, mentioned above, is considered by recent research (Earle and O'Neil 1994a, 1994b) to have been the hub of a rancheria with a surrounding territory that included ORA-64. Bean and Shipek (1978:551) define the Luiseno settlement pattem as involving "sedentary and autonomous village groups, each with specific hunting, collecting, and fishing areas located in diverse ecological zones" usually along streams, valley bottoms, or along coastal strands. The rancheria arrangement included associated places for the procurement of resources which were identified with specific individuals or social groupings. Site types relevant to archaeological reconstruction include temporary campsites, hunting sites, trails, quarries, and gaming areas. Gamble (1985) has compiled a list of the attributes of structures noted in the ethnographic record for California. She observes the record to be relatively poor for the Gabrielino (1985:83). Costanso described houses more than 60 feet in diameter on Catalina Island (Bean and Smith 1978:542). If located near the ocean, the doors of the houses faced the ocean to avoid the (,t _ /, v, 75 northwesterly winds (Harrington 1942). The houses were circular in shape with domed roofs according to Harrington (1942:10). However, according to Martinez (cited in Blackburn 1963:23) the roofs were constructed of several poles joined at the top like a pyramid, and Ascension (1929:237) suggests that they were made like cabins on great, upright forked poles. The houses were constructed of large poles and the walls and ceiling were covered with mats made of tules, rushes, or cattails (Ascension 1929; Blackburn 1963) Tules, rushes, and cattails are freshwater marsh plants available in great abundance in upper Newport Bay. Costanso (1911) suggested that on Catalina Island, each house was occupied by three or four families or up to 50 individuals. It may be that houses in the Newport area were somewhat smaller and occupied by a single extended family (Ascension 1929; Bean and Smith 1978). The chiefs house was larger and taller according to Harrington (Blackburn 1963:24). In addition to houses, there were several other structure types in a typical Gabrleliiio village. There were small, semicircular, earth -covered sweatlodges used as a social center or clubhouse for adult males. There were also menstrual huts, small replicas of regular houses. Outdoor work areas sometimes had an open brush shade or ramada (Kroeber 1925:628). The most important structure in a village was the yuva'r, or ceremonial enclosure. This consisted of a large open-air oval enclosure made of wicker -woven willow. It was decorated with eagle, hawk, vulture and raven feathers, skins and flowers. Inside the enclosure were large ceremonial poles set into the ground and painted and decorated with feathers. Inside the yuva'r was a smaller inner enclosure where only shaman/priests, chiefs and other important old men were allowed. The yuva'r was•typically located near the chiefs house. Some villages had a practice yuva'r that was never consecrated and used as a rehearsal facility for ceremonies. Some discussion among archaeologists has focused on typological and social distinctions between inland and coastal rancherias with differences usually related to the localized resource base. It has been assumed that the coast was visited by residents of inland rancherias in winter or spring when food stores were becoming depleted inland (Koerper 1981:211). Ethnographic/ethnohistoric data is less complete regarding movements of coastal -based rancheria occupants inland, although it is likely that procurement forays would have been made seasonally or periodically for specific resources or other purposes. Archaeological studies in coastal Orange County over the last ten years have produced good data on settlement systems spanning the various cultural periods of prehistory. For the Millingstone horizon or early and middle Holocene settlement systems, the Newport Coast Archaeology Project (NCAP) included investigation of seven archaeology sites that were contemporaneous with ORA-64. These archaeology sites span 9500 to 4000 years before present. Each of the sites from the NCAP is situated along the coastal plain, resting on the first coastal terrace a short distance from the beach. Investigations conducted as part of the NCAP concluded that the sites were minor residential bases. Each of the sites is similarly configured, representing a focused marine resource procurement strategy typically associated with seed and small mammal procurement. The sites, however, are limited in their size and depth. None contained more than a couple of human burials, if any at all, and artifacts appeared generally focused toward food procurement behaviors. Beads and other artifacts of a social -ceremonial nature were rare orabsent. The contrast between the NCAP archaeology sites and ORA-64 are best viewed as components of a single settlement system. All of these sites span virtually identical time periods. The earliest occupations extended to 9500 years ago, while none of the sites was occupied after 4000 years ago. A major effort of the NCAP was the definition of settlement systems. The latter project analyzed over 40 archaeology sites spanning the late prehistoric to that early Holocene. Statistical analysis using correspondence analysis identified site types to include major residential bases, minor residential bases, and various types of limited activity sites. The inclusion of ORA-64 in the NCAP settlement system model would simply add one more site type. The designation of the site type could include any number of definitions that refer to extremely large, semi -permanent village sites. Functional Analysis of Site Features Determination of the function of ORA-64 does not require a tremendous amount of sophisticated statistical analysis. The presence of several hundred locations of human remains clearly argues that humans were buried within the village where domestic activities -- cooking, tool manufacture and maintenance, food preparation, processing, and consumption, and other behaviors of daily life -- occurred. The excavations at ORA-64 produced 772 features. Human bone fragments were found in 600 of these features, the remaining 172 features being comprised of rock concentrations that appear to have been cairns at one time. These cairns variously included fragments of ground stone tools, burnt rocks, and unmodified stone imported for no other reason than the construction of cairns. The association of the rock cairns with the human remains appears fairly strong. However, there are a fair number of cairns that arelocatedat a considerable distance from human remains and do not appear to have any association with them. In an attempt to clarify the functional categories of features at ORA-64, a spatial cluster analysis was conducted to assist in identifying spatial associations of features based simply on their proximity to each other. The results of this analysis show clearly that groups of human burials cluster together in some areas of the site, these groups also typically having an associated rock cairn in their midst. An example of this association is shown in Figure 25-Figure 30. These latter figures illustrate the association or grouping of the three features excavated individually and compiled in spatial analysis in the laboratory. When viewed in a larger spatial context, however, the association of the human burials as a group indicates clear association with a rock cairn. 77 MA� FIGum 25- MAP OF COMUINrb FuNrums 35, 266. Aw 268, ORA-64. �Vw FIGURE 27-- PHOTOGRAPH OF FEATURE 266, UNIT 1082, SHOWING SCANT HUMAN REMAINS. AO)Acwr TO GROUNI) STONE CAIRN IN FIGURE 20. GROUNI) STONE. 80 H464 W/\ Chronology Among the most significant recent archaeological research with regard to chronology in the local area is the Newport Coast Archaeological Project. After conducting excavation at 37 sites and obtaining some 41 AMS (Accelerator Mass Spectrometry) dates and 285 radiocarbon dates, Mason and Peterson [1994; cf. also Macko 1988)] offered a refinement of the traditional chronology for southern California. They noted temporal subdivisions within the Millingstone Horizon and the Late Prehistoric Period based solely on clustering in the frequency distribution of absolute dates. They were not able to discern changes in artifact styles or other material content during these subdivisions, however. Paleo-Coastal Period Prior to 8,000 BP Millingstone Horizon MS1 8000-5800 BP MS2 5800-4650 BP MS3 4650-3000 BP Late Prehistoric Period LP1 1350-650 BP LP2 650-200 BP Mom, tom• 81 This refinement of the cultural sequence for Orange County is the first modification of the culture history for the Orange County region since the publication of Warren's chronology (1968), Parallel developments in chronological sequences have been conducted for neighboring regions, such as the chronological sequence developed in reference to the cultural evolution of the Chumash (King 1981). Incorporating reference to the chronology of Chumash cultural evolution is surely appropriate, particularly since these two groups can be viewed as competing societies during the Late Prehistoric Period (King 198):326-328). Prior to the Late Prehistoric and Cabrielitio/Juaneiio occupation, however, Hokan speaking (proto-Chumash and proto-Yuman) populations are hypothe- sized to have inhabited the region from Santa Barbara to San Diego and beyond. Thus, it is entirely germane to compare Santa Barbara Channel assemblages older than 4000 years or so to those of Orange County dating to the same time period. Drover (1975) also described decorated ceramic figurines from the ORA-64, and it has been stated that the previous research effort by the various field classes, "...has been concentrated upon two general goals: 1) an attempt to determine the chronometric dating of the early ceramics currently known to exist only in the western portion of the site, and 2) investigation of the locational attributes of the site, especially the outer limits of the subsurface deposit (ARI 1977,175-176). 82 Ma, Irc. TART R 0-- AMC R AnTnrARRnM DATM FROM ORA-64 CAMS Cat It Description WeIgM (g) Unit LTop I LBot I Age I SW Dev 122802 ( 1Mytilus } OI 01 01 62401 60 20403 1 307.01; Chion a 6.37 I 1 701 801 43901 60, 204D4 1 1134.01}Chione 13.81 21 201 301 43401 60 2D406 } 1148.01(Chione ( 17.85 3` 20 30 526D1 50i 20405 i 1149.01 Argopecten 1 5.52 2 101 201 43901 60; 204DB 1 12161Chione ( 4.44 71 101 201 79DO1 601 20409 I 1962.011Protothaca } 3.51 61 101 201 90101 60l 20410 I 2154.01IChione 1.69 91 0 101 BBDD} 50; 20413 I 2155 Heliolis } 1.75 111 01 10 6040 so, 20411 f 2158.01 lChione 2.31 91 101 201 62101 601 20412 } 2166.01}Argopeclen ( 3.12 101 Ol 10 59801 sol 20414 ( 2278.01 jChione 22 381 301 40} 73601 60; 20407 1 28261MOlus 1 3.55 71 10} 201 77001 sot 2041 11 30SSIChione 1 3.6 64} 30; 401 49801 601 20416 1 3475.011Trvela 1 3.03 73j 601 701 86401 Sol 33402 3632(Myblus 7.85 550} Sol 90 61601 60� 22Sol 36321Mytilus ( 7.851 55; 801 901 77301 Sol } 3847.01 lHatiotis 4.41 961 701 801 B6701 60 43523 1 4684}Olivella bead } 0.4 51 t 601 701 8370 50; 43524 } 5325 Oltvella bead , 0.12 141 70 801 88401 so' 22800 72021Myolus } 3.54 101 701 80 62401 6W 33401 ( 7202 Mytilus 3.54 1071 701 80 61301 601 43525 1 130011011vella bead } 0.15 921 Bof 90 84001 Sot 334D3 156681Myti'us 38.72 10541 0 20 74701 60: 43276 1678018one 0.03 1749 101 20 4570 230t 42591 29847 Oltvella shell bead 0.38 18561 01 20 88701 50! 43626 1 33365,Olivella bead } 0.07 268 01 50 89501 sot 43527 36409 O1Wella bead O.OSI 5101 301 401 77301 SOS 43528 I 36849 Olivella bead } O.S11 105 801 901 85801 50; 43529 37980 Ofrvella bead 0.111 418) 60 701 86601 so; 37448 39254 My61us 0.98 1% 1001 1101 8700 60: 37449 1 39255 My81uS 0.52 156( 60 701 87701 60i 37460 39256 Myblus 0.32 156 801 90 82501 601 37461 } 392571Mytilus 0.16 16B) 301 40 86901 50 37452 392581Myblus 0.16 1681 901 100 87001 601 37453 } 392591Mytilus 026 158} 501 60 86901 Sot 37454 1 39260 My01us } 0.47 158( 701 80 87201 60 14353D ( 41896 Olivella bead } 0.33} 686} 40( 50 84901 50 43531 } 437971O6vella bead } 0.42 1893 701 80 76201 60 43532 } 453851olivelle bead 0.12 16501 10 50E 88501 60 43533 a603701w!la bead 0.07 16521 tot 50 83701 60 1 46038 0fivells bead 0.86} 16621 10, 50} NMI Sol E43534 SE" 466021O1(vella bead 102 17361 101 40 B680 50 Conducting archaeology requires the stringent control and measurement of numerous site and artifact attributes. Methods and techniques used to measure various attributes of archaeology sites are being refined and improved regularly, and "archaeometrics" comprises a separate and important realm of research in itself. The most common archaeological measure is the study of how old things are, or chronology. There are many other site attributes which require measurement in such manners that lead to inferences of human behavior, such as the functional analysis of artifacts and sites in which inferences are made about the exact use of an artifact or area in the overall subsistence and settlement systems of the people under study. Because archaeology is almost entirely done in the dirt, the study of soil formation processes and the dynamics of erosion and other weathering processes is critical to the ability to make inferences about site structure or integrity. Most importantly, the ability to measure particular site attributes strongly affects the ability to test certain hypotheses, and, the ability to test hypotheses is an important part of site significance, Obsidian Hydration Dating Obsidian was imported to Orange County by prehistoric peoples, presumably through a network of trade relations with inland peoples. The large obsidiansource amid the rhyolite domes of Sugarloaf Mountain in Inyo County near Independence appears to be the source of most obsidian artifacts found in Orange County. Koerper (1991) suggests that the great majority of very late trade in volcanic glass initiates from the Obsidian Butte source near the Salton Sea, and a minor amount came into the Orange County area from Casa Diablo located near Mono Lake (Koerper et al.1986; Ericson et al.1989, Ericson 1994a). Obsidian hydration dating shows great potential, but at this time interpreting the thickness of the hydration rind in terms of calendar years is problematic for southern California materials (Koerper et al.1986, Ericson 1994a). This is primarily due to the variation in the internal chemistry of obsidian sources. Refining this hydration rate for the various flows in the Coso area and Obsidian Butte is crucial for obsidian dating to live up to its potential in the southern California region. Several workers have proposed rates for these obsidian sources including Koerper et al. (1986), Ericson (1977), Meighan (1978), Friedman and Obradovich (1981), Drews and Elston (1983), Gilreath et al (1987), and Erlandson et al. (1987). Generally that means getting hydration measurements from specimens coming from contexts that can also be dated by C-14 methods. Once numerous cross -dated hydration measurements are available, then it is likely that more valid hydration rates for the various obsidian flows from the eastern Siena and Obsidian Butte can be developed. When Ericson (1994a) compared hydration measurements with radiocarbon dates at the Newport Coast Archaeological Project, he actually found a bimodal distribution, suggesting that older samples hydrated at a different rate than younger specimens. It may be that developing valid hydration curves for the various flows of the eastern Sierra Nevada may be a rather complicated process in which surface area of the artifact, soil pH and other factors will have to be considered (Ericson 1994a). Several archaeologists working in the Orange County area have attempted obsidian hydration age determinations (Chace 1981; Macko and Weil 1983; Schroth 1983, Ericson 1994a), Such studies are severely limited, however, due to lack of generally accepted calibration with 84 H _ 1, _1 1*114 absolute dates. The development of valid hydration rates for this material would allow a researcher to date an archaeological deposit with some confidence based simply upon a few obsidian hydration measurements alone. Of course, this would be invaluable, especially in cases where other methods of dating a deposit are not applicable, e.g., where no carbon for C-14 dating exists. An interesting phenomenon with regard to obsidian sources was noted by Ericson (1994a) in his research with the Newport Coast Archaeological Project. He found that for Late Period sites, obsidian from temporary camps was primarily from Obsidian Butte, while that from village sites was primarily from Coso. He suggests that the temporary camps were occupied by visitors to the area who had trade and social ties with the Salton Sea area and that the permanent residents, who occupied the villages, had ties to the Eastern Sierra. Seriation Studies Burial Lot Seriations In the Newporter North Project, a large number of radiocarbon dates were obtained to help determine which sites and activity areas within sites were contemporary (occupied at the same time) as part of the data necessary to reconstruct settlement and subsistence systems. However, these same radiocarbon dates can be employed to help establish stylistic artifact types as chronological indicators, building on the work of Koerper and Drover (1983). Among the most notable artifact categories which have stylistic attributes which change over time are projectile points and beads. Seriation studies of all kinds are based on the assumption that particular artifact styles occur in a series and flourish in different periods and fade in others. One objective is to associate radiocarbon dates with distinct morphological types. Given enough valid dates, this will eventually result in a relatively precise understanding of the time sensitivity of particular styles and types. A great deal of knowledge about the prehistory of southern California derives from studies conducted on various artifacts that change stylistically over time. One area where this seriation has proved very informative is in the case of burials. M�i �� • 85 r, CA-ORA-64 Distribution of Ceramics, .' Bone Beads, and Shell Beads • yd.: P •. Y•. n 1. Y • t,. y • `• . i ♦♦ r~ A Ceramic Artifact Z ■ Bone Bead Shell Bead o m �a a a we Ydn FIGURE 3 1 — D:STRUILMON OFCBRAMICS, SWILBEADS• AND BONG Brans, ORA•64. The vast majority of what is known for Santa Barbara Channel prehistory, for example, derives from the extensive study of mortuary practices and the grave goods associated with individual burials. The analysis of the Medea Creek Cemetery (King 1969) resulted in some of the most significant data on Chumash social and economic organization. For good reason, the analysis of human burials is an emotional, controversial subject. The benefit to be obtained from the analysis of human burials and associated mortuary offerings, however, cannot be matched by the analysis of any other remains. This is dud to the fact that an inhumation with associated offerings represents a wealth of data including ideological, social -structural, economic, and technological behaviors in addition to providing human biological or physiological data. The artifacts in association are particularly important in that they represent a time capsule of the artifacts used in the regulation of social and political structure of the society. As noted in the discussion of the Medea Creek cemetery, the analysis of mortuary offerings can enable the identification of how social stratification was designated within society. Additional inferences made from such analyses 86 M444 fl*Z • Mill include differentiation of occupation, division of labor, and degree of acquired versus inherited wealth. An initial exploration into burial lot seriation shows important distinctions in the association of particular bead type with burials (Figure 31). A simple plot of shell beads versus bone beads shows that the west core area has a greater frequency of a bead types (shell, bone, and stone) while more peripheral areas, including the east core area, contain mostly bone beads often to the exclusion of the other bead types. • �••� Bone Bead ' . Burial Location ��. •��.',.• '.+ •' .OIIVNIa Bead Ceramic Figurine FIGURE 32-- PLOTTED LOCATIONS OF BEADS, CERAMICS, AND LOCATIONS OF HUMAN BONE. Artifact Seriations Elementary to chronological studies in archaeology is the seriation of changing artifact forms along a scale of time, thus identifying particular artifact forms as temporally diagnostic. Artifacts used successfully in this regard are projectile points and beads and ornaments of various Mkl,�o, iti►G • 87 materials. These kinds of artifacts tend to exhibit stylistic differences over time, show regularity in form, and are relatively easy to identify. Many sites in the San Joaquin Hills give the appearance of containing single brief components, or discrete components, unlike many more complex sites nearer to Newport Bay such as CA-ORA-119A. These smaller. single component sites have been very useful in refining a temporal sequence and developing an understanding of the time -span of various distinctive artifact types. Thus, radiocarbon dates from a brief, single component site may offer tighter associations with particular artifact '" styles. These smaller sites may be well suited to improving the precision of standing chronological `+ i schemes. Shell Beads The seriation of shell bead types has been used with great success in the Santa Barbara Channel region. This has been based on the work of Bennyhoff and Hughes (1987) and refined by C. King (1981.1990). King examined collections from burials using the assumption that each burial lot represented a coeval collection. He was able to document the chronological order in which various styles of beads come into use in the Santa Barbara area The temporal information r Y` 64.43480 84-21101 0 1 cm a �=x3IXi6 nc.agrx� t� WOW Flouaa 33— OLivsuA BmUcArA WHOLE SHELL BEADS FROM ORA-64. resulting from bead seriation studies is valuable for backing up or refining information derived from other dating techniques (Bennyhoff and Heizer 1958). In Orange County beads are occasionally found but nowhere near the extent that has been documented for the Santa Barbara region or most other surrounding areas including the desert interior. As such there is little precedent for Orange County beads to provide a foundation for our work. WHOIFIGURE SHELL OU FLLAADS PROM Bead seriation was conducted for the Newport ORA-6 SHEIL $FADS FROM Coast Archaeological Project (also b C. Kin ), and while ORA•64. 8i .l Y g it was of general utility, most beads in the deposits were rather general forms or styles that were used for long periods. Therefore radiocarbon dates were still much more precise than were age estimates based 88 M46ka/ 11*4 on beads (Gibson and King 1994). Additional refinement is necessary of the temporal implications of beads found in Orange County. Though such beads were likely manufactured in Santa Barbara County, there specific applications as chronological indicators in I Orange County and farther afield has yet to be determined. The preliminary results of our initial explorations of the data indicate a situation similar to that encountered at the older Millingstone sites in the Newport Coast. ORA-64 also produced :r . A . I - 0 o � FIGURE 36-CONUS CALIFORNIANUS WHOLE SHELL BEADS FROM ORA- 64. very few types of beads, the majority (over 2000) being bone beads manufactured from birds and small mammals. Over 300 64:6677. o � shell beads were cm recovered throughout the deposits, but these LFROM 5-- OLivELLf were primarily of the BARREL BEADS simple whole -shell A-64. beads made from the Olivella shell. Stone beads were also encountered, but in much smaller numbers and typically in the forms of small discs and large tubular and globular beads. The use of shell beads and ornaments has a long history among Native Americans. Shell beads found in southern California archaeological sites typically exhibit little diversity in shape and material. The most common shell beads were made from the 011vella biplicata shell. Many studies over the years have identified the norther Channel Islands near Santa Barbara as the major J J production area for southern California shell beads. This J_ appears to be true for all time periods. 64-46338 64.29654 64-U126 The beads recovered from ORA-64 include six 0 = types. These types include simple beads made from the whole shells of Olivella biplicata, Conus califomianus, CM Olivella baetica, and Dentalium pretiosum. Additional bead forms include Olivella sp. barrel beads. The FIGURE 37-- DENTALIUM predominant use of whole shells from a few species of PREI?rIOSUM BEADS FROM ORA- gastropods or other shellfish indicates little diversity in 64. form. There is regularity in the size of Olivella sp. Mom, f4tc. �. 64.40=9 61- WM 64.22100 64.19W7 0 1 2 0M FIGURE 38-- CLAM ORNAMENTS (SAXWOMUS do MCA) MROM ORA- 64. whole shell beads. The range of whole shell beads is shown in Figure 33. Olivella barrel beads are shown in Figure 35. which indicates the size range of these beads. Other beads recovered from ORA-64 include a small number of finely ground, small clam beads, the majority being made from the pismo clam (Tivela stultorum). Additional shell artifacts include large diameter or irregularly shaped pieces of shell with evidence of perforation (Figure 38). While the variability in the form of shell beads is quite limited, there is some variation in the distribution of these artifacts at ORA-64. As mentioned briefly above in the discussion though the spatial distribution of artifacts and cereals, there appears to be a a a distinct bias in the location of different artifact forms, particularly shell beads, bone beads. and ceramic artifacts. It is clear that these artifacts were not used at all time periods. And 17.) they're certainly not in association with all human remains. Ina �++1n One attribute that occasionally occurs on the Olivella shell beads is the application of ochre and/or asphaltum. Of the 325 Olivella shell beads recovered, 59 (18.5%) exhibit ochre stains. Asphaltum appears as a coating on seven of the specimens (Figures 33-38). The chronological indicators shell beads typically µWA 144*0 would place the ORA-64 collection within the Early p t Period per Santa Barbara Channel chronologies. To obtain detailed chronological data from the ORA-64 cm sample, eight whole -shell beads were submitted to FICURr:39-77VELA Lawrence Livermore National Laboratory for AMS CTULNORUM (CLAN) Disc, YI.INn1ilt,ANl)TUHIi Br•.nos radiocarbon dates. The results are quite striking in that MOM ORA-64. all beads indicate ages in excess of 7700 to 8800 RYBP. The sample of shell beads was selected from features that 90 M,./,-, ("C included a relatively high diversity of artifactual remains, including ceramics, bone beads, and in most cases stone beads as well. Stratigraphic Studies Early excavations by ARI (1977) noted two distinct loci (Figure 3). Also suspected in the early test was the distinction of a break in deposits between 40 and 60cm and the perceived buried shell lense representing a Paleo-Coastal deposit in the southeast quadrant of the site. ARI suspected this latter break to mark a differentiation in deposits between the Paleo-Coastal Period and the Millingstone Horizon occupations. Soils analysis indicates that there is no buried shell lense at the site, but differential preservation of shell due to higher acidity in the upper levels and more basic soils in lower levels. Radiocarbon dates show numerous reversals throughout the site, and bioturbation is the Wile rather than the exception. Stone Tools (Jeffrey S. Couch) This document is a synthesis statement and overview of the stone tool (lithic) analysis conducted to date for the Newport Coast Archaeological Project, CA-ORA-64. Current working hypotheses and assemblage observations are also discussed. Work on this site is ongoing and data discussed in this document are subject to change. Stone Tool Technology In order to obtain a better understanding of prehistoric patterns of settlement and subsistence at CA-ORA-64, an examination of the stone (lithic) artifacts was undertaken. The artifacts were separated into the following analytic categories based on function and technology: • Cobble Tools • Chipped Stone Artifacts • Non -Flake Tools • Bifaces And Projectile Points • Other Flake Tools • Cores • Debitage • Ground Stone Artifacts • Multi -Use Artifacts Cobble tools include unshaped artifacts that are not modified by chipping or grinding prior to use. The primary members of this group are hammer stones. Chipped stone artifacts include the greatest number and diversity of stone tools. Included here are Non flake tools, which include chipped stone artifacts where the parental stone, not a flake removed from the 1,/ _ _ /, _, �' - 91 MA� parental mass, was utilized in some fashion. Non -flake tools include such artifact types as scraper planes. Though often made on flakes, b faces and projectile points are separated from other flake tools because of their potential as time markers, Also, these artifacts are highly patterned and undergo many stages of modification for various reasons. Therefore, each specimen yields a large quantity of information on prehistoric life ways more than most types of flake tool fragments. Otherflake tools include items such as scrapers, cutting tools, drills, and reamers. Cores are stones that have flakes systematically detached in order to produce tools from these flakes. Debitage is the common name, taken from the French for to debit, for waste produced during stone tool production. Cores and debitage are indicative of reduction and tool production technologies and strategies. Prehistoric stone -tool makers had several options for reducing stone to obtain desired tool forms. The tool to be made, the configuration of the parental mass, stone type, and other factors all help determine the technology employed. Ground stone artifacts are stone tools that are used and/or formed by grinding and/or abrading. Stones are often used for more than one purpose, such as a core used as a hammer and subsequently as a scraper plane for example. These stones are called multi -use artifacts. Tools like these are examined for patterns in use trajectories, and then they are examined in applicable categories for their individual uses. Thus, a stone used as a core and a hammer would be examined in both the core and the hammer sections. Analytical Approach: Assumptions And Limitations Several analytic approaches are currently used in the field of lithic analysis. These include functional, morphological, technological (including replicative systems), size, and weight analyses (Ahler 1989, Flemtiken 1981; Frison 1968; Wilmsen 1968). Each approach possesses certain advantages that may be useful for interpreting lithic artifact collections. However, none of these techniques is entirely adequate in and of itself as a source of data with which to adequately interpret prehistoric behavior. Functional analysis is based on sets of characteristics including use -wear (i.e., surface polish, rounding, striations, and chipping), shape of the working edge or face, morphology, and material utilized. Technological analysis is a method that will allow the examiner to determine the method of manufacture, raw material procurement strategies, and artifact function. As a result of functional and technological analyses, critical aspects of the subsistence behaviors of prehistoric peoples can be determined. This approach is described in many articles (Xerkes and Kardulias 1993; Titmus and Woods 1986; and Flenniken and Raymond 1986). Research conducted by Crabtree (1972), Flenniken (1985), Flenniken and Raymond (1986), Woods (1987,1988), Flenniken and Wilke (1989), Schroth (1994), and others provides a basis by which debitage and tools can be studied to reveal lithic reduction. Understanding the method by which an individual piece of chipping waste was created and its relation to the parent stone reveals reduction strategies, as well as the templates which guided the flint knapper, refer to (Binford and Binford 1969). 92 H _ _ I, & 1101C The size and weight of stone artifacts generally limit function and performance. For example, a large, more massive scraper may be indicative of heavy-duty shaping of material. This would be clearly a different activity than more delicate work performed by a small scraper. With respect to debitage and cores, replicative studies and analysis of many archaeological assemblages have shown that relative sizes of debitage and cores may indicate the size and form of the end product. On sites such as sparse lithic scatters, where no radiocarbon dates and no formal tools are found, the size of cores and debitage may have limited use in identifying the size of tools used, particularly projectile points. COBBLE TOOLS Hammer Stones Cobble tools are artifacts in which a stone is used unaltered. The best example of a cobble tool is a river cobble employed as a hammer. Two types of cobble tools are hammer stones and anvils. Hammer stones are unpattemed tools used for various blunt force tasks. They are identified by the battering and crushing wear, spontaneous flake detachment scars, and/or cortex removal evident on margins of planar surfaces. Hammer stones were used for such tasks as chipped stone tool production, hulling acorns and other nuts, ground stone tool production and maintenance, and crushing bones to extract marrow. Detailed laboratory analysis was not performed in this study to determine what materials the hammer stones were applied to or to determine their specific functions. However, some replicative studies have correlated particular hammer stone types with certain uses. Treganza and Valdivia (1955) replicated several ground stone items using hammer stones. They found that angular hammers were more effective in producing and maintaining ground stone. Schroth (1989), while replicating steatite artifacts, found that spherical hammers consistently broke and became angular. Similarly, Pritchard - Parker and Reid (1992) found during experiments that the edges of cobbles used to rejuvenate slick grinding surfaces continually broke and became angular. Angular and pointed hammers thus appear to be the most effective hammer stone type for ground stone tool production and maintenance, and thus theyare minimally inferred to represent such activity. Spherical, facial or facet, and disc hammers are inferred to represent chipped stone tool production. This is based on numerous replicative studies conducted by the author, other researchers, and on conversations with flint knapping enthusiasts. However, the type of battering found on many spherical hammers is indicative of a direct blow percussion (force delivered at a perpendicular or near perpendicular angle to the striking surface), such as would be used for hulling nuts, crushing bones, or manufacturing or reducing cores. Most hammers repeatedly used for removing flakes from cores will develop facets. At a minimum, areas of striations develop where the hammer delivered a glancing blow to the core. However, it has been noted that reduction of a single -platform, split -cobble core is most efficient with large, spherical hammers and their reduction results in battering, not faceting, of the used plane of the hammer. Hammer stones referred to here as bi-polar hammers are stones that exhibit well-defined battering, usually centered andona relatively flat face of a stone. Also included in this category are hammer stone spalls. These artifacts are flakes that are detached spontaneously from the hammer during use. Spalls may be useful in the identification of use patterns and, on some sites, may be the only remnant of hammer stone use. The attributes considered most important for differentiating hammers used for different tasks include angularity of the hammering edge or plane and the extent of visible battering. Hammer stone categories include angular, spherical, facial or faceted, pointed, disc, or any combination of the above. Hammers which exhibit differential use patterns (e.g. a hammer which is both angular and facial) are analyzed rather than in the multi -use category. This is Thus far, 1,031 hammer stones have been recovered from ORA-64 (Table 10). Table 10 breaks the hammer stones into four categories: angular, spherical, bi- polar, and spalls. Pointed hammers were incorporated in the angular group while facial and disk were grouped in the spherical category. The angular category represents 50.2% of the hammers. This indicates that a TABLE 10-- HAMMER STONE TYPES BY MATERIAL. massive quantity of ground stone implements were manufactured on site. The spherical group represents 47.1% of the hammers whereas bi-polar hammers only represent .9%. Chipped stone production is also confirmed with the presence of a considerable quantity of debitage. Ba-polar reduction is a widely used reduction strategy throughout the world. Also the method spans a considerable time frame. The method is -used more extensively in areas where the amount of suitable stone is low or where the stone is available in small pieces. The location 94 1,/ _ . /, a FAM of ORA-64, atop the Monterey formation, made tool stone procurement easy. Thus the need for bi-polar strategies was probably low. The majority of the hammers were made from hard stone such as: granite, quartz, quartzite, meta -sedimentary, and meta -volcanic. General observations show that the vast majority of the hammers exhibit an incipient cone cortex, indicative of procurement of the stones in creek and river beds or alluvial deposits. All of these materials can be procured locally with ease. Anvil Stones Anvil stones are unpatterned tools used for various blunt force tasks. They are stones that have at least one relatively flat surface that exhibits focused areas of battering, crushing, and cortex removal on planar surfaces. Anvil stones were used for such tasks as chipped stone tool production, hulling acoms and other nuts, and crushing bones to extract marrow. There are no topological studies published on this tool group. Without further detailed laboratory analysis, it is not possible to determine the material upon which any one hammer was used or even if it was utilized for one task exclusively. Only one anvil stone was recovered at ORA-64. Catalog number 2073 is made of an unspecified material. The fact that only one of these tools was found it is not surprising since anvils are often associated with bi-polar reduction activities. As noted in the Table 6, only nine bi-polar hammers were located. CHIPPED STONE ARTIFACTS With chipped stone artifacts material is either systematically detached from a core or parental mass in order to form tools from the detached flakes or the core itself is worked into a tool. To facilitate data presentation and discussion, chipped stone artifacts have been separated into discrete types based on the task for which the tool was utilized. Non -Flaked Tools Non -flaked tools are artifacts in which the parental mass, not a removed flake, was used as a tool. These tools are made from whole, split, or sectioned cobbles, and/or large flakes, distinguishing them from smaller flaked tools. These artifacts include such tools as scraper - planes and choppers. To facilitate data presentation and discussion, the non -flaked tools have been separated into discrete types based on the task for which the tool was used. Choppers Choppers are stone tools that are used to split or carve out wood. These tools are identified by battering, crushing, and spontaneous flake detachment on one or more margins. This damage is typically more robust than that of a scraper and is bifacial. M4d6loz. 95 Seventeen choppers have thus far been recovered from ORA-64 (Table 11). All of the artifacts were made from locally available hard stone. Meta -sedimentary stone was the preferred material (n=6). Projectile Points And Blfaces TABLE 11— CHoPPERsBY MATERIAL. The projectile points and bifaces include artifacts that are classified as diagnostic projectile points, point fragments, preforms, blanks, and biface fragments. These artifacts are often recognized as temporally significant, and they provide evidence of speck subsistence systems and reduction/production strategies. Artifacts of this type are made by detaching flakes on two opposite faces from parent mass via percussion flakin , resstue flaking. or both. MAT BNaces Arrow ,Point. Dad 'Point Prefotrn Blank We To tal % Basalt 2 1 3 2.7% -Rh olite 1 1 0.9% Quartz 4 7 11 10.0% Quartz Chivatal 1 1 0.9% Obsidian 4 7 1 12. 10.9% ,Chert Undif. 3 3 1 1 1 9, 8.2% Monterey, Chert 21 16 37 326% Piedra de Lumbra 3 3 ' 2.7% ChaMsdo 5 4 9 8.2% Siltstone 1 1 0.9% Shale 2 2' 1.8% Quartzite 4 4 17.3% J r 1 Meta- Sedimentary 1 3 1 .5: 41% Meta- Voloanic 1 1 4 1 7 6.4% Total 47 1 55 4 1, 211 n' 100.0% % 42�7 % 0.9% 50.0% 3.6% 0.9% 1.8 % .1.0 0.0 % TABLE 12— BIFACES, PRoIEcrIt.E PotNTs, AND KNIVES. 96 M"46 f#*4 • ORA-64 has thus far yielded l 10 artifacts assigned this category (Table 12). Dart points, though most specimens are fragmentary, make up 50.9% of the category while undifferentiated bifaces and biface fragments make up 42.7%. There are several general observations that can be made thus far concerning this tool group. These observations include the following. >:? A v � 1. r" f 64-10540 64-6907 64-13849 64-10539 64-266 0; W 2 W cm 64-8833 64-19715 64-12843 64-10545 FIGURE 40-- PROJECTILE POINTS AND BIFACES FROM ORA-64. Specimen 64-34912 has a concave base and may be a Pinto point made from a meta - volcanic stone. This point has a large facet on one face that is ground flat. The material is identical to that used to create large, curved ornaments such as 64-48366. This point may have been made on a fragment of one of these ornaments, or perhaps the point was made by first grinding out the preform and then flaking the point. This process was used in different industries around the world such as the production of Egyptian knives. Larger points in the collection tend to be of harder material such as meta -sedimentary stone. Pinto points are a large portion of the complete or near complete projectile point collection, which number approximately 10. There are three northern side notch points, two are made of identical white Monterey chert while the other is made of quartz. Other quartz specimens are Pinto points that are small and reworked. Catalog #19715 (Figure 40) is vein quartz and Pinto in configuration. This point is a good example of reworking via chevron flaking which Schroth (1994) discovered to be a product of in -haft reworking of dart points. Three points, including catalog #s 8833 and 10540 (jasper and fused shale respectively - Figure 40), make up a distinct group of tear -drop shaped points. It appears that the base of these points is a product of design rather than reworking. Another group are the heavily reworked, drill shaped points. These points have a contracting stem base moving up to laterally pointed barbs. These barbs then attenuate dramatically to a narrow, triangular blade. The most intact specimen of this group is 64-12843 (Figure 22). Another specimen with the same basal configuration is 64-10545, which is made of fused shale. The blade on this point, however, is a perfect triangle whose margins extend to the ends of the barbs. A more ambiguous grouping of Pinto types is that of the leaf shaped points. Some of these have a contracting stem quality to them but lack barbs. Specimen 64-266 (Figure 40), of Piedra de Lumbra chert, is a good example. Two other points are made of this chert type (64- 13849 and 64-6907); both are Pinto points. Four nearly complete bifaces made of obsidian were recovered. All four are very similar in morphology. They are leaf shaped, thick in cross section, and exhibit flake scars indicative of rejuvenation. Specimen 64-10544 may have been a projectile point at one time, however, the final use of this artifact was as a knife. One margin is abraded, dulled and rounded while striations and abrading, particularly on the arrises, extend from this margin on both faces. The material this knife was used on was most likely a hard organic material such as wood, The tool is broken through the mid -section and exhibits a bending fracture. This indicates a break during usage as opposed to manufacture (Titmus and Woods 1990). Artifact 64-10539 (Figure 40) is an ideal sample from a group of bifaces, all made of fine-grained basalt, which lack significant pressure flaking. These bifaces also have more rounded ends. Morphologically, they appear to possibly be knives, however, they lack use wear indicative of this function. One specimen, 64-25772, is a jasper dart point fragment that was used as a bi-polar core. Using dart and spear points as bi-polar cores is a fairly common practice in the Late Prehistoric period. However, no material from this period has been recovered from ORA-64. Conservation of this material was most likely the reason for the use as a core. 98 F'�% � i �� • Artifact 64-2569 is bifacially percussion flaked on one margin and may have been used as a saw. A similar artifact also identified as a saw was recovered from the nearby San Joaquin Hills. Crescentics Crescentics are a well known, early cultures index artifact (Moratto 1984; Warren 1984, Wallace 1955). They are flaked bifacially and are found in two or three primary shapes. The fast shape is basically a crescent, sometimes with small notches along the margins. The second is more circular in plan view, consists of one large primary notch, and has smaller notches around the margin (which are usually symmetrical). The third consists of animal -like shapes (Koerper 1990). Some researches believe these artifacts are magico/religious items and others believe are tools whose uses are as yet undetermined (Koerper, Newman, Langenwalter 1996). Fenenga (1987) examined several crescentics and noted polish on the arrises of the faces and on some of the margins. He points to this and asserts that they were some sort of tool. The three ORA-64 crescentics (64-7893, 64-8622, 64-10543) are all Type II in shape (Figure 41). They also each exhibit distinct arris polish. They do not, however, exhibit use wear on any of the margins. This arris polish looks strikingly similar to arris polish found on ceremonial bifaces recovered from the site. The polish on the faces of the crescents found at the site and those studied by Fenenga may be indicative of curation in a soft container. If these were tools, margin polish would be expected, but none was noted on any of the specimens. 64-10543 � m 64-8622 CM FIGURE 41-- CRESCENTIC ARTIFACTS FROM ORA-64. Three crescentics recovered from ORA-232, ORA-665, and ORA-667 located in the Hav, 99 nearby San Joaquin Hills exhibit less arris polish than the OPA-64 specimens. Five of the Orange County crescentics are made of meta -sedimentary stone and one is made of quartz. The three artifacts from the other sites are also of the Type II variety. Though these specimens lack wear patterns on their margins, there is another factor bolstering Fennaga's argument forthese artifacts being tools. This is the fact that none of the Orange County specimens discussed here are finely flaked. There is some pressure flaking observable on a couple of specimens, but basically the crescentics are percussion flaked bifaces that are shaped by notching. The notching is some cases was most likely completed via indirect percussion. If these were ceremonial items, why were they made from hard, ordinary materials with relatively coarse flaking? These questions as well as the nature of their presence in the early Milling Stone Period. and their disappearance in later times are all issues that beg further research. Burin and Microblade Technology Burin and microblade technologies are widespread geographically and temporally. The basic precept of both technologies is to prepare a core to detach a flake that is regular in shape. Typically, these flakes are long and thin. Burins are typically triangular or trapezoidal in cross section while blades are lenticular. 'Burins were often used as drills and needles around the world. Blades are typically placed in some type of instrument to provide a cutting edge. When the edge of the blades or the tip of the burin is used up, it can be replaced with ease. TABLE 13— BURIN AND MICROBLADE77:CHNOLOGIES. These artifacts are not a common constituent of archaeological assemblages in the western United States. Reports of their occurrence do exist from a few archaeological contexts and temporal settings. Evidence of these artifact types exists for the southern California region from the Pinto Basin (Schroth 1992) and from the Channel Islands (Arnold 1991). Microblade cores recovered from the Pinto Basin date to around 8000 BP. The northern Channel Islands microblade industry is much later in its development, 1000 BP. 100 Mom. Imo. ',.Material : .Drill . ' % ;.; • . Quatti 2 , :5.6%. :Obsidiari' 1 2.8% 'Monterey :Gherf 26 72.21 Chalcec!66:' 4 A1.1% 76W ; .36 .100:0 Gum CA-ORA-64 has thus far yielded 74 burins, burin spalls, microblades, and microblade cores (Table 13). Monterey chert comprises 74.3% of the material used for these artifacts. Microblades contribute 39.2% of the collection while microblade cores are at 32.4%. Ten crested blades (blades prepared on a blade core to start the blade removal sequence) were also recovered. Many of these cores seem advantageous in nature. In other words, the cores do not seem to undergo a TABLE 14-- DRILLS/ REAMERS BY tremendous amount of preparation. The cores, for MATERIAL. the most part, appear to have been made from pieces of stone that were already a shape conducive to blade production. This point calls into debate the fact of whether one can call these true blade cores and whether one can speak of them as being a "technology". The method of detachment is undoubtedly blade technology based on blade and core attributes. As well, the basic desire to create a regularly shaped and sized flake seems to be present. The quantity of these tools is low however, which makes one wonder if the inhabitants of the site were truly using composite tools that blades were a part of or if they were reducing stone for hand held cutting edge tools. Whatever the nature of this industry, it appears to be confined, at least within this region, to early cultures and it may be added to the index artifact list of early cultures artifact types. This group of artifacts needs further scrutiny due to the problem of temporal placement in the region, as well as the often ambiguous forms that the artifacts in this collection take. Flake Tools Flake tools are tools are made from flakes that are detached from a parental mass. Flakes may be produced for a specific tool or consequently during a reduction sequence. These tools are identified by their use wear and morphological characteristics. Some are shaped, or retouched, to particular forms that are usable in some functions but not others. Use wear observed under 7X and 30X , edge angle, and shape of the used edge are criteria that determine function. The method and definitions for use edge angle measurements are from Wiimsen (1972). Six main flake tool types have been defined: 1. Scrapers - Scrapers have primarily unifacial wear and edge modification on one or more margins. 2. Cutting Tools - This tool group has primarily bifacial wear and edge modification on one or more margins. 3. DrillinglReaming Tools - Use wear is around and on a tip or projection and a shaft. 4. Engraving Tools - Generally unifacial wear on a small (<I.Ocm.) edge that is often with a strong backing to prevent breakage. Mom- frc - 101 5. Utilized Flakes - Flakes show use wear of some type, however, the function of the tool is ambiguous. 6. Retouched Flakes - This group consists of flakes which show edge modification and shaping but no obvious use wear. Thus, the specific tool type is ambiguous. Edge Angle ._._. Usage 20-35 Cutting of meat and skin 35-45 Whittling 45-70 Skinning, hide scraping, heavy Cuttin 70-75 Wood and bone working from Wilmsen 1972 Thus far, ORA-64 has yielded 402 TABLE 15--EDGE ANGLES AND INDICATED uses. such tools. The two dominant groups are Material Tool gment s Ating cols Illzed, lake I raper I itouche d Flake itouche d &:aDer mver atal nifferentiated 3 1 4 I.OW Andesite 2 4 81.5 Ah oift 1 2 3' 0: Quartzi 1 5 71 4 17 4' Obsidiani 1 1 0. Chen` Undif. 2 3 2 7 t nttue Che 4 50 92 15 13 174 .3 Chalcedon 1 5 3 1 2 12 3 Shale Quartzite 1 19 44 1 2 2 69 7 Jas 1 1 2 0A Mica Shist 1 1 fl Slate 1 1 0 Meta- Sediments 2 2 13 40 2 3 62 5.4 eta Volcanic 7 34 1 42 0.4 Zatal 3 ti 108 234 23 24 2 402 % 0.7% 2.0% .9%58.2%, 3.7% 6A%'0.504' .OX CABLE 16-- FLAKE Tools. scrapers and utilized flakes at 58.2% and 26.9% respectively (Table 15). This would indicate that much daily manufacturing activities occurred on site. Reflecting the utilitarian nature of this tool set, 43.3% were made from Monterey chert,17.2% being quartzite,15A% being meta -sedimentary rock and 10.4% being meta -volcanic store. Future analysis will identify the use wear patterns on these tools as well as edge angles in order to identify the materials worked with these implements. 102 HAOd46 {rc • Cores Cores are parental masses of stone from which flakes were removed to produce flakes or flakes for tools. Core types are grouped primarily on the basis of reduction methodology. The primary groups are uni- and multi -directional cores, bifacial cores, and bi-polar cores. Some cores and core fragments could not be assigned to a particular group. These cores are reduced using direct or indirect percussion. Uni- and multi -directional cores commonly yield flakes suitable for a host of tool types. Bifacial cores are cores that are worked on two faces. These cores are different from "bifaces" in that they were used solely for the production of flakes for tools. Bifaces discussed in the biface section are a tool group in which the biface is the desired product. The method of manufacture may also differ between these two artifact types. Bifaces used solely for cores, for example, may be more consumptive of material during platform preparation in order to assure better flake form and detachment. This is in opposition to a biface in which margin material may be desired and conserved in order to maintain length width ratios and other morphological aspects. Bi-polar cores are unique in reduction methodology. They involve the placement of one end of the core on an anvil and the opposite end is struck with a hammer. What this method lacks in control of flake detachement, it makes up for in its yield of flat flakes and the knapper's ability to utilize small clasts that would otherwise be unworkable. The cores recovered vary in type, use trajectory, and tool type yield. (Table 16). A total of 573 cores has been identified thus far from ORA-64. The majority are unspecified cores and core fragments (72.4%). Multi -directional cores make up the second largest group with 13.1% of the total. Only six definitively bifacial cores were recovered. Bi-polar cores comprised 7.0% of the total. The majority of these cores (62.7%) are made from the locally available Monterey chert. The second highest represented material is quartzite at 11.0%. These two materials play an important role in local prehistory. Their ratios of usage in various sites varies across time. Such spatio-temporal variation may tie to important issues of settlement and subsistence change. The third and fourth positions are held by meta -sedimentary stone and and rock respectively. One core fragment of Piedra de Lumbra chert was recovered from the site. This material is found in the Piedra de Lumbra canyon on Camp Pendelton Marine Corps Base, northern San Diego County, California. This material is found in small amounts in sites spanning the prehistory of Orange County, usually projectile points and debitage. The recovery of this core may shed new light on this material's use and on the nature of trade in the region. Hav, 103 TABLE 17- CORE TYPES BY MATERIAL. Debitage Analysis Debitage is the detritus of lithic reduction. These artifacts are removed from a core or a flake in a systematic manner as a step of tool production. Debitage varies in appearance depending on how it was detached from the core. It is also known, through replication studios, how a core is modified when a particular flake type is removed. Thus the technology of lithic tool production can be identified through debitage analysis. ORA-64 has yielded thus far 425,228 pieces of debitage, At this stage, formal analysis has not yet been completed, and the debitage is still only in undifferentiated material groups. The only material group separated at this time is obsidian due to its value in reconstructing trade routes. Obsidian numbered 696 pieces. The quantity of debitage attests to a tremendous amount of tool production on the site. TECHNOLOGICAL DISCUSSION Based on primary observation of the debitage, cores, and formal tools from the site, it appears that stone tool production followed this path. Approximately 90% of the debitage appears to be of Monterey Formation chert, while 62.7% of cores are made from this material as well. Although ORA-64 lies atop a Monterey chert bed, the debitage does not appear to be 104 Mom. irc- largely comprised of primary or secondary reduction decortication flakes. The assumption is that chert was being extracted off site, most likely in the cliff exposures along the bay, decorticated at the quarry, and then brought to the site. Debitage that does exhibit cortex is dominated by geologic cortex with some incipient cone cortex. The later would indicate extraction from water transportation areas such as creeks, river beds, and alluvial fans. The tabular nature of this chert requires an ample amount of alternate flaking in order to make the core bifacial, thus accounting for the notable quantity of Monterey chert debitage at ORA-64. Also in high percentage are flakes that have a single facet on their platforms and unidirectional flake scar topography emanating from the direction of flake detachment, attributes indicating unidirectional core reduction. The cores support this interpretation. Some bi-polar reduction was also occurring but not in significant quantities. This is most likely due to the proximity to tool stone sources. This reduction method involves placing a core on an anvil stone, then striking the core with a hammer such that force is directed through the poles of the rock. This technique is quite effective for producing flakes from very small cores (note the dimensions of most bi-polar cores recovered from archaeological sites). This method is seen through the entire expanse of California_ prehistory, and was often thought to be a method of last resort, often performed in areas poor in tool stone. This is not the case however at ORA-64. As seen in this site, as in other sites in the region, bi-polar reduction is -occurring in areas of relatively good tool stone sources. What is perhaps a better explanatory approach to the bi-polar reduction question is the expedient nature of the method and the desire to conserve more valuable tool stone. A typical pattern discovered by the author in the Orange County coast region is the division of bi-polar debitage into two material groups, Monterey Formation chert and obsidian. The chert is used undoubtedly to produce tools from the abundant small natural nodules and the debris found at prehistoric sites. The obsidian however is traded from afar and is qualitatively superior to most locally available materials. Thus, the desire to conserve this material is great. Obsidian debitage is found overwhelmingly in the form of small, late stage pressure flakes, and pressure induced alternate flakes. This indicates that obsidian arrived to the area in finished or near finished form. Only pressure flaking to correct hafting elements, resharpening, and making repairs was conducted. This again shows the desire to conserve a valuable material. The debitage, cores and finished tools illustrate, with the exception of primary decortication, that the entire sequence of tool production and core reduction occurred at the site, most likely over a long period of time and/or many occupation episodes. Tools used in everyday tasks were recovered along with projectile points, knives, and bifaces in various stages of production. These findings lend considerable weight to the argument that the site was the location of a sizable village where domestic life was focused throughout much of the year. One of the most interesting findings concerns microblade and burin technology at the ORA- 64. Many of these cores do not seem to undergo a tremendous amount of preparation. The cores, for the most part, appear to have been made from pieces of stone, which prior to any reduction, had already been of shapes conducive to blade production. This point reveals the issue of whether one can call the true blade cores and whether one can speak of them as being a 105 "technology" at the site. The method of detachment is undoubtedly blade technology based on blade and core attributes. As well, the basic desire to create a regularly shaped and sized flake seems to be present. The quantity of these tools is low however, which makes one wonder if the inhabitants of the site were truly using composite tools in which blades were hafted or whether knappers were advantageously reducing stone for hand held cutting edge tools. Whatever the nature of this industry, it appears to be confined, at least within this region, to early cultures and may thus be added to the index artifact list of early artifact types. The occupants of ORA-64 had a diverse and abundant quantity of material for chipped stone tools and -used it in a variety of ways, With this in mind, the limited nature of the Milling Stone period presence and technological base in the area needs reexamination. One interesting hypothesis within the real of lithic studies is that technology was limited in diversity and that a heavy reliance on tools of quartz, as opposed to Monterey then:, existed and then switched in the Late Prehistoric Period (Mason 1992). GROUND STONE TOOLS Ground stone artifacts are divided into two categories, utilitarian and non -utilitarian. Utilitarian tools are those tools that are used for subsistence purposes such as seed processing. Examples of non -utilitarian ground stone include beads, discs, and cogged stones. Utifftarfan Ground Stone Utilitarian ground stone tools usually functioned in subsistence activities. Often, these tools are part of a complex (e.g., manos and metates), that is, they are used in conjunction with one another to perform tasks such as seed grinding and milling, crushing, or pulverizing. Various nuts, and perhaps small game (Yoke 1994), were an important food source in native populations. The task of processing these food items was often carried out using a milling stone (metate) and hand stones (mano) and/or mortars and pestles. Although these types of tools are usually associated with the processing of food items, ethnographic records indicate that bone, clay for pottery, and pigments for paint were also processed on such items (Gayton 1929; Korea 1925; Sparkman 1908; Spire 1978). Tools of this type are identified by the development of wear patterns created through the process of abrading stone on stone during usage. The repeated use typically results in the surfaces of stone becoming smooth or polished. When a grinding surface becomes too smooth, it may be necessary to peck or batter the surface to "sharpen" or roughen it, thus allowing it to grind efficiently again. They are often flaked, pecked, and ground into specific desirable shapes. Extensive shaping can be an indicator of a long-term occupation at a particular site. Unshaped tools are often spoken of as being expedient (Bleed 1990), whereas shaped tools require more time to manufacture and thus indicate the possibility of longer duration of site occupation. For purposes of analysis, artifacts in this category are divided into several artifact types (e.g., mans, metates, pestles, and mortars). 106 (AA,46 1014C• Manos Manos make up the hand held portion of the mano/metate tool complex. Attributes which are significant in the identification and classification of manos include lithic material, method of production, number of ground surfaces, outline, and cross section. The form of the mano, including convexity of the faces, may indicate the type of metate the mano was used with. Shaping of a mano may be a significant indicator of longer periods of occupation or the preference of one material type over another for grinding implements. During analytic studies recently conducted by the author, it was found that striations on the faces of manos, long believed to be a significant use wear element in the identification, of manos, are typically not present, at least on the well shaped manos at ORA-64. In fact, two types of ground stone items which consistently show striations are discs and stone balls. The current working hypothesis is that as grains are disengaged from they are ground down to make a fine that erases striations caused by the larger grains. The concavity of the metate serves as a receptacle to contain this fine powder. In the shaping of discs and stone balls however, relative flatness of the surfaces of the abrading stone is less likely to retain the fine powder. .. - MEMO MWITC E Bail M•. �O Mull 1 �6%Ii7�c#�i D•r1 Mk1i1W#T@TA 11=i WMTA �e MM. - E . WMrIM. UIM ME M M M. NLTMNM. EMrI71'. lieRiTT ".. CL'='' A very impressive quantity of manos and mano fragments was recovered form ORA-64 (Table 18). These 2864 specimens are predominately sandstone (56.7%), granite (19.6%), and Glaucophane schist (16.1%). These material ratios are slightly different than those of metates at the site in which sandstone comprises 70.4% of the collection with glaucophane schist at 19A%. This variation in material composition between these two artifact groups may be due to the fact that large sandstone and glaucophane schist slabs suitable for metate manufacture are locally available and relatively ease to shape. Pieces of granite big enough for metates may involve a longer and less energetically efficient transport distance. On the other hand, mano sized granite stones are quite abundant in the area. Thus, granite would'be used in greater quantities. The other argument is that the variation in metate and mano material ratios is an intentional TABLE 18- MANOS BY product of decision making which may have involved issues MAMML. revolving around the interaction of granite and sandstone or schist. Perhaps as well, granite manos were more desired because they would last longer than other materials when used in this capacity. Given that the overwhelming majority of manos are shaped, perhaps a preference for tool longevity was a factor in material usage decisions. Manos are quite variable in form and size. They can be very large (commonly known as "two handed manos") to small (approximately 5cm in diameter). The smaller manos may have been used as pigment or medicine grinders. Manos and metates are split between burnt and non- H 4 _i 107 burnt categories. More manos were found complete than metates (34.8%). This may be due to the smaller size of manos. With so many complete mans, one must wonder why they were discarded. To the observer they appear to be in usable shape. Whatever the reason for final discard, it would appear that many of these ground stone tools were used after discard in fire hearths or rock cairns. metates The metate is the larger, stationary member of the mano/metate tool complex. Metates have flat to strongly concave working surfaces. During the historic period, the Luisefio, neighbors to the Gabrieleno, utilized metates for the processing of small fauna as well as a variety of plant materials (Sparkman 1908). Robert Xohe and his colleagues (1991) recently demonstrated the presence of small fauna blood residue on ground stone implements in both the California desert and coastal regions. Although Blood -Protein Residue Analysis is still experimental, it may lend further credence to ethnographic accounts. The basin type of metates may be important in determining the vegetable matter processed by particular metate forms (Schroth 1994). Kowta (1969) suggests that flat slabs may have been used to process fibers. He associated shallow basins with processing hard seeds, and he believed deep basins were used for more fatty products. 108 NA646 1401C • MM, Material Shallow Slab -';"Deep 'Metate ' Total',' :Basin Basin-: 'Undif.' :Undifferentiat ed Basalt 6 , :".:6 .. 0:5%° ;. Granite' 2 1 1 94 ' ;98' i _ 7.6% Sandstone' 21 6 12 873 912'7,0:4'/a r 5iltstone' 1 10, -1-1 ' :01% Undif: 1 1; " ;0 0% 1,metambrOhic '.;Quailz:Schist Claucophang 4 12 1 235 . .252; ! Schist "Mica Schist 2 ':"Mew9 .Meta -Volcanic ?I otal 28 1234! : 129fi: �1'0010 =' %' ;' 2e2% '1.3�/0 < l.1%;''., , a5.2% 100i0 1 ' . "" . •` %o TABLE 19-- METATES BY MATERIAL. CA-ORA-64 has thus far yielded 1296 metates and/or metate fragments (Table 17). The overwhelming majority of these artifacts are undifferentiated metate fragments. However, the complete metates span the range in morphological traits; including basin type. This shatters the notion that deep basin metates are a Late Prehistoric period phenomenon. This would also indicate seeds and possibly animal foods were processed. Sandstone was the preferred material for metates (70.4% ) with Glaucophane schist as the second choice (19.4%). The metate specimens are evenly divided between being burnt and unburned. This may be an artifact of metate usage, after breakage as fire hearth stones. This is supported by the fact that only 13.3% of the specimens are complete. Pestle Pestles are the hand held portion of the pestle/mortar tool complex. Shaping of a pestle is a very time consuming task. Pestles are thus often kept by the owner as he/she moves from location to location. Pestles and mortars make their introduction into the California archaeological record during the end of the Milling Stone Period around 3,000 BP and are most often associated with the production of acorn products. Hav,- 109 4, Thus far, no pestles have been recovered from the site. This fact reinforces the radiocarbon, projectile point, and non -utilitarian ground stone data that points to a Paleo-Coastal/Milling Stone affiliation for the site. Mortars and Bowls Mortars and bowls are found on many archaeological sites in the region. Typically, mortars are found in conduction with pestles while bowls seem to have a more wide spread temporal distribution. Mortars are differentiated from bowls in very subtle ways including depression shape and depth. This artifact type needs much more investigation and typological consideration. Thirteen bowls were recovered from ORA-64. The majority of which (n=8) are sandstone, two are granite, two are glaucophane schist, and one is siltstone. The bowls very in size but none are of the large "flower pot" style. None of the bowls have pronounced rims. Abraders Abraders are a category of tool that, as determined primarily through use wear analysis, was used to score, roughen, or grind the surface of another item. Included in this category are artifacts typically called polishing stones. The same mechanical process is involved in tool function except this tool is used to poll another surface. Material Tota I % Granite 3 3.6% Quartz 1 1.2% Monte Cheat 1 1.2% Sandstone 9 10.7% Sittstone 2 2.4% Quartzite 30 35.7% Giaucophane h1st 1 1.2% Meta- Sodimantary 20 23.8% Meta -Volcanic 17 20.20/6 Total 84 100.0 TABLE20- ABRADER TOOLS BY MATERIAL. 110 Eighty-four abrader tools have been recovered thus far (Table 18). Hard lithic material (quartzite, meta -sedimentary, and meta -volcanic are the dominant material (79.7%). The most prevalent use wear pattern noted on these tools is typically one or more obtuse angled margins or arrises that exhibit a high degree of polish often with striations. This type of use wear on a hard stone and on an obtuse angled margin indicates use against a near equally hard surface. One theory for the presence of these tools on the site and in such quantities is that they were used in the production of the many non -utilitarian ground stone artifacts (i.e. disc, stone balls, etc.) found on the site. ORA-64 is unrivaled in it quantity of these artifacts. Thus, a high number of such tools would be expected. This also indicates that production of these tools was performed on site. Mom, il4c - M/V\ Net Weights Net weights are common artifacts in coastal archaeological sites. ORA-64 has yielded three such artifacts; one each of granite, quartz schist, and glaucophane schist. Specimen 64- 21189 is the glaucophane schist specimen and is typical of net weights from the region. The specimen is ovate, pecked, and only slightly ground. The primary distinguishing feature is a groove that is pecked around the entire specimen. The groove is only approximately 3mm in depth. The quantity of fish remains found on the site attests to a significant fishing economy in which nets may have played a significant role. Non -Utilitarian Ground Stone Non -utilitarian ground stone consists of many artifact types; discs, cogged stones, beads, omaments, etc. They are shaped and produced in a variety of ways and through various stages. No two types in this category are produced the same. Thus, it is necessary to discuss each type separately, derive type specific production methods, and generate more broadly reaching theories on the group as a whole. Stone Discs, Stone Balls, And Cogged Stones Stone discs, stone balls, and cogged stones are an odd, intriguing group of artifacts that have a very particular place in California prehistory. These three artifact types are all circular in cross-section. However, stone balls are perfectly or near perfectly round. Discs have two opposing faces of various diameters (the "classic' disc looks like a large hockey puck), while cogged stones look like discs except for grooves on the side of circumference of the artifact that gives them the appearance of a gear. Cogged stones are also often perforated in the center. Knowledge about the function and cultural setting of this group of artifacts is unfortunately lacking. It is well established that these artifacts occur in the Paleo-Indian and Milling Stone Period. What is not known however, is why some sites from this time period have them and others do not. As well, some sites may only have one or the other while others have all types. Material differentiation is often noted particularly with respect to cogged stones. The predominant material for cogged stones by far is vesicular basalt, most likely emanating from the El Modena Formation in the Santa Ana Mountains and San Joaquin Hills. Mater lai Cogged Stone Disc ld Spher old Preform Discold TotalJ0.4% 110 2 3 5 120 1 1 2; 130 2 2 4' 140 893 25 4 922 88.8 170 2 2 4 0.4% 191' 0 0.0% 212 1 1 10.'0% 240 16 6 22 2.1 % 249 1 1 ' M 270 11 2 2 15 '1.4% 311 11 11l 1.1% 312 1 1 0.0% 322 22 20 2 44 4.2% 323 1 4 1 6 0.&% Total 2 962 65 9 1038100.0 % F 0.2% 92.7 % 6.3% 0.9% 100.0 % No use -wear patterns indicative of some specific function are present on them. As well, many of the discs from ORA-64 were damaged, often rather severely, during the manufacturing process. After the damage was incurred, which typically involved detaching a large flake from one of the faces during shaping of the edges, attempts were made to recover the error. "These recovery methods included pecking of the arrises TABLE 21.. STONE Discs, STONE BAus, AND c000ED sTONs. of the flake sear, grinding, or both. Occasionally, the recovery was complete. The only way one could see that that type of damage had occurred is that there is a marked aspect change on the face where the damage had occurred. 112 H464Q, i'1* Nw� 0.s F 0.6 0 0.7 0 0.6 Y � 0.5 z =i 0.4 ttC t 0.3 'c 0.2 d 0.1 0 0 1 2 3 4 5 6 7 Discoidal Types RGURE 42-- CHART OF STONE DISC THICKNESSMIAMETER RATIOS BY STONE DISC TYPE. ; 93.6%are discs. Of this amount, 0.9% may be disc preforms. There are 65 stone balls and two cogged stones (Table 19). The discs range significantly in size, face diameter, and thickness ratios. m `, _ /, v, f 0;01'C . 113 Discs recovered were grouped into 7 types based on 42 analyzed discs. Each type is based on the thickness/diameter (T/D) ratio (Figure 42), face diameter (Figure 43) to diameter ratio, and the presence/absents of a "band", the latter being a polish around the circumference of the artifact. Type #1 discs are near round with typically small -diameter faces. Type #2 is the same as #1 but with a band. Type #3 is more the typical disc shape that is not as thick as the other two types. An average thickness/diameter ratio would be around 0.65. Type 4Ws are the same as #3's but with a band. The type #5's have a T/D rado that is around 0.33 and the #6 has a band. Type #7's have the same T/D ratio as #5's and #6's however, the type #7's have a squared circumference as opposed to the typical rounded circumference. Type #3 and #5 discs are the most numerous at 15 artifacts each (Figure 44). �i 14 12 S i 10 1 � a a � k 4 p 2 1 a 0 Type 1 Typf 2 Type 3 Type 4 Type S Type a Type 7 I [NuW" Type M d Rmn 44- FREQUENCY OF STONE DISCS BY TYPE. Discs have been found at a number of sites from this time period in the region. However, the CA-ORA-64 specimens are unique in many respects. The sheer number of specimens is unheard of in the region as well as the extremely large size of some of the specimens, the variation in size, and the presence of discs that have been damaged during manufacture. Many have traces of red ochre or hematite powder. Some also have traces of asphaltum. The practice of putting pigments on items is not unusual in and of itself. What is unusual however is the fmding of pigment on this particular artifact type. The discs may have been magico/religious items that were placed in the site with the interments. Like the biface caches from the site, the majority of these items were not found in direct association with any burials. 114 MAOd4a 111r4c • 120 100 so n40 T" N y}f 20tt ,4D 0 20 6D 80. 100 120 Sheroldal Diameter 1 g IFIGURE 45-- STONE BALL DIAMETERS MEASURED ON TWO PERPENDICULAR PLANES - Stone balls number 65 in the collection of which 22 have been analyzed. These balls average 70 to 75mm in diameter and are usually very regular (Figure 45). As with the discs the function of these artifacts is unknown. Like the discs, these artifacts are occasionally found at early sites in the region dating to this time period. Also like the discs, the sheer number of specimens is unheard of in the region as well as the extremely large size of some of the specimens. None of the stone balls seem to have been recovered with damage of any type. Many are also covered in red ochre or hematite.powder, or asphaltum. The role of these artifacts is most likely the same as the discs. The entire range of spheres however seems to be more limited than the discs.. The last artifact in this group, cogged stones, are particularly sparse at ORA-64. Two were recovered from ORA-64. Both are small in comparison to most cogged stones and not well made. One is perforated with seven "cogs" while the other has divots pecked in both sides but is not perforated, is not perfectly circular and has poorly developed cogs. Both are made from vesicular basalt from the El Modena Formation. Discs and stone balls were made predominately from hard stone with granite accounting for the greatest portion at 88.8%. The reason for these artifacts being made from nearly exclusively hard stone, when a softer stone would -take much less effort to form is a question requiring further investigation. Multi -Use Tools Multi -use tools are artifacts that have been used for more than one purpose. Most stone artifacts have built in versatility and are often used for more than one purpose (a core used as a Maa, %c. 115 hammer then as a scraper plane for example. Material Total % Andesite 2 0.6% Basalt 2 0.6% Granite 69 22.2% Quartz 10 3.2% Monterey Chert 13 4.2% Chalcedon 3 1.0% Sandstone 17 5.5% Quartzite 77 24.8% Jasper 3 1.0% Glaucophane Shist 6 1.9% Meta-, Sedimentary 85 27.3% 'Meta- Volcanic 24 7.7% Total 311 100.0% TABLE 22-- MUL'n-USE TOOLS. CA-ORA-64 has yielded thus far 311 of these tools (Table 20). The majority of them (93.9%) are of hard material such as granite and quartzite. The majority of the tools are of combination hammer stone and some other tool type. Another common set of attributes found on these tools is that of an abrader. Typically, one or more obtuse angled margins or arrises exhibit a high degree of polish often with striations. This type of use wear on a hard stone and on an obtuse angled margin indicates use against a near equally hard surface. One theory for the presence of these tools on the site and in such quantities is that they were used in the production of the many non -utilitarian ground stone artifacts (i.e. discs, stone balls, etc.) found on the site. ORA-64 is unrivaled in its quantity of these artifacts. Thus, a high number of such tools would be expected. This also indicates that production of these tools was performed on site. Trade and Raw Material Procurement All the lithic material utilized at ORA-64 is locally available except for Piedra de Lumbra chert, obsidian, fused shale, hematite and perhaps the "red bead stone' material. Quartz, quartzite, and meta-voleanics originating from the Santiago Peak Formation (Fife et. al 1967), meta -sedimentary, graywacke, quartz and quartzite stones originating from the Bedford Canyon Formation, and granitic materials from the Santa Ana batholith can be procured in creek beds and major drainages that originate in the Santa Ana Mountains. Glaucophane, mica, and chlorite schist, is obtained a short distance down the coast in the Laguna area within the San Onofre Breccia Formation. Quartz schists are found in contact metamorphic zones with in the San Joaquin Hills, Santa Ana Mountains, and in creek beds and alluviums emanating from these areas. Monterey Formation chert, chalcedony, shale, and concretions can be found all along the coast in outcrops of the Monterey Formation. Sandstone and siltstone can be obtained in the San Joaquin Hills from exposures of the Topanga Formation. The cortex verses material type is typical of this region. Monterey Formation cherts and chalcedonies show most strongly in the geologic cortex category (the entire region sets upon this formation and it is exposed in many places) while quartz, meta -sedimentary and meta -volcanic stones exhibit incipient cone cortex. This indicates water transport in streams and during flood episodes. These cortex types indicate a probable combination of advantageous and source specific procurement methodology. As expected none of the traded or distantly obtained material, such as obsidian, has any cortex remaining. 116 N' '/, 6 144 i • As expected for material traded from considerable distance, the obsidian and Piedra de Lumbra chert debitage suggests that only finished tools or preforms were traded into the area. This is evidenced by the fact that both the obsidian and Piedra de Lumbra debitage is comprised primarily of late stage pressure induced bifacial thinning flakes, and pressure induced alternate flakes. These flake types indicate that point production and repair were the primary reduction activities while material conservation was a concern. Excavation yielded several pieces of jasper debitage. This material is found locally (Koerper and Fife 1985). Several beads found during excavation were made from talc schist (steatite), most likely from Santa Catalina Island. Based on XRF analysis conducted by Geochemical Research Laboratories (Hughes 1997) and visual inspection, the obsidian in this assemblage is from the Coso Range, Inyo County, California. This trade pattern for obsidian is well known during early prehistoric times. While the identification of source on the basis of visual characteristics is generally a less than optimal technique for obsidian, the Coso source does happen to be visually distinctive and relatively easy to differentiate. In coastal southern California, Ericson (1994c, .1977, 1970) has suggested that there was a decline in the trade of Mono Basin -Long Valley-Coso obsidian and a concomitant increase in the frequency of Obsidian Butte obsidian beginning after 2000 BP and extending through the Late Prehistoric Period. For example, Obsidian Butte is the source of all known obsidian Cottonwood Series projectile points (Ericson 1994c, 1989). Accepting this hypotheses in conjunction with the debitage data would strongly indicate that this site dates older than 2000BP. Piedra de Lumbra chert is quite visually distinctive and easy to identify from other materials. At present, the only known source of Piedra de Lumbra chert is in Piedra de Lumbm Canyon, Camp Pendlelton Marine Corps Base, San Diego County, California, approximately 70 miles south (Pigniolo 1994, 1992). This material was traded throughout prehistoric times to the region. Previous investigations undertaken by Macko, Inc. at sites such as nearby at CA-ORA- 170, an Intermediate period. site, CA-ORA-930 and CA-ORA-1070, both Milling Stone sites, and numerous Late Prehistoric sites in the San Joaquin Hills show that the usage pattern of this material is similar to that of obsidian. This may indicate a high value to the material even though Pigniolo (1992) states that this chert, which is actually a.silicified volcanic tuff, is.similar in workability to a tough chert, with moderate response to heat treatment and prone to many hairline fractures. Piedra de Lumbra chert has a tendency to shatter, which may preclude large cores from being produced and transported beyond the immediate source area. The only known source of fused shale in the region is from Grimes Canyon located in Ventura County, California, some 150 miles to the north of ORA-64. i 14*4 • 117 THE THIRD NATIONAL JAMBOREE By: Henry C. Koerper Introduction Until the fanfare attending the opening of Disneyland in Anaheim, the largest single media event to direct a national spotlight on Orange County occurred on, Irvine Ranch property at Newport Bay. There, the 1953 Third National Jamboree drew an estimated 45,000 plus Boy Scouts (Figure 46) representing all 48 states, three territories (Alaska, Hawaii, and Puerto Rico), and over twenty foreign nations. The two week encampment (Figure 47) was well documented by reporters from the Orange County Register. Publications of the Boy Scouts of America and a film produced by one-time Hollywood hoofer and later United States Senator George Murphy provide additional documentation. 118 MAe4a 14oric 0 The fortnight gathering of the youths and their sponsors took place four and a half decades ago, yet the event is not beyond the purview of this study. Jamboree activities did leave an archaeological record at CA-Ora-64. Boy Scout artifacts recovered from the site by a California State College (Fullerton) archaeology field class (Figure 49 and Figure 48) (see also Drover, Koerper, and Langenwalter 1983:21) are easily distinguished from prehistoric residuum, but the campers did leave some items that could have been misattributed to older site FIGURE48-- SouvENrR occupations. For instance, a fist sized modified chunk of MEDALLION WHICH obsidian collected at surface level resembled an ancient SUMMARIZES THE C core (Figure 50). Upon analysis, the artifact yielded no IDEOLOGICAL PURPOSE OF THE hydration reading that would indicate any antiquity, and its 3 THIRD NATIONAL JAMBOREE chemical fingerprint bore no resemblance to the chemistry ` for any volcanic glass source known to California archaeology (Koerper et al. 1986:44, 66). The M4646 i • 119 W/\ specimen was categorized, half facetiously, as a "boyscoutifact." Interestingly, one surface find and suspected "boyscoutifact," a globular bead- like object expertly crafted of hard, green mudstone, turned out to be of great antiquity. Although reminiscent of a modern macrame decoration (Figure 51b), temporal placement to the prehistoric period became certain when an artifact similar in form and material (Figure 5la) was exhumed at CA-0ra-378 (Koerper and Singer 1988). Additional finds from Ora-64 further identify the genre as a distinct prehistoric type. Recently excavated Ora-64 lithic remains indicate that the scouts were involved in knapping stone and glass (Figure 52) to replicate projectile points, specifically those of Native American cultures. Indeed, one of the listed scout activities was "arrowhead making." Another section of the Ora-64 report discusses the challenge for project analysts to separate the results of the modem tool manufacture from those of prehistoric knapping activities. An understanding of the American antecedents to the Boy Scout movement will help to explain why scouts at Newport Bay were experimenting with stone technology and also why some boys may have been engaged in doing Indian c bead work. One modern i glass bead of the type popularly used in the 1950s for making "Indian belts" was found during the 1 s s excavations. Discussion of those historical' circumstances to explain the connections to Indian FIGURE50-OSSImtANCHUNK TRANSYORTEn70CA-0RA-64IN1953. culture will follow notes beating on the historical setting of the Third National Jamboree and notes covering the activities occurring at the two 120 M464 1rc • i; Figure 51-- Perforated mudstone objects. a) CA-Ora- 378; b) CA-Ora-64. week get-together. The events of the Jamboree, from demonstrations of Scout skills to trading to visits by personalities of the entertainment industry and even the American Vice President, are chronicled below. A number of the more formally choreographed events are best understood against the backdrop of national and international politics in 1953; discussion of the Jamboree begins within this larger historical perspective. The Second Red Scare The tenor of this gathering of youth went beyond the normal scout exhortations to patriotism and beyond the familiar conspicuous display of collective representations of religion and society (Figure 53). Touted as "the greatest freedom movement by youth in a free world," the Third National Jamboree embodied an ideological agenda driven significantly by the Second Red Scare, and accordingly, there was a special urgency to mold young minds. The efficacy of the thought control apparatus would be hard to gauge. For the boys, fun in the.Califomia sun undoubtedly superceded the heavier concerns harbored by many of their elders, who more than their young charges, would have found comfort in the mass rituals and in the dramatizations of national mythology. In the postwar years preceding the 1953 jamboree, events both foreign and domestic generated great anxiety in America (Leuchtenburg 1983). Two superpowers had emerged from World War II carnage amidst instability and its correlate, opportunity, in Asia, Europe, and Africa. The Soviet Union and the United States, each seeking to further geopolitical interests, engaged in an ideological struggle whose intensity at times seemed to portend a nuclear confrontation (Sherwin 1983). This Cold War of heated dialogue and occasional mayhem through surrogates had many Mav,144Z' 121 f causes (see Levering 1982; Clifford 1983). Particularly unsettling to Americans and western Europeans was the Communists' acquisition of territories on the western border of the Soviet state. In the year following Winston Churchill's 1946 "iron curtain" speech, senior diplomat George Kerman proposed a containment policy soon to be the heart of the Truman Doctrine. Soviet ambition in Greece and Turkey were thwarted, but in 1948, a Communist coup in Czechoslovakia added another country to the list of Eastern Block satellites. Shortly after, there began the Berlin Blockade. Congress reacted quickly to the "red tide," approving a European Recovery Program (Marshall Plan) to revitalize the economies of European nations not dominated by Communist regimes. The coup in Prague, the Berlin Blockade, and the Soviet's detonation of an atomic weapon were all catalysts for a collective defensive strategy known as the North Atlantic Treaty Organization (NATO). The arms race was on, and by 1950 roughly one third of the national budget was consumed by defense expenditures. With the Korean War beginning in 1950, most Americans were willing to accept such high military outlays. In 1952, a hydrogen bomb was exploded on the small atoll of Eniwetok in the Marshall Islands. President Eisenhowees Secretary of State, John Poster Dulles, placed "massive retaliation" as the cornerstone of his chilling policy of brinkmanship. Understandably, citizens were frightened. Soviet espionage during World War II had hastened the Communists' entrance into the very exclusive nuclear club. Americans David Greenglass, Julius Rosenberg, and Ethel Rosenberg were implicated in such spying. Lack of clarity in distinctions between espionage and subversion was seized upon by opportunistic politicians such as Senator Joe McCarthy, thereby intensifying the Second Red Scare (Griffith 1983; Smith 1983, Hellman 1983), a phenomenon already manifest in institutions such as the House Committee on Un-American Activities. Soviet territorial and weapons technology successes were daunting enough, but with Senator McCarthy convincing many Americans that enemies from within were more the threat to democracy than enemies from without 122 MAC�& 14001C • (McCarthy 1983), many became reluctant to criticize either majority middle class values or capitalist institutions. With the Left effectively silenced, conservatives seized any opportunity to indict the New Deal and all liberalism. Irwin Unger (1986:74) succinctly captured the mood when he wrote that 'bold war fears, when superimposed on the more positive values of togetherness and career building, made Americans... self -celebrators to a degree almost unique in their history." If a leitmotif emerges from descriptions of events at the Third National Jamboree, it is self -celebration of American ideals communicated through ritual, pageantry, slogans, mottos, and symbols (Figure 56-55). Clarity of purpose and FIGURE 56-- SCOUT LAW ONDISPLAY ATTHEMAIN tirk"CEWAYTOJAMBOREE CITY. COURTESY, SPECIALCOLLECTIONS, UCI LMURY. higher causes might motivate American youth to consider their duty to God and country, while the spectacle of American and other free nation scouts in togetherness writ large provided an optimistic metaphor to allay their parents' fears for the future. To those concerns molded by real and imagined, foreign and domestic threats to the American way of life, the many thousands of boys were entertained with dramatizations of American mythology and visitations by well known personalities, particularly movie cowboys, the kind wearing white hats. Realistically, the messages from the larger agenda may have been only vaguely grasped by most scouts, some of whom were more likely to be preoccupied with searching the Irvine Ranch lands for snakes and lizards to barter for Heinz pickle pins, neckerchiefs, nodules of obsidian, "porcupine eggs," "genuine Siberian squirrel pelts," or any number of gewgaws available for trade. The Jamboree Location Twenty-one locations throughout the United States had vied for consideration as host for the Third National Jamboree, The Regional Boy Scout Office at Los Angeles, hoping for a western site, discussed the merits of both the campus of Stanford University and Griffith Park in Los Angeles, but these sites seemed too small. A chance remark by Cecil Fife, Orange Empire Scout Executive, brought the Irvine Ranch into the discussion. Fife was then asked to contact a Boy Scout enthusiast within the Irvine Company, William Spurgeon (see Kilroy 1997,82-83), about the suggestion of a jamboree on the historic Irvine Ranch (see Cleland 1953). Through that contact, the matter was taken up between Myford Irvine and company manager Brad Hellis 124 Mom- who deliberated a mere two hours before giving an enthusiastic "thumbs up" to the project. Soon, there was a short list - Colorado Springs, Detroit, Palo Alto, Salt Lake City and Orange County. Convincing the rail lines to alter their summer schedules to transport youngsters to the coast posed a major hurdle, but once overcome, Irvine Ranch got the nod. The site for Jamboree City was a 3,000 acre parcel within which were 36 sectional camps, each partitioned into 34 subdivisions (Figure 57). These smaller "troop camps" were designed to accommodate around 1300 scouts. The army provided 280 tons of tents. About 30,000 tents were placed in the 36 sections for boys to set up as sleeping quarters (Figure 58 and Figure 60) (Kilroy 1997:82). The larger sectional camps were aggregated by state affiliation. Foreign scouts were intermingled with American scouts through the sections. Each sectional camp had i :t c ems. � � R tamer 1tM60REE • ••••• . � SITE FiouRE 57-- Boy ScouT JAMBDREE MAP. PUBLISHED BY THE BOY Scours of AMERICA. its own commissary, water supply, and showers. Twelve miles of water mains and four miles of sewer lines served the 36 sections. Sectional camps were connected by eight miles of service roads. Jamboree City had its own telephone system, and electrical lines ran for several miles. Latrines were dug to a depth of six feet ontheproperty, and there were waste water disposal pits. Local developer Austin'Sturtevant's contribution was construction of water lines, roads, latrines, etc. (Felton 1981). Over eighty-five special Jamboree trains provided by Union Pacific, Santa Fe, and Southern Pacific Railroads conveyed an estimated 36,000 scouts to four debarkation points (Santa Ana, Puente,.East Los Angeles, and Fullerton) where buses were waiting to transport the boys to Jamboree City (Figure 59 and Figure 61). Boys not journeying by rail made the trip to Orange County in trucks, private cars, and aboard chartered buses. Only a small percentage secured passage on ships, and several scouts took a leisurely hike to the site from Van Nuys. L,/ _), a 1� 125 /YyV� While the official dates for the Third National Jamboree span one week, July 17 through July 23, a substantial number of scouts arrived at the site during the five days prior to the seventeenth, and departures continued through the four days beyond closing ceremonies. Around 50,000 boys and adult leaders were camped at Jamboree City from the 17th to the 23rd. Government Participation Once the location for the Jamboree had been decided, the Federal Government weighed in with its cooperation. An act of Congress, signed by President Truman, provided for the loan of military equipment. For instance, the Sixth Army loaned a pumper truck and personnel volunteered for fire fighting. The State of California offered two mobile fire units with firemen, and the State Forestry Service was also a participant. Camp Pendleton marines who were trained as lifeguards patrolled with amphibious vehicles at Huntington Beach where boys were taken in groups of 4,000 to participate in "the first mass ocean swimming in Scout history." Twenty-eight marine lifeguards were on duty at all times, one in a Marine helicopter that flew back and forth over the water. The State Division of Parks had designated a 300 foot wide and one mile long stretch of beach solely for the scouts. This area was partitioned into zones, each with a first aid facility in addition to a temporary hospital, to systematically monitor the youths' activities. Corona Naval Hospital was on call to attend to any seriously injured person delivered by a helicopter stationed at the beach for emergencies. n4 , r FIGURE 58-- WORKMEN OFFI.OADINO TENTS AND OTHER EQUIPMENT. 1N ADDITONTO SERVING AS SLEEPING QUARTERS, TENTS HOUSED COOKING AND SHOWERING FACILITIES, TELEPHONE EXCHANGES, OFFICIAL SWAPPING ZONES, AND INFIRMARIES. 126 HAe46 140r4le The United State Postal Service helped out with postal substations in the several trading posts, where the boys could buy refreshments and souvenirs with five and ten cent tickets purchased at booths in front of these centers. Reserves with the Orange County Sheriff s Department provided police services within the tent city. When encampment was at capacity, sanitation workers hauled away an estimated 15 tons of garbage daily. The military was involved in the boys' well being in other ways. For instance, some army reservists from Orange County put in their two -week summer duty running a dispensary and two 72 bed capacity hospital wards housed in field tents. Eleven military nurses were at the ready. The Eleventh Naval District and the Sixth Army were contributors to health services, as were the Orange County MAdw, Imo- 127 AMn FlouRE 61— MARINE CORPS HAND WELCOMES SCOUTS ARRIVING ATTHESANfA ANA TRAIN STATION. COURTESY, HISTORICAL COLLECTION, FIRST AMERICAN Tnu INSURANCE COMPANY. Chapter of the American Red Cross (with four first aid stations), the Orange County Health Department, the Orange County Medical Society, the American National Red Cross, the Health Department of California, and Orange County General Hospital. Orange County Medical Association doctors, working in five hours shifts, gave brief physical exams to all boys as they entered Jamboree City as well as before they departed on return to their homes. Through 8,000 exams a day, surprisingly few boys turned up with communicable diseases necessitating hospitalization. A mobile dental unit, aided by dentists recruited from scout leaders, was also in service. Descriptions of other facilities and activities further round out a picture of the enormity and well organized complexity for the two week occupation at Jamboree City. Atbarter from the comptroller of currency in the national capital authorized the First National Bank of Santa Ana to set up a branch bank at the site ten days prior to the official beginning for the encampment. Aside from banking duties, First National consciously aided scout organizers' ideological agenda by putting into circulation 20,0001953 Benjamin Franklin Liberty Bell half dollars. These souvenirs provided a material reminder of purpose, a link to the established theme, "Forward on Liberty's Team" (Figure 55). 128 Food and Fun Strategies for feeding this army of campers reflected detailed organization. Commissaries in sectional camps issued food parcels to 40-man units, four times daily. Perishables were issued for each of the three meals, and once a day there was issuance of nonperishable staples to be prepared on the following day. Once this food was assigned, it was distributed in allotments to 10-man units, each of which prepared and served their own meals. Thus, there were over 5,000 designated patrols of 10 (9 boys and a leader) cooking over charcoal fires, dishing up standard menus on paper plates. Menu items reflected the need for quick meals so that the boys were left with ample time for a whirlwind of activities. During their stay, campers consumed nearly 52,000 dozen eggs, about 100 tons of meat, close to 625,000 quarts of milk, approximately 175,000 loaves of bread, between 7 and 8 tons of tomatoes, over 58,000 quarts of ice cream, and other foods. The total grocery bill ran about three quarters of a million dollars. Each boy had paid 48 dollars to be at Jamboree City. Of the many activities to choose from, swapping probably drew the most sustained enthusiasm. Impromptu trades might be negotiated any place, but more formal commerce occurred in special tents set up just for bartering. These tents were furnished with long tables where scouts might display their wares. Swapping was correctly anticipated as the principle occupation of Jamboree -goers (Figure 62), and COLLEMON. acnoN. aside from the planning of on -site trade locations, a Hav, iyc 129 fumigation machine was in place to deal a lethal blow to insect pests and diseases that might arrive on out-of-state plants, fruits and animals which were intended for trade. The county agricultural commission placed 25 inspectors at arrival points to identify potential threats to California agriculture. All categories, animal, mineral and vegetable, were wide open for consideration in trading. Especially popular items were souvenir neckerchiefs (Figure 63), patches (Figure 64 and Figure 65), buttons (Figure 67) and programs (Figure 71). Other items transported home included the following: Empire State Building replicas, chess sets, Louisiana lobster claws, confederate flags, troop flags, state flags, arrowheads, applewood gavels, white cowboy hats, tie clasps, buffalo horns, knives, bundles of tobacco leaves, nail clippers, shell beads, a variety AUTHOa'S COL1.EMON. of rocks and minerals (Figure 50 and Figure 66), including "lava from Montreal," coins (Figure 49 and Figure 68) (some of them "lucky" coins), historical/patriotic memorabilia (Figure 69 and Figure 70), Indian paddles, Indian pottery, railway spikes, wrought iron from the French Quarter in New Orleans, salt from a Louisiana salt mine, sea shells (Figure 73), sharks' teeth, live snakes, wildcat skins, copperhead snake and alligator skins, frogs, live snakes, a miniature Los Angeles city limits sign, miniature balsa wood totem poles, and vials of Like Huron water. Japanese scouts arrived loaded with tradeable items - wooden slippers, fans, dolls, chop sticks, and post cards, to name a few. Even the most notable visitor, Vice President Richard Nixon, got into the act, on one occasion trading an engraved fountain pen for a rattlesnake skin and on another occasion trading his engraved business card for something offered as an "Indian scalp." 130 MAe4a 14%c • Indeed, in and out of swap tents, a number of swap goods exchanged hands in a game of getung the best of the other fella, a kind of sport best played against those perceived as yokels and better yet if they hailed from another part of the country. Scouts amused one another with stories of how some bumpkin had relinquished a really "swell" item for a rare "porcupine egg," actually only a thomychestnut. In this manner, "genuine northern elks' teeth," reportedly extracted from the skull of a southwestern cow, rare "oil pills" (chunks of hard rubber), "Siberian squirrel pelts" (who knows - a New Mexican road kill?), and an upper molar from Paul Bunyan (another "who knows?") were passed along to the same gullible boys who might just as easily be coaxed into holding the sack during a snipe hunt. The Protestant General of the Scouts, the Reverend Robert Uphoff, believed that the Scout program's emphasis on honesty and the institution of the swap tent.taught the boys that the "only way to do business is to put an honest product on the market for an honest price." Parenthetically, the Jamboree Guide for Unit Leaders stated that swapping "should not be barter, but an exchange of mementos of friendships." In other words, the ideal was reciprocity -(gift giving and counter gift -giving induced by social obligation), not some form of market exchange. Some souvenirs were giveaways. For instance, scouts were issued two Jamboree neckerchiefs (Figure 63). Kwikset Locks, Inc. of Anaheim manufactured 50,000 screwdrivers shaped like keys which they donated to county scouts in anticipation that they would be traded to other scouts who would spread the advertisements over a wide area. Four inch long, half inch wide pieces of teak from the mainmast of the Chinese junk, Ning Po, were handed out to the boys (Figure 72). Each of these gifts came attached to a card explaining that the ship; crafted in Fu Chan, China in 1753, had served as a smuggler, pirate ship,. and slave runner. Lurid references to mutinies, murders, and blood stained decks made for a particularly "neat" souvenir. The Irvine family donated souvenir medals (Figure 74) designed by Laguna Beach sculptor Peterpaul Ott. Commissioned by Mrs. Joan Swinden Irvine and Mrs. Athalie Clark (Irvine), the medal was enclosed in an envelope inscribed, "In memory of James Irvine, Jr." Boys received the memento at the night rally held on July 22. mavi 144c FIGURE 66- NODULE OF CARBORUNDUM, A MAN- MADE MINERAL RECOVERED IN RECENT ARCHAEOLOGICAL INVESTIGATIONS AT CA- ORA-64. 131 s� Three days earlier, the Orange County Register printed a special "Welcome Boy Scout" >+ edition to be given to the campers as an additional memento. Regular subscribers received it at no additional cost. I� When not engaged in cooking, eating, or a quest for souvenirs, boys occupied their time { in such things as hiking, swimming, socializing, and demonstrating their FIGURE 68— RECENT FINDS FROM CA-0RA-64. FLATTEMED scouting skills (Figure 75 and !! PENNY (AREMINDER OFTHE RAIL TRAVELTHATCONVEYED THE Mmoitm GO Figure 76). Boys from Texas and I MEXI� COIN.�0 urs T° ntE IRVINE RANCH) "N° A Oklahoma in scheduled 1 performances showed their abilities at spinning ropes and cracking bullwhips. New Jersey scouts performed Indian dances and made fire by striking steel against flint. Such activities usually took place within the assigned camping areas of the performers. Locating the various scout demonstrations was facilitated by signs erected by the boys to indicate troop and/or state affiliations (Figure 78 and Figure 77). A huge orange marked the gateway to the living area of the Orange County contingent. I} ®, Chaperoned excursions allowed the young men to tour the Naval base at Long Beach, Lockheed Air Terminal and Jet Plant, and RKO Movie Ranch, and there were trips to Knows Berry Farm, Lake Arrowhead, the local oil fields, Tijuana, Catalina Island, homes of the movie stars, and the observatory and the zoo at Griffith Park. A smaller zoo was found closer to home, on the grounds of Jamboree City. It featured animals from the western United States and was under the joint direction of the Department of the Interior Fish and Wildlife Service and the California Fish and Game Commission. More Fun - Entertainment FIGURE 69— BENJAMIN FRANKLIN TOKEN,RECENTLY EXCAVATED AT CA- ORA-64. On site formal entertainment (Figure 80 and Figure 79) occurred both during the day and at night. Three nighttime extravaganzas occurred on the 17th, 21st, and 23rd. The public was invited to these evening events. The first coincided with the official opening of Jamboree City, and was preceded by a welcoming address delivered by Lieutenant Governor Goodwin J. Knight. The president of the National Council of Boy Scouts, John M. Schiff, and others, including Myford Irvine, spoke to the gathering of 70,000 persons who also listened to a recorded message from President Eisenhower. 132 H�i 141114 " W/\ With formalities over, there began the "The Building of a Nation" pageant with a cast of over 7,000 scouts in a huge natural amphitheater. The performance blended history and mythology to recount 450 years of important events. A variety of places (e.g. Valley Forge, the Alamo) and persons (e.g. Daniel Boone, Meriwether Lewis, and William Clark) were invoked, but the most spectacular vignette within the celebration utilized two actual steam locomotives (Figure 83 and Figure 82), which had been transported in by truck, to reenact the joining of both sides of America at the 1869 Golden Spike ceremony at Promontory, Utah Territory. The California location of the Jamboree dictated that there be glimpses of early California days, and accordingly, Mission building, Californiano fiestas, the gold rush, and, predictably, the establishment of the great ranches all were dramatized. Hollywood saluted the Third National Jamboree on Tuesday the 21st. A fireworks spectacular preceded Hollywood Night, an event open to the public. The ` ' I' - FIGURE 70- LIBERTY BELL MEMENTO DISCOVERED AT CA-ORA-64. panoply of stars reflected both the nearness of America's capital of the entertainment industry to Orange County and the eagerness of many of its players to affirm their Americanism against a climate of Cold War fears and McCarthyesque accusations. Produced by Harry Joe Brown, and directed by Leroy Prinz, the show featured numerous popular celebrities including Bob Hope, Danny Kaye, Dorothy Lamour, Debbie Reynolds, Dick Powell, James Stewart, Will Rogers,Jr., Jeff Chandler, Rory Calhoun, Jerry Colonna, Johnny Mack Brown, Roy Rogers and Dale Evans, and a celebrity horse, Trigger. The closing evening show, the "Cavalcade of Scouting," also billed as "Scouting's Trail to the Future," commingled pageantry and narration to 133 x� Nvv�, review Jamboree -vents. The show had scouts proving their worth in demonstrations of fast aid, burro packing, canoe camping, etc. Eight thousand seven hundred boys were in the cast. A gigantic Liberty Bell and a parade of international flags were part of the production. A chorus of invited public and scouts sang "Auld Lang Syne" in the night's finale. Hollywood's participation went well beyond "Hollywood Night," necessitating coordination of the participants from several entertainment fields. The Hollywood Coordinating Committee, presided over by George Murphy, addressed this organizational need. Their duties included planning afternoon shows produced by William W. Mejklejohn of .. �uttnrrx+u. 27 aoY' t�oato �ntiauE dvrn*y„ ,w..�."�,.,K �.�•.� �.�. M r tali �;rs�ar--- 33 FIGURE 72-- NING PO SOUVENIR. A OIVFAWAY AT ]t THETHtRDNATIONAL BOYSCOUr MaORE& CV FROMTHECou.ECTIONOFTHESHERMAN 1 LIBRARY. N 1A RouR& 73-- GASTROPOD SHELL FROM CAPE MAY, NEW JERSEY, RECOVERED AT CA-ORA-64. Paramount Studios for the lath, 20th and the 22nd. On Saturday, July 18,there were three arena shows. Roy Rogers, Dale Evans, and Trigger presented their act in one arena. The Associated Riding Clubs of Orange County pot on a horse Show in another arena. Emcee Harry Babbitt hosted a Jamboree talent show that was won by a Philippine dance group. Monday afternoon (July 20) featured a variety review with Edgar Bergen and Charlie McCarthy, Lash Larue, June Allison, Dorothy Lamont, Dick Powell, Dusty Dixon, Jerry Colonna, Reggie Rennel, and the South Sea Islanders. In a second entertainment feature, emcee Dick Lane hosted the KTLA Review in which singer/comedian Spade Cooley and his orchestra, the Y- Knot Twirlers (national champion square dance group), and female magician Dell- O-Dell all performed. Other participants included Roscoe Ates, Cheetah the Chimp, and the Smokey the Bear Frosty Frolics. 134 M444 i" This day was all the more special for the aerial display put on by the Navy's Blue Angels as well as jet pilots from nearby El Toro. Also, 15 Marine Corps helicopters were seen flying in formation. On Wednesday, July 22, the Los Angeles Police Department entertained the scouts in a "Salute to the Jamboree." A band, pistol team, and archery team from the Department performed as did vocalist Rudy Pena. Emcee Jack Webb was assisted by his Dragnet partner Ben Alexander. On the same day, Bill Holden was emcee for the "Circus Review." The Will Matson Trio, Manny Harmon's Orchestra, and singer Cindy Girard performed for the gathering which was further entertained by archery champion Howard Hill, Andy Devine, Bozo the Clown, Mitzi Gaynor, Irene Dunn, and Bob Williams with "Red Dust." Professional rodeo cowboys, recently arrived from a major event at Salinas, competed in front of scout audiences on July 21 and July 22. Montie Montana staged both rodeos. FIGURE 74-- A REMEMBRANCE OF JAMES IRVINE, JR. GIVEN BY THE IRVINE FAMILY TO BOYS ATTENDING THE 1953 JAMBOREE. AUTHOR'S COLLECTION. There was even a western Variety Show on the day after the official end to the Jamboree for boys who had not yet departed. Through it all, no scout could legitimately use the refrain common to young teenagers that "there's nothing to do." Another Agenda Keeping with themes that permeated the gathering, much of the entertainment unabashedly celebrated America and the country's values. Most obviously, the "Building of a Nation" pageant took its cue from "Forward on Liberty's Team" (Figure 55). In reporting that show, the Orange County Register contrasted the "free assembly of American youth" with the forced assemblies of young people under totalitarian regimes, alluding to the Hitler Youth and the Soviets' Young Pioneers. When the Chief Scout Executive of the BSA toured the site on July 7, he stressed that the Jamboree would be "a great demonstration of free youth in a free country." An Orange County Register editorial chortled that "the simple but significant activities of living together by Patrols and Crews, cooking, putting on demonstrations, hiking and taking part in the huge arena shows and sectional activities all demonstrate democracy in action." N_ _ /, _i 4- 135 Flags were in i great profusion in the tent city (Figure 53 and Figure 54). The first ¢ official day of the Jamboree began with a flag raising at general headquarters signaled by an aerial bomb bursting high overhead. An Honor Guard and a Drum and Bugle Corps contributed to the ritual as did the simultaneous raising of American flags campwide at the sight of the bomb burst. Along the Avenue of Flags flew the collective representations of 54 nations The hour long documentary film was intended to show "the American way of life in action," and prints were to be supplied to the State Department for use overseas. The Chief Executive of the BSA believed that the film would provide the background of a voluntary gathering against which there might be contrasted the forced attendance of Iron Curtain youth gatherings. Further, the production would dispel false impressions about America when people could witness the 136 i 'i I , those having a scouting program. FIGURE75--BOYS POSING BEFORE THEIR OBSERVATION TOWER, AN IMPOSING MONUMEWTO THEIR CONSTRUCTION SKILLS. COURTESY, SPECIAL COL XMMS, UCI LIBRARY. FIGURE76-- OPEN AIR PAVILION WHERE EXPLORER SCOUTS "SHOWED THEM " STUFF." COURTESY, MSTORICALCot1mnON,FIRST AMERICANTITLE INSURANCE COMPANY., lVvv interactions of boys of different races and faiths. Four staffs of Hollywood technicians worked with George Murphy and James Stewart to shoot the footage. There was a daily half hour radio broadcast through KVOE. The show featured interviews with scouts, their leaders, and the boys' families. A one hour CBS broadcast reached an estimated 25 million viewers across America. Scouts entertained family members who could not attend the Jamboree with such antics as a pie eating contest and skits. The family theme was also apparent locally where room listings were readily made available for visiting families. "Welcome Mom and Dad" stickers were made available by the Newport Harbor Chamber of Commerce for area businesses to display in windows. Yet another theme, reverence, permeated the gathering. One stated Jamboree goal was to encourage the participants to "rededicate themselves to their God." In an anti-Communist message delivered on July 18, the president of the National Council of the Boy Scouts of America, David O. McKay, emphasized that religion should be an integral part in training American youth. The following evening, scouts reportedly reaffirmed faith in God during a candlelight ceremony as part of a Convocation, the theme of which was "My Duty to God." A Hav, i4,4c- 137 I� spea+ r chorus of about 1000 participants and a choir of around 100 provided background. The Con- .ation was introduced by Richard Nixon, who earlier had attended all the Sunday church services. Demonizing the enemy, the Vice President told the scouts about their contemporaries behind the Iron Curtain who "had been taught to hate and to fear and to be contemptuous." Other politicians used the occasion of the Jamboree for self-serving ends. For instance, governors J. HowardPyle (Arizona) and Francis Cherry (Arkansas) made visits. Ezra Taft Benson, Secretary of Agriculture, represented President Eisenhower at the 43rd Annual Meeting of the National Council of Boy Scouts of America, a get-together held in conjunction with the Jamboree. Anthropologists identify both emic and etic aspects of culture to report mental and behavioral events in the lives of the peoples they study. An emic approach to culture describes what the "native participants accept as real, meaningful, or appropriate," but "the aim of etic descriptions is to generate scientific theories about the causes of sociocultural differences and similarities" (Hams 1995:13). Much of the emic view of Jamboree events is both explicit and implicit in the preceding overview. TJ subjects of a social scientific enquiry and are often at variance with the way a culture perceives itself. If one emic theme of the Jamboree rises above all others, it is perhaps best summarized in the motto, "Forward on Liberty's Team," but with a cross-cultural perspective guiding an etic 138 m4e4a I"' summary, "thought control' seems the most appropriate label for the larger purpose of the gathering. American cold warriors especially might protest the "cynicism" of such a suggestion, proposing instead that "Ruskies," not Americans, employ thought control. That argument serves ideology, not reality. Differences abound, of course, but they are found, for instance, in the degree of subtlety of the message (e.g., the ,intensity of demonizing the enemy) delivered by the state or institutions acting on behalf of the state and especially its power elite. The ends addressed by thought control are largely those of behavioral control. No society anywhere operates without either mechanisms of social control or thought control. In small hunting and gathering cultures, such as those prehistoric societies which once occupied Ora-64, the level of technology as it articulates with the bio-physical environments ultimately molds an adaptive strategy embracing a communal ethic where resources are generally shared. With material conditions dictating the absence of marked inequalities in access to technology and resources and allowing for no exercise of notable political control by one person or group over others, these simplest of post -Pleistocene peoples need little more than the court of public opinion and fear of magical retaliation for wrongdoing to generally guide people along the straight and narrow. t AMERICAN TITLE INSURANCE COMPANY. At the other extreme are state level societies, where stemming the tide toward chaos in human affairs is a far greater challenge, owing especially to a combination of the following: large population; general anonymity; a price market exchange system and its corollary., all purpose Ma, t4,tc- 139 FIGURE 80- SCOUTS ANDJAMBOREE VISMORS WATCHINGA PERFORMANCEIN THE AMPHrrHEATER. COURTESY, SHERMAN LIBRARY. money; and marked differences in wealth (see Harris 1995:155), Control of last resort for deviants and dissidents falls to -specialists trained in the use of force. Reliance on police and/or paramilitary action is, however, relatively burdensome, it being far more cost effective to promote conformity through "information," direct and indirect, communicated via such things as monumental architecture, mass rituals (e.g., flag salutes, pledges of allegiance), patriotic pageantry, religious services, the news media, and compulsory education (Harris 1995:155-156). Clearly, the Jamboree, through ritual and myth, celebrated .American ideals, reinforcing the mantle of absolute truth bestowed upon generally held perceptions of democracy and freedom. Cross-cultural comparisons illustrate that in the mental landscapes of industrial states, communication to promote conformity periodically relies on symbolism embodied in ritual display and in the dramatization of national myth. Symbols help establish a world view, or cultural perspective, fostering certain moods in true believers, motivating them to good citizenship. Indeed, practices used to instill patriotism and righteous behavior in American youth parallel those used to the same ends in societies that Americans regard as less than democratic and freedom loving, patriotic pageantry and flag rituals were prominent at the 1953 get-together; not surprisingly, similar persuaders operated at Cold War gatherings of Soviet youth and were no less self-serving to the power elite. Archaeology and the 1953 Site Component Archaeological fieldwork at Ora-64 offers only the smallest contribution to the history of the Third National Jamboree. Settlement was of short duration, and virtually all garbage was 140 MA� FIGURE 81-- COMPOSETF OF 1953 ArR1AI. PHOTOGRAPH OF BOY SCOUT JAMBOREE AND PREHISTORIC FEATURE: I.00A770NS FROM ORA-64. transported daily to local landfills, leaving little raw data for future archaeological interpretation. By contrast, historical documentation is voluminous, adequately detailing the goings-on. The Ora-64 investigations do, however, provide a vehicle for further remembrance of this important event, and recovered artifacts, or "boyscoutifacts," might be incorporated into museum or library displays for that purpose. Some artifacts are of interest above others, as they provide vignettes of amusement or challenge. Consider, for instance, the souvenir token of Figure 4. How often do archaeologists recover a single specimen that both identifies the nature of and succinctly summarizes the ideological backdrop to site occupation? In addition, this latter day Rosetta stone bears an absolute date! Also consider that the several probable scout trade items exhumed at Ora-64 have inspired a useful discussion of an unusual kind of ideological dissonance. The reader may recall that swapping was celebrated in a Jamboree Guide fvr Unit Leaders as a kind of reciprocity, H 4a 140Z 141 specifically. exchanges of goods to cement friendships, but, alternatively, the swapping was viewed as a kind of barter market exchange (by the Protestant General of the Scouts) in which losses and acquisitions balanced out. While real behavior more closely approximated barter than reciprocity, economic one-upmanship was repeatedly played out, wherein goods might even be misrepresented in a trade. Recounting a trade in which one got the better of another scout provided entertainment, a kind of "counting coup" that was greeted with much hilarity. Here, then, two conflicting exchange ideals to guide swapping are each discordant with actual behavior. Some "boyscoutifacts" present a challenge to the skills of lithic analysts; who attempted to separate the 1953 products of stone tool manufacture from the prehistoric debitage and artifacts. This technical challenge is discussed within the CA-Ora"64 mitigation report section on lithic analysis. An historical dimension to account for the latter day flint knapping begins below. By way of introduction. archaeologist David Hurst Thomas attributes his earliest interest in American prehistory to his participation in a scouting program in the San Francisco Bay area, where he received "a healthy dose of ...'Indian lore,"' learning about tribal histories, making Indian clothing, and participating in Indian dances and ceremonies ($CA net. March 25,1997). Indeed, perusal of Scout Handbooks and Field Guides reveals that "Indian activities" have occupied an important place in U.S. scouting from its inception. Not surprisingly, then, flint- knapping was a formal activity at the 1953 gathering. The projectile fragment of Figure 8, albeit bottle glass, is a manifestation of this craft activity, as may well have been the obsidian chunk (a core?) of Figure 5. FIOURIi 82- LOCOMOTIVE USIA) IN TM "BUILDING OF A NATION" PNRFORMANC:. COURTESY. HISTORICAL COIJXCTIGN, FIRST AMMUCAN Trill INSURANCH COMPANY. 142 MNGt'�i 1� It is not generally known that the historical roots for infusion of "Indian activities" into American scouting derive significantly from a boys' movement that was both a precursor and a contributor to Lord Baden-Powell's Boy Scout program in England. The protagonist in this story is Ernest Thompson Seton (see e.g., Wiley 1962; Samson 1976; Keller 1984). As a reformer concerned for the moral development of youth, Seton found fertile ground for his ideas during the Progressive era (Anderson 1986:129-165). Believing that strenuous activity in the out-of- doors was salutary for body and spirit, this naturalist, writer, and illustrator urged American youth to emulate a people especially intimate with nature, the American Indian, by learning, among other things, their woodcraft skills (see Keller 1984:Chpt. 13). His idealized model of the aboriginal American embodied, Seton believed, the kind of morality to properly channel youthful energies to mold boys to men. From this was born the Woodcraft Indians (aka Seton's Indians), the first major youth organization of the Progressive era. Boys constructed Indian tepees, made Indian clothing, danced Indian dances, beat Indian drums, adopted Indian names, and so on (e.g., Peterson 1984). Seton actively sought to influence the direction of the new Boy Scout movement of Lord Baden-Powell (see Rosenthal 1986), who borrowed freely from Seton's creativity, but often without giving proper credit. When Seton and his associates realized that the Boy Scout movement in the United States was destined to outpace the Woodcraft Indians, they accepted the I t _ /, _i 143 inevitable but actively labored to infuse Woodcraft principles and practices into the BSA (est. June 21,1910). Seton became the "Chief Scout,' authoring the first BSA Handbook. Many philosophical differences between Seton and Baden-Powell (see Hillcourt 196; Jeal 1989) regarding the boys' organization did not yield to compromise, but regardless, a synthesis did evolve, although the organization and goals of the BSA clearly favored Baden-Powell's model over Seton's. However, the legacy of the Woodcraft Indians continued, some of it reflected in the residuum of lithic tool production from the 1953 encampment. Concluding Remenka The Third National Jamboree was as much a reaffirmation of American values as it was a reiteration of Scout law and creed. It was as much a dramatization of American mythology as it was a showcase for the practical outdoor skills of teenage boys. It was as much a stage for rituals to allay early Cold War fears as it was a grand gathering to enjoy swapping and a multitude of other youthful activities. It was certainly the single most newsworthy event that had played out in Orange County up until that time. However, few citizens today could even explain how Jamboree Road came by its name. The recent excavations at Ora-64 recovered few 1953 artifacts, yet this refractory evidence supplied the catalyst to not only document an historic event, but to set the historical moment within the larger social, psychological, and political context. 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American Antiquity 56(4):659-666. 170 Mitigation Monitoring Program Requirements Post bond for all frontage improvements listed in Table B of EIR Provide Acoustical Analysis Report which outlines exterior noise levels and acceptable interior noise level standards. Incorporate sound attenuation measures specified in report into design of project, including all freestanding acoustical barriers illustrating height, location, and construction. 6ir Approval and any necessary permits from the Dept. Of Fish and 4r / Game. Yk�l(t a� 10. Approval and any necessary permits from the U.S. Army Corps of Engineers. ` - P No grading, stockpiling, or operation of equipment shall take place within the bluff -top setback area established by the blufftop setback ordinance. (Within the 40' property line setback area) -except for trail establishment. *A/ 0 dv cal w-x. °~ VA " STL " r Provide plan and any necessary permits which are required to offset the loss of wetlands or any work that will encroach into the on -site freshwater marsh. ,,Woell All wetlands habitat in areas intended for preservation shall be temporarily fenced when any activity is proposed within 100' of the wetlands area. All grading work shall occur during the non -breeding season for the California cc+" (' Provide detailed plan of any revegetation/replacement program O� stating the exact nature and extent of known impacts and will be subject to environmental review pursuant to CEQA 10. A)k contribution shall be made in the amount of $10,000.00 to complete an Upper Newport Bay Coyote Monitoring Study under direction of the U.S. Dept of Fish and Wildlife Service. Identify areas prone to top bluff/slope instability during an - earthquake and fiuther evaluated by the project geotechnical consultant. The evaluation shall be prepared to the satisfaction of the Building Dept. T Provide haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation 1/ Provide a temporary gravel entrance at all site entrances 14. Select a City approved archeologist tavate a sample of the site then produce a written report summarizing the findings of the testing and recovery program. 05.Applicant shall donate all archeological materials recovered during the project to a local institution which has the proper facilities for curation and display approved by the Planning Department. Coastal Commission approval is required /'17. Provide a report prepared by a city approved archeologist detailing all findings of the surface collection of the eastern extension of CA- Ora- 100-which would be impacted by grading. G Provide a report detailing all findings from surface collections and test excavations in determining site extent and significance regarding CA-Ora-51 and CA-Ora-518 19. Provide a report detailing all findings from a conducted data recovery of program CA-Ora-64. 20. Provide a report prepared by a qualified archaeologist detailing all findings regarding any indirect or direct impacts to CA-Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted. 21. Provide a collection plan prepared and implemented by a City approved paleontologist monitor for known exposed fossil localities, matrix samples shall be collected for processing. 22. Provide provisions for the preparation and curation of all fossils recovered from the site during grading. 23. Provide/identify a city approved repository which will receive all fossils collected from the sites. If any bluff alteration occurs a report shall be prepared and submitted by a City approved paleontologist conducting a comparative study of detailed measured sections made before and after any alteration. MITIGATION MONITORING PROGRAM SUMMARY CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Method of Action Verification Timing of Verification Responsible Person Aesthetia/lipht and Glare In conjunction with site plan review, the project Condition of Plan check Prior to site plan Planning Dept. ro nent shall prepare a detailed temporary grading and land- Approval approval plan checker, PB&- pe plan for the bluff top setback area for the purpose of R/Building/Public minimizing bluff erosion. If graded slopes from a development Works Depts. area ertend into the bluff top setback area, as proposed by the PC Text, the project proponent shall prepare detailed final grading and landscape plans for the bluff top setback area. The plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. Traysvo rtation /Cuculation KThe City shall ring program to dihe Development Agre prepare a circulation improvement Condition of City Council Annual Public Works met expenditures of funds received approval; prepam- approval Director, Planning ement to make improvements and tion & review of Director to monitor the status of those improvements. The list of im- CMP/GMP/DA provements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely man- ner. Flexibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is main- tained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annual Congestion Management Program and Growth Management Program analysis and the annual review of the lop ement. Tne applicant or successor in interest shall construct Condition of Plan check Prior to recordation Planning Dept. or t bond for all frontage improvements identified in the approval of final subdivision plan checker, Sub- lopment Agreement and listed in Table B of the Program map for each parcel division Engineer n (l 1 _CI1 , EIR: COK VJ1 0A& 1JW�J with improvements. MI TIGAf1ON MONrrOIUNG PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMUNT Mitigation Measure Implementing Action Method of Verification Tuning of Verification Responsible Person Air Quality All grading related to the project shall be conducted e1ccIrdance Condition of Plan check; Prior to issuance of Building Dept. plan with SCAQMD Rule 403. This mitigation mu. approval field inspection grading permits checker; grading sure shall be made a condition of all grading permits related to inspector the project. After clearing, grading, earth moving, or excavation Condition of Plan check; Prior to grading Building Dept. plan pemtions while construction activities are being conducted, approval field inspection permits checker; grading fugitive dust emission shall be controlled using the following inspector procedures: Graded sections of the project that will not be fur- ther disturbed or worked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind ero- sion. Graded sections of the project which are undergoing further disturbance or construction activities shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project During grading and construction activities, the appli- Condition of Plan check; field Prior to grading Building Dept. plan nt shall further control fugitive dust emissions using the approval inspection permits checker; grading following measures inspector On -site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on - site roads shall be posted with a sign indicating the maximum speed limits on all unpaved toads. All areas with vehicle traffic shall be periodically watered. Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated FA MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENTAND OPEN SPACE AGREEMENT Mitigation Measure from construction activities so as to prevent accumu- lations of excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. Office and commercial development on the Corpo- Plaza West and Bay View Landing site shall also partici- in the Centerride program currently in operation in the port Center area. Evidence of intent to participate shall rovided to the City of Newport Beach Building Depart- : prior to issuance of oceuranry txrmit. Bicycle tacks shall be required in accordance with City of Newport Beach Transportation Demand Ordinance. Implementing Method of Timing of Responsible Action Verification Verification Person Condition of approval City ordinance Y1. Construction of related frontage improvements shall Condition of include bus turnouts and shelters if determined to be necessary approval and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to final design and construc- tion of any frontage improvements, the City of Newport Beach hall contact the Orange County Tmnsit District to determine i any bus turnouts or shelters will be required. All development shall include street and security ng (in parking lots and pedestrian walkway areas) which is W conserving. A lighting plan shalt be submitted for all lopment which demonstrates compliance with this measure. plan shalt be reviewed by the Planning Department and oved by the Department of Public Works. Residential, commercial and office development shalt landscaped with an emphasis on drought resistant plant des which will shade buildings and reduce water and energy sumption during the suinmer. A landscape plan shall be milted for all development which demonstrates compliance i this measure. The plan shall be reviewed by the Planning .artment and approved by the Department of Public Works kr to issuance of an occupancy permit. Condition of approval Condition of approval 3 Plan check Plan check Plan check Plan check Plan check Prior to occupancy permit for Corporate Plaza West or Bay View Landing Prior to occupancy permit Prior to occupancy permit Prior to building permit Prior to occupancy permit Traffic Engineer Traffic Engineer Planning/Building Dept. plan checkers, OCTD; Traffic Engi- neering Dept. Planning/Building Dept. plan checkers; Public Works Dept. Planning/Building Dept. plan checkers; Public Works Dept. MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Noise The applicant shall ensure that all residential lots dwellings are sound attenuated against present and pro - jetted noise, which shall be the sum of all noise impacting the project, so as not to cxMQ,An_cggnur standard f 6S_aB. CNEL in outdoor living areas -and an interior standard of 45 dB CNEL in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoning regulations and sub- mitted as follows: Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading -Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the City's Advance Planning Manager for approval. The report shalt describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also /' satisfy "B" below. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for approval along with satisfactory evidence which indicates that the sound attenuation measures speci- fied in the approved acoustical reports) have been incorporated into the design of the project. Prior to the issuance of any building permits, all frcestanding acoustical barriers must be shown on the projects plot plan illustrating height, location and construction in a manner meeting the approval of the City+s Advance -Planning Manager. Implementing Method of Timing of Action Verification Verification Condition of Plan check; Prior to approval field testing noorda 4 permits/occupancy permits Responsible Person Advance Planning Manager MlTGA`nON MONfrORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measum —_` Iyr Prior to the issuance or any Certificates of Use and Occupancy, field testing in accordance with Title 75 regulations may be required by the Planning Direc- tor to verify compliance with STC and IIC design standards. All no - n ential structures shall be sound attenu- against the combined impact of all present and projected noise from exterior noise mums to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be submitted to the Manager, Advance Planning in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorpo- rated into the design of the project. All freestanding acoustical barriers shall be a berm, wall r combination berm and wall. Walls shall not contain es or gaps. Walls shall be constructed of slumpstone or other masonry material. Final ii�oustical barrier heights and locations shall be determined when final grading plans are developed showing lot locations, house/building setbacks and precise pad elevation. i At the time specific site plans and grading plans are pie red and submitted for review and approval by the City, the 'ty shall review the plans in conjunction with the environ- mental review process to confirm that the mitigation measures provided will adequately control construction impacts potential- ly impacting the Newport Harbor Lutheran Church, especially its pre-school operations. If necessary, additional conditions related to construction activities may be placed on the project. Implementing Method of Timing of Responsible Action Verification Verification Person Condition of Plan check Prior to building Planning Dept. plan approval permits checker, Advance Planning Manager Condition of Plan check Prior to precise Building Dept. plan approval grading permits checker Condition of Plan check Prior to site plan Planning/Building approval approval or grading Dept. plan checkers permit 5 MMGA71ON MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT' Mitigation Measure 'ro 'cal Resources Pursuant to Section 1601-1603 of the State of Cali- mia Fish and Game Code, the,Califomia Department of Fish 4n Game shall W, notified of any alterations to streambed habitats. The applicant or any successors in interest shall be responsible for notifying the Department of Fish and Game regarding any grading related to residential development and ,opssociated improvements on the San Diego Creek South, Up- per Castaways, Nc rter North, and Freeway Reservation situ which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Game and obtain any necessary7 ermtt jCnor to the issu- ance of a grading permit pies of_ proper notification and rmits shall be -provided tote City of Newport Beach arior to issuance of a grading permit. a City of New- port Beach sha a responsible for notifying the Department of Fah and Game regarding any grading related to any public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space, public facili- ties, and/or parks which would alter streambed habitats. The City of Newport Beach shall notify the Department of Fah and Game and obtain any necessary permits prior to commence- ment of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pur- suant to Sections 1601-1603 may require additional mitigation litrasum deemed necessary by the Department. Wetland delineation studies in accordance and con- junctio with the California Department of Fish and Game and y Corps of Engineers permitting processes shall be performed for any wetland -which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conducting the wetland delin- eation studies for wetlands impacted by residential develop- ment or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associat- ed improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or any successor in interest shall be responsible for conducting the wetland delineation study. The City of Newport Implementing Method of Timing of Responsible Action Verification Verification Person Condition of Plan check Prior to grading Planning/Building approval; Cal. FGC permits for San Dept, plan checkers; Diego Creek South, Public Works Dept. Upper Castaways, Newporter North or Freeway Reserva- tion, or any public project affecting streambeds Condition of Plan check Prior to grading Planning/Building approval permits for any Dept plan checkerr, wetland area Public Works Dept. ri MITIGATION MONITORING PROGRAM SUMMARY, mat. CIRCULATLON IMPROVEMENTAND OPEN SPACE AGREEMENT Mitigation Measure Beach shall be responsible for conducting the wetland delinea- tion studies for wetlands impacted by any public improvement- s/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall occur at the time specific site plans and grading plans are available and prior to issuance of any grading permits or com- mencement of grading activities in areas containing wetland habitat. Pubhs usc-and related facile development for areas r pose or natural o n— ive Dark uses within e pper awa ewporter Knoll, Bay View Landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological re- sources. To this end, facility plans and public uses for these areas shall be prepared in consultation with a qualified biolo- gist who shall determine that such plans and uses do not ad- versely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). If necessary, additional environmental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new, significant adverse impacts are identified, addi- tional mitigation measures shall be adopted. XGrading, earthmaving, and any related construction related to residential development and associated ments on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and Newporter North - No grading (exeept that necessary for trail establishment and improvements, erosion control, bluff stabilization or prepara- tion of the development area), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top -setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shalt encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place within the 40 foot property tine setback area estab- lished by the Bluff Top Setback Ordinance except that ru ces- Implementing Method of Timing of Responsible Action Verification Verification Person Condition of Standard CEQA Prior to approval of Environmental approval; standard compliance review public facility plans Coordinator CEQA compliance for natural open space/passive park areas Condition of Plan check; Prior to grading Planning/Building approval field inspection permits for Upper Dept. plan checkers; Castaways, San Die- grading inspector go Creek South,Bay View Landing and Newporter North 7 MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACEAGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person nary for trail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area; or below the lessor of the 60 foot elevation contour or a line 100 feet from a formally delineated wetland in John Wayne Gulch freshwater marsh. Bay View Landing- no grading, stockpiling of soil or operation of equipment shall encroach into the hill- side above the 25-foot contour of the lower development area. Prior to grading and/or constructing any public Condition of Plan check Prior to grading Planning/Building cility on the San Diego Creek North site which will encroach approval permits for San Dept. plan checkers, into the on -site freshwater marsh, the City of Newport Beach Diego Creek North ACOE/USFWS/- (or other public agency responsible for development of the DFG public facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands. This plan shall re- flect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either mating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. elopPrior to grading and/or constructing any residential Condition of Plan check Prior to grading Planning/Building ment or associated improvement on the Upper Cast- approval permits for Upper Dept. plan checkers; aways site which will encroach into the on -site freshwater Castaways ACOE/USFWS/- marsh, the applicant or successor in interest shall prepare and DFG begin implementation of,a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affect- ed wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an exist- ing freshwater marsh in or near the Upper Newport Bay Eco- logical Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issu- ance of a grading permit. Prior to grading and/or constructing any residential Condition of Plan check Prior to grading Planning/Building lopment or associated improvement on the NcU2g= approval permits for Newpo- Dept. plan checkers; North site which will encroach into tl?ron-site-hwater rter North ACOE/USFWS/- ma"' sh, t�hc applicant or successor in interest shall prepare and DFG begin implementation of a.plan which shall offset the foss of wetlands. This plan shall reflect all mitigation requirements of 0 MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure any State or Federal agency having jurisdiction over the affect- ed wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an exist- ing freshwater marsh in or near the Upper Newport Bay Eco- logical Reserve. A copy of the plan and all related permits shall be presented -to the City of Newport Beach prior to issu- ance of a grading permit. Wb Development on the San Diego Creek South site e designed so as to reduce the amount of light and glare wccould potentially spill over into the wetland habitats of Bonita Creek and San Diego Creek and which could also im- pact the functioning of these crecks as wildlife corridors. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings, use of lighting systems which conceal the light source and minimize light spillage and glare; screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen spe- cies which, when mixed, achieve canopy and understory of elements to provide as much screening as possible. The site plan and landscape plan for this edge shalt be prepared in consultation with a City -approved, qualified biologist. The site plan and landscape plan shall be approved by the City Planning Department prior to issuance of building permits. Prior io commencing grading, all wetlandsrhabitat in intended for preservation shall be temporarily fenced. This measure shall pertain only when grading, stock -piling, or other construction activities are proposed within 100 feet of (he boundaries of the wetland area. A plan identifying the wetland area and the location of the fencing shall be submitted to the City of Newport Beach prior to issuance of any grading permit. Implementing Method of Timing of Responsible Action Verification Verification Person Condition of approval Condition of approval Plan check Prior to building permits for San Diego Creek South Plan check Prior to grading Permits for any development within 100 feet of a wetland area Planning/Building } Dept. plan checkers Planning/Building "� 1 Dept. plan checkers; i Grading Engineer MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure This measure shall apply to thq ^t.,...,�w"'g N"rhm LOOOONF)wportcr Knoll, Bay View Landing, Upper Castaways, San iego Creek South and San Diego Creek North sites. Reve- getation of cut and fill slopes, bluff stabilization/remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of develop- ment of residential, public facilities, or recreational areas) shall be accomplished with nlar� *+arches containing mcdominant1y native species. Steeper slopes (greater than 2:1) shall be_revc- -getatca wit a mixture of coastal sa scrub ding California sae brush w ,c now dominates coastal sage scrub u by Calrfomia gnatcatehers. Portions of more level areas shalt be revegetated with species of native perennial grasses in an attempt to establish native grassland. An expert in land- scape mvegetation, who is knowledgeable -and qualified in na- tive plant mixtures shall provide consultation into the prepara- tion of landscape plans to ensure that this measure is complied with. Landscape plans shall be aporovcd by the —My Planning De rtment rior to issuan rmits for private evelopment or commencement of grading for public facilities and public recreational uses. All non -emergency grading related to bluff stabili- e,'d7m mediation on the Newporter North and Bay View sites shall occur during the non -breeding season for the California gnatcatcher. The non -breeding season is from August 1 to January 31. Prior to approval of site plans or subdivision and/or approval of a park development plan (whichever comes first), the City shall retain a biologist to further assess the potential for human and pet intrusion into the coastal sage scrub habitat supporting the California gnatcatcher population. This assessment shall be at the cost of the developer if related to site plans or subdivision, or at the cast of the City if related to the park development plan. If the level of expected intru- sion is mnsidered to be of sufficient magnitude to significantly impact the California gnatcatcher populations on site, mitiga- tion measures shall be designed and placed as conditions on the project to reduce the impact to the extent feasible. Such design and operational measures could include perimeter feno- Implementing Method of Timing of Responsible Action Verification Verification Person Condition of Plan chcck; submittal Prior to building Planning/Building approval if biological report permits for private— Dept. plan checkers by applicant development or prior to-.. dinPfor, public facilities adja- cent to sensitive abita'� t areas in kwporter North, Nevrporter Knoll, Bay View Landing, Upper Castaways, San Diego Creek North or San Diego Creek South Condition of Plan check; Prior to grading Planning/Building approval inspection permits for Newpo- Dept. plan checkers•, rter North or Bay grading inspector View landing Condition of Plan check Prior to site plan/ Planning/Building approval tentative map or Dept. plan checkers park development plan approval 10 MCITGATTON MONITORING PROGRAM SUMMARY, cont. CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure ing, homcowner and community educational programs about the potential impact of cats on wild birds, programs for trap- ping and removing problem animals. The City of Newport Beach shall consult with the rtation Corridor Agency prior to final design and ap- proval of any public facility or recreational facility on the San Diego Creek North site to determine feasible design and land- scaping measures which will avoid interfering with the viability of the San Diego Creek Northern Marsh Creation site as wild- life habitat. If the Bayview, Way extension is not extended across the site, a landscaped buffer area will be provided be- tween any recreational or public facility uses and the Marsh Creation project site. At the time of adoption of a parcel/subdivision map the San Diego Creek South Site, the property line/develop- ment area boundary shall be established at a minimum of 20 feet from the toe of the existing slope adjacent to Bonita Creek. This distance, in combination with the required build- ing setback of 5 feet, will create a minimum 25 foot buffer from Bonita Creek The precise details of any revegetation / replacement gram will be developed in conjunction with review and approval of design and grading plans -when the exact nature and extent of impacts are known. Any, such programs will be subjected to full environmental review pursuant to CEQA. Consultation with all interested and affected resource agencies will occur as part of formulating and evaluating revegetation programs. Given recent successful mwegetation programs in Orange County, such as those conducted in Crystal Cove State Park, it is fully reasonable to expect that a properly prepared revegetation program will be successful in mitigating impacts. Implementing Method of Timing of Responsible Action Verification Verification Person Condition of Plan check Prior to final design Planning/Building approval approval for any Dept. plan checkers, public or recreation- Public Works Direc- at facility on San tar Diego Creek North Condition of Plan check Prior to tentative Planning Dept. plan approval map approval for checker, Subdivision San Diego Creek Engineer South Condition of Plan check Prior to site plan Planning Dept. plan approval; CEQA approval or grading checker, Environ- compliance pemtits mental Coordinator LS�3dza 11 MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Method of Action Verification Timing of Verification Responsible Person Prior to the issuance of a grading permit for the /.d rter North site, the project shall contribute Condition of Plan check Prior to grading Planning/Building proponent 01up to SI0,000 to complete an Upper Newport Bay Coyote Mo. approval permits for Dept. plan checkers; nitoring Study, to be conducted under the direction of the U.S. Newporter North USFWS Fah and VViIdlife Service. The study shall be completed orior to the commencement oP gradingng• lilt -Rudy gathering data to esta is apre nstruetionbaselinemeasure- ment of the number and frequency of coyotes using the lower portion of Upper Newport Bay in the vicinity of the Newporter North site. If, after commencement of construction, it is demonstrated by the U.S. Fish and wldlik Service that there has been a signifi- cant decrease in the population of coyotes in the vicinity of the Newporter North Site, due solely to development of the site, and, this decrease in coyote population has had a detrimental effect on sensitive bird species in the am, the project propo- nent shall contribute up to 525,000 toward an animal manage- ment program to be administered by the Resource Agency managing the Upper Newport Bay Ecological Reserve. Earth Resources Faulting and Seismicity Buildings four stories in height or higher shall be *Oud' Condition of Plan check Prior to building Building Dept. plan ed in accordance with requirements for seismic zone 4 as approval permits for any checkers ed in Chapter 23 of the Uniform Building Code and/or structure of 4 or with the benefit of a site specific seismic ground response spec. more stories trum study which would be prepared by the project geotechn- ical consultant and structural engineer to allow matching of building period with site period. The structural plans and/or ground response study shall be completed to the satisfaction of the Building Department prior to issuance of a building permit. Buildings Tess than four stories in height shall be Condition of Plan check Prior to building Building Dept. plan geed by a Structural Engineer in accordance with UBC approval permits for strut- checkers apter 23 requirements for Seismic Zone 4. Non -critical tunes with fewer than structures shall be designed to withstand strong ground shaking 4 stories that may accompany a ma>amum probable earthquake along 12 MITTGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT' AND OPEN SPACE AGREEMENT Mitigation Measure the Newport -Inglewood Fault. Critical structures (i.e., hospi- tals, fire/police facilities, schools, etc) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport -Inglewood Fault. Struc- tural plans, including seismic design alculatiom/parameters, shall be approved by the City Building Department prior to issuance of building permits. Habitable buildings shall not be placed adjacent to Xor rbelow) slopes or bluffs where seismic induced slope failure could occur. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Development Policy D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint conceming bluff/slope instability during an earthquake. Areas potentially prone to such failures shall be identified and further evaluated by the project Geotechnical Consultant during the Tentative Tract Map review and Grading Plan review stage. The evaluation shall be prepared to the satisfaction of the Building Depart- ment prior to the issuance of grading permits. Grading and building plans shall reflect the recommendations of the evalu- ation to the satisfaction of the Building Department. In accordance with the Alquist-Priolo Special Studies e Act, a Registered Geologist shall further evaluate and make recommendations regarding the potential for ground surface rupture effecting proposed development on -sites where 'Potentially Active Faults" have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the fu- ture. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to ap- proval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the mc- ommendations of the study to the satisfaction of the Building Department. Implementing Method of Timing of Responsible Action Verification Verification Person Condition of Plan check Prior to tentative approval map approval or grading permits Condition of Plan check Prior to tentative approval map approval or grading permit 13 Building Dept. plan checkers Planning/Building Dept, plan checkers MITIGATION MONITORING PROGRAM SUMMARY, coot. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure uefactiom Sites where the potential for liquefaction has been ntifted, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engi- neer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Any necessary diversion devices, catchment devices, (; or lociry reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet fiow runoff away from areas which have been stripped of natural vegeta- tion. Velocity reducers shall be incorporated into the design, especially whom drainage devices e3dt to natural ground. All rill slopes shall be property compacted during ding in conformance with the City Grading Code and veri- red by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Confor- mance with this measure shall be verified by the City Grading &ginecr prior to the issuance of occupancy pemtits. Implementing Action Condition of approval Condition of approval Condition of approval 14 Method of Verification Plan check Plan check Plan check Timing of Verification Prior to grading permits Prior to grading permits Prior to grading permits Responsible Person Building Dept plan checker Building Dept. plan checker Building Dept. plan checker Al MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT' AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Action Method of Verification Timing of Verification Responsible Person Berms and brow ditches shall be constructed to the Condition of Plan check Prior to grading Building Dept. plan sfaction and approval of the City Grading Engineer. Water approval permits checker shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future rill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of ding permits. ' Prior to the issuance of grading permits, appropriate Condition of Plan check Prior to grading Building Dept. plan arti 'at substances shall be recommended by the project land- approval permits checker pe arehitett and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas' shall be covered with artificial substances approved by the City ' Grading Engineer. Drainage of both surface and subsurface water over Condition of Plan check Prior to tentative Building Dept. plan o oward the bluffs on the Upper Castaways and Newoorter approval map or site plan checker North sitcssha"Aminimized. Though some drat�nage of approval for Upper rainwater over the bluff face cannot be avoided, drainage con- Castaways or Newp• trol devices shall be designed to direct excess water from site orter North improvements away from the bluff face. Irrigation shall_be_ sontmlled to prevent erceaive infiltration into the subsurface The project Civil Engineer shall design grading plans to mini- mize surface runoff over the bluff faces. The project Geot- echnicalConsultant shallp 'de recommendations to minimize_ subsurface water migration toward the bluff faces prior to approval of Tentative Tract maps or site plans. All design criteria for the control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff and Slope Instability The project geotechnical consultant shall review the Condition of Plan check Prior to grading Planning/Building to live tract map and grading plan for each site and prepare approval permits Dept. plan checkers a report addressing all satient_geotechnical issues related to bluff and slope stability of any ndsting bluff or slopes. These 15 El MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure reports shall include. 1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory test- ing results; 3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grad- ing plan; 4) conclusions•, 5) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engi- nor to issuance of a grading permit. Prior to the issuance of grading permits, the Project geot nical consultant and/or civil engineer shall make written recommendations for manufactured slope stabilization includ- ing, but not limited to, buttressing, rock bolting, grouting, slope gradient Iaybacks, or retaining walls. All necessary recommen- dations shall be included in the grading plan to the satisfaction of the City Grading Engineer. Though the City has established a Bluff Setback Cnt 'a for development on the top -of -bluff (Development Policy D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Beach Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instabili- ty. Prior to issuance of grading permits, appropriate safe bluff top setback recommendations shall be determined by the pro- ject Gcotcchnical Consultant based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Engineer. During grading a geotechnical consultant shall mon- o grading operations to ensure that recommendations for slope instability mitigation are implemented. Additionally, the geotechnical consultant shall evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unan- ticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department. Implementing Action Condition of approval Condition of approval Condition of approval 16 Method of Verification Plan check Plan check Field inspection Timing of Verification Prior to grading permits Prior to grading permits During grading Responsible Person Planning/Building Dept. plan checkers Planning/Building Dept plan checkers Grading inspector MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person Prior to i55oance of building permits, the geotechn- Condition o[ Plan check Prior to budding Planning/Building consultant sfiall prepare a Rough Grading Report and As- approval permits Dept. plan checkers Graded Geotechnial Map for each graded site at the comple- tion of grading of that site. The Report shall summarize and document compliance with ell mitigation measures, the Rough Grading Report shall include a statement regarding the ade- quacy of the manufactured slopes for their intended use and a statement regarding the adequacy of the recommended bluff setbacks. The report shalt be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be appro- ved by the City Grading Engineer. Compressible/Collaps,rt 'ble So �y Prior to the issuance of grading permits, written A Condition of Plan check Prior to grading Planning/Building endations for the mitigation ofcompressibte/collapsible approval permits Dept. plan checkers potential for each site shall be provided by the geotechnial consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of ap. proval for the site -specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recom- mendations shall be baud on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressi- ble/collapsible zones, fill surcharging and settlement monitor- ing, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnial consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. Expansive/corrosive Sod Written recommendations for the mitigation of ex- rnd Condition of Plan check Prior to building Planning/Building corrosive soil potential for each site, shall be pro- approval permits Dept. plan checkers vihe projectcorrosion consultant, geotechnial consul- tant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall 17 MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measum be incorporated into final building plans prior to issuance of building permits. The geotechnical consultants site -specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. Surface Groundwater The pmject geotechnical consultant and/or civil engi- nee all prepam written site -specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding neassur- face groundwater and the potential for artificially induced grou- ndwater as a result of future development, and the effects groundwater may have on etdsting or future bluffs, slopes and structures. The =ports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewatering is recommended. The geotechnical consul- tant and/or civil engineer's reports shall be signed by a Certi- fied Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engi- neer prior to issuance of a grading permit. All recommenda- tions of the reports shall be incorporated into the grading, site, and building design to the satisfaction of the City Grading Engineer and City Engineer. Water Resources Water Quality Prior to the issuance of grading permits, the appli- ean hall provide to the Building and Public Works Depart- ments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the -plans shall be submitted to the Cityvs Planning Department. Implementing Action Condition of apprroval Condition of approval lu Method of Verification Plan check Plan check Timing of Verification Prior to grading permits Prior to grading permits Responsible Person Planning/Building Dept. plan checkers; City Grading Engi- neer, City Engineer Planning/Building Dept. plan checkers; Public Works Direc- tor MITIGATION MONLTORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT ' Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person Prior to the issuance of grading permits, the appli- Condition of Plan check; Prior to grading Planning/Building t shall incorporate the following erosion control methods approval field inspection permits Dept. plan checkers; into grading plans and operations to the satisfaction of the City grading inspector Grading Engineer and Building Department. %000'a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. *0b. Air -borne and vehicle-bome sediment shall be con- trolled during construction by. the regular sprinkling of exposed soils; and the moistening of vehicles loads. C. As approved material such as rip rap (a ground 'cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrated runoff. /. During the period of construction activity, existing vegetation which will be retained on -site shall be protected from traffic by the use of fences. If ap- propriate, buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alter- native and/or supplementary method to protect against sediment buildup. -$ s Prior to the issuance of grading permits, the project Condition of Plan check; Prior to grading Planning/Building technical consultant and/or Civil engineer shall develop a approval field inspection permits Dept. plan checkers; ,.elan for the drversioo_o�t, omtwater away from anv. cxoosed grading inspector slo during-g-ading-and mnstructiop,,, actr�ties. The plan shall include the use of temporary rightof--way diversions (i.e., berms or swales) located at disturbed areas or graded rightof. ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. The applicant shall provide a temporary gravel en- Condition of Plan check; Prior to grading Planning/Building t located at every construction site entrance. The location o approval field inspection permits Dept. plan checkers; of this entrance shall be incorporated into grading plans prior grading inspector to the issuance of grading permits. To reduce or eliminate 19 MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the en- trance, and its length shall be no less than fifty feet. The en- trance plans shall be reviewed and approved by the City Engi- neer and Grading Engineer concurrent with review and approv- al of grading plans. Tie applicant shall construct filter berms or other Condition of Plan check, Prior to grading Planning/Building proved device for the temporary gravel entrance. The berms approval field inspection permits Dept. plan checkerr, shall consist of a ridge of gravel placed across graded right -of. grading inspector ways to decrease and filter runoff levels while permitting con- struction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. During grading and construction, the applicant shall t?ehmalb Condition of Plan check; Prior to grading Planning/Building We a temrwmry sediment basin located nt the mint o[ approval field inspection permits; during Dept. plan checkers; test runoff from anv construction arca. The location of grading grading inspector asin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drain- age. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utili- ties or roads. The plan shall be reviewed and approved by the City Grading Engineer. Prior to issuance of grading permits, the applicant or Condition of Plan check; field Prior to grading Planning/Building su r in interest shall 9re are plan for a rovap lb he approval inspection permits Dept. plan checkers; City of Newport Beach Grading Fngineerefozjt c con � oG attidc sspilLg-litter ind soli waste disposal during grading City Grading Engi- and constzgctron. Fidsting policies and standards of the City of meet, grading(bui4 din g inspectors Newport Beach and Fire Department shall be incorporated. The plan shall be implemented as necessary during grading and Any recorded CC&Rs shall incorporate mandates to Condition of Plan check Priot to occupancy Planning/Buildin; imeownefs Associations, commercial properties manage- approval permits Dept. plan checker; and apartment management companies regarding Fertilizer/Pesticide/Herbidde manage- ment practices 20 r MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT' AND OPEN SPACE AGREEMENT Mitigation Measure Irrigation Management Practices Street sweeping requirements. vacuum truck, fall cleaning, etc, Signage and catch basin stencil mainte- nance. Annual distribution of informational bro- chures (see Mitigation Measures #77). These mandates shall be reviewed and approved by the City of Newport Beach nrior to issuance of occuoanev hermits_ Implementing Method of Timing of Responsible Action Verification Verification Person 7 . / The City of Newport Beach, homeowners associa- Condition of and commercial and apartment property management approval companies shall. maintain legible stenciling on any catch basin that they maintain. Stenciling shall use selected letters and/or symbols approved by the City of Newport Beach notifying the reader that the catch basin drains to the Newport Bay and to warn against dumping. — — Brochures (such as the'Nonpoint Source Pollution' Condition of ures published by the Orange County Flood Control approval rict) shall be distributed at the time of initial sale or lease of'residential and commercial properties. These brochures shall include a discussion of: Impacts of improper solid waste practices and littering. Proper use and management of fertilizers, herbicides and other harmful chemicals. Impacts of dumping oil, antifreeze, pesti- cides, paints, solvents, etc. into storm drains. - Effective housekeeping practices such as use of biodegradable cleaning compounds and adsorbents. - Benefits of preventing excessive erosion and sedimentation. - Benefits of proper landscaping practices - Benefits of minimizing non-stormwater runoff or adverse impacts of over -irriga- tion. 21 Plan check; field Prior to tentative Planning/Building inspection map or site plan Dept. plan checkers; approval Public Works inspec- tor � Plan check Prior to occupancy Planning/Building gamuts Dept. plan checkers MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Mitigation Measure Action These brochures shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permits. Drainag2gVatterns Prior to issuance of a grading permit, the master Condition of plans of ester, sewer and storm drain facilities shall be ap• approval d by the City Engineer. Any systems shown to be re- quired by the review shall be the responsibility of the develop- er, unless otherwise provided for through an agreement with the property owner or serving Agency. PROJECT SITES 51. All sites shall be mitigated pursuant to Council Poli- Condition of Where further testing or salvage is required, the appli- approval cant shall select a Gtvaooroved qualified amhaeologist [o excavate a sample of the site. All testing and salvage shall be Inn u nor to issuance of trading permits or use of an area for recreational purposes. A written report summa to the 52. 1 The applicant shall donate all archaeological materi- Condition of al, oric, or prehistoric, recovered during the project, to a approval agWnstitution which has the proper facilities for curation, dis- play and study by qualified scholars. All material shalt be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based,aa.a,irmmmendation from the qualified arohacol2st. Any excavation of a site located within the Coastal Condition of e of more than two surface meters of dirt shall require a approval MA Method of Timing of Responsible Verification Verification Person Plan check Prior to grading Planning/Building permits Dept. plan checkers, City Engineer Plan check; Prior to grading Planning/Building field inspection permits; during Dept, plan checkers; grading grading inspector Review by archaeo/-Qtobuilding Planning/Building paleo monitor Dept. plan checkers Plan check Prior to grading Planning/Building permits MITIGATION MONITORING PROGRAM SUMMARY, cant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person coastal development permit prior to commencing the excava- Dept plan checkers; tion. All provisions of the California Coastal Commission Coastal Commission guidelines shall be complied with. UPPER CASTAWAYS Prior to any grading related to development of the Condition of Plan check Prior to grading Planning/Building If trail system, open space uses or bluff stabilisation which approval permits on Upper- Dept. plan checkers could impact CA-Ora-19 and CAOra-186 on the Upper Cast- Castaways aways site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and pre -historic archaeology) to determine site integrity, extent and significance. The methodology of the tut excavation shall re- flect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be pre- pared detailing all findings and recommendations and submit- ted to the Planning Department within 90 days of completing tut excavations. VIEW LANDING L Pri or to issuance of a grading permit, CA-Ora-1098 Condition of Plan check Prior to grading Planning/Building all be surtax collected and subjected to tut excavations by a approval permits on Bay View Dept. plan checkers ty approved archaeologist to determine site integrity, extent Landing I and significance. A report shall be prepared detailing all find- ings and submitted to the Planning Department within 90 days of completing test excavations. Prior to grading for the new park, the project spon- eehall Condition of Plan check Prior to grading Planning/Building rear retain a City approved archaeologist to conduct a approval permits on Bayview Dept. plan checkers surface collection and subsurface test excavation of CA-Ora-66 Landing o determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing tat excava- tions. or Prior to grading for the view park, the project spon- Condition of Plan check Prior to grading Planning/Building sor shall retain a City approved archaeologist to place a, tat approval permits on Bay View Dept. plan checkers unit on top of the knoll on the Bay View Landing site in the Landing A, MMGATION MONirORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure area containing shell scatter, to determine if the shell is mpre- sentative of it subsurface archaeological deposit. A report shall be prepared detailing all finding and submitted to the Plan- ning Department within 90 days of completing the test exca- vation. NORTH ff 58. " Prior to the use or development of the open space %_ar� for passive recreational uses, CA-Ora-51 and CA-Ora-518 `MMhe Newporter North site shall be surface collected and sub- jected to test excavations to determine site extent and signif- icance. A re Pshall ibe Ore rcd detailingall findi d submitte to win 90 days of com- 'ng test excavations. 59. 7cwond.ct o the issuance of a grading permit, the appli- n a surface collection of the eastern extension hich would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a city a aeolo 's A report shall e prepared detailing all findings of the surface collection and submitted to the Planninz Department within 90 days of com- ng the surface collection. 60. Prior to the issuance of grading permits, the appti- hall conduct a data recovery of program CA-Ora-64 on t c NewporteI North site. The Prozram shall be conducted by 61. Prior to issuance of a grading permit for residential Eminent or any bluff stabilization, a qualified archaeologist review grading and drainage plans to determine if there are any indirect or direct impacts to CA-Ora-51, 52 and 518. If impacts am identified, test excavations shall be conducted to �4ictermine site extent, integrity and significance. A rt sh lx nrenate dn.tttn�tt. gnatngs and submitte to the Plan. ning Department within 90 days of completing text ex�ravat Qw Implementing Action Condition of approval Condition of approval Condition of approval Condition of approval 24 Method of Verification Plan check Plan check Plan check Plan check Timing of Verification Prior to grading permits for open space areas on Ne- wporter North Prior to grading permits on Newpo- rter North Prior to grading permits on Newpc • rter North Prior to grading permits on Newpo- rter North Responsible Person Planning/Building Dept. plan checkers Planning/Building Dept. plan chicken Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers MITIGATION MONITORING PROGRAM SUMMARY, writ. CIRCULATION IMPROVEMENT' AND OPEN SPACE AGREEMENT Mitigation Measure e RTERXNOI.L Prior to any grading or use of the site, the City shall surface collection of archaeological material present p of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and bound- aries. One unit shall be placed in the recorded area of CA- Ora-50 to determine if a portion of the site still exists. A re- port shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection test excavation. BLOCK B00 Prior to the issuance of a grading permit a qualified C approved archaeologist shall conduct a surface collection of CA-Ora-136 on the Block 800 site and subject the site to test excavations to determine site extent and significance. A tut unit shall also be placed in the northern portions of the parcel to determine if a subsurface midden is under the as- phalt and trash. A report shall be prepared detailing all find- ings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PLAZA WISr Prior to the issuance of a grading permit, a City ap- eitn qualified archaeologist shall dig post holes in the areas ingg surface shell on the Corporate Plana West site to determine if the shell represents subsurface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of com- plcting subsurface testing. Prior to the issuance of grading permit, the surface n r the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground disturbance. A report shall be pre- Implementing Method of Timing of Responsible Action Verification Verification Person Condition of approval Condition of approval Condition of approval Condition of approval 25 Plan check Plan check Plan check Plan check Prior to grading permits on Newpo- rter Knoll Prior to grading permits on Block 800 Prior to grading permits on Corps rate Plaza West Prior to grading permits on Corpo- rate Plan West Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers Planning/Building Dept plan checkers Planning/Building Dept. plan checkers MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person pared detailing all findings and submitted to the Planning De- partment within 90 days of completing the surface examination. FREEWAY RESERVATION Prior to issuance of a grading permit for the north- ed Condition of Plan check Prior to grading Planning/Building lopmcnt area (Lot 2), a City approved qualified ar- approval permits on Lot 2 of Dept. plan checkers chaeologist shall examine the surface of areas previously identi- Freeway Reservation tied as CA-Om-216. The examination shall be conducted after removal of brush but prior to grading. A report shall be pre- pared detailing all findings and submitted to the Planning Dc- partment within 90 days of completing the surface examination. tofogy 67. Prior to the issuance of grading permits, a collection Condition of Plan check Prior to grading Planning/Building plan all be prepared and implemented by a City approved. approval permits on Bay View Dept. plan checkers died Paleontolordcal monitor for known exposed fossil Landing, Newporter ' localities on Bay View Landing, Newporter North, and Upper North and Upper Castaways. Because of the small nature of some fossils present Castaways in these rock units, matrix samples shall be collected for pro- cessing through fine mesh screens. The collection plan shalt be re 'awed and a roved by the Planning Department. Prior to the issuance of grading permits, the appli- 00meils Condition of Plan check Prior to grading, Planning/Building 1l make provisions for the preparation and cuntion of approval permits Dept. plan checkers ' possibly recovered from the sites during grading. This shalt be done in a manner approved by the City s Planning Department. t Prior to the issuance of grading permits, the appli- Qpmf Condition of Plan check Prior to grading Planning/Building r'II identify a repository approved by the Cif sPlanninapproval permits Dept. plan checkers ent which shall rettm all fossi6 collected from the E 70. Cliff faces along Upper Newport Bay that have Condition of Plan check Prior to grading Planning/Building serve as a reference section for micro-paleontologicat studies apprcvael permits affecting Dept plan checkers be protected from alteration. If bluffs along Newport bluffs - Bey need to be altered for bluff stabilization purposes, detailed 26 MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the compara- tive study and sampling. A report shall be submitted to the Planning Department within 90 days. Implementing Method of Timing of Responsible Anion Verification Verification Person Public Services and Utilities I.aw Enforcement The project proponent shall work in conjunction with Condition of Plan check Prior to building .h City of Newport Beach Police, Department to ensure that approval >xn^'� 'me prevention features are included in building design and construction. The City of Newport Beach Police Department shall review all site plans and access plans. Prior to issuance of grading permits for the develop- Condition of Plan check Prior to grading men ices, the applicant shall be responsible for preparation of approval Permits aster Plan of Utilities. The Master Plan of Utilities will determine any necessary expansion of facilitiesand/g;,.pny modifications des or extensions_ to_ the ci shng-mter sys eYms resulting t om th'u-roj& All necessary expansions of Cacilities and or upgrades or ertensions of existing water sys- tems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits: ter or to issuance of grading permits, the developer Condition of Plan check Prior to goading Will 'de a Master Plan of Utilities facilities for the onsite approval permits lopment in order to determine the exact necessary modill cations or extensions to the existing sewer systems, if needed. All necessary expansions of facilities and/or upgrades or exten- sions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current dis- 27 Dept. plan checkers; Police Dept. Planning/Building Dept. plan checkers; City Engineer Planning/Building Dept. plan checkers; City Engineer MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENP AND OPEN SPACE AGREEMENT Mitigation Mcasure trict or City policies dictate otherwise. The Plan shall be re- viewed and approved by the City Engineer prior to issuance of grading permits. I and Use Prior to approval of a site plan review for the Upper to ys site, the applicant or successor in interest shall pro- vid d'de uce that they have consulted with the Newport Har- bor Lutheran Church regarding the design of the residential development. Design issues to be addressed include, but are not limited to: parking, access, location and placement of struc- tures, directional signage, and landscaping. F.\-.\CIOSA\MM-TBL Implementing Method of Timing of Responsible Action Verification Verification Person Condition of Plan check Prior to site plan Planning Dept. plan approval approval for Upper checker Castaways y COASTAL COMMUNITY BUILDERS May 2, 1996 Mr. Marc Myer Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach CA 92663-3884 Re: Coyote Use of Upper Newport Bay and Adjacent Urban Areas Dear Mr. Myer: This letter confirms that the above reference report (attached) is the most current version available. Any subsequent revisions will be forwarded to the City of Newport Beach upon their completion. If you have any questions concerning the above, please call me at (714) 720-2129. Sincerely, Norman E. Witt, Jr. Vice President Land Development u:\userUtalpem\wperf\letters\city 550 Newport Center Drive, P.O. Box 6370, Newport Beach, California 92658.6370 • (714) 720-2410 A Division of The Irvine Company COYOTE USE OF UPPER NEWPORT BAY AND ADJACENT URBAN LAND AREAS' A PROGRESS REPORT TO: The Irvine Company CONDUCTED BY: Department of Wildlife, Humboldt State University Arcata, CA. 95521 PREPARED BY: J: Shane Romsos and Richard T. Golightly Jr. May 1995 ' The work included in this report is work in progress, and should be referenced as tentative. Abstract This report summarizes work that was conducted from 28 September 1994 through 10 May 1995 on coyote home range size and use of urbanized coastal wetland environments at northwestern Orange County, California. Coyote radio -locations and sign (tracks and scat) were observed throughout the Upper Newport Bay area. Coyote use of the sites was not limited to coastal wetland environments, and extended into a variety of urban land parcel types. Preliminary home range size estimates using the Adaptive Kernel and Minimum Convex Polygon methods varied and ranged from 5.8'to 59.1 and 3.9 to 30.2 km2, respectively. Extensive coyote movements were limited to night and early morning hours in areas with low or absence of human presence. Introduction The coyote (Canis latrans) is a common member of the carnivore community in natural ecosystems of southern California. Coyotes have been observed using open spaces within the southern California urban landscape. These open spaces, particularly coastal wetlands, have been reduced as the human population of southern California expanded. The remaining open space, especially coastal wetlands, has become a critical habitat for many native species, including endangered species such as the light-footed clapper rail (RalIUs longirostris levi es and the least tern (Sterna antillarum) (Zembal 1993). Although the coyote is not an endangered species, the persistence of local populations is important because they play an integral role as a top predator in southern California coastal wetland ecosystems. The introduction of non-native predators, such as the red fox and feral cat, into open spaces in urban Orange County is significant because red fox and feral cat are known to consume native wildlife species (Hubbs 1951, Eberhard 1954, Golightly et al. 1994) and are implicated in the decline of endangered and threatened species (USFW and USN 1990). These non-native predators may cause additive mortality pressures on native wildlife that were not present prior to the arrival of Europeans. Evidence from several studies suggests that the distribution and abundance of smaller canids (and other small predators) may be limited by the direct competition with larger species of canids (Johnson and Sargeant 1977, Voigt and Earle 1983, Sargeant and Allen 1989, Major and Sherburne 1987, Sargeant et al. 1987). Sargeaht and Allen (1989) found that coyotes aggressively dominate encounters with red foxes and also pursue and kill red foxes and feral cats (also Romsos, unpublished data 1995). Red foxes avoid coyote inhabited areas, apparently to reduce encounters with coyotes and possible injury or death (Voigt and Earle 1983, Major and Sherburne 1987, Sargeant et al. 1987). According to Korschgen (1957) and Johnson and Hansen (1979), coyotes rarely impact native bird populations, but instead feed mostly on rabbits, rodents, and opportunistically on smaller predators and omnivores. Thus, the continued presence of coyote populations in these areas of critical habitat may protect threatened and endangered species by reducing the impact of introduced predators (Soule' et al. 1988). Maintenance of coyotes at Upper Newport Bay is dependent on both the continued survivorship and reproduction of the present population of coyotes and the preservation of connections to other areas of open space with other coyote populations. Coyote use of open space in the wild is well documented (Bekoff 1977, Andelt and Gipson 1979, Andelt 1981, Laundre and Keller 1981, Springer 1982, Voigt and Earle 1983, Windberg et al. 1985, Roy and Dorrance 1985, Sargeant.et al. 1987, Koehler and Hornocker 1991, Paquet 1991). Although anecdotal information exists on coyote presence at Upper Newport Bay, nothing is known about how they use this open space or how the adjacent urban environment is used to connect them to other coyote populations outside coastal wetland environments. The consequence of development of upland habitat around Upper Newport Bay (and other southern California coastal wetlands) on coyote use of the bay (or other coastal wetlands) for travel, forage and reproduction is also unknown. In general for carnivores, the bigger the animal, the less its population density or the larger its home range (Eisenberg 1980, Calder 1983). Thus, coyotes (one of the larger carnivores in natural coastal wetland ecosystems such as Upper Newport Bay) probably occur in few numbers. Although environmental factors such as fogd, water, and cover are necessary for the survival of an individual, the long term survival of a small population may require connections to other population for genetic exchange (Beier 1993). Furthermore, connections to other patches of suitable habitat may provide a species access to more abundant resources, reduced susceptibility to environmental catastrophes, and provide routes for dispersal and immigration (recolonization) (Noss 1991). Thus, connections to other patches of habitat may assist in maintaining the viability of a small population residing in a fragmented patch of suitable habitat such as Upper Newport Bay. Accordingly, our study objectively examined coyote populations at Upper Newport Bay (UNB), and with the assistance of the United States Fish and Wildlife Service also examined populations at Bolsa Chica Ecological Reserve (BCER), and Seal Beach National Wildlife Refuge/Weapons Station (SBNWS), California. Our objectives specifically were to demonstrate coyote use of various land parcel types that exists at these sites, locate den sites, and identify travel routes. The purpose of this progress report is to summarize field data collected for the project from 28 September 1994 through 10 May 1995 with a particular emphasis on work completed at Upper Newport Bay. Study Area The three study sites are coastal and include Upper Newport Bay (UNB, to include the San Joaquin Marsh at University of California, Irvine property), Bolsa Chica Ecological Reserve (BCER), and Seal Beach National Wildlife Refuge\Weapons Station (SBNWS, to include Los Alamitos Armed Forces Reserve Center) located in northwestern Orange County, California (Appendix A). Each of these sites has been identified as critical nesting habitat for the endangered California least tern and year- round habitat (UNB and SBNWS) for the light-footed clapper rail (USFWS and USN 1990). The area of each site differs and the degree of development surrounding each site is distinct. In general, the sites are predominantly urban (ranging from 0-16 dwelling or business units/hectare) with a few open spaces interspersed throughout. Adjacent open spaces include: agriculture fields, parks, golf courses, flood channel and powerline corridors, and undeveloped lands. The shortest linear distance between SBNWS to BCER to UNB is approximately 2 km and 14 km, respectively. Much of Orange County is located in the southern California coastal plain and has a Mediterranean climate'characterized by wet winters and dry summers. Rainfall to date was greater than average and measured 53.lcm (Irvine Ranch Water District unpub. data, NOAA 1994). Mean temperatures ranged from 13.30 C in January to 22.90 C in August with an annual mean temperature of 17.80 C. Methods Trapping Coyotes were captured using 93 "soft -catch" leg hold traps (Victor Trap Co., Lititz, Pa.) in order to attach color coded, radio transmitter collars (model 400, Telonics Inc., Mesa, AZ.), and attach color coded ear tags. Sex, age estimate (adult or juvenile), weight, ectoparasite load, and general condition was assessed from each trapped coyote. Traps were set at study sites, where no public was expected- to influence trapping. Radio Telemetry Coyotes with transmitters were located with a portable receiver (model TR-4, Telonics Inc., Mesa, AZ., or model ICH-16, ICOM, Osaka, Japan) and a 2 or 3-element hand-held Yagi antenna. Coyote location estimates were determined by biangulation or triangulating on the source of strongest signal from two or three different identifiable map locations (<I km from collared animal); all bearings were collected within a six minute period. Exact animal locations were based on a positive visual recognition of tagged coyotes or by circling (from < 50 meters) around the source of a strong signal. Each coyote location was plotted to the nearest 20-m grid intersection on a 1:24,000 USGS topographic or orthophotographic map using the Universal Transverse Mercator (UTM) coordinate system. We used point add sequential sampling of radio locations to produce home range estimates and to identify travel patterns (Laundre and Keller 1981, Gese et al. 1990). A point location was a singular radio location in time, where as sequential locations were several radio locations collected over a relatively short duration of time (eg. 4 hours). Coyotes were sequentially monitored for at least one hour and no greater than 8 hours continuously, with most monitoring bouts lasting for 4 hours. One set of sequential locations was referred to as a single monitoring bout. Because coyotes are predominately active at night (Laundre and Keller 1981), relocation of an individual occurred approximately every 15 minutes during night hours and < 30 minutes during daylight hours. Because of traffic and other urban hindrances to our movements, relocation of coyotes sometimes required more time than 15 minutes. Both point locations and monitoring bouts were obtainedto represent all hours of the day and night. To provide movement activity information, the linear distance traveled between each sequential location was calculated during each monitoring bout. Home range and land parcel use by coyotes was determined by obtaining at least two independent point locations per week per coyote and at least two independent monitoring bouts per month per coyote unless the animal left the study area (Table 1). The TELEM computer program ( K. McKelvy, Redwood Sciences Lab, Arcata, CA) was used to generate Adaptive Kernel (AK) (Whorton 1989) and Minimum Convex Polygon (MCP) (Mohr 1947) estimates for home range size. Home range estimates were identified using the 95% probability contour for AK and 100 % area for MCP. The number of locations used for each coyote's home range estimate were the sum of all point locations and the first and twelfth locations of a monitoring bout. We considered the first and twelfth locations to be independent because Swihart et al. (1988) calculated the "time of independence" for coyote movements as 3.5 hours. The "time of independence" is the time necessary for an animal to traverse its home range. For our dataset, the duration of time from the first to the twelfth location from a monitoring bout was about 3.5 hours. We tested for independence of each coyote radio location dataset using Schoener ratios (Schoener 1981, Swihart and Slade 1985), which measures autocorrelation (independence) between radio locations (Table 1). Different features of the urban landscape, such as residential, flood channel, parks, etc., were categorized as different land parcel types (Appendix B). A land parcel is any contiguous area containing similar landscape characteristics (i.e. vegetation complexes, structures, man-made features or influences) with distinct boundaries (fence, road, or obvious vegetation/physical differences). For each radio location, a land parcel type category was recorded and the level of human presence on that land parcel type was noted. When a radio -collared coyote could not be located, both aerial and extensive automobile searches were conducted. A fixed -winged, airplane equipped with one or two 2 element yagi antennas was used for aerial searches. Aerial searches were conducted by systematically flying transects that bisected the study area and suspect areas at 304 to 609 m elevation. Automobiles were equipped with a dipole antenna allowing an efficient coverage of an area via the extensive network of city streets. Track Stations A track station is an area (-1 m2) where the dirt was sifted into fine particles in order to record the tracks of coyote and other mammals. Sifted dirt was approximately 2 cm deep for consistent track impressions among track stations. Track stations (similar to those described by Linhart and Knowlton 1975) were place along transects that were distributed throughout UNB to determine coyote use. Track stations were spaced at approximately 0.2 km (dependent on available tracking media). All track station locations were visited once a day for five days (sampling session) after initial set-up. 'All track stations were treated with four drops of coyote urine (a known coyote attractant) when established and refreshed daily with one drop during the sampling session. Coyote tracks were discriminated from dog and fox tracks based on: the coyotes unique pad shape (Murie 1954, Brown 1983), pad impression size range (front pad --6.35 cm (L) x 5.4 cm (W), back pad -6.03 cm (L) x 5.1 cm (W)), fecal droppings (scat) and digging and claw scratch markings. Because of the potential of multiple visits by the same individual at a track station, coyote detections were reported as a ratio, where, the number of station with coyote detections / total number of track stations, for a sampling session. Scat were also collected during track station sampling and opportunistically while walking transects throughout the study to provide evidence of coyote use of an area. To provide seasonal use information, only fresh scat (malleable, dark in color) were collected. Scat was collected in re -closable plastic sandwich bags, labeled with a date, control number, location, and collector then stored in a freezer. Infrared Camera To provide time of day use information by coyotes at UNB, an infrared camera device is currently in use. The camera emits an infrared beam of light across suspect travel route or den entrance. When the beam of light is broken, the camera is activated, releasing the shutter and flash. Each photo that is recorded is labeled with the time and date. Den Sites Den sites are an important component in coyote population dynamics (Pyrah " 1984). Pyrah (1984) found den areas to serve not only as pup rearing sites but also as rendezvous locations that are used exclusively by a family social group sometimes year after year. Thus, den locations may indicate urban land features that are essential for a coyote's reproductive success. Den sites were located when female radio -collared coyotes exhibited a noticeable decrease in land area use during March and April. Areas of concentrated use were walked with a radio -telemetry receiver to locate den sites. Den sites were identified by receiving a strong signal from a suspect burrow (with physical parameters that would accommodate a coyote) or presence of coyote tracks, or scat. Den sites where also located via anecdotal reports from residents of Newport Beach and verified by our personnel. Den site surveys were conducted using exploratory searches through thick vegetation along knolls and bluffs at UNB. Investigation of den sites is ongoing at the time of this report. Once occupancy is identified, den sites will be described in terms spatial relation to human activity (residential zones, city streets, freeways, bike paths, etc.), land parcel type, and microsite variables. 10 Results Trapping Trapping was conducted from September 1994 to November 1994 (resulting in 6 collared coyotes) and April 1995 (resulting in 5 collared coyotes) (Appendix Q. A total of 11 (6 males, 5 females) coyotes were captured which included 5 juveniles and 6 adults. Four of the I 1 coyotes (I male, 3 females) were trapped at UNB. Each trapped, radio - collared coyote appeared to be in good condition and was released unharmed. Radio Telemetry Home range estimates were calculated for all collared coyotes from 28 September 1994 to 10 May 1995 (Table 2). A total of 228 point and 1190 sequential locations (93 monitoring bouts) were recorded for 11 animals. Mean home range size as estimated by the AK method (95% probability contour) for male (n=6) and females (n=5) was 17.10 ± 7.00 (mean ± SE) and 22.92 ± 18.34 km2, respectively. Mean home range as estimated by the MCP (100% area) method for males and females was 7.45 ± 2.3 and 14.46 ± 11.7 km2, respectively. The time of day distribution of radio locations was not equal (Figure 1). Radio -collared coyotes at UNB made extensive use of UNB with locations recorded at tidal salt marsh and upland bluff sites. However, the greatest number of radio locations by coyotes at IINB were recorded along the heavily vegetated upland bluff/wetland interface. In general, coyote use of the sites was not limited to coastal wetland environments and extended into a variety urban landscape features (Table 3). Land parcel types that were used in coyote home ranges included: 1) parks and 11 golf courses 2) natural communities (areas of open space with intact biotic assemblages, includes wetlands and estuaries, vegetated salt flats, fresh water marshes, tidal salt marshes(included are oil drilling fields], park nature centers, upland coastal sage scrub habitats), 3) flood channels (ranging in size of 1.5m to 80m in width), 4) fallow/ruderal vacant fields or undeveloped lots (airfields, grasslands, military land holdings and disturbed lands), 5) agriculture lands (at military land holdings), 6) undeveloped, vegetated beach strands, 7) freeway corridor buffers (characterized with thick shrub vegetation), 8) residential areas (ranging from 0 to 10 dwelling units/hectare, characterized with "green -ways", which were linear paths through residential areas that were either manicured grass or shrubs) 9)d'evelopment sites (construction in progress), and 10) utility corridors (Table 3). Extensive movements by coyotes (distance traveled >1 km during a monitoring bout) were observed at night and sometimes extended into early mornings when human presence on any one land parcel type was low to non- existent. Little or no movement by coyotes was observed during daylight hours when increased human presence was detected. Four coyotes (2 adults, 1 male and 1 female: 2 juveniles, 1 male and 1 female) left the areas associated with their capture locations several months after capture. The location of 2 males (I from SBNWS, 1 from BCER) is currently unknown after extensive searches were conducted by air and ground; efforts continue to find these animals. The destination of one female (SBF1) was detected during an aerial search and was 12 km from its capture location. This animal is currently being monitored at its present location along the side of a freeway corridor (91 freeway near Pioneer Blvd. in the city of Artesia, 12 CA.). The most reasonable routes of travel that SBF1 would have taken to get to her present location would have been through areas of concentrated urbanization. The other coyote's (UNF1) departure route was monitored. This travel route was 12 km and comprised a variety of land parcel types and included: flood channel, fresh water marsh (San Joaquin Marsh), grasslands, residential areas characterized with "greenways", perimeter of a school campus (University of California, Irvine), land under development wti (San Joaquin Hills Transportation Corridor at Ford St. and MacArther St.), upland coastal sage scrub habitat with moderate relief, and a undeveloped beach strand. This route was completed in 2 days. Prolonged stationary behavior (<1 day) was observed in a canyon characterized with thick vegetation and surrounded by residential land types during this coyotes one-way movement. T1iis coyote has made two round-trip excursions utilizing this route since its capture. Track Stations One track station session was completed from 31 January to 4 February 1995 that included 21 track stations. A total of 27 coyote detections were recorded in 105 track station days (21 track station x 5 days). Fourteen of 21 track stations (67%) registered coyote tracks during the sampling session. Detections occurred throughout UNB with most detections recorded along the west shore. No red fox detections were recorded. Greater than average rainfall prevented earlier attempts at conducting track station surveys. However, coyote sign (scat and tracks) were detected during the fall season (October through December 1994) while trapping and walking transects along perimeter of UNB. Forty scat samples were collected at UNB (Table 4). Although scats have not 13 been processed for food babit analysis, gross examinations of scat indicate that coyote feed predominately on small rodents or lagomorphs with some evidence of plant material, trash (plastic), house cat and bird feathers (probably American coot, Fulica Americana). Den Sites To date, six den sites have been located at two of the study sites (BCER and UNB) with 2 dens at BCER, 4 dens at UNB. Five of these den sites were located in natural or fallow land types in areas where human presence is low to non-existent and/or thick vegetation predominates, 1 den was located in a natural land type with thick vegetation that borders an exclusive Golf Course (Big Canyon Country Club) and residential land types. Additional den site surveys are currently in progress. Discussion Radio Telemetry The home range of a mammal is commonly defined as "that area traversed by the individual in its normal activities of food gathering, mating, and caring for young" (Burt 1943). Home range utilization by coyotes in our study was found to vary both spatially and in the use of land parcel types (Tables 2 and 3). Our preliminary results indicate that coyotes overall home range size can be extensive regardless of age or sex. This may be explained by the patchy availability of open space, social grouping, prey distribution, or transient behavior. Coyotes captured at BCER and UNB in general had a noticeably smaller home range size than coyotes at SBNWS (Table 2). The area of contiguous open space at BCER and UNB was less than SBNWS sites. Unlike the patchy availability of open space at UNB and BCER, the secured open space at SBNWS was relatively 14 contiguous and homogeneous and surrounded by dense residential land parcel types (13- 16 dwelling units / hectare). This relationship may explain the observed differences in home range size between the sites. A future question to be tested will be the relationship of the patchiness of open space to the spatial use of a coyote's home range. The majority of land area at SBNWS is regularly cultivated both for agriculture and to reduce ground cover for security reasons (L. Barnett pers. comm., USN at Seal Beach, Natural Resources Office). This land management practice may be detrimental to prey species and others that require cover (Fahrig and Merriam 1985, Bennett 1990, Merriam and Lanoue 1990, Verboom and van Apeldoorn 1990). Compared to UNB and BCER the overall prey density at SBNWS was presumed to be lower with more dense prey populations limited to undisturbed sites. Coyotes at this site may have to traverse more area to acquire prey and thus, may also explain the large home range size for coyotes at SBNWS. Coyotes at BCER, UNB and SBNWS were observed in groups of individuals > 2 but < 4, and may represent social groups. Social groups are probably parent(s) and young (Bekoff 1977). Bowen (1981) attributed group size of coyotes as a function of prey size; where large groups where formed when large sized prey were readily available. He also noted an increased feeding efficiency in larger group sizes of coyotes. Thus, the area traversed by a social group should be small relative to "transient" individuals. Three coyotes were not observed to be affiliated with other coyotes and may be "transients" (Table 2). This observation is not unusual as Ozoga and Harger (1966) noted sighting of individuals as common. White et al. (1994) found that transient coyote home ranges 15 were significantly larger fhan those of coyote social groups. These three coyotes had the largest home range size (Table 2). Coyotes used open space extensively regardless of land parcel type (Table 3). However, areas that provided cover (natural and fallow categories characterized with tall vegetation > 1 m) or with low human disturbance factors (military land holdings, night hours) were used more frequently by coyotes (Table 3). Use of residential areas by coyotes was limited and residential land types appear to serve as barriers when not adjacent to open space or if "greenways" are not available within the residential land' type (Table 3). In locations where "greenways" are not included in a residential landscape, flood channels and utility corridors served as connections to other areas of open space. The successful movements by two coyotes out -of their usual area of use indicates that it is possible for coyotes to navigate through the urban environment to other apparently suitable sites. However, the suitability of these destination sites remains to be ascertained (Van Horne 1983). We considered the AK estimates in this report to be the maximum likelihood of area used by these coyotes. The AK method selects a smoothing parameter that extrapolates the land area traversed by an animal based on the number of radio locations input into the estimate (Whorton 1989). Areas with a low concentration of radio locations have higher smoothing parameter values than areas with a high concentration of radio locations, and thus are smoothed more. It is apparent from our data that coyotes made extensive use of available open space (Table 3). The effect of the AK estimate on coyotes using a heterogeneous urban environment is that areas that are not available or 16 not used are included in fhe home range estimate. Therefore, estimates produced by the more conservative MCP method, where only the outer most radio locations of the home range are used to calculate the estimate, are more appropriate for describing the boundaries of coyote home range (Table 2), and descriptions of their size. Track Stations Mammal tracking techniques are valuable in determining the relative abundance and distribution of species as they relate to given habitat variables (Linhart and Knowlton 1975, Rapheal and Barrett 1981, Rapheal 1984, Rapheal and Barrett 1984, Rosenberg and Rapheal 1984, Fowler and Golightly 1993). However, track and scat information does not assess the quality of habitat (Van Home 1983) but may describe land parcel types that are used for travel, foraging and reproduction. Thus, efficient techniques used to monitor coyote in areas of concern may provide land managers tools necessary for following population trends. Because of the relatively short distance between track station on a transect, the same individual coyote may have been detected > 1 times. Thus, it was more appropriate to describe coyote detection spatially in terms of the number of track station with coyote detections. Track stations where no coyotes were detected were adjacent (-10 m) to a heavily used bike path. Although track stations were placed in "no access" areas, human foot prints were frequently recorded and may have obscured the detection of coyote. The radio -collaring of two additional coyotes at UNB reduces the necessity of conducting additional track station surveys. Radio -telemetry provides time of day use and generally is considered more "data rich" thantracking techniques. However, 17 transects will continued fo be walked in order to collect scat, search for den sites and assess the efficacy of this technique to monitor coyote populations in the future at UNB. Den Sites The location of some den sites was facilitated by radio -telemetry. We would not have been unable to find these den sites without radio transmitters. Radio -collared coyote dens were located on private land holdings in thick vegetation. If these are common characteristics selected by urban coyotes, then location of additional dens may require intensive searches. Provisioning areas with thick cover and low levels of human presents may prove beneficial to the reproductive success of coyotes in urban environments. is 0 Literature Cited Andelt, W.F. 1981. Habitat use by coyotes in southeastern Nebraska. J. Wildl. Manage. 45(4):1001-1005. Andelt, W. F., and P. S. Gipson. 1979. Home range, activity, and daily movements of coyotes. J. Wildl. Manage. 43(4): 944-950. Beier, P. 1993. Determining minimum habitat areas and habitat corridors for cougars. Cons. Biol. 7(1)94-108. Bekoff, M. 1977. Canis latrans. in: Mammalian species No. 79, The American Society of Mammalogist. pp. 1-9. 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Manage. 47(4): 893-901. Verboom, B., and R. vanApeldoom. 1990. Effects of habitat fragmentation of the red squirrel. Sciurus vulgaris. Landsc. Ecol. 4:171-176. Voigt, D.R. and B.D. Earle. 1983. Avoidance of coyotes by red fox families. J. Wildl. Manage. 47(3):852-857. White, P.J., K. Rails, R. A. Garrot. 1994. Coyote -kit fox interactions as revealed by telemetry. Can. J. Zool. 72:1831-1836. 23 Whorton, B. J. 1989. Kemal methods for estimating the utilization distribution in home range studies. Ecology 70:164-168. Windberg, L.A., H.L. Anderson, and R.M. Engeman. Survival of coyotes in southern Texas. J. Wildl. Manage. 49(2):301-307. Zembal, R. 1993. The need for corridors between coastal wetlands and uplands in southern California: In. Interface Between Ecology and Land Development in California. J. E. Keeley (ed.) Southern California Academy of Science, Los Angeles. pp. 205-208. 24 I Table 1. Capture date, period tracked, sex. and Schocncr ratios (Schocncr 1981, Swthart and Slade 1985) for I I coyotes radiotracked at northwestern Orange County, California, 1994-95. Schocncr Period Tracked Sex BCFI 11/4/94 Nov. 1994 - Current F 2.1043 BCM 1 9/28/94 Sept. 1994 -Feb. 1995 M 1,9542 SBFI 11/4/94 Nov. 1994-Mar. 1995 and Mav 1995 - Current F 0.2044' SBM 1 9/29/94 Sept. - Dec. 1994 M 1.7884 SBM2 4/23/95 Apr. 1995 - Current M 1.3373 SBM', 4/23/95 Apr. 1995 - Current M 1.799 SBM4 4/24/95 Apr. 1995 - Current M 2.9371 UNFI 11/10/94 Nov, 1994-Current F o.38181 UNF2 1 1/11/94 Nov. 1994 - Current F 1.2842 UNF3 4/14/95 Apr. - Current F 2.078 UNMI 4/13/95 Apr. - Current M 1.9459 J Tests for independence of animal movements (between an observation at time t and t+l) by calculating the ratio of the mean squared distance between successive observations (t) divided by the mean squared distance from the center of an animals activity (r). Schocncr values that arc between 1.6-2.4 are considered adequate t' Low Schocncr rati Table 2. Number of radio -telemetry locations by monitoring method and home range estimates using the Adaptive Kernel (AK) and MinimmnrConvex Polygon methods for radio -collared coyotes at northwestern Orange County, California, October 1. 1994 - May 10, 1995 # Locations used # Point # Sequential Locations Total # to calculate home AK 95% MCP Coyote Sitca Locations (# Movement Bouts) Locations range contour 100% Area Female BCF I BCER 31 187(17) 218 55 6.9 4.7 SBFId SBNWS 20 209(15) 228 43 32.6 30.2 UNFI"' UNB 40 199(19) 239 68 59.1 28 UNF2 UNB 62 293(19) 355 97 6.1 54 UNF3 UNB 1.-1 38(3) 51 18 9_9 4 Mean 22.92 14.46 Standard Error 18.344 11.712 Male BCMI" BCER 10 114(9) 124 25 8.1 4.1 SBMId SBNWS 7 66(3) 73 13 23.4 13 SBM2 SBNWS 6 26(2) 32 7 21.5 7.6 SBM3' SBNWS 9 12(1) 21 11 27.4 7.7 SBM46 SBNWS W 12(l) 22 12 16.4 8.4 UNMIb UNB 16 50(4) 66 23 5.8 3.9 Moan 17_10 7.45 Standard Error 7.00 2.3 T UNB is Upper Newport Bay, BCER is Bolsa Chica Ecological State Reserve, SBNWS is Sall Beach Naval Weapons Station. b Coyote age estimated as juveniles ` Number of locations used for home range estimate was the sum of all point locations and the first and twelfth locations or monitoring bout. a Possibly transient 26 r Table 3. Total number or coyote radio locations recorded by land parcel type at northwestern Orange County, California from September 1994 - May 1995. Fallow/ Under Flood Park/Golf Total Coyote Natural Ruderal Cultivated Development Channel Residential Course Others Locations Fcnmlc BCFI 122 CO a 24 0 0 12 0 218 SBFI" 34 7 132 0 2 0 14 40 229 UNFIb 51 (t 0 S 4 37 7 129 236 UNF2 295 1 U 3 38 4 12 2 355 U'NF33 51 U 0 b 0 0 0 0 51 Total 553 68 132 35 44 41 45 171 1089 Male BCW 106 5 (t 8 (I 0 5 It 124 SBMI` l (1 38 (t 27 0 0 2 73 SBM2' 10 4 (t 2 (t 1 15. 32 SBM34 0 7 2 0 (t 0 9 3 21 SBM4° 0 17 5 U 0 (t 0 0 22 UNMI 65 0 0 0 0 1 0 0 GG Total 177 39 49 8 29 1 IS 20 338 Grand Total 730 107 181 43 73 42 60 191 1427 Animals captured in April 1995. Animals have departed from their respective sites and current location is known. ` Animals departed from respective sites and current location is not known. Land parcel type includes airfields, school campuses, industrial zones, beach strands, freeway corridors, utility corridors, ctc. 27 Table 4. Total number of coyote scat deposits collected by location at northwestern Orange County, CA., Sept. 1994 - May 1995. # Scat Deposits Site Location Collected Upper Newport Bay Big Canyon G Crystal Cove State Park Reef Point 2 East Biuff/Backbay Rd. 16 Eastern Bluff 3 Irvine Co. Development Site 9 San Joaquin Marsh 21 West Shorc 6 Total 63 Bolsa Chien Ecological Reserve Wetlands ? Edwards St. Bluff 13 Shipley Nature Center (Huntington Central Park) I C Total 32 Scal Beach Naval Weapons Station North Area G -South Area 4 Total to 28 7', eN. Appendix A: Regional, vicinity and location maps of Upper Newport Bay, Bolsa Chica Ecological Reserve, and Seal Beach Naval Weapons Station/Wildlife Refuge, Orange County, California. \ „ $AN GABRIEL YOUMT/.INSI ,\ SAN BERNAROINO ANGELES NATIONAL FOREST VENTURA 1 COUNTY COUNTY —�-- A 40 `\ RIVERSI E .c10 , EL CO. ORANGE \ COUNTY AREA Region ENLARGED ( _. Vcinity AREA ENLARGED G.e Gnla YONTERET II BARK r I IOS ANGELES O RON ,YII.L E w,Nu.. (glNp. wNTTER 1bl a Km /' OOwREv, LYNw000 — COMETON � NORWALK TORM EI LONGJZQAL W,bR R.t fY. l EEnLN SEAL �� LFn08..cn tEACK Lo. wroo,� ��ly SURfsIOE N me FM YGNnW AngY G.I. SMSETOEACM f Lpnlnw.. LIEnInwN MAYAL W 4fOMt fT.T W N - SEAL SEACN A tfAL tUCN MATKIIYL wILMIFE IIEf t NUNTINGTOM Location _10 FULLERTpI AMAMEIY uN.,I.rM I NEMORT BEACH YNER KEWVORT BAY Appendix B. Definition of land parcel types.a Natural/Preserved - An area (>100m2) that consist of native or exotic vegetation that is not manipulated by man. Land areas typically contain visually significant ridgelines, biotic communities of high significance, geologic constraints (cannot be developed) and cultural constraints. Land area is typically characterized as a preserve or refuge that provides ample cover for animals and human activity was minimal during all hours of the day and night. Under Development - An area (> I OOm2) that is currently influenced by human disturbance in the name of growth; including any type of earth -moving, structure and road construction. Land area is typically free of vegetation. Human activity was typically high during day and -minimal during night hours. Fallow - An area (>100m2) previously cultivated or contoured with earth -moving equipment, but has been undisturbed long enough to allow plant growth to extend beyond 0.5 meters tall. Vegetation growth may be homogeneous or heterogeneous and may provide cover for animals. Land area is typically privately owned and is surrounded with fencing. Human activity is expected to be minimal during day and night hours. Residential - An area consisting of structures in which human beings inhabit. Provides for varying intensities of residential land uses (i.e. number of dwelling units per gross hectare). Human activity is expected to be greater during daylight hours that extend into dawn and dusk and considerable lower during medial night hours. Park/Golf Course/Recreational - An area of private or public land, with walks, 31 playgrounds, ponds, sand traps, etc. for recreation. Land area characterized by manicured grass, with intermittent woody growth. Typically characterized by human activity during daylight but absent during night hours. Cultivated - An area (>100m2) that is in preparation for or is currently growing an agricultural commodity; characterized by crop rows. Also includes land parcels that are plowed to control for weed growth. Human activity was low to moderate during early morning and daylight hours and absent during night hours. Flood Channel - An area, linear in shape, that normally serves as a drainage for sometimes great volumes of water (dependent on the width of the bed) during wet season but usually carries slow moving water or is waterless in the dry season. Includes drainage's that are man-made in structure. Flood channels on the study site vary in width, vegetation presence, bed type (dirt vs. cement), water carrying capacity, and public access. These variables will be assessed at the conclusion of telemetry data collection. Other - An area of land that is not included in the above mentioned categories. May include: beaches, airfields, school campuses, utility corridors, industrial zones, etc. The level of human activity will vary with land use. Because of the complexity of identifying all land categories, land parcel types that fall in the "other" category were identified during radio telemetry data collection according to that land use (i.e. if a coyote fix is located on a beach strand, it will be identified as such). The importance of land parcels types in the "other" category will be considered during the final analysis of the study. 32 a Definition of land parcel types are partially adapted from the City of Irvine General Land Use Planning Scheme. 33 CONDITIONS OF APPROVAL/1VIITIGATION MEASURES %�\ OF ENVIRONMENTAL DOCUMENT UApproval of all applicable Mitigation Measures within the monitoring program %00 CNB shall provide adequate parking necessary for bluff top park Lower portions of SJHR slope shall be stabilized in a manner acceptable to the Grading Engineer and the Public Works Department Provide a temporary barrier to prevent intrusion of grading beyond 60' contour above J Wayne Gulch. Revegetation of manufactured slope shall be planted in native coastal sage scrub vegetation. Provide a 6' high fence along the edge of the residential lots at the top of the manufactured slope with a design that will decrease noise from the development effecting are wildlife. The detention basin shall be divided into cells which shall be maintained and cleaned periodically, A manual for maintenance guidelines shall be prepared prior to issuance of grading -Approved by Planning, Public Works, Calif dept of Fish and Game and U.S. Dept of Fish and Wildlife. Prior to removal of any coastal sage scrub -obtain approval from U.S. fish and /9001* Wildlife Service, Calif Dept of Fish and Game, County of Orange- adherence shall be provided in writing prior to issuance of grading. Removal of any coastal sage scrub shall be done outside the breeding season of the Calif Gnatcatcher-All removal, clearing and grading shall occur between August 15 and February 10 only. Snow Fencing/silt fencing shall be installed in areas that shall not be impacted as 6'* well as within 10' of the edge of bluff. A City approved Biological Monitor shall be present during all coastal sage scrub removal and grading/clearing adjacent to any coastal sage scrub. � Removal of any Coastal sage scrub shall be done from east to west so that the Cal Gnatcatcher is able to disperse. After slope stabilization measures are completed coastal sage scrub Revegetation plans shall be implemented -the revegetation/restoration plan shall be approved prior to issuance of grading. }�4� Locate proposed bluff trail along the vicinity of the existing footpath to minimize / wetland impacts. Provide wetland buffers consistent with CIOSA Agreement and Cal Dept of Fish and Game, and the Coastal Commission. Apply revegetation/restoration recommendations as specified in minutes and approved in the revegetation/restoration plan. 1� Retain a City approved Biologist to further estimate the potential for human and oepet intrusion into the coastal sage scrub habitat that may effect the gnatcatcher population on the site. Mitigation Monitoring Program Requirements (SATISFIED PRIOR TO GRADING) 1. Post bond for all frontage improvements listed in Table B of EIR 2. Provide Acoustical Analysis Report which outlines exterior noise levels and acceptable interior noise level standards. Incorporate sound attenuation measures specified in report into design of project, including all freestanding acoustical barriers illustrating height, location, and construction. Approval and any necessary permits from the Dept. Of Fish and Game. 4. Approval and any necessary permits from the U.S. Army Corps of Engineers. No grading, stockpiling, or operation of equipment shall take place within the bluff -top setback area established by the blufftop setback ordinance. (Within the 40' property line setback area) -except for trail establishment. 6. Provide plan and any necessary permits which are required to offset the loss of wetlands or any work that will encroach into the on -site freshwater marsh. 7. All wetlands habitat in areas intended for preservation shall be temporarily fenced when any activity is proposed within 100' of the wetlands area. 8. All grading work shall occur during the non -breeding season for the California 9. Provide detailed plan of any revegetation/replacement program stating the exact nature and extent of known impacts and will be subject to environmental review pursuant to CEQA 10. A contribution shall be made in the amount of $10,000.00 to complete an Upper Newport Bay Coyote Monitoring Study under direction of the U.S. Dept of Fish and Wildlife Service. 11. Identify areas prone to top bluff/slope instability during an earthquake and further evaluated by the project geotechnical consultant. The evaluation shall be prepared to the satisfaction of the Building Dept. 12. Provide haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation 13. Provide a temporary gravel entrance at all site entrances 14. Select a City approved archeologist to excavate a sample of the site then produce a written report summarizing the findings of the testing and recovery program. 15. Applicant shall donate all archeological materials recovered during the project to a local institution which has the proper facilities for curation and display approved by the Planning Department. 16. Coastal Commission approval is required 17. Provide a report prepared by a city approved archeologist detailing all findings of the surface collection of the eastern extension of CA- Ora-100 which would be impacted by grading. 18. Provide a report detailing all findings from surface collections and test excavations in determining site extent and significance regarding CA-Ora-51 and CA-Ora-518 19. Provide a report detailing all findings from a conducted data recovery of program CA-Ora-64. 20. Provide a report prepared by a qualified archaeologist detailing all findings regarding any indirect or direct impacts to CA-Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted. 21. Provide a collection plan prepared and implemented by a City approved paleontologist monitor for known exposed fossil localities, matrix samples shall be collected for processing. 22. Provide provisions for the preparation and curation of all fossils recovered from the site during grading. 23. Provide/identify a city approved repository which will receive all fossils collected from the sites. 24. If any bluff alteration occurs a report shall be prepared and submitted by a City approved paleontologist conducting a comparative study of detailed measured sections made before and after any alteration. FINAL (Adopted by the City Council August 241 1992) EXHIBIT 'A-! FINDINGS AND CONDITIONS FOR APPROVAL CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT ENVIRONMENTAL IMPACT REPORT NO. 148 DEVELOPMENT AGREEMENT NO. 6 TRAFFIC STUDY NO. 82 AMENDMENT NO. 763 AMENDMENT NO.764 AMENDMENT NO. 765 AMENDMENT NO.766 AMENDMENT NO. 767 AMENDMENT NO.768 AMENDMENT NO. 769 AMENDMENT NO.770 A Environmental Impact Report No. 148 Findin s• 1. That a Program Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental -effects to a level of insignificance, except in the areas of Aesthetics/Light and Glare, Biology, and Public Services and Utilities, and that the remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Final Findings and Conditions - CIOSA Page 1 Mitigation Measures: hetics/Light and Glar ✓1. In conjunction with site plan review, the project proponent shall prepare a detailed temporary grading and landscape plan for the bluff top setback area for the purpose of minimizing bluff erosion. If graded slopes from a development area extend into the bluff top setback area, as proposed by the PC Text, the project proponent shall prepare detailed final grading and landscape plans for the bluff top setback area. The plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. Tra n sD o rt at I (in-LCLrkinl 01 ✓2. The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received. under the Development Agreement to make improvements and to monitor the status of those improvements. The list of improvements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely manner. Flexibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is maintained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annual Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. ✓3. The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B of the Program BIR. Air Qualily ✓4. All grading related to the project shall be conducted in accordance with SCAQMD Rifle 403. This mitigation measure shall be made a condition of all grading permits related to the project. X After clearing, grading, earth moving, or excavation operations while construction activities are being conducted, fugitive dust emission shall be controlled using the following procedures: • Graded sections of the project that will not be further disturbed or worked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind erosion. Final Finding and Conditions - CiOSA Pale 2 • Graded sections of the project which are undergoing further disturbance or construction activities shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. >/. During grading and construction activities, the applicant shall further control fugitive dust emissions using the following measures: • On -site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on -site roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffic shall be periodically watered. • Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent accumulations of excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. Office and commercial development on the Corporate Plaza West and Bay View Landing site shall also participate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Department prior to issuance of occupancy permit. ✓,g. Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. ✓9. Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to final design and construction of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus turnouts or shelters will be required. ✓10. All development shall include street and security lighting (in parking Iots and pedestrian walkway areas) which is, energy conserving. A lighting plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. ✓111 Residential, commercial and office development shall be landscaped With an emphasis on drought resistant plant species which will shade buildings and reduce Final Findings and Conditions - CIOSA Page 3 water and energy consumption during the summer. A landscape plan shall be submitted for all development which demonstrates compliance with this measure, The plan shall be reviewed by the Planning Department and approved by the Department of Public Works prior to issuance of an occupancy permit. Noise ]2. The applicant shall ensure that all residential lots and dwellings are sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoning regulations and submitted as follows: �A Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the City's Advance Planning Manager for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. v� Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical reports) have been incorporated into the design of the project. ✓C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projects plot plan illustrating height, location and construction in a manner meeting the approval of the City's Advance Planning Manager. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning // Director to verify compliance with STC and TIC design standards. '/13. All non-residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be submitted to the Manager, Advance Planning in the form of an Final Fndinp and Conditions - QOSA Pap 4 Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated // into the design of the project. Y14. All freestanding acoustical barriers shall be a berm, wall or combination berm and wall. Walls shall not contain holes or gaps. Walls shall be constructed of slumpstone or other masonry material. Final acoustical barrier heights and locations shall be determined when final grading plans are developed showing lot locations, house/building setbacks and precise pad elevation. Biological Resources V115. Pursuant to Section 1601-1603 of the State of California Fish and Game Code, the California Department of Fish and Game shall be notified of any alterations to streambed habitats. The applicant or any successors in interest shall be responsible for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek South, Upper Castaways, Newporter North, and Freeway Reservation sites which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Game and obtain any necessary permit prior to the issuance of a grading permit. Copies of proper notification and necessary Hermits shall be rovided to the City of Ne ort Beach 'or to issuance of a gradin errmt The City of Newport each shall be responsible for notifying the Department of Fish and Game regarding any grading related to any public improvements {e.f trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space, public facilities, and/or parks which would alter streambed habitats. The City of Newport Beach shall notify the Department of Fish and Game and obtain any necessary permits prior to commencement of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pursuant to Sections 1601-1603 may require additional mitigation measures deemed necessary by the Department. ✓16. Wetland delineation studies in accordance and conjunction with the California Department of Fish and Game and U.S. Army Corps of Engineers permitting processes shall be performed for any wetland which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conducting the wetland delineation studies for wetlands impacted by residential development or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associated improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or any successor in interest shall be responsible for conducting the wetland delineation study. The City of Newport Beach shall be responsible for conducting the wetland delineation studies for wetlands impacted by any public improvements/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall occur at the time specific Final Findings and Conditions - CIOSA Page 5 site plans and grading plans are available and prior to issuance of any grading permits or commencement of grading activities in areas containing wetland habitat. A. Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Castaways, Newporter North, Newporter Knoll, Bay View Landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological resources. To this end, facility plans and public uses for these areas shall be prepared in consultation with a qualified biologist who shall determine that such plans and uses do not adversely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). If necessary, additional environmental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts are identified, additional mitigation measures shall be adopted. ✓18. Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Nenorter North sites shall be restricted as for �Iockpjlin of soil or o eration of e 1 ment snan IaKC puce Wlnllll Ule UIUu LV �e+hawk area establis ed by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place below the existing 60 foot elevation contour surrounding the John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25-foot contour of the lower development area. .�9 Prior to grading and/or constructing any public facility on the San Diego Creek North site which will encroach into the on -site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the public facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. ✓l0. Prior to grading and/or constructing any residential development or associated improvement on the Upper Castaways site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new Find Findinya and Conditions - CIOSA Pays 6 freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. ✓21. Prior to grading and/or constructing any residential development or associated improvement on the Newporter North site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. V2. Development on the San Diego Creek South site shall be designed so as to reduce the amount of light and glare which could potentially spill over into the wetland habitats of Bonita Creek and San Diego Creek. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use of lighting systems which conceal the lightsourceand minimize light spillage and glare; screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen species which, when mixed, achieve canopy and understory of elements to provide as much screening as possible. The site plan and landscape plan for this edge shall be prepared in consultation with a City -approved, qualified biologist. The site plan and landscape plan shall be approved by the City Planning Department prior to issuance of building permits. v6. Prior to commencing grading, all wetlands habitat in areas intended for preservation shall be temporarily fenced. This measure shall pertain only when grading, stock- piling, or other construction activities are proposed within 100 feet of the boundaries of the wetland area. A plan identifying the wetland area and the location of the fencing shall be submitted to the City of Newport Beach prior to issuance of any grading permit. V14+. This measure shall apply to the Newporter North, Newporter Knoll, Bay View Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Revegetation of cut and fill slopes, bluff stabilization/remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of development of residential,, public facilities, or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be revegetated with a mixture of coastal sage scrub species including California sage brush which now dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be revegetated Final Findings and Conditions-CIOSA Page 7 with species of native perennial grasses in an attempt to establish native grassland. An expert in landscape revegetation, who is knowledgeable and qualified in native plant mixtures shall provide consultation into the preparation of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreation- al uses. ✓25. All non -emergency grading related to bluff stabilization/remediation on the Newporter North and Bay View Landing sites shall occur during the non -breeding season for the California gnatcatcher. The non -breeding season is from August 1 to January 31. Earth Resources Faulting and Seismicity ✓26. Buildings four stories in height or higher shall be designed in accordance with requirements for seismic zone 4 as outlined in Chapter 23 of the Uniform Building Code and/or with the benefit of a site specific seismic ground response spectrum study which would be prepared by the project geotecluucal consultant and structural engineer to allow matching of building period with site period. The structural plans and/or ground response study shall be completed to the satisfaction of the Building Department prior to issuance of a building permit, ✓y[, Buildings less than four stories in height shall be designed by a Structural Engineer in accordance with UBC Chapter 23 requirements for Seismic Zone 4. Non -critical structures shall be designed to withstand strong ground shaking that may accompany a maximum probable earthquake along the Newport -Inglewood Fault. Critical structures (i.e., hospitals, fire/police facilities, schools, etc.) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport -Inglewood Fault. Structural plans, including seismic design calcula- tions/parameters, shall be approved -by the City Building Department prior to issuance of building permits. vlk Habitable buildings shall not be placed adjacent to (above or below) slopes or bluffs where seismic induced slope or bluff failure could occur. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Develop- ment Policy D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability during an earthquake. Areas potentially prone to such failures shall be identified and further evaluated by the project Geotechnical Consultant during the Tentative Tract Map review and Grading Plan review stage. The evaluation shall be prepared to the satisfaction of the Building Department prior to the issuance of Find Findingsand Conditions -CIOSA Page 8 grading permits. Grading and building plans shall reflect the recommendations of the evaluation to the satisfaction of the Building Department. ✓29. In accordance with the Alquist-Priolo Special Studies Zone Act, a Registered Geologist shall further evaluate and make recommendations regarding the potential for ground surface rupture effecting proposed development on -sites where "Potentially Active Faults" have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the future. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to approval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Liquefaction /30. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Erosion ✓31. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 32. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the City Grading Engineer prior to the issuance of occupancy permits. Final Findings and Conditions • CIOSA Page 9 /33. Berms and brow ditches shall be constructed to the satisfaction and approval of the City Grading Engineer. Water shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved / by the City Grading Engineer prior to issuance of grading permits. V34. Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the City Grading Engineer. ✓35. Drainage of both surface and subsurface water over or toward the bluffs on the Upper Castaways and Newporter North sites shall be minimized. Though some drainage of rainwater over the bluff face cannot be avoided, drainage control devices shall be designed to direct excess water from site improvements away from the bluff face. Irrigation shall be controlled to prevent excessive infiltration into the subsurface. The project Civil Engineer shall design grading plans to minimize surface runoff over the bluff faces. The project Geotechnical Consultant shall provide recommendations to minimize subsurface water migration toward the bluff faces prior to approval of Tentative Tract maps or site plans. All design criteria for the control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff and Slope Instability ,/3/6. The project geotechnical consultant shall review the tentative tract map and grading plan for each site and prepare a report addressing all salient geotechnical issues related to bluff and slope stability of any existing bluff or slopes. These reports shall include:1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory testing results; 3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grading plan; 4) conclusions; 5) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. 437. Prior to the issuance of grading permits, the Project geotechnical consultant and/or civil engineer shall make written recommendations for manufactured slope stabilization including, but not limited to, buttressing, rock bolting, grouting, slope gradient laybacks, or retaining walls, All necessary recommendations shall be included in the grading plan to the satisfaction of the City Grading Engineer. Final Pitdings and Cooditioni • DOSA Pate 10 ✓38. Though the City has established a Bluff Setback Criteria for development on the top - of -bluff (Development Policy D.2.b.1 of the Newport Beach General Plan, January 21,1991, and Newport Beach Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability. Prior to issuance of grading permits, appropriate safe bluff top setback recommendations shall be determined by the project Geotechnical Consultant based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Engineer. V39. During grading a geotechnical consultant shall monitor grading operations to ensure that recommendations for slope instability mitigation are implemented. Additionally, the geotechnical consultant shall evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unanticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department. ✓40. Prior to issuance of building permits, the geotechnical consultant shall prepare a Rough Grading Report and As -Graded Geotechnical Map for each graded site at the completion of grading of that site. The Report shall summarize and document compliance with all mitigation measures. The Rough Grading Report shall include a statement regarding the adequacy of the manufactured slopes for their intended use and a statement regarding the adequacy of the recommended bluff setbacks. The report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be approved by the City Grading Engineer. Compressible/Collapsible Soil V,41. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible/collapsible soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recom- mendations shall be incorporated as conditions of approval for the site -specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recommendations shall be based on surface and, subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. Expansive/Corrosive Soil ✓42. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory Final Findings and Conditions - CIOSA Page 11 testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. Near Surface Groundwater V43. The project geotechnical consultant and/or civil engineer shall prepare written site - specific reviews of the tentative tract maps and grading plans addressing all salient geotecbnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near -surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on existing or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewatering is recommended. The geotechnical consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. Water Resources Water Quality 444. Prior to the issuance of grading permits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul ` routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. v/4 S. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the City Grading Engineer and Building Department, a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Air -borne and vehicle -borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils; and the moistening of vehicles loads, C. As approved material such as rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrated runoff. Final Finding: and Condiliong - CIOSA Page 12 d. During the period of construction activity, existing vegetation which will be retained on -site shall be protected from traffic by the use of fences. If appropriate, buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and/or supplementary method to protect against sediment buildup. X' Prior to the issuance of grading permits, the project geotechnical consultant and/or t civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. 1/47. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. ✓48. The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. ✓49. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. Drainage Patterns 50 Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be approved by the City Engineer. Any systems shown .to be required by, the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving Agency. Final Findings and Condition: - ClOSA Page 13 Cultural Resources Archaeology ALL PROIECrSnPS G All sites shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City -approved qualified archaeologist tp excavate a sample of the site. All testing and salvage shall be conducted prior to Issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program sball be submitted to the Planning Department within 90 days of the completed data recovery program. 52. 'The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project, to a local institution which has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. d�53. Any excavation of a site located within the Coastal zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excavation. All provisions of the California Coastal Commission guidelines sball be complied with, UPPER CASTAWAYS ✓54' Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA Ora-49 and CA-Ora-186 on the Upper Castaways site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and pre -historic archaeology) to determine site integrity, extent and significance. The methodology of the test excavation shall reflect the recommendations contained in the Cultural Resources report prepared for this Program EIR, A report shall be prepared detailing all findings and recommen- dations and submitted to the Planning Department within 90 days of completing test excavations. BAY VIEW LADING ✓55. Prior to issuance of a grading permit, CA-Ora-1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations, Final Findin js and Condillou - CIOSA Page 14 ✓56. Prior to grading for the new park, the project sponsor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA- Ora-66 to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. /. Prior to grading for the view park, the project sponsor shall retain a City approved archaeologist to place a test unit on top of the knoll on the Bay View Landing site in the area containing shell scatter, to determine if the shell is representative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the test excavation. NEWPORTER NORTH Prior to the use or development of the open space areas for passive recreational uses, CA-Ora-51 and CA-Ora-518 on the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 59. Prior to the issuance of a grading permit, the applicant shall conduct a surface collection of the eastern extension of CA-0ra-100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a city approved archaeologist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of completing the surface collection. D Prior to the issuance of grading permits, the applicant shall conduct a data recovery of program CA-Ora-64 on the Newporter North site. The program shall be conducted by a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the data recovery program. 61. Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified archaeologist shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA-Ora-51, 52 and 518. If /impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. NEwpoRTER KNOLL �/62. Prior to any grading or use of the site, the City shall conduct a surface collection of archaeological material present on the top of the bill of the Newporter Knoll, with test units placed on the hill to determine site significance and boundaries. One unit shall be placed in the recorded area of CA-Ora-50 to determine if a portion of the Final Findings and Conditions - CIOSA Page 7S site still exists. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection test excavation. BLOCKBW v/63. Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA-Ora-136 on the Block 800 site and subject the site ,to test excavations to determine site extent and significance. A test unit sball also be placed in the northern portions of the parcel to determine if a sub -surface midden 'is under the asphalt and trash. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PLAZA WESr .� Prior to the issuance of a grading permit, a City approved qualified archaeologist shall dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents sub -surface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing sub -surface testing. 65 Prior to the issuance of grading permit, the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground disturbance. A report shall be prepared detailing all findings and submitted to the Planning Departmentwithin 90 days of completing the surface examination. FREEWAY RESERVATION ✓66. Prior to issuance of a grading permit for the northern development area (Lot 2), a City approved qualified archaeologist shall examine the surface of areas previously identified as CA-Ora-216. The examination shall be conducted after removal of brush but prior to grading. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. I Paleontology ✓67. Prior to the issuance of grading permits, a collection plan shall be prepared and implemented by a City approved, qualified paleontological monitor for known exposed fossil localities on Bay View Landing, _rlAnQrter North, and Upper Castaways. Because of the small nature of some fossils present in these rock units, matrix samples shall be collected for processing through fine mesh screens. The collection plan shall be reviewed and approved by the Planning Department. 68. Prior to the issuance of grading permits, the applicant shall make provisions for the preparation and curation of all fossils possibly recovered from the sites -during Fn3l Flndlnp and Condlilonc - CIOSA PW 16 grading. This shall be done in a manner approved by the City's Planning Depart- ment. D Prior to the issuance of grading permits, the applicant shall identify a repository ,approved by the City's Planning Department which shall receive all fossils collected / from the sites. X. Cliff faces along Upper Newport Bay that have served as a reference section for micro -paleontological studies should be protected from alteration. If bluffs along Newport Bay need to be altered for bluff stabilization purposes, detailed measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the comparative study and sampling. A report shall be submitted to the Planning Department within 90 days. Law Enforcement 1. The project proponent shall work in conjunction with the City of Newport Beach Police Department to ensure that crime prevention features are included in building design and construction. The City of Newport Beach Police Department shall review all site plans and access plans. Water V72. Prior to issuance of grading permits for the development sites, the applicant shall be responsible for preparation of a Master Plan of Utilities. The 'Master Plan of Utilities will determine any necessary expansion of facilities and/or any modifica- tions, upgrades or extensions to the existing water systems resulting from this project. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Wastewater VK Prior to issuance of grading permits, the developer will provide a Master Plan of Utilities facilities for the on -site development in order to determine the exact necessary modifications or extensions to the existing sewer systems, if needed. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The Plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Final Findings and Conditions - CIOSA Page 17 B Development Agreement No. 6 Fin in 1. That the Development Agreement is in compliance with California Government Code Section 65864 et seq. and Newport Beach Municipal Code Chapter 15.45. 2. That adoption of the Development Agreement would not preclude the City from conducting future discretionary reviews in connection with the project, nor would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. Condition: ✓1. Once every 12 months from the date of execution of the Development Agreement, the project proponent or his successor in interest shall prepare and submit for review by the City Council a report demonstrating compliance with the terms of the Agreement, as required by Section 15.45,070 of the Newport Beach Municipal Code. C. Traffic Study No. 82 Findfnes• 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the project is a comprehensive phased land use development and circulation system improvement plan with construction of all phases not anticipated to be completed within 60 months of project approval. 3. That the project is the subject of a development agreement which requires the construction of major improvements early in the development program. 4. That the Land Use and Circulation Elements of the Newport Beach General Plan are not made inconsistent by the impact of traffic generated by the project in that the project proposed eliminates certain planned and anticipated development through the dedication of certain sites for permanent open space, and the other development sites are to be developed consistent with or less than that allowed by the General Plan. 5. That an unsatisfactory level of service will not be caused or made worse at any intersection for which there is an identified improvement. Final Findints and Conditions - CIOSA Pate ib 6. That the benefits to the circulation system resulting from the major improvements substantially outweigh the increased traffic at impacted but unimproved intersections. 7. That there is an overall reduction in ICU at impacted intersections, taking into account peak hour traffic volumes at those intersections, and that the reduction is caused by the improvements associated with the project. Conditions' ✓1. That the Irvine Company shall make available to the City the monies specified for circulation system improvements consistent with the provisions of Development Agreement No. 6. Vz. That the City of Newport Beach shall utilize the monies provided by The Irvine Company to construct in as timely manner as possible major circulation system improvements. These improvements shall be designed to insure that the anticipated overall improvement in ICU anticipated in the traffic study is achieved. D Amendment No. 763 Adopt Resolution No. recommending City Council approval of Amendment No. 763. E. Amendment No. 764 Adopt Resolution No. recommending City Council approval of Amendment No. 764. F. Amendment No. 765 Adopt Resolution No. recommending City Council approval of Amendment No. 765. G. Amendment No. 766 Adopt Resolution No. recommending City Council approval of Amendment No. 766. H. Amendment No. 767 Adopt Resolution No. recommending City Council approval of Amendment No. 767. Final Findings and Conditions - CIOSA Page 19 Adopt Resolution No. recommending City Council approval of Amendment No. 768. WA = • .iel�►I Adopt Resolution No. recommending City Council approval of Amendment No. 769. K. Amendment No. 770 Adopt Resolution No. recommending City Council' approval of Amendment No. 770. P.\...\JoI IN•D\CIOSA\FINALF&C Final Findings and Conditions - CIOSA Page 20 _* 53 4rATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Go"mor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA Page 1 of _�, m 245 W. BROADWAY, STE. 380 Date: 6/27/95 P.O. BOX 1450 LONG BEACH, CA 90802-4416 Permit No. 5-95-048 (310) SM5071 COASTAL DEVELOPMENT PERMIT On 16 June 1995 the California Coastal Commission granted to this'permit subject to the attached Standard and Special conditions, for development consisting of Subdivision of an 86.1 acre parcel into 173 residential lots, six private open space lots, private street lots, and two public open space lots. Also proposed is construction of 173 single family residences, private roads and infrastructure to serve the residences, and construction of a 2.3 acre detention basin. Dedication of 45.8 acres of open space is proposed which includes a 4 acre public bluff top view park. The proposed project also includes grading and construction of an 8 foot wide public trail within the view park. Bluff stabilization and revegetation of coastal sage scrub within the public open space areas are proposed. Construction of an emergency access drive, Jamboree Road street and sidewalk improvements, construction of a bus turnout and shelter are also proposed. Also proposed is 772,900 cubic yards of cut and 772,900 cubic yards of fill to be balanced on site. A wetland mitigation plan is also proposed on site. The mitigation plan includes creation of .96 acre of wetland area on site. more specifically described in the application file in the Commission offices-. The development is within the coastal zone in Orange County at . _,.. - , Issued on behalf of the California Coastal Commission by RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH JUN 28 1995 AM PM 718191WIHI12111213141516 ,A PETER DOUGLAS Executive Director By: Title: Coastal Program Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Page 2 of 5 Permit No. 5-95-048 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 ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cat. Admin. Code Section 13158(a). Date Signature of Permittee R1Xi1JM1XK1N1Q 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. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. (nterpretation. Any questions of intent or interpretation of any condition wail be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance noticei't 6. Assignment. The permit may be assigned to any „qualified pet.'son provided assignee files with the Commission an affidavff`! &,4pti6g� at'Tiltirrhs and conditions of the permit. tQ Y11". 7. Terms and Conditions Run with the Land. These termi:.and`,conditions shall be perpetual, and it is the intention of the ComMliiSion and the per6ifttee to bind all future owners and possessors of the su6jboti�iboehtyj{tb',t'he terms and conditions, Upon the effective date of the CIOSA development agreement, the applicant shall submit, for the review and approval of the Executive Director, evidence in the form of a grant deed that the 12.0 acres (more specifically described below and in Exhibit J), has been dedicated in fee to the City of Newport Beach consistent with the approved Circulation Improvement and Open Space development agreement and consistent with the proposed project. The fee dedication shall be dedicated for the uses delineated be -low and subject only to those covenants and reservations identified on Exhibit F to the Circulation Improvement and Open Space Agreement approved by the Coastal Commission on June 10, 1993. The 12.0 acres shall include the following areas and provide for the,foilowing uses: Sit& Arm UM Lot S 12 acres habitat restoration, habitat maintenance, open space, and habitat protection Newporter North Lot T Open Space Fee Dedication Upon issuance of the first building permit by the City of Newport Beach, the applicant shall submit, for the review and approval of the Executive Director, evidence in the form of a grant deed that the 33.8 acres (more specifically described below and in Exhibit J), has been dedicated in fee to the City of Newport Beach cons-istent with the approved Circulation Improvement and Open Space development agreement and consistent with the proposed project. The fee dedication shall be dedicated for the uses delineated below and subject only to those covenants and reservations identified on Exhibit F to the Circulation Improvement and Open Space Agreement approved by the Coastal Commission on June 10, 1993. The 33.8 acres shall include the following areas and provide for the following uses: ;ita Area uses Lot T 4 acres public passive open space, public view park Lot T 29.8 acres habitat restoration, habitat maintenance,, open space and habitat protection. 3. Mitigation Plan Annual Reports The annual mitigation monitoring reports prepared pursuant to the Habitat Mitigation and Monitoring Plan for the Newporter North Development prepared by John M. Tettemer & Associates dated May 1995, shall be submitted to the Executive Director within 30 days of the date the report is completed. 4. Wetland Mitigation Timing Construction/implementation of the mitigation plan shall occur prior to or concurrent with the proposed residential development. S. Protective Fencing All wetlands shalt be surrounded by protective fencing prior to initiation of and during any grading or constrUgtion. Prior to recordation of the final map and issuance of the grading permit the applicant as landowner shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which shall limit development in Lots V and X to the following uses: Lot V Wetland mitigation as described in the Habitat Mitigation and Monitoring Plan for the Newporter North Development prepared by John M. Tettemer & Associates, Ltd., dated May 1995; Habitat restoration, habitat maintenance, open space, and habitat protection; Non-invaisive landscaping and contour grading for buffer berm as depicted on Tentative Tract No. 15011, limited to those areas of Lot V not a part of the wetland mitigation described above. Lot X Non-invaisive landscaping and contour grading for buffer berm as depicted on Tentative Tract No. 15011. The deed restriction shall cover Lots V and X as identified on Tentative Tract No. 15011. The deed restriction shall run with the land, binding all successors and assigns and shall be recorded free and clear of prior liens and encumbrances which the Executive Director determines to affect said interest. The deed restriction shall cover Lots V and X as identified on Tentative Tract No. 15011. The deed restriction shall run with the land, binding all successors and assigns and shall be recorded free and clear of prior liens and encumbrances which the Executive Director determines to affect said interest. , Prior to issuance of the grading permit the applicant shalt submit, for the review and approval of the Executive Director, a coastal sage scrub revegetation and restoration plan. At a minimum the coastal sage scrub revegetation and restoration plan shall include: - The mitigation measures identified in the letter from the United States Fish and Wildlife Service letter dated March 9, 1995; - The mitigation measures identified in the letter from the biological consultant, Michael Brandman Associates, dated November 101 1994; - A mitigation monitoring program; — The plan shall be reviewed and approved by the California Department of Fish and Game. The coastal sage scrub restoration and revegetation shall occur consistent with the approved plan. Prior to issuance of the coastal development permit; the applicant shall submit, for the review and approval of the Executive Director, grading plans that have been reviewed, approved and signed by the geologic consultant, indicating that the geologic recommendations contained in the Preliminary Geotechnical Investigation prepared by Leighton and Associates, Inc. dated February 4, 1991 and the Supplemental Geotechnical Investigation, prepared by Leighton and Associates dated October 26, 1994, and, updated in letters dated September 30, 1994, revised 10/10/94 and May 9, 1995, have been incorporated into the design of the proposed project. Prior to issuance of the first building permit, the applicant shall submit, for the review and approval of the Executive Director, foundation plans that have been reviewed, approved and signed by the geologic consultant, indicating that the geologic recommendations contained in the above described Geotechnical Reports prepared by Leighton and Associates, Inc. have been incorporated into the design of the proposed project. Native American & Archaeological Monitor A Native American monitor and an archaeological monitor shall be present on —site during all grading activities to monitor the work. The monitors shalt have the ability to stop work should significant resources be discovered. The monitors shall meet the requirements set forth in the Native American Heritage Commission Guidelines for Monitors/Consultants of Native American Cultural, Religious, and Burial Sites. The Native American and archaeological monitoring may be performed by a single person provided s/he is qualified. 10. Notification of Native American Heritage Commission Should human remains be discovered on site, the Native American Heritage Commission shall be notified within 24 hours of such discovery. MV:bll 4671F 'J9-- 1s SJATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Gommor DEPARTMENT OF FISH AND GAME 1416 NINTH STREET P.O. BOX 944209 SACRAM NTO CA 94244.2090 (916) 653-9767 June 22, 1995 Mr. Bill O'Connell LSA Associates, Inc. One Park Plaza, Suite 50 Irvine, CA 92714 Dear Mr. O'Connell: RECEIVED BY L.S.A INC. JUN 2 9 1995 JUN 3 0 1995 �' i it 012-' p Vice Presided O Project Manager C Asst. Prcjact Manajp O Field Cb::O O Accc ; O Project,,;a 91 Chron Fila C Other -- Draft Coastal Sage Scrub Habitat Restoration/ Revegetation Plan - Newporter North City of Newport Beach The Department of Fish and Game (DFG) has reviewed the draft coastal sage scrub (CSS) habitat restoration/revegetation plan (HRRP) for the Newporter North project in the City of Newport Beach. The HRRP provides direction for the replacement of up to a total of 6.0 acres of CSS, restoration of 3.6 acres of CSS along San Joaquin Hills Road, and the conversion of the Newporter Knoll to CSS habitat. The implementation of these measures are required as conditions for approval of Tentative Tract No. 15011 and Site Plan Review No. 70, and as additional mitigation measures developed for the Interim Habitat Loss Mitigation Plan pursuant to the NCCP interim process guidelines and the 4(d) Special Rule. 'The HRRP speci for the ;restoraUon preparation for CSS September 1995 with during the fall and planting are schedu of 1996/97. Cies the techniques, methodologies and timing and replacement of the CSS habitat. Site establishment will begin in August and initial seeding and planting to commence winter -of 1995/96. Supplemental seeding and Led for completion during the fall and winter The plant palettes, site preparation and planting techniques, maintenance, weed control, performance standards, monitoring, and remedial measures, appear to have been developed with the intent of creating a successful CSS revegetation/ restoration program. The DFG fully supports this HRRP. l Mr. Bill O'Connell June 22, 1995 Page Two Should you have any questions regarding this correspondence please contact Ms. Cheryl Heffley, Wildlife Biologist at (310) 694-3578 or Mr. Bill Tippets, NCCP Supervisor at (619) 688-4267. cc: Department of Fish and Game Long Beach Ms. Patty Wolf Mr. Troy Kelly Mr. Banky Curtis Department of Fish and Game Sacramento Department of Fish and Game San Diego Mr. Bill Tipp Ms. Cheryl He U.S. Fish & Wil Carlsbad Mr. Gail Kobe Mr. Pete Sore Ms. Nancy Gil Ms. Linda Daw Ms. Meg Vaughan California Coas Long Beach Sincerely, Larry L. Eng, Ph.D. NCCP Program Manager POOR QUALITY ORIGINAL (S) . . .. .... -5 TI: ........... vo,:w H . %4V We CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MEMORANDUM March 22, :996 TO: Raimar Schuller, Building Director Eldon Davidson, Utility Services Manager FROM: Dick Hoffstadt SUBJECT: County Sanitation District Excess Capacity charge The Orange County Sanitation. District has sent out the attached letter as an update on Excess Capacity Charges. The attached letter is for -. ur information. If you have any questions, please contact the San-,tation District directly. CC: Don Webb, Public Works Director Ric::ard L. fstadt 7evelopment/Subdivision Engineer BUILDING DEPARTMENT MAR 2 5 1996 ()ITY O CAL PORT btAuh ., J * '4 COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA RECE March 4, 1996 * * * IMPORTANT NOTICE * * * TO: Class I and II Permittees, and Agencies FROM: Source Control Division SUBJECT: Excess Capacity Charge This notice is sent to update you on the most recent action taken by the County Sanitation Districts of Orange County (Districts) Board of Directors regarding Excess Capacity Charges (ECCs). On February 28, 1996 the Districts' Board of Directors authorized Districts' staff to -place a temporary moratorium on the determination and collection of ECCs until such time that a study for capital charges is completed and a new charge structure is developed. It is estimated the study will be completed by mid 1997. It is important for businesses which are located or are planning to locate in the Districts' Service area to be able to plan for potential charges. Therefore, the Districts have been authorized to make the following guarantees: 1. When the new capital charge program becomes effective, a capital charge shall be applied to industrial users initiating discharge to the Districts between July 1, 1995 and prior to adoption of the new capital charge program (estimated 1997), which discharge: 1) average daily flow equal to or greater than 50,000 gallons, or 2) average daily Suspended Solids (SS) equal to or greater than 105 Ibs, or 3) average daily Biochemical Oxygen Demand (BOD) equal to or greater than 105 Ibs. However, the annual ECC payment under the new capital charge method shall not be greater than the annual payment would have been using the ECC method (including interest) repealed November 15, 1995, for the same quantity of flow, BOD, and SS for which the ECC charge would have been calculated and paid over ten years. 2. When the new capital charge program becomes effective, a new capital charge shall be applied to industrial users permitted by the Districts prior to July 1, 1995, which discharged for fiscal year 1994-95: 1) average daily flow equal to or greater than 50,000 gallons, or 2) average daily SS equal to or greater than 105 Ibs, or 3) average daily BOD equal to or greater than 105 Ibs, and who increased their average daily flow, BOD, or SS after July 1, 1995. The capital charge shall be for the difference in flow and loadings compared to fiscal year 1994-95. However, the annual ECC payment under the new capital charge method shall not be greater than the annual payment would have been using the ECC method (including interest) repealed November 15, 1995, for the same quantity of flow, BOD, and SS for which the ECC charge would have been calculated and paid over ten years. 3. The issue of charges to existing dischargers which have not increased their average daily flow, BOD, or SS after July 1, 1995, or are not subject to items 1 or 2 above, will be addressed as part of the cost allocation review in the new strategic plan. The Districts will be soliciting input from both,the industrial community and cities prior to adoption of an ECC. If there are any questions regarding this notice, please contact Jim Wybenga at (714) 962-2411, extension 3813. JW:Ivw J 1wP%35901LAURIE%690284 WPD A Public wastewater and Environmental Vs-agement Agency Committed to Protecting the Envronment Since 1954 OCT— 4—SS WED IZ=49 MDS CONSULTING P.02 MDS CONSULTIN PLANNERS • ENGINEERS • SURVEYORS 17320 Rodhill Avonue, Suite 350 (714) 251-8821 wine, CA 82714 MEETING SUMMARY FAX 2SI.0916 DATE: JANUARY 27, 1995 TIME: 10:00 - 12:00 LOCATION: CITY OF NEWPORT BEACH ATTENDEES: ELISHA BACK @ JOHN M. TETTMER AND ASSOCIATES RALPH CHENIER @ CPH TREVOR DODSON @ MDS CONSULTING CHUCK HARTMAN @ HARTMAN ASSOCIATES TERRY HARTMAN @ VANDELL AND ASSOCIATES DICK HOFFSTADT @ CNB ROZ MONRO @ LEIGHT.ON AND ASSOCIATES SKIP SCHULTZ @ MDS CONSULTING DON WEBB @ CNB NORM WITT @ THE IRVINE COMPANY FROM: TREVOR DODSON ITEM DISCUSSION 1, Entry configuration, two lanes into the project and two lanes out of the project will be required as conditioned, further impacting the wetlands area. WPA will finalize a study regarding this. 2. Jamboree Widening: an accelerating lane is not required coming out of the project, however, a deceleration will be required, A minimum roadway width of 48' between the double left turn lane at Santa Barbara Avenue and the westerly curb is required. (Condition No. 16) 3. The gated entry's location may not be moved back substantially even though there will be two incoming lanes. 4. Detention Basin No. 2 outlet may extend past the tennis courts, below the 60 contour as long as it is acceptable environmentally. 51 Grading below the 60 contour for trail purposes is acceptable. The maximum acceptable trail graded is 12:1. 6. Bluff top trail is to be asphalt surface capable of supporting heavy equipment, 7. Geotechnical issues were briefly discussed. However, input from Rick Higley is needed to make final determinations. A future meeting will need to be setup, Don Webb is not opposed to 1:1 slopes with geogrid. 8. Drainage on the north side of Lot D will need to take place such that the peak storm flows are contained within a storm drain system and do not overtop the top of slope, MDS STANLEY C. MORSE GARY DOKICH SKIP SCHULTZ OCT- 4-95 WED Y2:5O MDS CONSULTING P_O3 g. The wetlands on this side are "dry" wetlands, however will need surface runoff to maintain their existence. More inputidiscussion with Tettmer's office (Elisha Back) is desirable. 10. 4:1 replacement of Wetlands is needed in either temporary or permanent removal situations. 11. The City is not opposed to Crib/Loffelstein type walls. 12. Emergency access between lots 81 and 82 is not necessary now that one is required from "G" street to Jamboree, 13. Rough grading could occur prior to recordation of a final map if bonding requirements form The City are met. Two phase grading is plausible, details need to be worked out with Dick Hoffstadt. 14. 12' wide sidewalk to go from Jamboree to access road to San Joarquin Road. cc: Scott Stowell at Standard Pacific David Foell at Standart Pacific Skip Schultz at MDS Consulting Rozalind Monro at Leighton and Associates OMOROP511016CUSY OCT— 4-95 WED 12:49 MDS CONSULTING P . 03. MDS CONSUL T/N_G PLANNERS • ENGINEERS • SURVEYORS 17320 Rudhlll Avonue, Suite 350 1714) 261-8821 Itvlpe, CA 92714 FAX 251.0616 Date: Ia.14 y� Tract _ 16011 Project iZ 5 - ` z, TELECOPIER TRANSMITTAL LETTER Please deliver the accompanying telecopied material to: Name: fYl i�VC=17— Company: Cr! / Ur Jk6 J/Lyz7 City: M • 6 - State: C Telecopy Number: Senders Name: I t aro;L �2Cs a �l Total number of pages, including this transmittal letter: —� Please contact us immediately if any pages are not received - 714125.1-8821 Comments: PleAS6 .`.Yc^ 77G'Jv �'0 13 STANLEY C. MORSE GARY DOKICH SKIP SCHULTZ 04-23-96 02:151114 FROii STANDARD PACIFIC• TO 96443318 P003 APR-MM-96 TUM, 12 :0i3 MDS CaNSULYYp+I'a -.�%U40 CITY OF NEWPORT BEACH P0, UOX 1768. NBWPoIwr MACH, CA U265844915 PUBLIC WORICS ORPARTMINNT • OTI1.ITIRR October 2,1995 Mr. Trevor Dodson MOO Consulting 17320 Redhill Avenue;, Suit- 350 Irvine, CA 92714 DeaT Mr. Dodson: Subject: Newport North Project Domestic Water & Sewer Survicc P. 08 The City of Newport Beach has an adequata water Supply available; to serve the subject project. Fire flow cipaeity cony by provided through existing piping with certain "on" and/or "off -site" installations doa,. ;n accordance with City design standards. Wastewater discharge from the development to t1w City's sewer system will have to be provided through a combination of new and �Xisting facilities, The new sewer facilities required for the development are contingent upon a detailed analysis of the topography, current loadin} on tha local sewer and their excess capavity, if any. All required Facility installations and system irnprovaments must be provided by the developer of the project. Off—,!W. kind pubticly owned "on -site" facilities will be operated and maintained by the City after i,15tc(l: rr»,. If you have any questions, pleme call me: at 64r••3,111 Very truly yours, '1 Michael), Sinacorl, f .E„ (Acting) Utilities Manager mjsxjo cc; Dick Ilofkeadt 3300 Ncwport Boulev::rd, N,:�,;vnort Beach #4r, 04-23-96 02:15PM FROM STANDARD PACIFIC TO 96443318 P002 PR-23-96 TUR 12:02 MbS CONSULI'Y.'NG P. p:2 /k641.551 i COUNTY SANITATION DISTRICTS OF GRANGE COUNTY, CALIFORNIA Gepternber28,1995 Mr. Marc Meyers CITY OF NRWPORT BEACH planning Department 3300 Newport Blvd Newpod Beach, CA 92850 Dear Mr, Meyers: SEWER SERVICE FOR TENTATIVE TR CY No. 15011 7•T; -9 ZS Tha purpose of this letter is to satisfy Condition No, _., of Tentative Traot 15011 City Council Meeting Minutes dated January 9, 1995. Condition No. 25 ra _,. cs follows: That piior to issuance of any grading or building pann;rs for the site, the applicant shall demonstrate to the satisfaction of the Utilities Department, Public Wores Department and the Planning Department that adequate sewer facilities will be available for the prajact. such demonstration incrude veridc.!4(ian from the Orange oaunty j;Zn_ AEgn District and tha ctl;'s 01118as Department. county sanitation District No. s's sewer facilities noL c yubta to serve this ptoiect. ps w t w�i1KiC�I David Ludwin Director of Engineedng A Pubhc WOOtOW1190" Odd ✓ hV1PWIRlQnBL,r Mu11,1901Y10t A„p)-, �Lna+:dtutl to : o2W'1002 046 4K 1IMF, LSA Associates, Inc. Principals Rob Balen Sheila Brady Les Card David Clore Steve Granhohn Richard Hamacher Roger Flarrns Art Hoatrigbausen Larry Kennings C,nohyn Lobell Bill Mayor Rob McCann Rob Schonbolt< Malcolm J. Sproul Associates Deborah Baer Jones Baum conk calica Steven W Conklntg Ross Dobbericen Gary Dow Richard Erickson Kevin Fineber Clint Kellner Laura LaJler Benson Lee Judith H. Afalotnnt Snbnina Nicho/A ,iL 1V "Bill' O'Connell Antbony Pcn•o> Lt nette Snnnchinu Jdl tf}hon Lloul B. Zola LSh April9, 1998 Mr. David Foell Standard Pacific of Orange County 1565 West MacArthur Blvd. Costa Mesa, CA 92626 Vice President Project Manam,r [QQQ� Field O1brt Accounting Pray^+ Foe rF• Environmental Analy,;s Tnampataiion Engince,ing Biology and WislamA Habitat Restoration Resource Management Community and Grand Planning Landscape Architecture Archaeology and Pakontolob, Subject: First Annual Report (Second Report) for the Coastal Sage Scrub Habitat Restoration/Revegetation Plan - Newporter North Dear Mr. Foell: This letter serves as the first annual report for the Newporter North Coastal Sage Scrub Habitat Restoration/Revegetation project, located within the Harbor Cove (formerly known as Newporter North) housing development, bounded by Jamboree Road on the east, San Joaquin Hills Road on the north, Backbay Drive on the west, and John Wayne Gulch on the south in the city of Newport Beach, California (Figures 1 and 2, attached). This report addresses the first year of maintenance and the early establishment and development of the installed plant community. As stated in the Newporter North Coastal Sage Scrub Habitat Restoration/Revegetation Plan (HRRP), all subsequent reports will be prepared annually until the performance standards are met. Each subsequent report will more thoroughly evaluate the site for progress toward meeting the perfor- mance standards (i.e., plant growth, species composition, general community development, and structure), as the plant community matures to a stage that can be readily assessed for these characteristics. BACKGROUND The HRRP provides the direction for: 1) the replacement of up to 3.5 acres of impacted coastal sage scrub (CSS) and the installation of additional CSS in other graded areas (for a total of 6.0 acres); 2) the restoration of 3.6 acres of preserved CSS along San Joaquin Hills Road, which contained a large number of invasive plants; and 3) the conversion of the Newporter Knoll 8.8 acres to CSS. The implementation of these three items is required as part of the terms and conditions for the approval of Tentative Tract No. 15011 and Site Plan Review No. 70, as additional mitigation measures developed for the Interim Habitat Loss Mitigation Plan pursuant to the NCCP interim process guidelines and the U.S. Fish and Wildlife Service (USFWS) interim take authorization, pursuant to section 4 (d) Special Rule of the federal Endangered Species Act. 4t9/98«t:\SP0501\1998\CSS 1.RPD> One Park- Plaza„Gate 500 Telephone 7N 553-0666 Other ofrce, loaned in Berkeley I ✓nnc, Cdnfnnnia 91614 Faanmile 714553-9076 Pt. Rncbmand, Rtvo,idc and.Saciamcmo E-mail 1sa )-o&r neiconn con /SA /Woo u<s, Mc. The other mitigation measures include restoration of an additional 1.4 acres of wetland as required in the Habitat Mitigation and Monitoring Plan for the Newporter North Development prepared by John M. Tettemer & Associates, LTD. The report for the wetland restoration is presented in a separate docu- ment. Newporter Knoll This site is 8.8 acres, and is located off site between John Wayne Gulch and the Newporter Resort (Figure 3, attached). Newporter Knoll was installed in March 22, 1996, and included imprint seeding and container plant installation. As requested by the USFWS, the goal of the CSS revegetation effort on the Knoll was to establish CSS vegetation over a long period of time at a minimal cost. This was to be accomplished by planting dense islands of CSS, with little or no maintenance following installation. These islands were expected to regenerate and expand, forming a canopy of CSS vegetation over much of the site. No maintenance or monitoring is required on this site until March, 2001, at which time the performance for this area will be evaluated: Preserved Scrub Slope The Preserved Scrub Slope contains a total of 3.6 acres and is located above San Joaquin Hills Road from Backbay Drive to the edge of the graded slope. Treat- ment of this area included exotic weed removal, spot planting, and spot hand seeding, which was completed on March 22, 1996, and maintained to the present. San Joaquin Hills Road Slope The San Joaquin Hills Road Slope is located above San Joaquin Hills Road stretching from the Preserved Scrub Slope on the east to the trail on the west. The site is composed of 2.5 acres that was installed on December 31, 1996. The soil test for the site showed a highly saline soil with a high sodium absorp- tion ratio. Consequently, gypsum and soil sulfur were incorporated into the soil to alleviate the problem. These soil amendments and VAM 80 were incor- porated into the top six inches of soil before planting and hydroseeding. Topsoil Relocation Area The topsoil relocation area is bounded by Newporter Way on the east, the San Joaquin Hills Road Slope and the Preserved Scrub Slope on the north, and the bluffs on the west. Treatment included topsoil relocation, container plant installation, and hydroseeding, with irrigation on part of the site. Installation was completed on October 25, 1996. Although a portion of the site contains irrigation, the irrigation has not been utilized since June, 1997. 4P9i98<Q:�SP0501\1998\CSSI.RPP> 2 LSA kwwtr>, Inc. John Wayne Gulch John Wayne Gulch is located along the entire southernmost boundary of the development at John Wayne Gulch. Because the restoration site is on a com- pacted fill and placing topsoil on it was impractical, VAM 80 was incorporated into the soil, and temporary irrigation was installed. The 2.0 acre site was planted and hand seeded in October 1996. The loffel walls and the additional 0.25 acre adjacent area were hydroseeded. DISCUSSION With the exception of Newporter Knoll, all of the restoration areas have been regularly maintained, including manual and mechanical weed removal, herbi- cide treatment, irrigation maintenance, and trash removal. At the request of the City of Newport Beach, a trail was installed along the bottom of the JohnWayne Gulch restoration area. During the trail installation, some native vegetation was removed; however, this reduced area was compensated for by the additional 0.25 acre added at the west end of John Wayne Gulch. In an attempt to help stabilize the slope along the trail and reduce weed invasion, the freshly dis- turbed areas were planted and seeded. Due to the heavy rains, received this year, much of the fine soil particulates and seed along the John Wayne Gulch trail were eroded away, leaving only the coarse rocky material and container plants on the slope. The trail itself is also heavily eroded. Throughout the maintenance period, construction trash continuously littered the restoration sites but was immediately removed upon discovery. ASSESSMENT METHOD The restoration site was surveyed by an LSA biologist on February 19, 1998, to evaluate the progress and development of the CSS plant communities towards meeting the performance standards. Only a qualitative assessment was con- ducted to better evaluate this plant community's development. Since the seed- lings have grown to a size where they are no longer distinguishable from the container plants, a container plant survival survey was determined to be im- practical. This qualitative survey method offers considerable information useful in evalu- ating the current status of the individual species and plant community as a whole. General observations pertaining to the growth, development, and health of the plant communities were documented. An assessment of the weed situation was also conducted with regard to the degree of invasion by non- native weeds, species composition, and potential methods of treatment. 4t9t98«I:\SP0501\1998\CSSI.RP D> LSA 16)(idates, h+c•. RESULTS Overall, all of the restoration sites are very well stocked with healthy and robust native plants (from both container plants and seed). Preserved Scrub Slope The CSS vegetation on the Preserved Scrub Slope contains approximately 90 percent vegetative cover throughout the restoration site (Figure 4, attached), and is dominated by California sagebrush (Artemisia californica), from both container plants and seed. The seed on the lower slope has been slow to germinate in previous years, but this year the bare areas have begun to fill in. However, the area along both sides of the gully remains barren, probably due to poor soil conditions. The exotic weed species on the site are primarily myoporum and pampas grass resprouts. Several California gnatcatchers have been observed utilizing the site, primarily for foraging. Overall, the supplemen- tal plantings in the preserved scrub slope are maturing into healthy functional habitat. San Joaquin Hills Road Slope The native plant community on the San Joaquin Hills Road Slope is progressing steadily (Figure 4) with approximately 85 percent cover. The site is heavily dominated by quailbush (Atriplex lentiformia) and California sagebrush. Although amendments were added to the soil, the quailbush and California sagebrush have excelled in the adverse soil conditions. Although the site is heavily dominated by two species, the plant community remains diverse, with other scrub species scattered throughout the site, includ- ing California encelia (Encelia californica), blue eyed -grass (Sisyrinchium bellum), California sea-blite (Suaeda californica), alkali heath (Frankenia salina), California box thorn (Lycium californicum), lanceleaf dudleya (Dudleya lanceolata), and California everlasting (Gnaphallium californica), as well as several volunteer species including: common fiddleneck (Amsinkia intermedia), mulefat (Baccharis salicifolia), marsh fleabane (Pluchea odorata), cattail (Typha sp.), arroyo willow (Salix lasiolepis). Although the irrigation has not been turned on since June, 1997, the soil is extremely satu- rated from the heavy rains, as indicated by the presence of cattails and arroyo willow. Last year's intensive weeding effort has significantly reduced the major weed problem (see Figure 4); however, sweetclover (Melilotus sp.) and Spanish sunflower (pulicaria paludosa) still remain in scattered small patches through- out the slope. 4/998<<I.�SP0501\1998\CSSI.RPDP 4 LSA Aw,datcs, Inc. Topsoil Recovery Area The plant community in the Topsoil Recovery Area is healthy and robust, and provides approximately 95 percent cover (Figure 5, attached). The site is heavily dominated by California sagebrush and California encelia (Encelia californica). Several California gnatcatchers have been observed foraging on the edge of the site, along the Preserved Scrub Slope. A few patches of Califor- nia sagebrush are wilted and yellowing; this may be caused by too much water accumulating in the soil. The weed population of sweetclover this year has been significantly reduced to approximately ten percent of last years crop and is no longer a threat to the establishment of the CSS plant community. The size and diversity of the vegetation on the non -irrigated areas are indistinguishable from that on the irrigated areas. John Wayne Gulch The restoration area in the John Wayne Gulch is full of container plants and seedlings; however, the adverse soil conditions, primarily soil compaction, have inhibited the plant community's ability to, develop. As seen in Figure 6- (at- tached), the site contains an adequate number of plants and seedlings, but their size is limited, creating considerable interstitial spaces. In addition, the heavy rains this season have heavily scoured the entire slope, removing most of the fine soil materials and leaving the surface coarse with inorganic subsoil (primar- ily shale). CONCLUSIONS AND RECOMMENDATIONS At this time, the restoration areas do not meet the HRRP "Performance Stan- dards," which is consistent with expectations at this early stage of develop- ment. Many of the interstitial spaces have filled in with seedlings and are large enough to make it difficult to distinguish between container plants and seed- lings. Overall, the site ranges in cover from 80 to 95 percent. The vegetation on the site still needs time to mature and develop size and structure. Most of the plants have already reached reproductive maturity and show signs of new growth. Currently the trail is being repaired, and the barren ground along John Wayne Gulch is being supplemental seeded with native annuals and bunch grasses. The supplemental seeding will help build the soil back up. The utilization by California gnatcatchers demonstrates that the restoration site is steadily pro- gressing and increasing in value. Since the gnatcatchers are primarily utilizing the existing vegetation on the Preserved Scrub Slope, further use throughout the entire project site will be a more reliable indicator of the success of the overall project. 4/9/98<<I:\SP0501\1998\CSSI.RPD> LSA Associates, Inc. In accordance with the HRRP, these sites will be continually monitored, and documented with annual reports summarizing the development of the plant community until performance standards are met. The need for supplemental plant and seed materials will again be assessed at the end of the critical summer dry period. In the event that the restoration areas are understocked, supple- mental planting with containerized plants and spot seeding will be necessary to achieve an adequate stocking level. If you have any questions regarding this report or would like to discuss the project further, please contact me or John Ko at (714) 553-0666. Sincerely, LSA ASSOCIATES, INC. M.W. "Bill" O'Connell Associate Biologist/Restoration Ecologist Attachments: Figures 1 through 6. CC: Will Miller, USFWS Gary Medeiros, County of Orange Norm Witt, ICDC Dick Hoffstadt, City of Newport Beach Patricia Temple, City of Newport Beach Bob Roper, Standard Pacific of Orange County Liam Davis, CDFG 4,9/98«I:\SP0501\1998\CSSI.RPDP 60 San Bernardino 60 County J 605 Los Angeles County 57 71 eo \ j 91 5 405 n 0 0 r 0 3/6/98(SPO501) N LSD �ln`j._ � n ` - �Lleht ,�•'� Bay 1.' Source: USGS 7.5' Topogra, •,� ��A� .rttfS'`l'• PROJECT, I � z� ,�� •�••y:z.,�, r ` �Jt; )a:r'' .a �'�' d%: SITE .;�..`� � + 4. •.. _. �_� % I /,+,jllFtt•,/.;,} i/,:rp'! i 4(f•��f�'(ht l,,� ., '•'fi 1 \s.•%,�, �. E.'`1(u6' ! I \t•:: '77 ' 1` `'�� (.1'. ` ''�111 Il{ Q� �s \ 'I I*{ Pon rY a/`' .f ,_i •��1.:i C..._.. `•'•• :• 'r \� \ / j/'" S�' IRVINEt 1�5 A i\ ♦ M ,1•It5— �Y. R �'.. 3L COUNT \�' 3/6/98(SP0501) 4,;� N L SA Scale in Feet 0 1000 2000 'S 1t�LJLi t� ���flflfl iln,:t �, wport Beach, Tustin & Laguna Beach Figure 2 Project Location ~~I i r%1 ,La7 ,X 1 /22/91URPnin I \ LSD11 Scale in Feet 11 Or2110 .J'- e . \ 0 LEGEND: Preserved Scrub Syr CSS Restoration _3 lixotie Vegetation Rcmov:d Area Wctland Planting Area per IIMNIP Prepared O.S Acres E $ " _ • `` a \ -\ by John M. Teucmer S Associates. . 8 a•G� «�V 0.8 Acres 01.2 /Acres ;; •iJ l =• f y..(— _ \� COY • / 350 Feet of Snow Fence (In Place) 2.5 Acres JAMBOREE I~• tp x • Figure 3 Site Plan +^, try. -, i t � �r � � F• �,.: ! Mom• �' �i. C'.Y Fib.^ -ri Rc. 11a 5 Tk.���zz f ��`�_aTi1Wj ,r x511` s S f4� 4 le .r 'r ,ry ly"�i • f - I I n u � a � � '•i/ te,tti' �� _ w E, .Sz ��,�,-�-,�.,p i.�,,,� 1p�t's ar �� ,. f ^- : r••iryti"•1 F,f, r y y? T' ��/) 1Vk}-Yh,+'y'�.. ropsoil recovery area, six months following CSS installation. 1. I �M� .. f i4ft "'4 a 31311IMS110501) LSA ter•. ` �, ` -� t�����y� John Wayne Gulch, one month following CSS installation. John Warne Gulch, 12 months following CSS installation. John Wayne Gulch Loffell Wall, six months following CSS installation and prior to trail irwallation John Wayne Gulch Loffell Wall, 13 months following CSS installation and two months prior to trail installation. Figure 6 Newporter North Coastal Sake Scrub Restoration 40 ©mIa V COASTAL SAGE SCRUB HABITAT RESTORATION/REVEGETATION PLAN NEWPORTER NORTH August 24, 1995 Prepared for: Standard Pacific of Orange ' 1565 West MacArthur Boulevard Costa Mesa, CA 92626 Prepared by: LSA Associates, Inc. 1 Park Plaza, Suite 500 Irvine, California 92714 (714) 553-0666 LSA Project #SP0501 M4A Amcfate:, Ina TABLE OF CONTENTS PAGE INTRODUCTION ..................................... 1 OBJECTIVE......................................... 1 OVERVIEW......................................... 1 PLANT PALETTES .................................... 6 PLANTING METHODS ................................ 12 IRRIGATION ....................................... 18 MAINTENANCE ..................................... 18 PERFORMANCE STANDARDS .......................... 19 MONITORING ..................................... 20 REMEDIAL MEASURES ............................... 21 0824/Q5(I;+.SP0501+.LS$W-PIN) it /SAAt6 dateS, 1= LIST OF FIGURES PAGE 1 - Regional Location .................................... 2 2 - Project Location (Map) ................................ 3 3 - Project Plan ........................................ 4 4 - Project Plan (Newporter Knoll) .......................... 5 08R4/95(1:'•SP05011f:SSitPSr.PM iii iSA Amdate5, Ina ' COASTAL SAGE SCRUB HABITAT RESTORATION/REVEGETATION PLAN NEWPORTER NORTH INTRODUCTION This Habitat Restoration/Revegetation Plan (HRRP) provides the direction for: 1) the replacement of up to 3.5 acres of impacted coastal sage scrub (CSS) and the installation of additional CSS in other graded areas (for a total of 6.0 acres), 2) the restoration of 3.6 acres of preserved CSS along San Joaquin Hills Road, which presently contains a large number of invasive plants, and 3) the conversion of the Newporter Knoll to CSS. The implementation of these three items is required as part of the conditions for approval of Tentative Tract No. 15011 and Site Plan Review No. 70, and as additional mitigation measures developed for the Interim Habitat Loss Mitigation Plan pursuant to the NCCP interim process guidelines and the 4 (d) Special Rule. The location of the Newporter North project is shown on Figure 1. ' OBJECTIVE ' This plan details the tasks required for the restoration and replacement of the CSS within and adjacent to the Newporter North project (Figure 2). This ' restoration is to replace habitat lost to the construction of this planned residential project, create additional gnatcatcher. habitat, and enhance and restore the quality of the adjacent existing CSS. This will provide increased habitat and dispersal linkage for the California gnatcatcher population within ' the Upper Newport Bay area. Relocating CSS topsoil from selected areas to be graded, seeding, planting and supplemental planting of containerized plants will be used as methods of revegetation. The relocation of the topsoil is to take place during the pro- cess of grading in August and September of 1995; the initial seeding and planting are to be done during the fall and winter of 1995196; and the sup- plemental planting and seeding completed during the fall and winter of 1996/97. The location of this 5.5 acres of restoration area has been selected to provide linkage and habitat on the three sides of the project closest to the bay. The location of the specific treatment areas are shown on Figures 3 and 4. OVERVIEW ' Graded Areas A 6.0 acre portion of the project graded area will be revegetated with CSS. This includes the slope above San Joaquin Hills Road, which will be stabI- lized, and the flat area and gentle slopes at the top of the bluff and at the ' south end of the project. These areas are to be planted with container 0824,/95 q; %S P0501 %CSSFLW.PI.t) 11 1 I [1 1 I f I LSDS�Ic in mm%m Feet Z� 0 too 200 Figure 1 Topsoil Salvage Area 7/7/95(SPO501) Sale in F«t _ LSA 0 100 200 X ��. .: '`� �.�� . ,;. � � •'.lam'==�\ b. � �.�._. `r —.\, , �" 1• r , ' �\ - LEGEND: Topsoil Relocation Area (1900 Yds) / 1 '• _^ram-, ' `• 1 ', ` 1 / ,�''�O ��'� �� � �� 1��' `�\♦' •� �" IN \ 1 �\ l 1 `♦��- ----.---_ `_----_-'-_ _-_+s..� r - as . � y-l".2aa°', - , \ � `•\'- �-_ l � 1� _ _- -- - ��-,�a...i �_�— , —= �... - .--. � --- - •4 u' -- Y)AMBOREE RD� ©� � X Figure 2 Topsoil Relocation Area ff1\�:I 0.8 Acres M;R.jalL� „} 71. :�� j I ••� •-. �� - � � 0.2 Acres i I r%, �•�•%' I I i .�—r- .. �� , • •may)�//�/��^v � y �. � r o 6/5/95(SPOSOI ) SmIc LSh O mmm%inFeet too 201) ;,,3.6 Acres I i f. i ^N��o9PG 2.5,Acres fU r, LEGEND: Preserved Scrub CSS Restoration jjj/ :r ! 1. .!� ,%• • `� - - __ _ — _� '�• Mom• \ 4w� ` \`� --TJAMBOREE RD x - Figure 3 Site Plan LEGEND: I mCSS Restoration 6/5/95(SP0501) ' N T SASole in Feet 0— 10tm L^ 200 rigure 4 Newporter Knoll ILSA Associates, me plants, followed by hydroseeding of the slope above San Joaquin Hills Road and hand seeding of the flat and gentle slopes. Preserved Scrub Above San Joaquin Hills Road This area will receive supplemental planting following the removal of invasive exotic plants, which will leave bare areas in the existing vegetation. Neuporter Knoll Establishing CSS on the Newporter Knoll will be accomplished by installing container plants in scattered groupings throughout the site followed by hand seeding of those areas. Although the gross area of this site is 12 acres, the plant establishment area will be less, because only 8.8 acres is covered with annual grasses. The remainder of the area is existing CSS and wetland. The strategy for this site is to get some CSS,started, with widespread estab- lishment occurring over a longer term than on the other areas in the project. Site preparation for these areas will consist of cutting and removing the ' annual grasses and scarifying each planting location. It is recognized that a sizable seed bank of the annual grasses exists on these areas. For this rea- son, installing container plants along with the sowing of some seed on a portion of the area was chosen over the use of seed only. The seed of native perennial species does not compete well with non-native annuals. I J PLANT PALETTES The plant palettes for the CSS revegeuttion were selected to replicate as closely as possible the existing CSS community that will be -lost to grading and CSS found on the adjacent slopes and bluff. For this reason, the 6.0 acres of replacement in the graded area has been broken into two separate treatment areas: 1) the slope above San Joaquin Hills Road; and 2) the grad- ed areas behind the bluff and road slope. Graded Slope Above San Joaquin Hills Road Coastal Sage Scrub Container Plants The plant list for the container plants to be used in the 2.5 acre slope above San Joaquin Hills Road is as follows: 08/24/95(I:%SP0501 CSSRESr.P1N) M Amdates, Ina I Total Number Scientific Name Common Name of Plants Dudleya Ianceolata Live forever 100 Isocoma menziesit Coastal goldenbush' 100 Baccbaris pilularis Coyote bush' 100 Nassella pulcbra Purple needlegrass' 100 Sambucus mexicana Mexican elderberry 20 Leymus condensatus Giant wild -rye' 100 Isomerts arborea Bladderpod 50 Suaeda taxlfolia Wooly sea-blite 100 Artemisia californica California sagebrush 100 Encelia californica California encelia' 100 Total Number of Plants 870 Coastal Sage Scrub Hydroseeding Following the installation of the container plants, the slope above San Joaquin Hills Road (2.5 acres) is to be hydroseeded with the following seed mix: Total Lbs. lbs. Scientific Name Common Name Seed/Acre Seed Artemisia californica California sagebrush 5.6 14.0 Encelia californica California encelia 3.0 7.5 Lotus scoparlus Coastal deerweed 1.0 2.5 Baccbarls emoryi Emory baccharis .5 1.3 Baccbarts pilularis Coyote bush 2.5 6.3 Sisyrincbium bellum Blue-eyed grass .5 1.3 Atriplex canescens Fourwing saltbush 1.5 3.8 Atriplex lenttformis Brewer's saltbush 1.0 2.5 Malicotbrix saxatilis Cliff malacothrix .1 .5 ' Plants to be inoculated at the nursery with mycorrhizal fungi. (Mycorrhizal fungi attach themselves to the roots of plants and form a symbiotic relationship with the plant by making moisture and nutri- ents more readily available to the plant.) 08/24/95 (t: %S P0501'.CSSREST.P LN) `I %FA limdateS, Ina II II II Scientific Name Common Name Lbs. Seed/Acre Total lbs. Seed Nassella pulcbra Purple needlegrass 1.5 3.8 Lupinus succulentus Arroyo lupine 2.0 5.0 Lastbenia caltfornica Goldfields 2.5 6.3 Plantago insularis Wooly plantain 3.0 7.5 Gnapalium californicum California .5 1.3 everlasting Hazardia squarrosa Saw-toothed .5 1.3 goldenbush Isocoma menziesii Coastal goldenbush 1.5 3.8 Ericpbyllum Golden yarrow 1.0 2.5 confect florum Total 28.2 71.2 The total amount of seed required for the 2.5 acres of hydroseeding on the San Joaquin Hills Road slope is 71.2 pounds. The purity and germination for all seed shall meet the "S&S Guidelines for Seed Specifications," revised 1992. Graded Flat and Slopes Above Bltff This area includes the graded slopes above the bluff and the San Joaquin Hills Road slope on both the north and the south ends of the project. Coastal Sage Scrub Container Plants The plant list for the container plants to be used in the 3.5 acre graded area to be revegetated is as follows: Total Number Scientific Name Common Name of Plants Dudleya lanceolata Isocoma menziesii Baccharis pilularis Nassella pulcbra Live forever 50 Coastal goldenbusht 240 Coyote bush[ 120 Purple needlegrasst 70 t Plants to be inoculated at the nursery with mycorrhizal fungi. (Mycorrhizal fungi attach themselves to the roots of the plants and f orm a symbiotic relationship with the plant by making moisture and nutrients more readily available to the plant.) 0824/95 (1: %SP0501 %CSS REST.PLN) 0 II LIA A=date4 Inc it U 1 I 'i Scientific Name Common Name Total Number of Plants Sambucus mexicana Mexican elderberry 120 Artemisia caltfornica California sagebrush' 1,200 Isomeris arborea Bladderpod 120 Encelia caltfornica California encelia' 480 Total Number of Plants 2,400 Coastal Sage Scrub Hand Seeding Following the installation of the container plants, the following seed mix is to be hand applied on the flat and slopes above the bluff (3.5 acres): Lbs. Total Lbs. Scientific Name Artemisia caltfornica Isocoma menziesii Haxardia squarrosa Encelia caltfornica Eriogonum fasciculatum Gnapbalium caltfornicum Mimulus aurantiacus Baccbaris pilularis Lupinus succulentis Lotus scoparius Sisyrincbium bellum Nassella pulcbra Eriopbylum confertiflorum Lastbenia caltfornica Total Common Name California sagebrush Coastal goldenbush Saw-toothed goldenbush California encelia California buckwheat California everlasting Bush monkeyflower Coyote bush Arroyo lupine Deerweed Blue-eyed grass Purple needlegrass Golden yarrow Goldfields Seed/Acre Seed 5.0 17.5 1.5 5.3 0.5 1.8 2.5 9.0 9.0 31.5 0.5 0.5 0.5 2.0 2.0 1.0 1.5 1.0 2.5 30.0 In 1.8 1.8 7.0 7.0 3.5 5.3 3.5 9.0 105.8 The total amount of seed required for the 3.5 acres of hand seeding on the graded area above the bluff is 105.8 pounds. The purity and germination for all of the seed shall meet the "S&S Guidelines for Seed Specifications," re- vised 1992. 08R4N5(1:'+SP0501%CSSRFST.PLN) 9 I I LSA Au date; Ina I I U I I I I I I I I Preserved Scrub Above San Joaquin Hills Road Supplemental Container Plants The plant palette for supplementing the areas made bare by the removal of the exotic species in the existing CSS on the slope above San Joaquin Hills Road is as follows: Total Number of Scientific Name Common Name Plants Artemisia caltfornica Atriplex canescens Baccbaris pilularis Encelia caltfornica Leymus condensatus Isomeris arborea Isocoma menziesii Sambucus mexicana Hazardia squarrosa Suaeda taxifolia Total Neuporter Knoll California sagebrush' 100 Fourwing saltbush 150 Coyote bush' 30 California encella' 50 Giant wild -rye' 30 Bladderpod 30 Coastal goldenbush' 50 Mexican elderberry 10 Saw-toothed goldenbush 50 Wooly sea-blite 50 Coastal Sage Scrub Container Plants 550 The following plants are to be installed in groups ranging from 12 to 120 plants each (400-4,400 sq. ft.): I ' Plants to be inoculated at the nursery with mycorrhizal fungi. (Mycorrhizal fungi attach themselves to the roots of the plants and form a symbiotic relationship with the plant making moisture and nutrients more readily available to the plant.) 0824/95(I:%SP0501%CSSRE5r.P1.N) 10 LSA Ar dales, Ina Total Number of Scientific Name Common name Plants Artemisia californica California sagebrush' 1,470 Eriogonum fasciculatum California buckwheat' 730 Encelia californica California encelia' 730 Nassella pulchra Purple needlegrass' 80 Isocoma menziesii Coastal goldenbush' 180 Ertophylum conferttflorum Golden yarrow 40 Isomeris arborea Bladderpod 180 Baccbaris pilularis Coyote bush' 180 Sambucus mexicana Mexican elderberry 40 Baccharis emoryii Emory baccharis' 40 Total 3i670 Coastal Sage Scrub Hand Seeding Following the installation of the container plants, the following seed mix is to be applied to the areas in which the plants are grouped. In addition, some seed is to be sown in a small amount of the area that will not be plant- ed with containers. Lbs. Total lbs. Scientific Name Common Name seed/acre seed Artemisia californica California sagebrush 5.6 19.6 Encelia californica California encelia 3.0 10.5 Lotus scoparius Coastal deerweed 1.0 3.5 Eriogonum fasciculatum California .5 1.8 buckwheat Baccbaris pilularis Coyote bush 2.5 8.8 SiVrinchium bellum Blue-eyed grass .5 1.8 Nassella pulchra Purple needlegrass 1.5 5.3 ' Plants to be inoculated at the nursery with mycorrhizal fungi. (Mycorrhizal fungi attach themselves to the roots of the plants and form a symbiotic relationship with the plant by making moisture and nutrients more readily available to the plant.) 08/24/95(I:+SP0501•,CSSRE5P.PLN) 11 11 LSA A=date; Ina Lbs. Total lbs. Scientific Name Common Name seed/acre seed Lupinus succulentus Arroyo lupine 2.0 7.0 Gnapalium californicum California .5 1.8 everlasting Hazardia squarrosa Saw-toothed .5 1.8 goldenbush Isocoma menziesii Coastal goldenbush 1.5 5.3 Eriophyllum Golden yarrow 1.0 3.5 conferti,/lorum Total 20.1 70.7 PLANTING METHODS Sources of Plant Materials/Methods of Propagation If possible, all plant materials for the replacement of the CSS shall be ob- tained from vicinity of Upper Newport Bay. For those species that do not exist in large enough quantities within this area to provide adequate seed for ' the project, it will be necessary to use seed collected from other areas within a three mile radius of the restoration site. Seed for this region was limited during 1994 due to the October, 1993, Laguna Canyon fire; however, it is hoped that availability will be greater for 1995. Limitations in seed availabili- ty will be accommodated by off -site seed collection, and possibly the propa- gation of some species from cuttings, if necessary. Provisions will be made with a seed collection contractor as soon as possible to ensure that plant and seed materials will be collected from sites as close to the revegetation area as possible. The required nursery stock shall be contract grown by a coastal nursery that has experience in growing native plants (e.g., Tree of Life Nursery or Village Nursery), to ensure that propa- gules used are collected from approved sites. All planting stock shall be grown in the nursery for a period of at least four, and preferably six, months. With the exception of the cactus, all plants shall be delivered for planting in D-40 containers in a healthy growing condition, with roots filling the con- tainer but showing no tendency toward being rootbound. The cactus shall be grown from cuttings in one gallon containers. ' Recommended Planting and Seeding Tunes The normal germination period for native vegetation and the best season for plant root development and establishment in Southern California occurs during the winter rainy season. For this reason, the planting and seeding of ' 08/24/95(1:'SP0501%CSSa88T.PuN) 12 I ILYAAmdates, Ina the CSS revegetation should be done between approximately October 15 and February 15. However, optimal results will likely be obtained from Novem- ber and December plantings and seeding, depending on the timing of sea- sonal rains. Normally, no revegetation or remedial planting and seeding would occur between February 15 and October 15, because germination is ' unlikely to occur and plants will likely die due to a lack of moisture. Irriga- tion should not be used to lengthen the planting window. If anything, the use of irrigation to lengthen the planting season will be detrimental by favor- ing the growth of annual weeds, which will surpass the growth of the native plants. However, where CSS is installed on manufactured slopes such as is the case for this project, irrigation helps, over time, to loosen the compacted soil through the wetting and drying process, which causes the soil to swell and shrink. Site Preparation Requirements Graded Areas The slopes of the graded revegetation areas should be finished in a manner that provides a good (e.g., scarified) substrate, with minimum soil compac- tion. The surface of the large regraded slope immediately above San Joaquin Hills Road should be finished with a sheepsfoot roller (as opposed to grid rolling) or trackwalked to provide a surface that offers "safe sites" for seed to germinate and reduce surficial erosion. Following grading, the gentle slope of the graded area at the top of the bluff shall be ripped to a depth of 18 Inches. This will be done prior to the replacement of the topsoil. Weed Control ' In order to maximize the probability of successful revegetation in graded areas, the seed bed and the planting site must be as weed free as possible. if for some reason it is not possible to complete the planting and seeding immediately following grading, it will be necessary to remove all weeds that may become established between the completion of grading and the seeding and planting of the site. This weed eradication is required prior to the weeds going to seed and/or implementation of the plan. Control will employ mechanical methods and/or EPA labeled herbicides; no pre -emergent herbi- cides may be used. In order to prevent unnecessary competition with the native plant communi- ty to be established, no grasses shall be seeded or planted as erosion control measures prior to the native vegetation. In case of heavy rainfall conditions, non -vegetative erosion control measures (i.e., sandbags, jute netting, etc.) are to be used on the graded slopes between the completion of the grading and the installation of the planned native plant community. I08/24/95(I:wsr0501•.csSxnsr.rtd) 13 J ILrA Anodates, Ina 11 Soil Relocation/Soil Treatments The spreading of CSS topsoil onto the revegetation sites is very valuable in reestablishing the native species. This topsoil contains the spores of mycorrhizal fungi, and many seeds and roots of the desired plant species. In the coastal sage scrub areas (on the flat, not the slope above the road) to be cleared and grubbed, the top six inches of topsoil will be removed, stock- piled, and subsequently placed on the finished slopes to be restored to CSS. This is to be done only to those areas above the San Joaquin Hills Road slope that are deemed practicable by the Revegetation Specialist after consul- tation with the contractor. The boundaries of the topsoil recovery areas, as well as the stockpile areas, will be designated by the Revegetation Specialist before or at the time of grading. Prior to recovering the topsoil, all vegetation in the recovery area is to be shredded in place. The topsoil is then to be picked up (preferably with pad- dle scrapers, but windrowing and picking up with a front end loader may be used), and stockpiled for placement on the finished slopes of the project. The recovered topsoil is to be placed as a top dressing on the restoration sites to an approximate depth of three to six inches. It is to be spread loose- ly, minimizing compaction by equipment (e.g., truck and scraper tires), and is to be bonded to the relocation site with a sheepsfoot roller. Removal of Exotic Vegetation in Preserved CSS Area The slope above San Joaquin Hills Road between Back Bay Drive and the project limits of grading is covered with CSS that has been invaded by exotic vegetation over the past 20 years. Most of this exotic vegetation has become established as a result of the moisture that has been added to the site through the storm drains that empty onto the Newporter North flat. This added moisture is conducive to the germination and growth of such plant species as pampas grass (Cortaderia selloana), Brazilian pepper (Scbinus terebintbifolius), myoporum (Myoporum laetum); and tamarisk (Tamarix sp.), which require more moisture than the native CSS. All of these species plus artichoke thistle (Cynara cardunculus), tree tobacco (Nicotiana glauca), and yellow sweet clover (melilotus indica) are present in this dis- turbed plant community. The pampas grass is to be removed mechanically, making certain that enough of the root system is removed so that it does not have the ability to resprout. All of the artichoke thistle shall be sprayed to wet with a two percent solu- tion of Roundup (glyphosate) to which a dye or colorant shall be mixed in ' order to identify the treated individuals. All of the woody species shall be cut clean, as close to the soil surface as possible, avoiding breakage of the remaining stem. Immediately after cutting, the sawdust is to be brushed or wiped off the stump, and the stump is to be 0824/95(I:%SP0501%CSSRr6r.Pt.t) 14 I IL4A As Gates, Ina treated with Roundup or Rodeo, painted on at full strength. An approved dye or colorant shall be mixed with the herbicide to identify sprayed stumps. Delay In painting the stumps may result in less than optimum results. All vegetative material resulting from the treatment of these species shall be disposed of off site. ,! Nothing need be done about the sweet clover because this species should +� disappear as a result of the grading, which is expected to reduce the amount of moisture reaching this slope. Newporter Knoll The existing vegetation on the knoll is mainly annual grasses with some artichoke thistle, curly dock (Rumex crispus), western ragweed (Ambrosia psilostacbya), and a very occasional California sagebrush in the northwest corner. In the grouping areas to be planted with container plants, which will be staked by the Revegetation Specialist, the annual grasses and any other non-native species that might be present are to be cut and removed by hand. All of the artichoke thistle shall be sprayed to wet with a two percent solu- tion of Rodeo (glyphosate approved for use near bodies of water) to which a dye or colorant shall be mixed in order to identify the treated individuals. IFencing and Signing In order to prevent the public from walking through the restoration areas, it will be necessary to install temporary fencing in those areas where perma- nent fencing is not to be installed. A six foot high temporary chain link fence with gate is to be installed along the bottom of the slope bordering San Joaquin Hills Road to the junction with Back Bay Drive. In addition to potential damage from human trespass, abundant rabbits, pocket gophers and ground squirrels in the area may be expected to browse on plantings. If the revegetation monitor determines that the plantings are being jeopardized by wildlife, corrective measures such as temporary rabbit fences or plant cages shall be installed. The standard silt fence will work well for this purpose; otherwise, a three foot high chicken wire fence shall be used. Silt fence fabric fastened to the chain link or chicken wire fence should help deter ground squirrels; this can be implemented if necessary. If these measures are impractical due to topographical irregularity, ground squirrel poison bait stations may be necessary to decrease herbivory. In addition to fencing, small signs labeling the site as a native plant restora- tion area will be placed on all sides of the site. J 11 O8/14/95(1:'.SPO501, CSSREST.PLN) 15 I I!SA Associate; hia ISoil Amendments A soil analysis shall be done to determine fertility and agricultural suitability, and to test for salt and boron toxicity. Soil samples shall be taken prior to site preparation so that a different site can be chosen, should boron or salt toxicity be present. Sampling shall be done under the supervision of a Revegetation Specialist; it shall include at least one test unit from each sur- face soil type present on the site, and should be a composite of at least six samples from the top six to eight inches of each soil type. The soil samples shall be analyzed by a qualified agronomist, who will submit a written report of his recommendations based on the completed soil testing. If soil treat- ment is required, it will be implemented under the direction of a Revegetation Specialist before the placing of the relocated topsoil. Hydroseeding Technique The graded slope adjoining San Joaquin Hills Road shall be hydroseeded between November 1, 1995, and December 31, 1995. _ The standard hydroseeding technique will be employed, but with two applications applied as follows: First Application • 500 lbs./acre of wood fiber mulch. • 150 lbs. Of Ecology Control binder (or comparable product). • Specified seed. Second Application • 150 lbs./acre of wood fiber mulch. Prior to seeding, all plants shall be covered with paper bags or other suitable cover that is acceptable to the Revegetation Specialist. These covets are to be removed within 24 hours following the completion of the hydroseeding. Hand Seeding Technique On all of those areas outside of the San Joaquin Hills Road slope that are to receive seed, seed shall be applied by hand. This is to be accomplished following the installation of the container plants. The entire area is to be hand seeded with the seed mix described above. Before broadcasting, the seed shall be mixed with a dispersal agent such as rice hulls, bran, or some other acceptable medium that will aid in good seed dispersal and coverage. tAfter broadcasting, the seed is to be lightly raked into the soil surface to ensure good seed contact with the soil. 08/24/95(I:%SP0501%CSSRFSr.PU4) 16 I ILSA A$Mdate; Inc �- Planting T'ecbnique With the exception of those species noted in the plant list, container plant- ings shall be used to supplement the revegetation achieved with the initial seeding. The total number of plants shown in the container plant list is the maximum expected number required to meet the performance standards with supplemental coverage. The exact number and location of these plants will be determined by the Revegetation Specialist. The actual number of supplemental container plantings that will be required Is expected to be significantly lower than the total number shown. The container plants that are to be planted immediately following seeding shall be spaced in natural looking patterns to replicate the character of the adjacent CSS community as closely as possible. The supplemental plantings will be Installed one year following seeding. Both the initial plantings and the supplemental plantings shall be set out on the site under the supervision of a Revegetation Specialist and monitor, with consideration given to the microclimate for each plant. All shrubs and small flowering plants, as well as native grasses, shall be plant- ed according to the following directions: The size of the planting hole shall be 1.5 times the height and 2.0 times the width of the rootball, and shall have vertical sides with roughened suncces. • Any roots wrapped around the sides of the container shall be pulled loose from the rootball. The sides of the rootball shall be scarified to promote new root development. • Plants shall be planted with the roots untangled and laid out in the planting hole to promote good root growth and prevent the plant from becoming rootbound. Roots shall be adequately protected at all times from sun and/or dry- ing winds. • The planting hole shall be backfilled with thoroughly broken up na- tive topsoil. ' Plants shall be set in the planting hole so that the crown of the root ball is 0.5 inch above finish grade. The crown of the plant shall not be depressed. A watering basin 24 Inches in diameter shall be provided around each plant. • Each planting hole shall be filled with water before planting and, immediately following planting, each plant is to be watered with sufficient water to reach the lower roots. 08/24/95(I:••.SP0501•.CSSRPST.PLN) 17 I IUAAssodates, Ina 11 IRRIGATION The CSS revegetation does not require permanent irrigation. However, on manufactured slopes the use of irrigation is advisable because it helps to loosen the soil through the expansion and contraction caused by the wetting and drying of the soil. For this reason, the use of irrigation is recommended on the manufactured slopes. Irrigation is to be applied to the site infre- quently but with sufficient water to reach below the lowest roots. This shall be done under the direction of the Revegetation Specialist. MAZNT'ENANCE ' Maintenance of all plantings and seeding shall be the responsibility of Stan- dard Pacific of Orange County, on a year to year basis as necessary to meet the performance standards (estimated to be three years). Maintenance will include any activities required to meet the performance standards set forth in this plan, in the estimation of the Revegetation Specialist. These include, but are not limited to, supplemental planting, weeding, and the maintenance of signs and fencing for protection from both humans and herbivores. IWeed Control For a minimum of three years following installation and major remedial efforts, or until performance standards have been met, weeds shall be con- trolled in revegetation areas to the extent necessary to prevent detrimental competition with container and seeded plantings for water, nutrients and light. All non-native invasive weeds shall be removed employing mechanical methods and/or EPA approved herbicides. No pre -emergent herbicides may be used. This shall be done at the direction of the restoration specialist monitoring the installation. Weed species to be removed include, but are not limited to, the following: • Mustard (Brassica and Herschfeldia spp.) • Selloa Pampas grass (Cortaderia selloana) • Pampas grass (Cortaderla jubata) • Bermuda grass (Cynodon dactylon) • Hottentot -fig (Carpobrotus edulls) • Garland chrysanthemum (Chrysanthemum coronarium) • French broom (Genista monspessulans) Scotch broom (Cytisus scoparius) , • Eucalyptus (Eucalyptus spp.) • Bermuda buttercup (Oxalis pes-caprae) I, Radish (Rapbanus spp.) • Castor bean (Ricinus communis) • Russian thistle (Salsola tragus) • German ivy (Senecio mikanoides) • Pink periwinkle (Vinca major) 08/24/95(1:%SP0501%CSSRFST.PLI) 18 I LYA Amdatea, Ine • Gorse (Wex europaeus) Wild oats (Avena sp.) • Brome grasses (Bromus $p.) Cardoon (Cynara cardunculus) • Curly -dock (Rumex crispus) • Crystalline iceplant (Mesembryanthemum crystallinum) • Small -flowered iceplant (Mesembryantbemum nody7orum) • Australian saltbush (Atriplex semibiccata) Sweet fennel (Foeniculum vulgare) • Horehound (Marubium vulgare) • Tocolote and Yellow star thistle (Centaurea sp.) • Sweet clover (Melilotus sp.). PERFORMANCE STANDARDS Graded Slopes and Preserved Scrub The goal of,the CSS mitigation will be to replicate the existing distribution patterns and relative proportions of key coastal sage scrub species within existing, high quality habitat on the site. Detailed transects of each restoration site will be performed to determine the existing frequencies of those species as measured by percentage of cover. Performance will be assessed based on the restoration area's developing a trend of vegetation cover diversity and species dominance that is similar to the reference area habitat. Establishment of habitat after five years will be considered successful if one or more of the following criteria are met: 1. The ranges of percentage of cover and species diversity of the plant species in the reestablished habitat shall be statistically inseparable, as determined by multivariate analysis from the percentage of cover and species diversity in existing, high quality habitat (i.e., habitat occupied by nesting California gnatcatchers). 2. The habitat supports (for foraging or nesting) California gnatcatchers. 3. There is mutual agreement by USFWS, CDFG and SPOC biologists x that restoration areas provide habitat for the California gnatcatcher. Newporter Knoll ' The goal of the planting and seeding on this site, as requested by the USFWS, is to establish CSS over a long period of time at a minimal cost. This to be achieved by establishing some "islands" of plants that will, over time, regen- erate, expand, and eventually form a canopy of CSS vegetation over much of the site. Consequently, performance for this area will be assessed based on 60 percent of the plants surviving at the end of a five year period, rather than overall vegetative cover. 08rz4/95(T:%SP0501.CSSRFsr.PLN) 19 I a&1 As date; Ina ' Progress Toward Performance Standards During the five years following installation, the following observable features may be considered to represent progress toward successful establishment of healthy functional habitat: Attainment of 60 percent ground cover at the end of three years, with species diversity similar to existing habitat on the adjacent bluff area (except Newporter Knoll.) • Germination and growth of a variety of the seeded plant species (total area coverage may be somewhat sparse after the first year). • Presence of young shoots for seeded species/noticeable growth and new branching for container plantings. • Good root development of desired (native) species, which will be checked by a pull test conducted by the revegetation monitor. • Lack of significant erosion. • Low percentage of invasive weeds/non-native grasses (0-25 percent cover). • Low mortality rate for container plantings (0-20 percent). ,f The goal of the revegetation program is to make progress toward the enu- merated performance standards throughout the monitoring period. All necessary steps will be taken to meet this goal. Specific performance stan- dards may be waived by the appropriate governmental agencies if monitoring indicates good growth towards a functional habitat, or if all reasonable cor- rective actions have been identified and implemented. MONITORING In order to assure that the revegetation performance standards are met, the entire revegetative process, from the collection of seed to a minimum of three years following the installation, shall be monitored. The site monitor will be an experienced restoration specialist, biologist, native landscape horti- culturist, or other professional qualified to assess the performance of the revegetation effort and recommend corrective measures, If needed. The monitoring program will consist of the following: Overseeing the propagule collection process, including the collection and germination testing of seed. • Initial and remedial planting and seeding operations monitoring as frequently as twice a week, depending on the conditions. 08/24/95(1:%SP0501%CSSRW.P1.N) 20 I ILSAAv dateg Ina • Initial monitoring (e.g., during plant establishment and at 30 and 90 days after initial planting) to determine success of establishment. A survey of the site will be performed if it is apparent that survival and/or gemination is poor and remedial measures are necessary. The survey will identify the number and species of plants lost and requir- ing replacement. • Monitoring for survival, appearance, and function. Monitoring will occur on a semiannual basis for three years following installation (2/96 through 2/99) and annually thereafter until the performance standards are met. A survey of the site to determine plant species composition and percentage of cover will be performed at this time. However, the project shall be considered successful if the perfor- mance standards are met any time prior to the end of the three year period, and no further monitoring would be required. Documentation The first report will be prepared immediately following installation, and will include the dates of all subsequent reports. Throughout the monitoring period, annual reports that include evaluation of survivorship, appearance, development of the habitat, and actions taken will be prepared by the site monitor, and will be submitted to SPOC, the City of Newport Beach, USFWS and CDFG. Monitoring and reports will include photo documentation at specified locations. In the reports, -the site monitor should state conclusions regarding the success or failure of each restoration area, including specific ' evidence -supporting the conclusions reached. REMEDIAL MEASURES The purpose of the remedial measures is to remedy unsuccessful restoration efforts, as indicated by non-native species or bare ground. Remedial mea- sures, as identified in the monitoring report, include weed eradication, re- placement of dead or diseased container plantings, and/or reseeding in areas as necessary to meet the performance standards. Such actions will be taken immediately upon the identification of problems, and will occur as often as necessary to meet the performance standards. The removal of dead and/or diseased container plants is left to the discretion of the site monitor. 7, I I08/24/95(1:%SP0501'+CSSRrSr.PLN) 21 1 LEIGHTON AND ASSOCIATES, INC. Geotechnical and Environmental Engineering Consultants a GEOTECHNICAL REPORT OF ROUGH GRADING, LOTS 1 THROUGH 28, A PORTION OF TENTATIVE TRACT 15011 (FUTURE TRACT 15222), NEWPORTER NORTH PROPERTY, CITY OF NEWPORT BEACH, CALIFORNIA May 2, 1996 Project No. 1851578-08 Prepared for: Standard Pacific Corporation 1565 MacArthur Boulevard Costa Mesa, California 92626 (714) 250-1421 • (800) 253-4567 17781 COWAN, IRVINE, CA 92714 FAX (714) 250-1 1 14 n I I LEIGHTON AND ASSOCIATES, INC. Geotedmical and Environmental Engineering Consultants May 2, 1996 Project No. 1851578-08 To: Standard Pacific Corporation 1565 MacArthur Boulevard Costa Mesa, California 92626 Attention: Mr. David Foell Subject: Geotechnical Report of Rough Grading, Lots 1 through 28, a Portion of Tentative Tract 15011 (Future Tract 15222), Newporter North Property, City of Newport Beach, California ' In accordance with your request and authorization, Leighton and Associates, Inc. (Leighton) has provided geotechnical services during rough grading of Lots 1 through 28, Tentative Tract 15011 (Future Tract 15222) at the Newporter North Property in the City of Newport Beach, California. C i I This report summarizes geotechnical conditions encountered during rough grading, field and laboratory test results, and provides our conclusions and recommendations. The 40-scale Rough Grading Plan, Sheet 4 of 7, Tentative Tract 15011, prepared by MDS Engineering, revised and transmitted on December 21, 1995, was used as a base map during rough grading and serves as the base map for the accompanying Geotechnical Map and Field Density Test Location Map, Plates 2 and 3, respectively. We conclude that the subject rough grading was performed in substantial conformance with our recommendations and the City of Newport Beach requirements. The site is considered suitable for the intended use, provided our recommendations are implemented. If you have any questions regarding our report, please do not hesitate to contact this office. We appreciate the opportunity to be of service. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. ^?Qcr_sslo4, s . OSMAN rn Osman Pekin, Ph.D., GE 2331 F =3.9 3 ( 9N Senior Project Engineer SXG/OP/RM/elr Distribution: (4) Addressee (3) R. T. Higley and Associates Attention: Mr. Rick Higley (2) City of Newport Beach Attention: Mr. John "Rusty" Price Rosalind Munro, CEG 1269 Principal Geologist (714) 250-1421 • (800) 253-4567 FAX (714) 250-1 1 14 17781 COWAN, IRVINE, CA 92714 1851578-04 j TABLE OF CONTENTS Section Page 1.0 INTRODUCTION.................................................... 1 1.1 Purpose and Scope .................................... ........ 1 2.0 SUMMARY OF EARTHWORK OPERATIONS .................. •....... , .. 2 3.0 SUMMARY OF GEOLOGIC CONDITIONS ............................... 3 3.1 Geologic Setting ............................................... 3 3.2 Bedrock....................................................... 3 3.3 Surficial Deposits ................................................ 3 3.4 Geologic Structure ............................................... 4 3.5 Seismicity and Seismic Hazards ...................................... 4 3.6 Landslides..................................................... 4 3.7 Ground Water and Seepage ........................................ 4 3.8 Refinements to Mapping .......................................... 4 4.0 SUMMARY OF GEOTECHNICAL ENGINEERING ........................ 5 4.1 Site Preparation and Removals ...................................... 5 4.2 Slope Stabilization 5 4.3 Subdrains...................................................... 5 4.4 Fill Placement .................................................. 5 ' 4.5 Field and Laboratory Testing ....................................... 6 5.0 CONCLUSIONS..................................................... 7 5.1 General Conclusions .............................................. 7 5.2 Summary of Conclusions ........................................... 7 6.0 RECOMMENDATIONS............................................... 8 6.1 Grading Operations .............................................. 8 6.2 Surface Drainage ................................................ 8 ' 6.3 -Maintenance es Graded Slopes ...................................... 9 6.4 Foundation Design . 9 6.5 Allowable Bearing Pressure ........ 10 6.6 Free -Standing Walls and Fences ..................................... 10 ' 6.7 Foundation Setbacks and Slope Creep ..................... 10 6.8 Lateral Earth Pressure and Retaining Structures .......................... 11 6.9 Concrete Driveway, Curb and Gutter ................................. 12 UIGHMNANGASSGCIANS, INC. ' 1851578-04 ' TABLE OF CONTENTS (Contd.) Section Page 6.10 Other Concrete Flatwork.......................................... 13 6.11 Preliminary Pavement Section ....................................... 13 6.12 Swimming Pools and Spas . 13 6.13 Concrete ...................................................... 14 ' 6.14 Geotechnical Observationfresting.................................... 14 ' Appendices Appendix A - References ' Appendix B - Laboratory Test Results Appendix C - Summary of Field Density Tests ' List of Tables and Illustrations ' Tables Page ' Table 1 - Summary of Geotechnical Parameters for Post -Tensioned Slab Design Rear of Text Table 2 - Minimum Foundation and Slab Recommendations for Expansive Soils Rear of Text ' Figures Figure 1 - Site Location Map Rear of Text Figure 2 - Typical Section Showing Setbacks from Bluff Edge and Trail Rear of Text Figure 3 - Retaining Wall Backfill and Subdrain Detail Rear of Text Figure 4 - Swimming Pool and Spa Design Criteria Detail Rear of Text Plates ' Plate 1 - Limits of Reported Area In Pocket Plate 2 - As -Graded Geotechnical Map In Pocket ' Plate 3 - Field Density Test Location Map In Pocket LEIGHrANANO�S, INC. 1851578-08 1.0 1 1.1 Purpose and Scope In accordance with your request and authorization, Leighton and Associates, Inc. is providing ' geotechnical services during the rough grading of Tentative Tract 15011 (Future Tract 15222) in the city of Newport Beach, California. The site is located on the west side of Jamboree Road, and bounded by San Joaquin Hills Road to the north and John Wayne Gulch to the south (see Site Location Map, Figure 1). This report documents the rough grading completed for Lots 1 through 28, as well as associated slopes. The tract boundaries and limits of the area being reported are shown on Plate 1. The 40-scale Rough Grading Plan, Tract 15011, Sheet 4 of 6 sheets, dated August 4,1995 and prepared by MDS Engineers, Inc. was utilized as base map ' to illustrate the as -graded geotechnical conditions (Plate 2). Sheet 4 of 6 was also used as the base for Plate 3, Field Density Test Location Map. The limits of rough grading documented in this report are identified on the accompanying maps. Slope numbers used in our grading plan ' review report (Leighton, 1995) were maintained, where applicable, through grading and in this final report. 1 1 LEIGNTGMANGASSGCIATES, INC. 85 578-08 ' 2.0 SUMMARY OF EARTHWORK OPERATIONS ' Newporter North rough grading operations at the subject site were performed during the period of January, 1996 through April,1996 by Sukut Construction. Rough grading of Lots 1 through 28 were completed in conformance with the grading plans. Excavation of stabilization fill, fill and sidehill ' shear keys, and removals of topsoil, colluvium, terrace deposits, and weathered bedrock (Monterey Formation) were performed and were geotechnically observed/tested and mapped prior to fill placement. Approximate elevations of removal bottom and limits of compacted fill are shown on the ' As -Graded Geotechnical Map (Plate 2). Specific grading operations during rough grading of the project site included the following: ' Heavy brush, cacti, grass and vegetation roots were removed and discarded offsite. • Top soil, colluvium, existing fill terrace deposits, and weathered bedrock in areas to receive structural fill were removed. Removal bottoms were observed and mapped prior to placement of compacted fill and subdrains (where constructed). tStabilization fills and sidehill shear key fills for slopes that exposed local, out -of -slope bedding conditions and seepage from the slope face were constructed (see As -Graded Geotechnical ' Map). Key excavations were geologically mapped prior to the placement of subdrains and compacted fill. • Subdrains in shear. keys and stabilization fills were installed as recommended or as field conditions necessitated. Approximate locations of these subdrains are shown on the As -Graded Geotechnical Map. ' Lots 1 through 28 and the landscape area adjacent to -Jamboree Road were overexcavated and capped. After removal of unsuitable material, additional overexcavation was performed where necessary to achieve a minimum 8 feet of low -permeability compacted fill over the entire site. ' Removal areas were scarified a minimum of 6 inches, moisture conditioned as necessary, recompacted, and replaced with compacted fill to have the minimum 8 feet cap. ' Compacted fill placement was observed and tested. Laboratory test results for maximum density and optimum moisture content are included in Appendix B. A tabulation of test results for field density, moisture content, and relative compaction is included in Appendix C. ' Soil sample from the finished grade were laboratory tested for evaluation of expansion potential and soluble sulfate content. Laboratory test results are included in Appendix B. ' LEIGHTDNANDASSDCIATES, INC. L 1851578-08 I I 3.0 SUMMARY OF GEOLOGIC CONDITIONS 3.1 Geologic Setting Tentative Tract 15011 lies at the northwest end of the San Joaquin Hills geomorphic province, an uplifted fault block between the Newport -Inglewood Structural Zone to the southwest, and the Elsinore Fault to the northeast. The San Joaquin Hills block has been dissected by the Santa Ana River and its tributaries. The site itself occupies a nearly flat mesa on the east side of Upper Newport Bay, which was the principal mouth of the Santa Ana River in the early part of this century. Today the bay is the outlet only for San Diego Creek, which was originally a tributary to the Santa Ana River. The main Santa Ana River outlet is now a few miles to the northwest, on the west side of the mesa on which the City of Costa Mesa is now located. The site is underlain by folded and fractured beds of the Tertiary Monterey formation, capped by a thin veneer of Quaternary terrace deposits. The base of the terrace deposits is a wave -cut platform created when this section of the San Joaquin Hills block was at sea level, approximately 120,000 years ago. The broad uplift of this entire section of the southern California coast during the past 250,000 years was probably accomplished primarily by accumulated movement on the bounding fault systems, especially the Newport Inglewood system, which passes at this location just offshore to the southwest. I3.2 Bedrock Monterey Formation (Map Symbol: Tm): The Monterey Formation underlying this site is a sequence of marine sedimentary rocks of late Miocene age. The rock types are predominantly siliceous and non -siliceous clayey siltstone, with abundant interbeds of clayey diatomaceous ' siltstone and fine sandstone. Local irregular lenses and thin beds of water -laid tuff, commonly altered to highly plastic clay, are also present. Beds range from less than 1/4 inch to approximately 3 feet in thickness, and bedding is commonly very pronounced. Joints are ' common and closely spaced. They vary from slightly open to closed or filled, but appear to be the primary source of permeability in the bedrock at this site. Removals within the bedrock were taken down to competent, relatively unweathered material. 3.3 Surficial Deposits ' Terrace Deposits (Map Symbol: Qt): Shallow marine sediments form a thin mantle on top of the Monterey Formation across nearly the entire site. The fine sands and silty sands that compose the terrace deposits are loose, compressible, and have low permeability. They commonly contain a basal gravel layer containing fragments of the underlying siltstone and sandstone of the Monterey Formation. Their maximum thickness on the site is approximately ' 7 feet. Bedding is generally approximately horizontal and indistinct to massive. Across most of the site, the top of the terrace deposits consists of a thin (1-2 feet) layer of topsoil (not mapped) that has developed on the terrace since it was uplifted and exposed. All terrace deposits were 1 removed down to unweathered bedrock prior to fill placement. -3- & �1 - LEIGHTDNANDASSGCIATES, INC. 1851578-08 Topsoil/Slopewash (not mapped/Map Symbol: Qsw): A layer of medium brown, loose, dry sand with plant roots comprises a topsoil layer over much of the mesa. The layer is primarily ' reworked (for agriculture) terrace deposits. All topsoil/slopewash in areas to be developed were removed prior to fill placement. Artificial Fill (Map Symbol: Af): A thin slope cover of artificial fill was encountered along the eastern part of the slope above San Joaquin Hills Road. This fill was removed during the construction of the slope stabilization fill. 3.4 Geologic Structure I Regional tectonic activity has uplifted the bedrock in the region into an elongated arched fold (anticlinorium) trending to the northwest beneath the San Joaquin Hills. Exposures of the Monterey Formation reveal the bedding to be highly folded and locally faulted. No major faults ' were observed during grading of this portion of the site with only minor shears being exposed. No evidence of active faulting was noted. 3.5 Seismicity and Seismic Hazards No active faults were observed crossing the subject site. Since the surface rupture hazard is limited to the surface traces of active faults, the likelihood of future fault rupture directly on the site is very low. The site is not located in an Alquist-Priolo Special Studies Zone. The site lies within Seismic Zone 4 of the Uniform Building Code. ' 3.6 Landslides No landslides were encountered during grading of this portion of the site. Minor back slope ' failures occurred in the key excavation for the stabilization fill along San Joaquin Hills Road. the loose debris was removed and placed in compacted fill during grading. 1 3.7 Ground Water and Seepage Frequent ground water seepage was noted along the back cut for the slope stabilization fill above San Joaquin Hills Road, and within the key way itself. A system of back drains was installed to allow drainage (see Geotechnical Map, Plate 2). 3.8 Refinements to Mapping tGeologic conditions encountered during grading of this portion of the site were as previously anticipated (Leighton, 1995). ' 4 W014 �- LEICHTCNANCASSCCIATES, INC. ' 1851578-08 4.0 SUMMARY OF GEOTECHNICAL ENGINEERING 4.1 Site Preparation and Removals The site was brushed and the organics removed and hauled offsite prior to grading operations. ' Existing fills, topsoil, colluvium, terrace deposits, and weathered bedrock were removed as recommended. Removal areas were geotechnically observed and/or tested, geologically mapped, and accepted prior to placement of subdrains and/or structural fill. Note that, based on the exposed conditions in the field during grading, the actual depths and lateral extent of removals were locally different than those previously recommended in our preliminary investigation/grading plan review reports (Leighton,1995 and 1996). The limits and depths of the actual removals are depicted on the As -Graded Geotechnical Map (Plate 2). 1 4.2 Slope Stabilization The remedial measure recommendations for slope stabilization of our previous reports (Leighton,1994,1995, and 1996d) were followed during rough grading. The actually constructed limits and depths of key bottoms are as depicted on the As -Graded Geotechnical Map (Plate 2). 4.3 Subdrains Subdrains were installed in all stabilization fills, as recommended. Subdrains consisted of 4-inch perforated PVC pipe placed within 11/z-inch maximum size gravel wrapped in geofabric, Mirafi 140. The toe subdrains were approximately 9 cubic feet of gravel per foot and mid -slope ' subdrains were approximately 3 cubic feet of gravel per foot. The installed subdrains were surveyed for line and grade by the project civil engineer, MDS Consulting, prior to burial. In addition, trench drains, 2 feet wide, filled with at least 3 feet of Caltrans Class H permeable filter ' material were used. The approximate locations of the installed subdrains and trench drains are depicted on the As -Graded Geotechnical Map (Plate 2). 1 4.4 Fill Placement ' After removals and overexcavations, areas to receive fills were processed to depths of 6 to 12 inches (scarified, moisture conditioned as needed, and recompacted in -place) to a minimum of 90 percent relative compaction. ' The excavated native materials utilized as fill materials were spread in 6- to 8-inch loose lifts, moisture -conditioned as necessary to obtain generally higher than but near optimum moisture content, and compacted to a minimum of 90 percent of the materials relative compaction in ' accordance with ASTM 1557-91. Compaction was achieved with towed sheepsfoot rollers and heavy, rubber -tired, earthmoving equipment. Approximate density test locations are shown on Plate 3. Density test results are presented in Appendix C. 1 -5- & �^ tLEIGNrONANDASSOOTES, INC. ' 1851578-08 heavy, rubber -tired, earthmoving equipment. Approximate density test locations are shown on Plate 3. Density test results are presented in Appendix C. ' Fill materials used for lot capping were mixtures of Monterey and Terrace materials. The overall cap permeability and its seepage control function were in conformance with our report (Leighton, 1995). Compaction on slope faces was achieved by sheepsfoot backrolling at 3- to 4-foot intervals of slope height gain. Slope finishing was achieved by using both a grid roller and a vibratory grid ' roller. Where relative compaction test results fell below 90 percent of the maximum dry density, the fill was either removed, or reprocessed and recompacted until subsequent testing indicated that the relative compaction was at least 90 percent. 1 4.5 Field and Laboratory Testin 1 Field density tests were performed in accordance with ASTM Test Methods D2937-83 (drive cylinder), D2922-81 (nuclear gauge), or D1556-64 (sand cone). Approximate test locations are shown on the Field Density Test Location Map (Plate 3) and test results are presented in Appendix C. ' The maximum dry density -optimum moisture relationship was determined for each soil type used as compacted fill in accordance with ASTM Test Method D1557-91. The results are tabulated in Appendix B. Expansion index and soluble sulfate content tests of building pad finish grade materials were ' performed. The results are presented in Appendix B. In general, the soils have low to medium expansion potential, and have soluble sulfate less than 0.2 percent. -6 LEICNrCNANOASSCCLUES, INC. 1851578-08 5.0 CONCLUSIONS ' 5.1 General Conclusions The subject Lots 1 through 28 and associated slopes of the Newporter North project as ' delineated on Plate 1, have been rough graded in substantial compliance with our recommendations and the requirements of the City of Newport Beach. Therefore, rough grading of the subject site is acceptable from a geotechnical viewpoint, and the site is considered ' suitable for the intended use provided the recommendations of this report are implemented during precise grading, design, and construction phases of the project. I 5.2 Summary of Conclusions • Lots have been completed to the approximate rough grades indicated on Plate 2. Finished pad relative compaction tests are provided in Appendix C. • Geotechnical conditions encountered during rough grading operations were found to be in general agreement with the results of our preliminary investigation. • Unsuitable materials were removed during grading. Removal bottom areas were observed and/or tested and geotechnically accepted prior to the placement of engineered fill. • All areas within the limits of proposed future irrigation have a minimum fill cap of 8 feet beneath finish pad grade. Subdrains were installed in stabilization fills and seepage areas, as recommended. • Graded slopes are considered to be surficially and grossly stable. • Fill materials were compacted to a minimum relative compaction of 90 percent of maximum dry density determined in accordance with ASTM Test Method D1557-91. • Expansion tests were performed on several samples as representative for building subgrade materials. Based on these test results, the expansion potential of the finish grade materials is classified as very low to medium. • Soluble sulfate content testing was also performed. The test data indicated the soluble sulfate contents of the onsite earth materials are generally less than 0.2 percent. -7- � LEICNTCNANCASSCCIATES, INC. iE: 4RIIE:11i?3 I L' GI F I 6.0 RECOMMENDATIONS Lots 1 through 28 in Newporter North, Tentative Tract 15011 (Future Tract 15222), have been completed to approximate design grades shown on the accompanying As -Graded Geotechnical Map (Plate 2). It is very important that precise grading operations be observed and tested by a geotechnical consultant. Specific recommendations are presented in the following sections. 6.1 Grading Operations Any vegetation and debris should be removed and disposed of offsite. Fill materials should be free of debris and organic matters. All weathered and dry materials not removed by proposed grading should be scarified, moisture -conditioned to near optimum, and compacted prior to placement of additional fill and/or building construction. Fill materials should be placed in loose horizontal lifts no thicker than 8 inches, moisture - conditioned and mixed, as necessary, and compacted to at least 90 percent of maximum dry density as determined by ASTM Test Method D1557-91. 6.2 Surface Drainage Adequate lot surface drainage is a very important factor in reducing the likelihood of adverse behavior of foundations, hardscape and slopes. Surface drainage should be sufficient to prevent ponding of water anywhere on a lot, and especially near structures and tops of slopes. Surface water should not be allowed to flow over the tops of slopes. Care should be taken that future landscaping or construction does not create adverse drainage. Therefore,lot surface drainage should be carefully taken into consideration during fine grading, landscaping, and building construction. Positive surface drainage should be provided and maintained to direct surface water away from structures (buildings, pools, spas, etc.) and slopes and towards the street, area - drain inlets or other suitable collection drainage facilities. In general, the area within 5 feet around buildings should slope away from the buildings. We suggest that unpaved, lawn, and landscape areas have a minimum gradient of 2 percent (preferably 5 percent) sloping away from buildings and wherever possible, should be above adjacent paved areas. Buildings should have roof gutters with downspout, and the roof run-off should be carried to the street or other suitable drainage outlets by water tight drain pipes or over paved areas. Water should be transported off the site in approved drainage devices such as gutters, paved drainage swales, or water tight area drains and collector pipes. Unpaved drainage swales should have a gradient of at least 2 percent (preferably more). Consideration should be given to avoiding construction of planters ' adjacent to structures (buildings, pools, spas, etc.). If planters are constructed adjacent to structures, the sides and bottom of the planter should be provided with a moisture barrier to prevent penetration of irrigation water into the subgrade. Provisions should be made to drain the excess irrigation water from the planters without saturating the subgrade below or adjacent to the planters. & T 0% g_ LEIGNTGNANGASSGCIATES, INC. I t 7 LJ L u Raised planter boxes may be drained with weepholes. Deep planters should be drained with below ground, water tight drainage lines connected to the area -drain system, or other suitable outlet. Inadequate control of run-off water or heavy irrigation within the lot or the surrounding development area may result in shallow perched ground -water conditions and seepage where previously none existed. Maintaining adequate surface drainage, proper disposal of run-off water and control of irrigation within the development will reduce the potential for future moisture problems. 6.3 Maintenance of Graded Slopes To reduce the potential for erosion and slumping, slopes should be maintained with appropriate ground cover and deep-rooted vegetation. Berms and/or other surface drainage methods that direct water away from tops of slopes should be used to prevent water from running over the tops of slopes or standing near the tops of slopes. Oversteepening of slopes should be avoided during construction activities and landscaping. Maintenance of proper overall lot drainage, undertaking of any property improvements in accordance with sound engineering practice and proper maintenance of vegetation, including regular irrigation of slopes and adjacent pad areas are needed. The amount of irrigation water applied should be well controlled. Both under - irrigation and over -irrigation should be avoided since either extreme can cause significant problems. A rodent -control program is also essential for slope maintenance. All subdrain outlets should be kept open and free of debris to allow proper drainage. Trenches excavated on a slope face for utility or irrigation lines and/or other purposes should be properly backfilled and compacted out to the slope face by a vibratory plate, or equivalent, in order to obtain a minimum 90 percent relative compaction, in accordance with ASTM Test Method D1557-91. Observation/testing and acceptance by the geotechnical consultant during trench backfill is recommended. 6.4 Foundation Design Post -tensioned slabs are to be used in this project. Expansion potential for the subject lots typically ranges from low to medium. Because high expansion potential may be present locally, Table 1 presents recommended design parameters for post -tension foundations in high expansion potential conditions. Table 2 presents foundation recommendations for conventional foundation design for structures other than the house slabs. Depending on the expansion potential of at - grade soils, subgrade presaturation should be performed in accordance with Table 2 (see notes for post -tensioned slabs at the bottom of Table 2). (EICNTCNANCASSOCIATES, INC. 1851578-08 ' 6.5 Allowable Bearing Pressure An allowable bearing pressure of 1,500 psf may be used for conventional footings having a minimum embedment in approved material of 1 foot below the lowest adjacent grade and a minimum width of 1 foot. The allowable bearing pressure may be increased by one-third for wind or seismic loading. 6.6 Free -Standing Walls and Fences H Free-standing wall or fence footings should be founded a minimum of 12 inches below the lowest adjacent grade. To reduce the potential for unsightly cracks, we recommend inclusion of construction joints at 10- to 20-foot intervals. Some tilt of a free-standing wall (not retaining earth materials) should be anticipated for walls that are constructed close to the top of a slope. For top -of -slope walls, deep footings consisting of a minimum 12-inch-diameter and 7-foot-deep caissons, installed at a maximum 8 feet on center spacing, connected together by a "grade" beam located at the ground surface should be considered to reduce tilting or cracking. Alternatively, free standing wall foundations at top of slopes can be designed using the lateral earth pressures provided in Section 9.0, neglecting any resistance on the slope side of caisson/grade beams within the upper 3 feet (less tilting would result if upper 5 feet is neglected). Active earth pressures above the base of the grade beam would apply continuously and active or passive earth pressures at each caisson would apply at a zone of two caisson diameters. For 3:1 slopes, calculated caisson depths can be reduced by 10 percent. If a free-standing wall transitions into a retaining wall, the deepened footing may be continued depending on the structural calculations. For other free-standing walls or fence footings within level areas, caisson depth can be reduced to a minimum of 3 feet and spacing can be increased to a maximum of 10 feet. These recommendations can be superseded by the recommendations of the structural engineer or other governing agency. 6.7 Foundation Setbacks and Slope Creep For structures at the top of a slope, the minimum City of Newport Beach footing setback (bottom of footing to face of slope) is equal to the one half of the height of the slope with a minimum of 5 feet and a maximum of 10 feet. However, based on our field observations on sites in older developments, a 10-foot footing setback from the slope face may not always be sufficient to prevent detrimental movement over an extended time period due to slope creep (and lot stretching). Observations of slopes at similar sites in older developments usually indicate slow downslope movement of the soil making up the slope. The downslope movement is largest on the face of the slope, and decreases with depth below the slope face until a depth is reached where little or no movement is observed. The downslope creep produces a downward and outward movement of the top -of -slope. This downward and outward movement also tends to occur behind the top -of -slope, but the amount of movement tends to diminish with increasing distance behind the top -of -slope. As a result, the ground behind the top -of -slope has the appearance of having been bent and stretched. (This creep movement of soil behind the top -of -slope is also -10- LE1GHTCNANGASSGCIATES, INC. 1 1851578-08 ' referred to as lot stretching.) Slope creep tends to produce tilting, cracking, and pulling apart of walls, foundations, slabs, and other structures that are near the top -of -slope (or on the slope). The phenomenon of slope creep is not yet fully understood. Our present knowledge is based primarily upon observations of older developments and of natural slopes. The amount of slope creep and the time required to develop detrimental effects probably depends upon several t factors. Some known factors are: the soil expansion/shrinkage potential, the amount of seasonal and irrigated moisture change, the slope steepness and height, the closeness to the edge of slope, and the type and depth of foundations. Field observations indicate considerable variation r iI in slope creep even under apparently similar conditions. Improvements near top of slope should take into account potential slope creep. 6.8 Lateral Earth Pressure and Retaining Structures Our recommended lateral earth pressures are provided below as equivalent fluid unit weights, in psf/ft (or pcf). These values do not contain an appreciable factor of safety, so the structural engineer should apply the applicable factors of safety and/or load factors during design. An actual soil unit weight of 120 pcf may be assumed for calculating the actual weight of the soil over the wall footing. The recommended lateral earth pressures for the present onsite fill material with drainage conditions as shown on Figure 1 are as follows: Equivalent Fluid Unit Weight (psf/ft) Condition Level 2:1 Slope Active 40 64 At Rest 60 85 Passive 360 135 (sloping down) If a retaining wall is backfilled with clean sand having a sand equivalent of at least 30, in accordance with Figure 1, the equivalent fluid unit weights of 30 pcf (level) and 43 pcf (2H:1V) may be used for active conditions, and 48 pcf (level) and 70 pcf (2H:IV) may be used for at -rest conditions. All retaining structures should be provided with a subdrain system as shown on Figure 1. If proper drainage cannot be provided over the full height/length of the wall, additional lateral force, due to water accumulation behind the wall, should be taken into consideration for design of the wall portion retaining the undrained zone. For undrained native backfill, the equivalent fluid unit weight of 83 pcf (level) and 95 pcf (2H:1V slope) for active conditions, and 93 pcf (level) and 105 pcf (2H:1V slope) for at -rest conditions may be used. To design an unrestrained retaining wall, such as a cantilever wall, the active earth pressure may be used. For a restrained wall, such as a basement wall or restrained wall corners, the at -rest pressure should be used. If tilting of wall segments is acceptable, and construction joints are LEIGNrCNANCASSGCIAM, INC. E 1851578-08 LI 1 1 r II provided at all angle points and 20 to 30 feet spacing along straight wall section, and more frequently along curved wall segments, the active earth pressure may be used. Passive pressure is used to compute lateral soil resistance developed against lateral structural movement. Further, for sliding resistance, the friction coefficient of 0.35 may be used at the concrete and soil interface. In combining the total lateral resistance, either the passive pressure or the frictional resistance should be reduced by 50 percent. In addition, the lateral passive resistance is taken into account only if it is ensured that the soil against embedded structures will remain intact with time, and the horizontal distance between multiple foundation elements providing passive resistance is at least three times the depth of the elements. In addition to the above lateral forces due to retained earth, surcharge due to improvements, such as an adjacent structure, should be considered for design of a retaining wall. Loads applied within a 1:1 projection behind the heel (or back) of the wall footing should be considered as lateral 'surcharge. We also recommend using at -rest pressures for design of wall supporting sensitive structures, such as a building. To minimize the surcharge load from an adjacent building, deepened building footings can be considered. Retaining wall footings should have a minimum embedment of 12 inches below the lowest adjacent grade and should satisfy the setback recommendation provided in Section 8 of these recommendations. Allowable bearing pressures for footings are provided in Section 6 of these recommendations. All retaining wall designs should be reviewed by the project geotechnical consultant to confirm that the appropriate soil parameters are used. 6.9 Concreie Driveway. Curb and Gutter Cracking of concrete is often not due to settlement/heave of soils, but to other factors such as the use of too high water/cement ratio and/or inadequate steps being taken to prevent moisture loss during curing. Appropriate steps, such as recommended in Section 6.13, should be taken to minimize cracking of the concrete due to these factors. To reduce the extent of unsightly cracking due to expansive soil force, the concrete driveway, driveway approach, and curb and gutter should be a minimum of 6 inches thick and provided with construction or weakened plane joints every 8 feet or less. The slabs should be underlain by a preferably drained layer of crushed rock, gravel, or clean sand having a minimum thickness of 4 inches. Presoaking of the subgrade, such as with a sprinkler system as described below is recommended. Reinforcement of the concrete should also be considered to further reduce unsightly cracking. NUN -12- MJ LEIGNrGNANGASSGCIATES, INC. I 1851578-08 1 11 r Expansion Index Very Low (0-20) Low (21-50) Medium (51-90) High and Very High (>91) 6.10 Other Concrete Flatwork Presaturation Criteria Near optimum moisture to a depth of 6 inches 1.2 x optimum moisture to a depth of 12 inches 1.3 x optimum moisture to a depth of 18 inches 1.4 x optimum moisture to a depth of 24 inches Because of expansive soil forces, concrete flatwork (such as walkways, swimming pool decks, patio slabs, etc.) has the potential for cracking. To reduce the potential for excessive cracking, concrete should be a minimum of 4 inches thick and provided with construction or weakened plane joints at frequent intervals (e.g., every 6 feet or less). A layer of crushed rock, gravel, or clean sand and presoaking of the slab subgrade, as indicated in the above section for concrete driveway, should be considered for other concrete flatwork. Reinforcing the slabs should also be considered, and is recommended for any flatwork near the top of slope. Flatwork located near the top of the slope is likely to be more susceptible to cracking over the long term because of slope creep. All of the steps indicated above should reduce the potential for excessive cracking, but may not completely eliminate it. As an alternative, consideration can also be given to using flexible flatwork, such as pavers, near the top of slope. 6.11 Pavement Section Pavement design will be established based on soil conditions exposed at grade at the completion of rough grading in the street areas. 6.12 Swimmina Pools and Spas While expansive soils -related cracking of concrete flatwork and garden walls may be only cosmetic in nature, and thus tolerable, such cracking in pools and/or spas cannot be tolerated. Soil expansion forces should be taken into account for the design and construction of a swimming pool and/or spa. For soils having a high expansion potential or where expansion potential at depth is unknown, we recommend that an equivalent lateral fluid pressure of 125 pcf be used for design of the pool and/or spa shell. Additional recommendations for pool/spa construction are provided in Figure 4. To avoid localized saturation of soils, landscaping of the backyard should be planned such that no planter boxes are located in the immediate vicinity of the pool and/or spa shell, or an underground moisture barrier and drainage should be provided for planters. -13- U LEIONrONANDASSOCIATES, INC. 0 1851578-08 The excavated material from the pool and/or spa area is often used to build elevated planter boxes and/or other structures within the backyard area. This practice imposes significant loads at the location of these structures and induces differential settlements. This practice could ' jeopardize the integrity of the pool and/or spa, other backyard improvements, and/or the building. ' 6.13 Concrete ' Soluble sulfate content testing at the completion of rough grading indicates low sulfate content for the subject lots. Therefore, the use of Type H cement is recommended. ' All concrete is subject to hazards such as excessive cracking, excessive water vapor transmission, sulfate attack, efflorescence, and other modes of decay. Adherence to'the following guidelines will help minimize the susceptibility of completed work to the above }iazards. ' Exposure to sulfate -containing Solutions ' 1. Comply with 1991 UBC Table 26A3 2. Maintain concrete slump below 5 inches ' Drying Shrinkage Cracking 1. Follow recommendations of ACI 302.1R for industrial/commercial structures, or follow recommendations of ACI 332.R for residential construction, as appropriate ' 2. Maintain concrete slump below 5 inches 3. Use minimum cement required to achieve desired strength 4. Provide effective concrete curing for seven days after placing ' S. Design control joints into slab 6. Do not place concrete on hot, windy, low -humidity days • Reduction of Vapor Transmission 1. Maintain concrete slump below 5 inches 2. Avoid construction punctures of vapor barriers 3. Seal vapor barrier joints 4. Extend vapor barrier into grade beam concrete ' S. Prevent over -irrigation of landscaping 6. Use floor covering adhesives that are not water soluble ' 6.14 Geotechnicai Observation/Testing Observation and/or testing should be performed by the geotechnical consultant at each of the ' following stages: • During precise grading/recertification. ' -14- =� ' LEICHrCNANCASSCCIATES, INC. 1851578-08 • During slope or erosion repair, if any. • After excavation for footings of buildings, free standing walls and fences, and retaining walls, ' if any, and prior to pouring concrete. During subdrain installation for retaining walls, if any, and prior to placement of backfill. i• During placement of backfill for area drain and utility line trenches, and retaining walls, if any. ; ' • After presoaking building pad and other flatwork subgrade and prior to pouring slabs. ' • When any unusual soil conditions are encountered during any construction operation subsequent to issuance of this report. i -15_ -� ' LEIONTONANOASSOCIATES, INC. r "`' �,'ar Y k.� _-r"•,r-••-� _ r .'fir. °�: .r•."I' I I .� .,,rri��rY.c•'`�S. ,r 'r' - s ` •ate+ me a _-�.'_' _ r.� � 0, B� 11 a .. - Jh � •. � to a �- !rSUBJECT SITE 6-1111i�— L60 ^ram.. Seh l . I •: `�" �y low", ''$o eN, ��.;� '. " ::' .'- �. 1 95 1 � C.�b • Oi 'c', ;t:....:1:- Y..i ' ' t , .j�1% v r , 6 ,8�' � J.m• -. :{t I�'•ID I Ip•y1�',\\. �,i�:..�r s; — �•� � - •- _I-- _ romon rye\' __• �l Hr• i'`�^�.. _- ��\ rr •`VI 3 arbor I\ •'/0 .- `�10. ` - a\� ColllnsJ _ deacon — ��\ .i ik - • ract !a - --Ly,p 34 .. I s jI�jI{`,{I _e \\�� `:•.I - ern BaY _ LSE! �� • •I 96 �'n PaY S�:,y�. __ _ - I _ .. rs ��` �. - - - _. aI'. �•`\ l* _ .^.--, Ee-,�4LaYR ','.::).-.,4.•.,,.�N�I .. - _ - >` 1 oa- ``�..,,_ ;,•-"f�};;�.''"'> `,„»- - : t SITE LOCATION MAP BASE MAP: U.S.G.S.71/2 Minute NEWPORT BEACH QUADRANGLE NEWPORTER NORTH PROPERTY Project No. 1e51578-04 TENTATIVE TRACT 15011 CITY OF NEWPORT BEACH, Date 5/2/96 CALIFORNIA Figure No. 1 40' .toe 6It t t� Q�o)ec 2 2640 Setback Y Setback! 'AGreater Distance of Two Cases Will Apply Brain Inlet m P/L Existing Grade 2' Typical Toe of aloft NEWPORTER NORTH TYPICAL SECTION BLUFF EDGE AND TRAIL BLUFF SETBACK CRITEMA PER CRY OF IEWPORT BEACH GENERA. PLAN N.T.S. TYPICAL SECTION SHOWING SETBACKS FROM BLUFF EDGE AND TRAIL Varies Y to 5' Project No. 8 NOT T S Scale NOT TO SCALE Eng./Geol. OP/RM/BRC Drafted by Date 5/2/96 Figure No. 2 SUBDRAIN OPTIONS FOR NATIVE MATERIAL BACKFILL OPTION N2: Pioe Surrounded OPTION NI: Gravel Wraooed in OPTION N3: Geotexiile Drain whh Class 2 Material Filter Fabric With Proper Surface With Proper Surface: With Proper Surface Drainage Drainage / Drainage Slope or �Gy Slo a or 6=• to 1t' Slope or 1 7_L � Level 1 L J Le el \ I r—A Level -r. '`, 1=, .*r, 1 Fabric Flap _" '_,_� T Native Behind Core Native Native ' •• Backfill �+ Backfll Waterproofing Backftli �' ��� Waterprooring� Waterproofing Miradrain 6000• Membrane Membrane L•' Rller Fabre Membrane J Drain 100, Hygrid (Optional) .L�• (Optional •o. (Optional) Drain 1, or equivalent Class 2 Filter 'c! '/. to 1'/s Inch Size Gravel Filler Fabric Weep Hole _ Permeable Material Weep Hole _ e•� Wrapped in Fifer Fabric Weep Hole _ Level lr a .� �, Level e or i 4-Ineh Diameter Level or Perforated Pipe Slope. rTi Slope Slope , Flap •• 4-Inch Diameter Perforated Pip BBehine ehin d Core Class 2 Filter Permeable Material Grading Proper Outlet Should be *Miradrain 6000 or J Drain 100 for Per Caltrans Specificafions Sieve Size Percent Passing Provided for Gravel Subdrain non -waterproofed walls; 1' (See Notes) Miradrain 6'LW or J Drain 200 for 3/4' 100 90.100 completed waterproofed walls 3/84 *-Peel back the bottom fabric flap. 25.4000 2540 place pipe next to core. No. 6 wrap fabric around pipe and No. 30 5.15 tuck behind core. No.50 0.7 No. 200 0.3 With Proper Surface Drainage \ _ ' Subdrain Option S2: \\` 4• diameter perforated pipe Slope or Level surrounded with 1 ft.3/fL of �.ac• _Mh Class 2 fifer material per Waterproofing 1 H/2 w Had VItdN, Whichever is Greater Caltrans specifications as above Membrane'-, • „ (Optional , H Clean sand backfili Wee ' �•` •'.. /G having sand equivalent Subdrain Colton S3 Hole of 30 or greater (can be for Corrueated Pipes Oniv: .•�•' densifedbywater jetting) 4' diameter corrugated perforated pipe wrapped in filter fabric Level•ar "•� Subdrain Option St: (this option should not be used a , , . for non•corrugaled, smooth pipes 1 fL of /, to /: size ylt 7 $ Slope / r because fine panicle earth materials gravel wrapped in Biter fabric may / ated 2• or (see notes for ouleQ holes and rreduce the flow ofulate at the rwn water • Fkd WidNt W icherer Is Greater Into the pipe) Notes: • pipe type should be ASTM D1527 Acrylonhrile Butediene Styrene (ABS) SOfi35 crASTM D1785 Polyvinyl Chloride plastic (PVC), Schedule 40, Armco A2000 PVC, or approved equiJalent Pipe should be installed with perorations down. • Filter fabric should be Mirafi 140N, 140NS, Supae 4NP, Amoco 4545, Trevira 1114, or approved equivalent • All drains should have a gradient of 1 percent minimum • Outlet portion for gravel subdrain should have a 4•-diameter pipe with the perforated portion inserted into the gravel approximately 2' minimum and the nonparforated portion extending approximately 1' outside the gravel. Proper sealing should be provided at the pipe insertion enabling water to run from the gravel portion Into rather then outside the pipe. • Waterproofing membrane may be required for a specific retaining wall such as a stucco or basement wall. • Weephole should be 2' minimum diameter and provided at 25' minimum in length of wall. it exposure is permitted, weephole should be located at 3 above finished grade. If exposure is not permitted such as for a wall adjacent to a sidewalk/curb, a pipe under the sidewalk to discharge through the curb face or equivalent should be provided, or for a basement -type wall, a proper subdrain outlet system should be provided.. Open vertical masonry joints (.e., omit mortar from joints of first course above finished grade) at 32' maximum intervals may be substituted for weepholes. Screening such as with a filter fabric should be provided for weepholes/open joints to prevent earth materials from entering the holes/joints. RETAINING WALL BACKFILL AND SUDDRAIN DETAIL r nil Figure No. 3 3OS7292 i 2 i GQ tie PROPOSED eoPOOL OR SPA 5=' kot� Est°� � "*9 / Assuming a total loss of sell support for this portion --f I Additional loading due to the building structure should be taken into consideration for design of this portion of the pool shell or the pool should be kept beyond the zone supporting building loads. i �f ZONE SUPPORTING ,BUILDING FOOTING • Heavy-duty pipes and couplings should be used for the pool plumbing system to minimize leaking which may produce additional local high pressures to the pool shell. • Installation of a moisture pressure release valve system beneath the pool bottom may be considered to release any potential water pressure accumulated beneath the poolwhich may produce additional pressure to the pool shell. • Observatlon/tosling should be performed by a geoteehnical consultant during pool excavation to verify that exposed soil conditions are consistent with the design assumptions, • The pool contractor should provide a sufficient level of inspection and control to assure that approved pool plans and specifications are implemented during construction. • Soil expansion forces should be taken Into consideration for design of the pool shell. An equivalent lateral fluid pressure of 125 pot may be used for soils having high or very high expansion potentials. • For a pool near a descending slope consisting of soils having high or very high expansion potentials, the pool shell should be designed assuming a total loss of soil support for the upper portion located within the creep zone or setback beyond the creep zone. • To reduce the potential for excessive cracking due to expansive soil forces, pool dock concrete slabs should be a minimum of 4 Inches thick and provided with construction or weakened plane joints at frequent intervals (e.g., every 6 feel or less). Slabs should be underlain by a layer of crushed rock, gravel, or clean sand having a minimum thickness of 2 inches for low expansion potential areas and 4 inches for medium, high, or very high expansion potential subgrades. This layer is not required for very low expansion potential subgrades. Presoaking the subgrade (with a sprinkler system) to a minimum of 120 percent of optimum moisture content to a minimum depth of 12 Inches, 13o percent to 16 inches, or 140 percent to 24 Inches for medium, high, or very high expansion potentials, respectively, is also recommended. For very low or low expansion potential subgrade, Water spraying the subgrade prior to pouring concrete is considered adequate. Presoaking should be observed, tested, and accepted by a geotechnical consultant prior to pouring the concrete. Reinforcement of slabs may also be considered to further reduce unsightly cracking especially for high or very high expansion potential areas. • • For swimming pool docks on subgrades having high or very high expansion potential, a subdrain system consisting of 4-inch diameter perforated pipes (PVC Schedule 40, SDR 35, Armco A2000 PVC, or approved equivalent), wrapped with filter fabric (Mirarr 140N, 140NS, Supac 4NP, Amoco 4545, Trevira 1114, or approved equivalent) should be provided within the sand layer. One line of subdrain around the swimming pool area is considered sufficient The purpose of this subdrain Is to drain potential accumulated water within the sand layer and outlet the water into the area drain system minimizing this accumulation from substantially percolating down into the underlying subgrade soils. • The above criteria may also be applied for spas. SWIMMING POOL AND SPA DESIGN CRITERIA DETAIL r� L 1951578-08 1 C 1 1 1 TABLE 1 Allowable Bearing q = 1,500 psf Subgrade Modulus k� =; 40 psi Soil Modulus of Elasticity E = 1,000 psi Soluble Sulfate Content (Use Type II Cement) Plastic Limit PL = 369e to 40% Plasticity Index PI = 57% to 61% Percent Clay (211 /#200') 49.4% to 52.2% Type of Clay Montmorillonite Edge Moisture Variation Distance for Edge Lift em = 2.9 ft. Edge Moisture Variation Distance for Center Lift em = 5.9 ft. Soil Suction pf = 3.6 Depth to Constant Suction 7 ft. Velocity of Moisture Flow 0.7 in./mo. Estimated Differential Swell for Center Lift Condition Ym = 3.5 in. Estimated Differential Swell for Edge Lift Condition Ym = 0.92 in. TABLE 2 MINIMUM FOUNDATION AND SLAB RECOMMENDATIONS FOR EXPANSIVE SOILS (ONE- AND TWO-STORY RESIDENTIAL BUILDINGS) U.B.C. EXPANSION INDEX U.B.0 EXPANSION INDEX U.B.C. EXPANSION INDEX 0-20 21-50 51-90 VERY LOW EXPANSION LOW EXPANSION MEDIUM EXPANSION 1-Story Footings All footings 12" deep. (See Note 1) Reinforcement for continuous footings: one No. 4 bar top and bottom. 2-Story Footings Exterior footings 18" deep. (See Note 1) Interior footings 12" deep. Reinforcement for continuous footings: one No. 4 bar top and bottom. Minimum Footing Width Garage Door Grade Beam (See Note 2) Living Area Floor Slabs (See Notes 3 4 and 5) Garage Floor Slabs (See Notes 4 and 6) Presoaking of Living Area and Garage Slabs ' NOTES: Continuous: 12" for 1-story Continuous: 15" for 2-story Isolated column: 24" A grade beam 12" wide x 12" deep (18" deep for 2-story) should be provided across the garage entrance. Nominal 4" thick slab. 6x6-10/10 WWF reinforcement at mid -height. 6-mil Visqueen moisture barrier on pad grade with I" sand above Visqueen. Nominal 4" thick slab on pad grade. garage slabs should be quarter -sawn. Near -optimum to a depth of 60. All footings 12" deep. Reinforcement for continuous footings: one No. 4 bar top and bottom. Exterior footings 18" deep. Interior footings 12" deep. Reinforcement for continuous footings: one No. 4 bar top and bottom. Continuous: 12" for 1-story Continuous: 15" for 2-story Isolated column: 24" A grade beam 12" wide x 12" deep (18" deep for 2-story) should be provided across the garage entrance. Nominal 4" thick slab. 6x6-10/10 WWF reinforcement at mid -height. 6-mil Visqueen moisture barrier above 2" sand base with 1" sand above Visqueen. Nominal 4" thick slab on 2" sand base. Garage slabs should be quarter -sawn. (1.2) x optimum to a depth of 12". Exterior footings 18" deep. Interior footings 12" deep. Reinforcement for continuous footings: one No. 4 bar top and bottom. Exterior footings 18" deep. Interior footings 12" deep. Reinforcement for continuous footings: one No. 4 bar top and bottom. U.B.C. EXPANSION INDEX 91-130 HIGH EXPANSION Exterior footings 24" deep. Interior footings 18" deep. Reinforcement for continuous footings: one No. 5 bar top and bottom; alternately, two No. 4 bars top, two No. 4 bars bottom. Exterior footings 24" deep. Interior footings 18" deep. Reinforcement for continuous footings: one No. 5 bar top and bottom; alternately, two No. 4 bars top, two No. 4 bars bottom. Continuous: 12" for 1-story Continuous: 12" for I -story Continuous: 15" for 2-story Continuous: 15" for 2-story Isolated column: 24" Isolated.column: 24" A grade beam 12" wide x 18" deep should be provided across the garage entrance. Nominal 4" thick slab. 6x6-6/6 WWF reinforcement at mid -height. 6-mil Visqueen moisture barrier above 3" sand base with 1" sand above Visqueen. Nominal 4" thick slab on 3" sand base. Garage should be quarter - sawn or reinforced with 6x6-30/10 WWF at mid - height. (1.3) x optimum to a depth of 18". 1. Depth of interior or exterior footings to be measured from lowest adjacent finish grade. 2. The base of the grade beam should be at the same elevation as that of the adjoining footings. 3. Living area slabs may be tied to the footings as directed by the structural engineer. For HIGH EXPANSI0N: A grade beam 12" wide x 24" deep should be provided across the garage entrance. Full 4" thick slab. 6x6-6/6 WWF reinforcement at mid -height. 6-mil Visqueen moisture barrier above 4" sand base with 1" sand above Visqueen. Nominal 4" thick slab on 4" sand base. Garage slabs should be quarter -sawn and reinforced with 6x6-6/6 WWF at mid -height. (1.4) x optimum to a depth of 240. Dowels consisting of No. 3 bars should be placed at 36 inches on centers in the footings;and bent 3 feet into the slab. ' 4. It has been observed that welded wire fabric reinforcement seldom stays at the design height within concrete slabs. We recommend the use of No. 3 bars at 24 inches O.C. instead of 64-10/10 WWF and No. 3 bars at 18 inches O.C. instead of 6x6-6/6 WWF. S. 6-mil Visqueen sheeting has proved successful. Equivalents are acceptable. 6. Garage slabs should be isolated from stem wall footings with a minimum 3/8" felt expansion joint. Post -Tensioned Slabs ' As an alternate to conventional foundations, buildings may be supported on post -tensioned slabs to be designed by a structural engineer in consultation with the geotechnical consultant. In addition, a post -tensioned slab is also recommended for VERY HIGH expansion potential (Expansion Index greater than 130), if encountered. Post- tensioned slabs should have perimeter footings embedded a minimum of 12 inches below the adjacent grade. The slabs should be designed such that they can be deformed approximately 1 inch vertically over a width of 30 feet without distress in the event of shrinkage or swelling of the supporting soils. Living area slabs should be underlain by a 6-mil ' Visqueen moisture barrier covered by a 1-inch-layer of sand. Presoaking as recommended for conventional footings (1.2) x optimum to a depth of 12, (1.3) x optimum to a depth of 18, and (1.4) x optimum to a depth of 24 inches for MEDIUM, HIGH, and VERY HIGH expansion potential soils, respectively, are also suggested for post -tensioned slab systems. ' 3056 788 1 I 1851578-04 I APPENDIX A References Geosoils, Inc., 1991 Preliminary Geotechnical Investigation, Newporter North Development Area (No Tract Number), City of Newport Beach, California, W.O. 2152-A-OC, dated February 4, 1991. Leighton and Associates, Inc., 1994, Supplemental Geotechnical Investigation and Remedial Design of North Facing Slope Adjacent to San Joaquin Hills Road, Newport North Property, Tentative Tract No. 15011, City of Newport Beach, California, Project No. 1851578-02, dated October 26, 1994. 1995, Geotechnical Review of Rough Grading Plan, Newporter North, Tentative Tract 15011, Newporter North Property, City of Newport Beach, California, Project No. 1851578-04, dated August 9, 1995. ' , 1996a, Geotechnical Review of Precise Grading Plan, Newporter North, Tract 15222, Newporter North Property, City of Newport Beach, California, Project No. 1851578-04, dated January 12, 1996. ' , 1996b, Geotechnical Review of Precise Grading Plan, Newporter North, Tract 15243, Newporter North Property, City of Newport Beach, California, Project No. 1851578-09, dated February 28, 1996. 1996c, Geotechnical Review of Precise Grading Plan, Newporter North, Tract 15011, Newporter North Property, City of Newport Beach, California, Project No. 1851578-09, dated February 28, 1996. , 1996d, Geotechnical Recommendations for Landscape Development Plans, Newporter North, Tracts 15011, 15222 and 15243, Newporter North Property, City of Newport Beach, California, Project No. 1851578-04, dated February 23, 1996. ' Morton, P.K, and Miler, R.V., 1981, Geologic Map of Orange County California, Showing Mines and Mineral Deposits: California Division of Mines and Geology, Bulletin 204, Plate 1. i Morton, P.K., and Miller, R.V., and Evans, J.R., 1976, Environmental Geology of Orange County, California: California Division of Mines and Geology, Open File Report 79-8 LA. ' U.S. Department of the Interior Water and Power Resources Services, Ground Water Manual, John Wiley and Sons, New York, 1981. L A-1 ' 1851578-04 ' APPENDIX B Table B-1 Summary Of Maximum Density Test Results ' Optimum Maximum Moisture Dry ' Soil Type Soil Description % Density (pen 1 Brown Sandy Silt 10.0 120.5 ' 2 Reddish Brown Silty Sand 9.0 124.5 3 Diatomaceous Siltstone 29.0 83.0 ' 4 Greenish Grey Diatomaceous Clayey Silt 22.0 87.5 5 Diatomaceous Siltstone 44.0 67.5 ' 6 Greenish Brown Diatomaceous Siltstone 35.0 74.0 7 Greenish Brown Diatomaceous Silty Clay 20.5 92.5 ' 8 Grayish Brown Diatomaceous Clayey Silt 32.5 78.0 AB1 Class H Base Material 6.5 139.0 ' ACI Asphalt 0.0 150.6 TEST METHOD: ASTM D1557-91 ' Table B-2 Expansion Index and Soluble Sulfate Test Results Sample' Lot'Nos. ' Soluble Exliahsion Expansion No: -Sulfate. (%) Index• Class"tficatiori E-1 1-5 0.0195 27 Low E-2 6 - 11 0.0450 68 Medium E-3 12 -15 0.0450 16 Very Low E-4 16 -21 0.0375 52 Medium E-5 22 -28 0.0450 73 Medium I FM 1851578-04 APPENDIX C Summary of Field Density Tests The following summary of field density tests includes all the tests for the subject area of this report. It also includes tests for areas not reported. These tests have been included due to our system of test numbering, these tests should not be considered in review of this report.. ASTM Test Method D2922-91 and D3017-88 05/01/96 SUMMARY OF FIELD DENSITY TESTS PROJECT NUMBER: 01-851578-08 NAME: NEWPORT NORTH TEST TEST TEST TEST ------------ LOCATION -------------- TEST SOIL DRY DENSITY(pef) MOISTURE(%) REL(%) REMARKS NUMBER --------- METH ---- DATE -------- OF ---- ------------------------------------ ELEV(ft) ---------- TYPE -'-- FIELD ------------ MAX FIELD ----------- OPT COMP ----- ---------- 1 N 01/08/96 CF LANDSCAPE AREA 113.0 3 76.2 83.0 34.5 29.0 92 2 N 01/08/96 CF LANDSCAPE AREA 112.0 3 76.3 83.0 40.5 29.0 92 3 N 01/08/96 CF LANDSCAPE AREA 115.0 3 75.2 83.0 39.2 29.0 91 4 H 01/08/96 CF LANDSCAPE AREA 115.0 3 76.8 83.0 32.3 29.0 93 5 N 01/09/96 CF LANDSCAPE AREA 114.0 3 76.9 83.0 39.1 29.0 93 6 N 01/09/96 CF LANDSCAPE AREA 112.0 4 80.7 87.5 34.7 22.0 92 7 N 01/09/96 CF LANDSCAPE AREA 113.0 3 74.5 83.0 37.5 29.0 90 8 N 01/09/96 CF LANDSCAPE AREA 116.0 3 74.3 83.0 37.9 29.0 90 9 N 01/09/96 CF LANDSCAPE AREA 117.0 4 81.0 87.5 34.8 22.0 93 10 N 01/09/96 CF LANDSCAPE AREA 118.0 4 79.6 87.5 35.9 22.0 91 11 N 01/09/96 CF B STREET 110.0 4 80.6 87.5 33.1 22.0 92 12 N 01/09/96 CF LANDSCAPE AREA 114.0 4 80.5 87.5 34.4 22.0 92 13 N O1/D9/96 CF 8 STREET 112.0 4 79.5 87.5 35.7 22.0 91 14 N 01/09/96 CF PAD 10 112.0 4 81.1 87.5 31.1 22.0 93 15 N 01/10/96 CF PAD 8 111.0 4 82.2 87.5 28.2 22.0 94 16 N 01/10/96 CF B STREET 110.0 7 89.4 92.5 26.5 20.5 97 17 N 01/10/96 CF PAD 1 107.0 7 87.4 92.5 24.7 20.5 94 18 N 01/10/96 CF PAD 27 109.0 4 82.0 87.5 29.0 22.0 94 19 N 01/10/96 CF PAD 8 110.0 7 83.6 92.5 30.1 20.5 90 20 N 01/10/96 CF PAD 9 113.0 4 81.1 87.5 27.1 22.0 93 21 N 01/11/96 CF PAD 11 114.0 7 84.2 92.5 25.1 20.5 91 22 N 01/11/96 CF LANDSCAPE AREA 115.0 7 84.2 92.5 24.3 20.5 91 23 N 01/11/96 CF PAD 4 109.0 7 83.6 92.5 26.9 20.5 90 24 N 01/11/96 CF PAD 2 111.0 7 84.3 92.5 28.4 20.5 91 25 N 01/11/96 CF PAD 6 112.0 7 84.5 92.5 25.7 20.5 91 26 N 01/11/96 CF B STREET 113.0 7 86.0 92.5 29.1 20.5 93 27 N 01/15/96 CF PAD 3 110.0 7 86.5 92.5 26.2 20.5 94 28 N 01/15/96 CF B STREET 110.0 1 108.8 120.5 14.5 10.0 90 ,. 29 N 01/15/96 CF PAD 5 113.0 1 110.0 120.5 12.6. 10.0 91 30 N 01/15/96 CF LANDSCAPE AREA 109.0 7 81.8 92.5 25.6 20.5 88 RTON30A 30A N 01/15/96 CF LANDSCAPE AREA 109.0 7 83.5 92.5 24.9 20.5 90 RTOF30 31 N 01/16/96 CF LNDSCP EAST PAD 12 111.0 3 75.3 83.0 34.1 29.0 91 32 N 01/16/96 CF LNDSCP EAST PAD 12 112.0 3 75.4 83.0 33.6 29.0 91 ... 33 N 01/16/96 CF .LNDSCP EAST PAD 12 111.0 3 75.8 . 83A 31.5 29.0 91 34 N 01/16/96 CF PAD 12 111.0 7 82.8 92.5 29.6 20.5 90 , 35 N 01/16/96 CF LNDSCP EAST PAD 12 114.0 4 81.5 87.5 29.2 22.0 93 36 N 02/12/96 CF PAD 10 114.0 1 109.1 120.5 11.1 10.0 91 37 N 02/12/96 CF PAD 4 111.0 1 109.6 120.5 12.7 10.0 91 38 N 02/12/96 CF PAD 2 112.0 4 80.6 87.5 32.6 22.0 92 _ 39 N 02/12/96 CF PAD 7 113.0 4 82.2 87.5 21.7 22.0 94 40 N 02/12/96 CF B STREET N OF 11 115.0 4 82.6 87.5 28.1 22.0 94 41 N 03/12/96 CF A STREET 112.0 1 110.7 120.5 13.9 10.0 92 42 N 03/12/96 CF A STREET 106.0 1 108.8 120.5 14.7 10.0 90 43 N 03/12/96 CF A STREET 102.0 1 110.5 120.5 12.2 10.0 92 44 N 03/20/96 CF A STREET 108.0 1 110.6 120.5 13.5 10.0 92 " 45 N 03/20/96 CF A STREET S LANDSC 113.0 1 110.0 120.5 13.7 10.0 91 46 N 03/20/96 CF A STREET S PAD 1 110.0 1 110.4 120.5 13.9 10.0 92 m m m m m m� m m m m m m m m m r m> 05/01/96 Page No. 2 SUMMARY OF FIELD DENSITY TESTS PROJECT NUMBER: 01-851578-08 NAME: NEWPORT NORTH TEST TEST TEST TEST ------------ LOCATION -------------- TEST SOIL DRY DENSITY(pcf) MOISTURE(%) RELM REMARKS NUMBER --------- METH ---- DATE -------- OF ---- ------------------------------------ ELEV(ft) ---------- TYPE ---- FIELD ------------ MAX FIELD ----------- OPT COMP --------------- 47 N 03/20/96 CF PAD 28 110.0 1 111.4 120.5 11.5 10.0 92 48 N 03/20/96 CF A STREET S PAD 28 106.0 7 85.4 92.5 25.5 20.5 92 49 N 03/20/96 CF A STREET S PAD 1 109.0 4 80.0 87.5 61.1 22.0 91 ' 50 N 03/20/96 CF A STREET 111.0 7 86.7 92.5 29.3 20.5 94 51 N 03/21/96 CF PAD 6 114.0 1 112.1 120.5 12.2 10.0 93 52 N 03/21/96 CF PAD 1 112.0 1 111.3 120.5 10.7 10.0 92 53 N 03/21/96 CF A STREET S LNDSCP 112.0 2 112.7 124.5 12.9 9.0 91 54 N 03/21/96 CF AREA S OF PAD 28 111.0 2 113.1 124.5 12.2 9.0 91 55 N 03/21/96 CF PAD 26 111.0 1 110.2 120.5 12.5 10.0 91 56 N 03/21/96 CF PAD 6 113.0 1 105.3 120.5 12.9 10.0 87 RION56A 56A N 03/21/96 CF PAD 6 113.0 1 113.6 120.5 10.4 10.0 94 RTOF56 57 N 03/21/96 CF PAD 7 114.0 2 111.6 124.5 10.1 9.0 90 58 N 03/21/96 CF B STREET W PAD 2 113.0 1 110.9 120.5 13.1 10.0 92 59 H 03/21/96 CF PAD 5 115.0 1 111.3 120.5 11.1 10.0 92 60 N 03/21/96 CF PAD 3 114.0 2 112.1 124.5 12.5 9.0 90 61 H 03/22/96 CF KEY S.J.H. ROAD 65.0 2 112.7 124.5 11.4 9.0 91 62 N 03/22/96 CF KEY S.J.N. ROAD 84.0 1 110.2 120.5 12.2 10.0 91 63 N 03/22/96 CF KEY S.J.N. ROAD 94.0 2 112.1 124.5 10.9 9.0 90 64 N 03/22/96 CF KEY S.J.H. ROAD 55.0 7 89.8 92.5 25.2 20.5 97 65 N 03/22/96 CF KEY S.J.H. ROAD 42.0 7 85.8 92.5 28.9 20.5 93 66 N 03/22196 CF LNDSCP EAST PAD 9 116.0 7 87.8 92.5 24.7 20.5 95 67 N 03/22/96 CF LNDSCP EAST PAD 6 118.0 7 87.1 92.5 24.1 20.5 94 68 N 03/22/96 CF A STREET 113.0 1 108.4 120.5 10.0 10.0 90 69 N 03/22/96 CF PAD 3 116.0 2 115.6 124.5 13.2 9.0 ' 93 70 N 03/22/96 CF PAD 9 116.0 2 114.1 124.5 13.4 9.0 92 71 H 03/23/96 CF PAD 25 113.0 2 112.6 124.5 12.2 9.0 90 72 N 03/23/96 CF PAD 8 116.0 1 110.2 120.5 11.9 10.0 91 73 N 03/23/96 CF B STREET 116.0 3 78.7 83.0 31.8 29.0 95 74 N 03/23/96 CF LNDSCP EAST PAD 12 116.0 4 80.4 87.5 32.1 22.0 92 75 N 03/23/96 CF LNDSCP EAST PAD 10 118.0 2 112.5 124.5 11.1 9.0 90 76 N 03/23/96 CF A STREET 112.0 2 112.5 124.5 12.7 9.0 90 77 N 03/23/96 CF A STREET 114.0 7 86.3 92.5 28.4 20.5 93 78 N 03/23/96 CF PAD 1 115.0 7 85.4 92.5 27.2 20.5 92 79 N 03/23/96 CF PAD 4 116.0 7 83.2 92.5 29.0 20.5 90 80 N 03/23/96 CF PAD 6 116.0 7 83.6 92.5 30.6 20.5 90 81 N 03/25/96 CF A STREET 110.0 4 80.0 87.5 29.0 22.0 91 82 N 03/25/96 CF A STREET 114.0 4 80.8 87.5 27.2 22.0 92 83 N 03/25/96 CF 8 STREET 117.0 4 80.7 87.5 26.1 22.0 92 84 N 03/25/96 CF LNDSCP EAST PAD 1 117.0 3 75.1 83.0 34.5 29.0 90 85 N 03/25/96 CF LNDSCP EAST PAD 6 120.0 4 79.9 87.5 34.9 22.0 91 86 N 03/26/96 CF PAD 10 117.0 5 63.5 67.5 46.9 44.0 94 87 N 03/26/96 Cf LNDSCP EAST PAD 12 118.0 5 62.9 67.5 46.2 44.0 93 88 N 03/26/96 CF KEY S.J.N. ROAD 78.0 5 62.6 67.5 45.1 44.0 93 89 N 03/26/96 CF KEY S.J.H. ROAD 93.0 6 67.1 74.0 46.5 35.0 91 90 N 03/26/96 CF KEY S.J.H. ROAD 52.0 6 67.9 74.0 44.0 35.0 92 91 N 03/26/96 CF LNDSCP W./JAMBOREE 120.0 1 108.9 120.5 11.3 10.0 90 92 N 03/26/96 CF LNDSCP W./JAMBOREE 119.0 1 109.4 120.5 12.1 10.0 91 05/01/96 Page No. 3 SUMMARY OF FIELD DENSITY TESTS PROJECT NUMBER: 01-851578-08 NAME: NEWPORT NORTH TEST TEST TEST TEST ------------ LOCATION -------------- TEST SOIL DRY DENSITY(pof) MOISTURE(%) REL(%) REMARKS NUMBER --------- METH ---- DATE -------- OF ---- ------------------------------------ ELEV(ft) ---------- TYPE ---- FIELD ------------ MAX FIELD ----------- OPT COMP ----- ---------- 93 N 03/26/96 CF LNDSCP W./JAMBOREE 119.0 1 110.6 120.5 11.2 10.0 92 94 N 03/26/96 CF LNDSCP W./JAMBOREE 120.0 1 110.2 120.5 13.9 10.0 91 95 N 03/27/96 CF A STREET 107.0 6 66-9 74.0 36.2 35.0 90 96 N 03/27/96 CF A STREET 106.0 6 67.5 74.0 38.5 35.0 91 97 N 03/27/96 CF PAD 31 108.0 6 69.4 74.0 41.9 35.0 94 98 N 03/27/96 CF N. OF REC AREA 109.0 6 68.2 74.0 39.2 35.0 92 99 N 03/27/96 CF A STREET 108.0 6 69.5 74.0 42.7 35.0 94 100 N 03/27/96 CF A STREET 109.0 6 66.8 74.0 38.1 35.0 90 101 N 03/27/96 CF A ST./WETLANDS 106.0 5 63.2 67.5 46.2 44.0 94 102 N 03/27/96 CF A ST./WETLANDS 109.0 5 61.7 67.5 45.6 44.0 91 103 N 03/27/96 CF A ST./WETLANDS 110.0 5 61.6 67.5 42.3 44.0 91 104 N 03/27/96 CF SLOPE S./WETLANDS 106.0 5 62.2 67.5 49.8 44.0 92 105 N 03/28/96 CF PAD 11 119.0 2 112.5 124.5 13.9 9.0 90 106 N 03/28/96 CF PAD 9 120.0 2 115.1 124.5 12.0 9.0 92 107 N 03/28/96 CF PAD 5 120.0 2 113.0 124.5 14.0 9.0 91 108 N 03/28/96 CF PAD 2 119.0 2 114.1 124.5 11.2 9.0 92 109 N 03/28/96 CF PAD 7 121.0 2 114.6 124.5 10.9 9.0 92 110 N 03/28/96 CF PAD 1 118.0 2 114.0 124.5 14.2 9.0 92 111 N 03/28/96 CF PAD 3 118.0 1 112-0 120.5 10.4 10.0 93 112 N 03/28/96 CF PAD 11 120.0 1 110.3 120.5 10.1 10.0 92 113 N 04/02/96 CF PAD 17 107.0 3 75.7 83.0 34.6 29.0 91 114 N 04/02/96 CF PAD 21 110.0 3 75.0 83.0 34.8 29.0 90 115 N 04/02/96 CF PAD 28 109.0 3 77.4 83.0 35.9 29.0 93 116 N 04/02/96 CF SLOPE WEST PAD 27 109.0 3 77.3 83.0 33.6 29.0 93 117 N 04/02/96 CF SLOPE WEST PAD 23 108.0 5 60.5 67.5 44.2 44.0 90 118 N 04/03/96 CF SLOPE WEST PAD 25 110.0 5 61.3 67.5 40.2 44.0 91 119 N 04/03/96 CF PAD 25 111.0 5 61.2 67.5 41.3 44.0 91 120 N 04/03/96 CP PAD 20 112.0 5 61.7 67.5 45.6 44.0 91 121 N 04/03/96 CF SLOPE NORTH PAD 29 110.0 8 73.8 78.0 37.9 32.5 95 122 N O4/03/96 CF SLOPE NORTH PAD 30 111.0 8 72.0 78.0 38.3 32.5 92 123 N 04/03/96 CF PAD 32 107.0 8 71.5 78.0 35.8 32.5 92 124 N 04/03/96 CF PAD 29 111.0 8 70.2 78.0 39.6 32.5 90 125 N 04/03/96 CF A ST. NORTH PAD 29 112.0 8 70.8 78.0 38.1 32.5 91 126 N 04/04/96 CF KEY SJH ROAD 47.0 4 83:1 87.5 31.0 22.0 95 127 N 04/04/96 CF KEY SJH ROAD 63.0 4 76.2 87.5 32.2 22.0 87 RTON127A 127A N 04/04/96 CF KEY SJH ROAD 63.0 4 80.4 87.5 26.6 22.0 92 RTOF127 128 N 04/04/96 CF KEY SJH ROAD 80.0 4 79.5 87.5 31.2 22.0 91 129 N 04/04/96 CF KEY SJH ROAD 86.0 4 79.4 87.5 29.6 22.0 91 130 N 04/04/96 CF KEY SJH ROAD 56.0 4 80.0 87.5 '28.4 22.0 91 131 N 04/05/96 CF SLOPE NORTH PAD 17 110.0 7 85.1 92.5 26.9 20.5 92 132 N 04/05/96 CF SLOPE NORTH PAD 20 109.0 7 85.5 92.5 24.3 20.5 92 133 N 04/05/96 CF PAD 15 108.0 7 81.2 92.5 29.8 20.5 88 RTON133A 133A N 04/05/96 CF PAD 15 109.0 7 85.8 92.5 23.3 20.5 93 RTOF133 134 N 04/05/96 CF PAD 13 110.0 7 84.3 92.5 23.7 20.5 91 135 N 04/05/96 CF SLOPE N/W PAD 27 111.0 7 83.0 92.5 25.6 20.5 90 136 N 04/05/96 CF PAD 23 111.0 7 84.4 92.5 24.8 20.5 91 137 N 04/05/96 CF AREA SOUTH PAD 28 109.0 7 84.9 92.5 26.4 20.5 92 05/01/96 PROJECT NUMBER: 01-851578-08 NAME: NEWPORT NORTH TEST TEST TEST TEST NUMBER METH DATE OF LOCATION a �■■ a����� a a a Page No. 4 SUMMARY OF FIELD DENSITY TESTS •--------- TEST SOIL DRY DENSITY(pef) MOISTURE(%) RELM REMARKS ELEV(ft) TYPE FIELD MAX FIELD OPT COMP -------------------- ---------------- ----------- ----- ---------- 138 N 04/05/96 CF B STREET 109.0 7 85.0 92.5 26.8 20.5 92 139 N 04/08/96 Cf PAD 26 112.0 4 81.9 87.5 29.9 22.0 94 140 N 04/08/96 CF PAD 19 111.0 7 83.8 92.5 28.0 20.5 91 141 N 04/08/96 CF AREA SOUTH A ST 118.0 3 76.7 83.0 34.5 29.0 92 142 N 04/08/96 CF AREA SOUTH A ST 115.0 3 75.4 83.0 37.7 29.0 91 143 N 04/08/96 CF AREA SOUTH A ST 117.0 3 75.9 83.0 35.2 29.0 91 144 N 04/08/96 CF PAD 28 112.0 4 79.4 87.5 34.6 22.0 91 145 N 04/08/96 CF PAD 24 113.0 7 83.5 92.5 24.9 20.5 90 146 N 04/08/96 CF PAD 21 113.0 7 84.2 92.5 25.5 20.5 91 147 N 04/08/96 CF SLOPE ABOVE SJH R 61.0 7 83.7 92.5 29.1 20.5 90 148 N 04/09/96 CF SLOPE ABOVE SJH R 69.0 7 84.9 92.5 26.4 20.5 92 149 N 04/09/96 CF SLOPE ABOVE SJH R 76.0 4 79.7 87.5 31.2 22.0 91 150 N 04/09/96 CF SLOPE ABOVE SJH R 98.0 4 79.9 87.5 25.5 22.0 91 151 N 04/09/96 CF SLOPE ABOVE SJH R 96.0 7 83.3 92.5 25.8 20.5 90 152 N 04/09/96 CF SLOPE ABOVE SJH R 84.0 4 79.6 87.5 27.5 22.0 91 153 N 04/09/96 CF SLOPE ABOVE SJH R 68.0 7 83.4 92.5 24.1 20.5 90 154 N 04/09/96 CF SLOPE ABOVE SJH R 80.0 7 84.5 92.5 24.5 20.5 91 155 N 04/09/96 CF SLOPE ABOVE SJH R 72.0 7 86.5 92.5 18.5 20.5 94 156 N 04/09/96 CF LNDSCP W/JAMBOREE 122.0 4 79.1 87.5 28.9 22.0 90 157 N 04/10/96 CF LNDSCP W/JAMBOREE 121.0 3 76.1 83.0 32.3 29.0 92 158 N 04/10/96 CF SLOPE NORTH PAD 12 111.0 7 83.7 92.5 21.6 20.5 90 159 N 04/10/96 CF SLOPE NORTH PAD 14 109.0 7 85.0 92.5 23.3 20.5 92 160 N 04/10/96 CF PAD 18 113.0 7 83.0 92.5 26.0 20.5 90 161 N 04/10/96 CF SLOPE NORTH PAD 28 113.0 7 85.2 92.5 21.7 20.5 92 162 N 04/10/96 CF 8 STREET 112.0 7 77.7 92.5 29.9 20.5 84 162A N 04/10/96 CF B STREET 112.0 7 84.6 92.5 22.8 20.5 91 163 N 04/10/96 CF PAD 17 112.0 7 84.4 92.5 23.6 20.5 91 164 N 04/10/96 CF LNDSCP W/JAMBOREE 123.0 8 70.3 78.0 38.8 32.5 90 165 N 04/10/96 CF LNDSCP W/JAMBOREE 122.0 8 70.4 78.0 36.7 32.5 90 166 N 04/10/96 CF LNDSCP W/JAMBOREE 121.0 8 73.9 78.0 35.1 32.5 95 167 N 04/10/96 CF PAD 14 111.0 4 80.7 87.5 28.3 22.0 92 168 N 04/11/96 CF PAD 12 112.0 4 81.5 87.5 26.1 22.0 93 169 N 04/11/96 CF SLOPE NORTH PAD 16 108.0 7 84.0 92.5 22.6 20.5 91 170 N 04/11/96 CF PAD 22 115.0 7 83.4 92.5 26.6 20.5 90 171 N 04/11/96 CF PAD 27 114.0 7 85.6 92.5 26.0 20.5 93 172 N 04/11/96 CF PAD 25 115.0 7 85.0 92.5 25.7 20.5 92 173 N 04/11/96 CF PAD 22 116.0 7 86.7 92.5 21.9 20.5 94 174 N 04/11/96 CF PAD 20 116.0 4 78.9 87.5 30.2 22.0 90 175 N 04/11/96 CF PAD 16 114.0 7 84.4 92.5 26.5 20.5 91 176 N 04/11/96 CF PAD 14 114.0 7 85.1 92.5 20.7 20.5 92 177 N 04/12/96 CF SLOPE NORTH PAD 24 116.0 7 85.0 92.5 19.4 20.5 92 178 N 04/12/96 CF LNDSCP W/JAMBDREE 124.0 7 84.3 92.5 21.8 20.5 91 179 N 04/12/96 CF LNDSCP W/JAMBOREE 125.0 7 81.0 92.5 25.9 20.5 88 179A N 04/12/96 CF LNDSCP W/JAMBOREE 125.0 7 84.3 92.5 23.7 20.5 91 180 N 04/12/96 CF LNDSCP W/JAMBOREE 123.0 7 83.9 92.5 24.9 20.5 91 181 N 04/12/96 CF SLOPE NORTH PAD 15 112.0 8 71.1 78.0 39.9 32.5 91 182 N 04/12/96 CF PAD 15 115.0 8 70.3 78.0 38.1 32.5 90 RfON162A RTOF162 RTON179A RTOF179 m = r 05/01/96 PROJECT NUMBER: 01-851578-68 NAME: NEWPORT NORTH TEST TEST TEST TEST ------------ LOCATION -- NUMBER METH DATE OF ------- ------------ ---- ------------------------ Page No. 5 SUMMARY OF FIELD DENSITY TESTS- --------- TEST SOIL DRY DENSITY(pcf) MOISTURE(%) RELM REMARKS ELEV(ft) TYPE FIELD MAX FIELD OPT COMP --------- ---------- ---------------- ----------- ----- ------.--- 183 N 04/12/96 CF LNDSCP EAST PAD 12 115.0 4 80.5 87.5 25.9 22.0 184 N 04/12/96 CF LNDSCP EAST PAD 12 119.0 4 80.6 87.5 27.7 22.0 185 N 04/12/96 CF PAD 24 116.0 4 80.5 87.5 24.1 22.0 186 N 04/12/96 CF PAD 27 117.0 4 80.9 87.5 26.9 22.0 187 N 04/12/96 CF BUTT/SLOPE SJH R 101.0 2 116.6 124.5 10.1 9.0 188 N 04/13/96 CF BUTT/SLOPE SJH R 87.0 2 115.2 124.5 12.7 9.0 189 N 04/13/96 CF BUTT/SLOPE SJH R 75.0 2 113.2 124.5 12.8 9.0 190 N 04/13/96 CF BUTT/SLOPE SJH R 90.0 2 117.6 124.5 11.0 9.0 191 N 04/15/96 CF PAD 23 118.0 3 75.2 83.0 38.2 29.0 192 N 04/15/96 CF SLOPE NORTH PAD 19 115.0 7 86.5 92.5 25.1 20.5 193 N 04/15/96 CF PAD 14 115.0 7 84.3 92.5 29.4 20.5 194 N 04/15/96 CF PAD 12 116.0 7 80.6 92.5 27.7 20.5 194A N 04/15/96 CF PAD 12 116.0 7 83.6 92.5 24.1 20.5 195 N 04/15/96 CF PAD 15 117.0 6 69.7 74.0 40.4 35.0 196 N 04/15/96 CF SLOPE NORTH PAD 15 112.0 6 67.8 74.0 44.5 35.0 197 N 04/15/96 CF SLOPE EAST PAD 12 116.0 6 68.3 74.0 39.1 35.0 198 N 04/15/96 CF LNDSCP N/JAMBOREE 124.0 8 71.5 78.0 35.1 32.5 199 N 04/15/96 CF LNDSCP N/JAMBOREE 124.0 8 71.2 78.0 34.6 32.5 200 N 04/15/96 CF PAD 10 118.0 8 69.5 78.0 34.2 32.5 200A N 04/15/96 CF PAD 10 118.0 8 72.9 78.0 35.1 32.5 201 N 04/16/96 CF SLOPE NORTH PAD 13 115.0 6 69.7 74.0 40.7 35.0 202 N 04/16/96 CF PAD 16 117.0 6 67.2 74.0 42.6 35.0 203 N 04/16/96 CF PAD 20 118.0 3 75.9 83.0 32.7 29.0 204 N 04/16/96 CF PAD 23 119.0 4 79.4 87.5 27.0 22.0 205 N 04/16/96 CF PAD 28 118.0 3 76.6 83.0 32.3 29.0 206 N 04/16/96 CF PAD 5 117.0 8 71.2 78.0 38.2 32.5 207 N 04/16/96 CF PAD 13 117.0 3 74.7 83.0 33.8 29.0 208 N 04/17/96 CF PAD 18 118.0 3 .74.2 83.0 34.8 29.0 208A N 04/17/96 CF PAD 18 118.0 3 75.8 83.0 33.6 29.0 209 N 04/17/96 CF SLOPE NORTH PAD 13 119.0 8 70.0 78.0 38.9 32.5 210 N 04/17/96- CF SLOPE NORTH PAD 16 118.0 6 68.6 74.0 39.2 35.0 211 N 04/17/96 CF SLOPE NEST PAD 28 111.0 4 80.2 87.5 29.7 22.0 212 N 04/17/96 CF SLOPE N/N PAD 26 112.0 4 79.8 87.5 31.8 22.0 213 N 04/17/96 CF PAD 24 118.0 3 76.1 83.0 34.2 29.0 214 N 04/17/96 CF SLOPE N/N PAD 22 117.0 3 74.4 83.0 36.6 29.0 215 N 04/17/96 CF PAD 19 119.0 3 75.9 83.0 33.8 29.0 216 N 04/17/96 CF PAD 13 120.0 3 75.8 83.0 32.2 29.0 217 N 04/22/96 CF PAD 12 119.0 3 76.9 83.0 34.0 29.0 218 N 04/22/96 CF PAD 1 121.0 2 117.5 124.5 10.5 9.0 219 N 04/22/96 CF PAD 4 121.0 2 116.0 124.5 10.7 9.0 220 N 04/22/96 CF PAD 6 122.0 2 115.9 124.5 10.9 9.0 221 N 04/22/96 CF PAD 11 122.0 2 111.5 124.5 11.9 9.0 222 N 04/22/96 CF PAD 8 122.0 1 111.4 120.5 11.8 10.0 223 N 04/22/96 CF PAD 10 123.0 1 113.4 120.5 12.3 10.0 224 N 04/22/96 CF PAD 12 121.0 2 112.6 124.5 12.6 9.0 225 N 04/22/96 CF PAD 17 120.0 1 108.2 120.5 12.9 10.0 226 N 04/23/96 CF PAD 21 121.0 1 109.2 120.5 13.6 10.0 RTON194A RTOF194 RTON200A RTOF200 RTON208A RTOF208 m m m m m m m m m m m m m! m m m M 3 05/01/96 SUMMARY OF FIELD DENSITY TESTS PROJECT NUMBER: 01-851578-08 NAME: NEWPORT NORTH TEST TEST TEST TEST ------------ LOCATION -------------- TEST SOIL DRY DENSITY(pcf) MOISTURE(%) NUMBER METH DATE OF DESCRIPTION NORTH EAST ELEV(ft) TYPE FIELD MAX FIELD OPT 227 N 04/23/96 CF PAD 26 0 0 121.0 1 109.2 120.5 13.1 10.0 228 N 04/23/96 CF PAD 24 0 0 121.0 1 108.8 120.5 11.6 10.0 229 N 04/23/96 CF PAD 28 0 0 116.0 1 108.4 120.5 14.3 10.0 230 N 04/23/96 CF SLOPE ABOVE SJNR 0 0 96.0 7 83.3 92.5 27.8 20.5 231 N 04/23/96 CF SLOPE ABOVE SJHR 0 0 82.0 2 109.1 124.5 10.9 9.0 231A N 04/23/96 CF SLOPE ABOVE SJHR 0 0 82.0 2 112.2 124.5 10.9 9.0 232 N 04/23/96 CF SLOPE ABOVE SJHR 0 0 89.0 1 108.1 120.5 11.9 10.0 233 N 04/23/96 CF SLOPE ABOVE SJHR 0 0 86.0 4 80.3 87.5 29.6 22.0 234 N 04/23/96 CF SLOPE ABOVE SJHR 0 0 84.0 4 80.6 87.5 27.3 22.0 235 N 04/23/96 CF SLOPE ABOVE SJHR 0 0 90,0 4 80.1 87.5 25.9 22.0 236 N 04/23/96 CF SLOPE ABOVE SJHR 0 0 99.0 4 78.5 87.5 27.7 22.0 .. 237 N 04/23/96 CF SLOPE ABOVE SJNR 0 0 102.0 4 79.2 87.5 28.2. 22.0 238 N 04/24/96 CF SLOPE ABOVE SJHR 0 0 95.0 7 85.2 92.5 24.7 20.5 239 N 04/24/96 CF SLOPE ABOVE SJHR 0 0 88.0 7 85.3 92.5 23.9 20.5 240 N 04/24/96 CF SLOPE ABOVE SJHR 0 0 92.0 7 $4.4 92.5 26.8 20.5 261 N 04/26/96 CF SLOPE NO PAD 16 0 0 123.0 7 86.5 92.5 23.1 20.5 262 N 04/26/96 CF _SLOPE.NO PAD 21 0 0 110.0 7, 85.6 9Z.5 ; 22.9 20.5 263 N 04/26/96 CF SLOPE ABOVE SJHR 0 0 108.0 7 84.4 92.5 25.6 20.5 264 N 04/26/96 CF LNDSCP NO JAMBOREE 0 0 127.0 4 79.4 87.5 29.9 22-0 265 N 04/26/96 CF LNDSCP NO JAMBOREE 0 0 128.0 4 81.0 87.5 26.0 22.0 266 N 04/26/96 CF LNDSCP NO JAMBOREE 0 0 125.0 4 79.9 87.5 28.7 22.0 267 N 04/26/96 CF SLOPE NO PAD 28 0 0 118.0 2 114.2 124.5 11.3 9.0 268 N 04/26/96 CF B STREET 0 0 117.0 9 63.7 78.0 45.8 36.0 268A N 05/01/96 CF B-STREET 0 0 117.0 9 70.6 78.0 39.9 36-0 269 N 04/26/96 CF B STREET - 0 0 119.0 9 66.0 78.0 46.1 36.0 269A N 05/01/96 CF 8 STREET 0 0 119.0 9 70.7 78.0 40.4 36.0 270 N 04/29/96 CF PAD 38 0 0 106.0 9 72.3 78.0 37.2 36.0 271 N 04/29/96 CF PAD 109 0 0 107.0 6 69.7 74.0 39.7 35.0 272 N 04/29/96 CF PAD 42 0 0 109.0 3 77.5 83.0 30.4 29.0 273 N 04/29/96 CF PAD 112 0 0 112.0 3 77.1 83.0 30.0 29.0 274 N 04/29/96 CF PAD 43 0 0 112.0 4 80.6 $7.5 29.1 22.0 275 N 04/29/96 CF C ST NO PAD 111 0 0 109.0 4 79.9 87.5 28.4 22,0 276 N 04/29/96 CF PAD 45 0 0 109.0 4 80.1 87.5 26.0 22.0 277 N 04/29/96 CF PAD 114 0 0 111.0 4 80.5 87.5 25.3 22.0 278 N 04/29/96 CF LNDSCP NO PAD 28 0 0 108.0 4 79.9 87.5 35.7 22.0 279 N 04/29/96 CF LNDSCP NO JAMBOREE 0 0 130.0 7 86.7 92.5 25.1 20.5 280 N 04/29/96 CF LNDSCP NO JAMBOREE 0 0 128.0 4 78.4 87.5 29.7 22.0 281 N 04/29/96 FG PAD 2 0 0 122.4 1 109.3 120.5 10.4 10.0 282 N 04/29/96 FG PAD 4 0 0 122.9 1 110.3 120.5 11.6 10.0 283 N 04/29/96 FG PAD 6 0 0 123.4 1 109.1 120.5 10.9 10.0 284 N 04/29/96 FG PAD 8 0 0 123.9 1 108.8 120.5 9.8 10.0 285 N 04/29/96 FG PAD 10 0 0 124.4 1 108.4 120.5 9.4 10.0 286 N 04/29/96 SF SLOPE ABOVE SJNR 0 0 65.0 9 73.6 78.0 38.1 36.0 287 N 04/29/96 SF SLOPE ABOVE SJHR 0 0 90.0 9 72.6 78.0 37.2 36.0 288 N 04/30/96 SF SLOPE ABOVE SJHR 0 0 $5.0 4 79.4 87.5 29.1 22.0 289 N 04/30/96 SF SLOPE ABOVE SJNR 0 0 95.0 4 80.4 87.5 30.4 22.0 290 N 04/30/96 SF SLOPE ABOVE SJHR 0 0 110.0 4 79.6 87.5 25.5 22.0 REL(X) REMARKS COMP RTOF231A RTOF231 RTON 268A RTOF 268 RTON 269A RTOF 269 m m m m m� m m m m m m m m m i 05/01/96 Page No. 7 SUMMARY OF FIELD DENSITY TESTS PROJECT NUMBER: 01-851578-08 NAME: NEWPORT NORTH TEST TEST TEST TEST ------------ LOCATION -------------- TEST SOIL DRY DENSITY(pcf) MOISTURE(%) RELM REMARKS NUMBER ------- METH ---- DATE -------- OF ---- ------------------------------------ ELEV(ft) ---------- TYPE ---- FIELD ------------ MAX FIELD ----------- OPT COMP ----- ------- 291 N 04/30/96 FG PAD 27 122.3 7 85.5 92.5 22.1 20.5 92 292 N 04/30/96 FG PAD 25 122.7 1 110.1 120.5 10.2 10.0 91 293 N 04/30/96 FG PAD 23 123.1 1 109.5 120.5 12.9 10.0 91 294 N 04/30/96 FG PAD 20 123.5 1 109.7 120.5 11.6 10.0 91 295 N 04/30/96 FG PAD 17 124.5 1 110.1 120.5 14.3 10.0 91 296 N 04/30/96 FG PAD 15 124.8 1 110.8 120.5 15.1 10.0 92 297 N 04/30/96 FG PAD 13 125.2 1 113.4 120.5 11.1 10.0 94 298 N 04/30/96 CF SLOPE ABOVE SJHR 111.0 5 65.0 67.5 49.9 44.0 96 299 N 04/30/96 CF LNDSCP NO JAMBOREE 129.0 9 73.3 78.0 41.8 36.0 94 300 N 04/30/96 CF LNDSCP NO JAMBOREE 133.0 9 72.3 78.0 42.2 36.0 93 301 N 04/30/96 FG PAD 1 122.3 1 111.0 120.5 11.2 10.0 92 302 N 04/30/96 FG PAD 3 122.6 1 109.4 120.5 10.3 10.0 91 303 N 04/30/96 FG PAD 5 123.1 1 110.3 120.5 10.8 10.0 92 304 N 04/30/96 CF LNDSCP NO JAMBOREE 131.0 1 110.5 120.5 12.8 10.0 92 305 N 04/30/96 FG PAD 7 123.7 1 109.0 120.5 11.8 10.0 90 306 N 04/30/96 FG PAD 9 124.1 1 109.0 120.5 9.8, 10.0 90 307 N 04/30/96 FG PAD 11 123.6 1 109.1 120.5 11.2 10.0 91 308 N 05/01/96 FG PAD 12 125.6 1 111.1 120.5 12.6 10.0 92 309 N 05/01/96 FG PAD 14 125.0 1 109.6 120.5 13.8 10.0 91 310 N 05/01/96 FG PAD 16 124.6 1 110.2 120.5 12.2 10.0 91 311 N 05/01/96 FG 'PAD 18 124.1 2' 114.5 124.5 ' 10.8 9.0 92 312 N 05/01/96 FG PAD 19 124.0 2 112.9 124.5 10.7 9.0 91 313 N 05/01/96 FG PAD 21 123.6 1 109.0 120.5 10.1 10.0 90 314 N 05/01/96 FG PAD 22 123.4 1 110.5 120.5 10.3 10.0 92 315 N 05/01/96 FG PAD 24 122.9 1 111.8 120.5 11.6 10.0 93 316 N 05/01/96 FG PAD 26 122.5 1 110.0 120.5 11.4 10.0 91 317 N 05/01/96 FG PAD 28 122.3 1 108.1 120.5 9.8 10.0 90 318 N 05/01/96 SF SLOPE NO OF PAD 13 120.0 4 80.2 87.5 26.8 22.0 92 319 N 05/01/96 SF SLOPE NO OF PAD 19 115.0 4 78.6 87.5 28.1 22.0 90 320 N 05/01/96 SF SLOPE NO OF PAD 28 120.0 4 80.2 87.5 29.6 22.0 92 TRACT BOUNDARY. AND LIMITS OF REPORTED AREA ro.:1851578-09 Scale:l"=200' ate:5/2/96. Engineer/Geologist: op Drafting By: LAF SHEET -2 OF 5 SHEETS s, TRACT NO*, 15222 BASIS OF BEARINGSLEIGHTON AND ASSOC/ATES; .INC.NIlv i IN THE CITY OF NEWPORT BEACH, COUNTY 'OF ORANGE, THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S. •HORIZONTAL ?#tt* Ni PLATE 1 CONTROL STATION GPS NO. 6267 AND O.C.S. HORIZONTAL CONTROL STATION GPS NO. 6249 STATE OF, CALIFORNIA BEING N. 41'49'45" E. PER RECORDS CURRENTLY ON FILE IN THE OFFICE OF THE ORANGE LEGEND MDS CONSULTING JULY 1995, GARY W. DOKICH, L.S. 4693 COUNTY suavE�'oR. ® DATUM STATEMENT LIMIT OF REPORTED AREA COORDINATES SHOWN HEREON ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83)r: I - ZONE VI, 1983 NAD, ( 1991.35 EPOCH OCS GPS.ADJUSTMENT ). ALL DISTANCES ARE GROUND ;}xa`• �.+� TRACT BOUNDARY 1 , ry BOUNDARY CONTROLS AND SHEET INDEX UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE, MULTIPLY DISTANCE. SHOWN BY 0.9999678� BACK BAY DRIVE A;r ( PER PM 94-196) MONUMENT NOTEScp ': 1 ti c' �' 2R� �� ■ INDICATES FOUND MONUMENTS AS NOTED.. ¢4,;'r f R=330. OM L-3 0%� 1 . ,} w •.: �- 57 16 / •� �o 2" IRON PIPE TAGGED "P.LS. 4200" OR SPIKE AND WASHER STAMPEDcu P.L.S. 420(. !' 1 i �L a o w N o w TO BE SET PER PARCEL MAP NO. 94-196, PMB 287 / 27 31. ',•',A `v h� in n o ^ m o h ,- UNLESS OTHERWISE NOTED.; ; b d; , �- v Su, �u o �' ,v^ $ n,o v ■ 1" IRON PIPE TAGGED P.LS. 420T OR SPIKE AND WASHER STAMPED P.LS. 420d 7 w N 9 „% ` ". o ci o o v :`� o (U M rh ti 11 ii . _ • ,_, .;.'+;!'1 d \ , % ` o _ o, A � z � 4 � R TO BE SET PER PARCEL MAP N0. 94-196, PMB 287 / 27 - 31. SCALE: 1� =200� Lo10 \" J /N /" N cu z u v' z v UNLESS OTHERWISE NOTED. aS i' �i , v 4 11 u v j Z \ v y v I ix O INDICATES SET 2" IRON PIPE TAGGED "LS. 4693", FLUSH, OR SPIKE AND WASHER STAMPED' .� T.S. 4693', FLUSH, OR LEAD AND TACK, TAGGED "L.S. 4693" WITHIN 90 DAYS A€TER-THE '' " j .9���o1 pl'pT E ACCEPTANCE OF IMPROVEMENTS UNLESS OTHERWISE "NOTED. 1>rr 6 -' p'3i •6<` d"� b (N 91� �626,) - .,`,- :.. e"•Sa4 2h�h % `� (Rpp R- INDICATES SET CITY OF NEWPORT BEACH STANDARD WELL MONUMENT WITHIN 90 DAYS AFTER Pal 94-196 2 �43 1 w \ 1 I THE ACCEPTANCE OF IMPROVEMENTS UNLESS OTHERWISE NOTED- ;+ yo. w b h 2 L m Y PMO 2 0 D 27 3� RA7j £\ \ h y , n Z h ? • c \' SET T" IRON PIPE, TAGGED "LS. 4693', FLUSH, OR 8" SPIKE AND WASHER, STAMPED •LS. 4693 ,FLUSH, OR ��� m s s , ' ;, • { ee d �� '1 oln p LEAD AND TACK, TAGGED "LS. 4693", AT ALL LOT CORNERS WITHIN 90 DAYS AFTER THE ACCEPTANCE OF = G 6. � L J v c i irI v ti c 6 " �- h/ b L nl� p IMPROVEMENTS UNLESS OTHERWISE NOTED. 6=12123'14' !> v: 900 =o cut, a N u�lu u�m w vv -'.� z:a Zvi ho a ,2•J q !pN•-p _ ! �/ r l R=845,00' L=182.63'' 6S- �oQ \ �00'; F 2 a o = `� 0�o alp fl "��i�, AND TACK NOTE S: ' - (6, ✓lfL'� 4200 OP.Qvo �,, N 72'09_53 E SdSp s49' w 4 N 23.34'06' W - _ \ b'3 0 i RP TAGGED " P �� LOT A PRIVATE STREET NOT A SEPARATE BUILDING SITE 1.132 AC.; <s 50,00' RAD 1 \y %? `�� �� PER PM 94-196 SPIV 5 ��R�� 1 GONG LOT B PRIVATE STREET NOT A SEPARATE BUILDING SITE 0.953 AC. 66• 1 90\ N a�' 9' V 9 �` �� Q�B�\G x LOT C OPEN SPACE NOT A SEPARATE BUILDING SITE 0.176 AC. 405.78') . 2, a W. o �' 0 560 (N 350000'E �SS4• �z \� . , W , g o N 5� , BO aoo� (`\�c�6 �, LOT D OPEN SPACE NOT A SEPARATE BUILDING SITE 2.200 AC. r A=51.07'54' R9p F _ A�. LOT F op. a �q G�,9 '. �5 ! R=218,00' L=194.55'✓ `o�\��. 9� Lam �, LOT E OPEN SPACE NOT A SEPARATE BUILDING SITE 0042 ACr`' o m ;u M M • ' • �' �� O 4 'R LOT F OPEN SPACE NOT A SEPARATE BUILDING SITE 33-BOT AC. v N 383233 W S 2pC, `, (O Q ` ';�--.r•=4 - dl� O J ` C Q ). y .. _ N 68 0 Z z 63.78 �' QFR i(�P ✓ N \5 \8R 2 tib RAD`R-380'f 11 c a a N 39 �I18.70 62.03' - - / ` ( ) MEASURED AND RECORD PER PARCEL MAP N0. 94-196, PMB 287 / 27 _ N 41'11'01' W w tI 446, At K ^ LOT F 'Ra PARCEL MAT' p H o 94-M 6=75109'3a� b _2 4\1 SEE SHEET 5 FOR - R=125.50' L=164.63' ¢ �4. 90 EASEMENTS IN THIS AREA N o N 41'35'Sl' W " S9. c?> �344p, w AA'32;E RAD 51' W Rom" w = r8�,gs� ! PARK NEWPORT; DRIVE , 3 ry b ' _ N 25 RpD SET PRIOR TO �) a4 _ _(1J 06_41_'18' W) r" 0 3 3c' , 00 P.M.B. o ° o . . RAD) Lh�� /groo�SF) Pn M(�� nn r2j Yj r2j �7 RECORDATION 4:.,. lioUVUaUo l/�U C�0 ��� p=8.53'36' N 1434'81 W o a I h o 0 ) N 30,3021E 9.98 � \ FOUND STD CITY OF NEWPORT BEACH WELL MON. W/2" r tiro 40b53 3 FOUND 1' IRON PIPE TAGGED R=979.50' L=152,04 N 29 0812 W OT �', LS 3064, FLUSH. ACCEPTED 16.76' �� < BRASS CAP AND PUNCH, 1.0' DEEP, PER PM 94-196 1 rN PROPOSED o N 39.30'33' E /� N 46'292T W OT y ° %'"""' AS MOST NPLY CORNER OF TZ c�4- PRIVATE v rn PARCEL 1, PMB 61 5. 128.00' 80.00' H j ✓ .) 47 2 0 (o SEE EASEMENT DETAIL R=30.00' L=11.23 J 26 L,88 4) 0 / A=21.26'27 p •4909 h 0� o�E7 STOR n /=21'26'2T i s_ (Nr 190,00 9 `b DRAIN = W AT RIGHT HEREON R- d_9p. N 25.03'00' W (R= �/,� j� n �j' j� � n � (� 2 jj �j=40.00` L-14.9T l�p°OVIIo 61/5 ,h2a EASEMENT N594✓o Il �R Il �(DH I-D)A1I CELL CS-2500't_39,2�, 30.52' N 46.292r7'� d LOT D �\i�9p Q�G� \ N 6209'S1' ' r�°�� bPo 2%1' 9A30 e 78.00' I lRP 1 ( g N 46'2927 W 94.09' I� 880,53' (12151 2 a36 �. 37.98 _ wIw ( N 43.30'33'E 974.62') a �i 4 _ N 46RAD08' W -, ? �i�P� 194�0I6p0,£ =v" N 405RP BASIS OF BEARINGS _ co > W ( 32557') -- - � ( 534.27' > (s=3'S9' 120 `� SEE SHEET 4 N 41'49'45' E 2985.32' - - (N 43'3033' E 85984') (R=6016,00' L=4J8.60') `�N FOUND PUNCHED 2' BRASS DISK, DOWN 1.3' _ O �� I ��- (N 4919'2TE�392.28' )-/_------------------ _�40_� --- �o LOT C Sp, 24 - E 622. Gy 2 � ��8, IN STANDARD CITY OF NEWPORT BEACH WELL MONUMENT „ ( N 49. 9'27• (R=1600.00' L=408.35') (N 34- R D O o o Pq �79• AT CENTERLINE INTERSECTION OF JAMBOREE ROAD AND E 392.28') RE I: O A r qf, �� moo_ ' !l " /r ( A=14'37'23') JAMBO TREE1 i 4 f 9g. ry �O z �� SAN JOAOUIN HILLS ROAD PER RECORDS ON FILE IN FOUND STD. CITY OF e� ,moo o �� Go ( PUBUC S O 0& �Vg -'9• tic O)'9GAO THE GPS 6249GE COUNTY SURVEYOR'S OFFICE. NEWPORT BEACH WELL o a` �„ " �fl s° 0�' �J O rS U o b �� 2 J y9l9 1%S IfJ i SJ J �c MON. W/2" BRASS CAP L �� a Z. BpOGy p �G 7�'op.8 �D C9A0 Bar ` 9° �i f z NORTHING = 2,175,000.233 AND PUNCH, 1.1' DEEP moo" 00 -9�SOS Pgs y0 Bp9Gy0 y ��� e� 9ti �o FASTING = 6,065,726.664 =' PER PM 94-196 T s ST 68 ss s qO p 9A. A 10 c" 9A FOUND PUNCHED 2" BRASS DISK IN CONCRETE, ti0�0 ti 9�gF1- �qO� T p�� �� ��9 `•'fi' STAMPED "RCE 12851'. DOWN 0.9' IN STANDARD tiCyF/yo O yA Gllo� OOP OFF�c CITY OF NEWPORT BEACH WELL MONUMENT AT CENTERLINE op nC p y o FFA cy ° ti N N6g o INTERSECTION OF JAMBOREE ROAD AND SEA VISTA B �, A 0, ,3 o 41 �% F� F� 32' £ 7360 Op• DRIVE PER RECORDS ON FILE IN THE ORANGE COUNTY Cb OFF9c OS�Fq� OOF9 F� �� 9 o y 7$32. SURVEYOR'S OFFICE. FAA o S`y FFA cy A4i 1'Ol 1'9��' 232.28' _ �' 4,0p, GPS 6267 FpA� < pA AF�F� 9 ��L ��9 2• (N 49'19'27 160.00' NORTHING = 2,172,775.835 �'�01, 1j9_4ioti A��O 6 E 392.28')- - - - - - - - - - - - - - EASTING = 6,063,735.789 v �`� /L g EASEMENT HEREBY DEDICATED TO THE CITY CURVE TABLE: !9 �. 9 s 6 !9s �• OF NEWPORT BEACH FOR SEWER, WATER A=00.15'18' AND INCIDENTAL PURPOSES. R=1532.00' L=6$2' . =� lo- 6=14.37'23 R=1600.00' L=408.35 .,>.; EASEMENT DETAIL NOT TO SCALE _ �_ „.fF"'i;!Rp�'� tr�``�:.�'SF,rk''s. "'-.!-'...,.T'1k�''. -�' ;Y. +tBt'..,...,,y ,..p".,. � z'�S =�a ,; .,, ..✓'. _ 0si ” h / - -t ,a'i't f'v:+F'R..4�,;+r .'^uF& "`_yR^>',�t<, .'} Tl, ^F ";'v!' dt�" , ". rra ,. *. ,. _ .. . _ ' - - _ _ ya` .,R. ,�? ;y, jr��,s-'� ydv'„^,'` u ,M :_ t, yv , p, °3�'` t {' , Y ' ' :b. .. ` " , ?h ._�A' '+$p. :•y1 l e :t- i.'.. f','. , - � n 1,F "e,v ��}c V v'''g `°.'k" •h' ` k . t .� .t.. aI "� "fyp . �," `,�,., "- rR !iY" 'rt "r�W'.'.keC,',�+""'.� s'�.a �':+ .. 4,'•9k;'"., K;., ,;,+'�„cR' •eF ,{° �i.X t. ' e ,1 - 'S' "v"' .c^a;,, •,'9y+ '6, rV, t -.�^r. y�+'��''ri-,F�e'�,1 ..,"' :`.;-.. ,«'r..`.ln.a' 1 - - A t '%"... 4' 1 pm ,I rig! r.`.' , �,=;:- t', \,\ -"' , ! _�: \„ \ CONSTRUCTION NOTES: sEWER, WATER, STORM DRAIN &EMERGENCY ACCESS EASEMENTo h y 1. 9%x:m= I I - III �0F__., ' ., . \ x , , ► '' ` N : r=' ;�` ,' �' �, \ ` Q INSTALL 17x17 CATCH BASIN F♦ I r b as .:: 'y -_ \ ♦ \\ , \� 1 / �, �'. �i u WfTH DOME STYLE GRATE INLET 2O 6' PAD �`.` i .� Ir` � / i ♦ ��' , , _ - ,t ,, ,\_ Q2 CONSTRUCT SDR 35 INLET ASSEMBLY PER DETAIL HEREON 10' 10' 1' `,q %r;t: ,r � t'; " :kJ,'-.j =� j `\t \ \, O, \ `\�\`� `�'' \ - `:. � � , �\ ` ' O3 INSTALL 6" DRAIN PIPE ABS SDR 35 2% 5\ - r' ,, iT s}.,e,:, _ v , ..; " , `1 .I \ ` `fit , itt \\ �� I r - = -:'l' � ; �. 12' 6 � y n�" 4 INSTALL 13• DRAIN PIPE ABS SDR 35 12'-—12' Tl . > ',' \ , ' . 6' JA �ti DEEP EARTH SWALE �:.` . ';: ( , . °''. �\� i \ .�\ - _ - . \�. `\' :, © INSTALL 17 DRAIN PIPE ABS SDR 35 6 fib°,<; ',:. T\ \ ` ♦ •. \\` `'`\\`\ ` _c • :'I r ' :• .' OUTLET-tN STORMDRAIN "I. x `' _ 1 } \'"'\ �' \NATURAL ' � ; ,t , ' Q7 INSTALL 15" DRAIN PIPE ABS SDR 35 i �. ` \ ' . -1 ,j 1\ \ ," © CONSTRUCT G N I ' a �1 - UNITE DRAIN PER DETAIL HEREON 3:� SECTION B—B } �, k / x I fi' - ® CONSTRUCT JOIN OF DOWN DRAIN TO EXISTING V-DITCH PER DETAIL HEREON - � PL ' �G,x,., , ` \ ,;" . ; PLATE 2 n , / `) , �� •,� '`` ;\'" `\ \� .�- V�.� `ti �,_ ,`� ` i` 2�' /�- 4' Cr '' ,4 LEGEND 4. . `' ' o ; CONSTRUCT TERRACE DRAIN PER DETAIL ON SHEET 2r , o . 1 ` _ f2 s, ,. '�" %' } o'$ 7 'o> \ FSTING' 24" `CMP ® CONSTRUCT DOWN DRAIN PER DETAIL ON SHEET 2 t 0 SURFICIAL UNIT 't, �. 7 \ ' TO BE A0ANDO ETI� �\ \ / VARIES 8' MIN 1 4 ;>ki "i � \ r. `� 1 \ ,y f' M ROADWAY TO BE CONSTRUCTED PER \ :� R /. AS NECESSARY, `. © CONSTRUCT SPLASHWALL PER DETAIL ON SHEET 2 _�- F 1 K , ) r ' e49 I - THE STREET IMPROVEMENT PLANS / OP t A 1 ARTIFICIAL FILL (" \ ' s ® CONSTRUCT PARKWAY CULVERT TYPE C PER - �--� •�. f fi ?7 ROUGH ;%; /.' n 'o 66 �t u 1 , . 1 OCEMA STD PLAN NO. 1309 \,- ter.' \,, s s DETAIL Al RIGHT 12 2' ,. S', - k tr GRADE PAD `I111� \ 's 6 ' 19 CONSTRUCT TOE DITCH PER DETAIL ON SHEET 6 / 2x EXISTING GROUND BEDROCK UNIT ' o �'10 t ,' ,• - ; , 1 ; ; 6"0 x 7' LONG G.I. PIPE FILLED W CONCRETE. WELD CHAIN TO PIPE AND INSTALL LOCKING JAMBOREE ROAD _ - - - _ _ _ _ _ _ - - 'I . y Ln � s9,90 t sry '', • s 2 - ® CONSTRUCT 4" PERFORATED DRAIN PIPE DEVICE. PROVIDE KEYS TO POUCE, FIRE DEPT. & OTHER EMERGENCY GOVT. AGENCIES. - ------ �/9j ,.;.; f4 u1 ABS SDR 35 ^__ --,a Tjn MONTEREY FOR, CIRCLED WHERE BURIED '� - - 6 g8 48 a2 ® APP OVEDTEQUHA�IN LINK FENCE OR EMERGENCY ACCESS AND H II •T r Top s 90 Z1 51 SECTION svnnBOLs '` .,w ° ° • 2 6 ® CONSTRUCT T AC OVER NATIVE TEMPORARY CHAIN BARACADE DETAI A � = NTS t iN ( CONSTRUCT 3• THICK 3/4" GRAVEL NTS 4 1L JLILLIMIT OF FILL PLACED DURING THIS PHASE OF GRADING m _ j �'N ; °� ORq/ SFF ® INSTALL ORANGE SNOW FENCING \\ 1 ! I \\ r0S •, V N p__V 3. 62 W �,, 1J 6 I I .. SUBDRAIN SHOWING APPROXIMATE ELEVATION I r 1 I \ x 247 RCP 3 G/, PLACE SPLASH WALL 1 .:._ W ti i \\ SEE STORM DRAIN 1 a /� x h� 0 -_ g Io 1 _`'j �� `, 0 AS SHOWN ON PLANS ' \ t-- PLAN ' �� 4 x o ' j'', 5' VARIE$1 2' . • • .TRENCH DRAIN MINIMUM 2' WIDE, FILLED WITH AT LEAST 3- I (/) 1` �\ ,t 3 B? A;: 2% _ CALTRANS CLASS II PERMEABLE FILTER MATERIAL \� �`�, \\ o V dry FI •, `S`A,V x —�---------- -I DOWL S ®1 y1 qI 3 BAR 6" OC x-z+ ' % 6� �. - i- INTO EXISTING CURB Z' �i E BEDDING ATTITUDE, DASHED WHERE SUBSURFACE / U r / v \ '') j1 } /,�_ 4 I49 �5 \� 3" GUNTTE W/6"x6" p I`\11 J v vi11. FL .Ik n p . It �"J: ;f ' 1\ /' �'�� 9$7 s 19 1010 W.W.M. - _� -���\ ��� W.W.F. 6x6-12/12 / ;' T' , CLAY SEAM ATTITUDE DASHED WHERE SUBSURFACE - t_ \ . / P _ _ - - _ 6' _`6 - v .•'' k d � � ➢^� 0 f.� .I . / CENTERED / ' { 0\.1,-I .-. 1- "- .. E xI- P "�l.i"-;�I "9 ".I. i-'.f7".C3.0-_- -I 971, I /- I. � ,.. .:177 �ON�1l,, Mc . v- t- 1D_I , � .S_ \" 1. _" I .. I / I \.I II 1\-.-. 4 . '_, - -.-. 111II1 1 I -;_�. I_1, II 1. . ' ' 1k. // 6g,° 1, ~I `' yo. \ EXISTING GUNITE = EXISTING 1 >1/� — — — — — / "'.4 110 APPROXIMATE REMOVAL BOTTOM ELEVATION \\ 2 � 9g 0 \N`1' TEMPORARY FENCING�y, i _- (� 1 \ ,.S D 95 �� 75 \\ 48" RCP W DRAINAGE S �`_ 1 ,���1,� \. I t o t � r��J ` FABRIC . ..4'1yyy..Sri ,;y "+'';;. , ��,I 11 Oa'.� `'�� T .. 5$ • 1� DRAIN DETAIL 12 `�Qo o`' APPROXIMATE LOCATION AND E F.,• n ♦ 1 99' � /��(` �l �y� \�-OoEXISTING� DOWNDRAIN 68 LEVATION OF BASE OF KEY n .. , \ a''y .. ._' `, �jE) \/, I I' \\ `,q . �%!�yg6j"✓VV\ \` \0. r ✓� NTS o o GRAVEL °I SEE DETAIL x ` <. 1 ).� \ �R4i \\ T,4" 1 3 \ 105 os \\ QQU�J1/ Tn LT41 BACKFILL I M _ _.. y ,. �9 9G • N -C �, ' ' ; ;e7 0 ,q - / ► o 7 r tz T m — 12" tL ` qTS R \�� /s I i q0' I Iqi _ S ''_ : r ti tl' RETAINING WALL N(� /. /' i • I "h ti� .� r r %' \ ! I:i, ," ''y LINE 'A' Sii \ // ��om' o �� e $ 3 10 19W \ % \ 2 8 J A 2 \. ' \ \\ /, STORM DRAN PLAN \r / 1 0� tlt \ •• 3y3 T4 t0 " = 2 . `y EXISTING 12" PERFORATED " :. J - \ c tl 1 SDR 35 PVC OR HEAVY 51 \ '. \-.. / �- • I �� TOP OF '_w 1" '� - - ■ �O 0 1 1 ,120 '09 °s SLOPE 1'� lOF CORRUGATED PERFORATED HOPE DWE OF LINE � ,S S c �� �8 Q Xi c� ! x SECTION A —A "r ", u ■ tz3.s 20 TOE OF SLOPE 'a 11t J r � I05 t LL F ce A F � TOE OF `� 11 tt3 • W a �_17p F SBq 4 SOp t ', -If==_.-- $ AYUWT YVNE I05 it 1 SLOPE \ / N Q /N OF F , 143' 4oty F ?'r TOE OF LOPE its X t �� t �� ly! p� '`A� . ...' � '" -.. - - 1i. r � 65 - TOP OF y__ t t t ♦ UjlLy AlR, -'I 1 ki. - a...._r qt 'v I \ SLOPE —.' SF hG - _ e - - . r �- « , - -' . - - :.. - - - ,2i,1 �d' o ti°° I c� .�'' '.1�' 1G rI-V t 20 � y_ -�� .. ^� 0 3 4 93 CjJ FA %,,�l. - A ' y l' > t55 I A7•' to rs _ I < o oP TF NO L�', ' *:... �igsl �� \�0 51, CFI o moo aoo u1/0,,'�FR� ----- -------------------------- 6 $ i' :- - a1 4 tiro - �.il�� \�G \ FO 1 47' t 42' 41' I �33 o'°��o�o°oo o �' 3 �0>y ,0 6' Z ! - '1}4 _ ,1 ^' 7 >s ,-PL 46' � V g`�o°ooa S)OX/ 4n � Z� i : ,.. : ..-� r. _ '' °o' 107 5C g �. \ �Pc�d'� o °a F lFgJlr ---- `x `_-'------------------------ ,' >R -- 4 28 27 ti25 - 24 4$, — ° 3�s T _�1 tr4 :I , -' ,2o— h r-�. az Z W 23 1 1 o ,°2 J3 BARS WELDED ® 3,5" MAX. O.C. \ 'k # 6S, , ( 12 3/ �� 122.3 122.5 122.7 h W • BIRD INLET. GALVANIZED AFTER ASSEMBLY \ o 122.9 . 4' o o \NV C ��,� ' . , � ) ,ts ia ,t T � s. -I a � a 108 123.1 44• / 19 \ � z a � o 'T:; 1/4" THICK STEEL PLATE . \\ 'tr9.4z Ft I 54 '. S I "_ ,,, 123.4 toe of � �� / o� _� s9c .f./` " W/1.5"x1.5"x1/4" ANGLE x \ 2 1 ., r '1 STIFFENER ■ > \, 8 \\`_ TC _ _ 107 I I PLO R 10 46 mom\ X r �o `S 3 - - i k ,r ', F 44 \ a O kxIIVES (TYP) 123.EO 8' �,bc 7s ?0 in ry , , -;H,, ', SEE PLAN 8 ram, r19.)y t2t.3 121.3 - /- ----- _ - n Tm I �5 3?' c�\x 1 21 c� REMOVE EXISTING t2,.5 0 7' 3a' Q 123.8 \ a N_ y ' > V. '', 7 FOR 2" $ 1 / a 7 8' ,( t2,.9 6 a A' IO (� �* 5 .. 1 ~ AND JO NE WITH ITCH . 41,1�, SIZE ! I` /.. 3' 7 4 -_ L '/� �c7 q, ! 0 93 tT3. _ 124.0 $ y �+ \ _ DOWNDRAIN a -' ! EXISTING 30" RCP DRAIN, RISER RETAINING WALL NO, B I ° 3 e '.� �� _ a' _ 1 v� N $ �� ,�'�° o.soX,° �` STREET ^"° �` '� '�,"°1° °° �\ ;F ',"'. CONCRETE APRON & RIP -RAP � 3 1? tic 4,3• a 11: ` ; i 50 ! TO BE REMOVED PER DETAIL 5J 3 �� 1- - �4 I "' , ~ °� �` tl1g a /�,�J " 124.1 % o A� ------------ ---- ---- ------ 2X yIN q% MIN. ON SHEET 13. STORM DRAIN PLAN Ec i2oA/ t19.86 f a a o �, _ y , ti' �l1 1 / AZ , `_ - _ �- _ ,' I 2X iC o f .`Y , r- .�. ,\`,' "I ,',' ' C� .`V >�G m ; _�- � '�ti '\G � � „J� � N '` . ■ RIP -RAP TO BE STOCKPIL D FOR. .ti 10 `* "�' ;... '" % T I USE BY STORM DRAIN CONTRACTOR l i log n �ti110 �� _ ,tip c „ 44' �� . 124.5 / A ,. 1' SDR 35 SEE "r �I\ _ \ - Ir9.>9 �a 5 4T t2t.4 2T 19'. 49, ,1, B �ti,4G t23.t� PLAN FOR SIZE UJ ! TEMPORARY FENCING ' > - Tc - - - - - - - _ _ - - _ _ _ _ _ , _ _ 3 0 t �? t ti , 124.E 52 '' AND COUPLE „' J %/ 7 t22.t A t47 �\G 3�0� ,L11 ���\a° 1.5 I `'41,, 'Mi' .t P.C.C. I' / + 3 .5 22' 6 3 22' S 1 _ 3 S• I 108� o t222 ry ,ti t� `etc �!� a� 1.24.8 5 f 19 DowNDRAIN x .i. ` _ j . 122.3 s ' a 42. ,� ,�ti,` , �� `14 r �^ - k.. �I x ' i1 X 14' t s' 14' I ^ FUTURE 122' 122.4 122.6 122.9 123.1 f s I w t.9o� 3 s c,21" ,c . \ \ _ ` r .. 1 ti SOUND �- x 1 _ t23 S \Ill \ �� s- PLAN ,, ''�_,:, 6" •� ' I a s `\ T!ys? ``95 1x3.4 t \ ,72.8 y ° 125.0 57J 4t:, 6. _T 4 •, J c'I rqt, L I\ to %B ,G I ��°C\ n , n v 1 23.7 �8 59 � 1C /' ` 1 /��^ 20 0 J n r- • a x'. I 18" I I vJp� u /' Zs - T rp g I a ` \ p, p0 1 1GI vJS Aso\ \ �' 1 3 t ,,1'`a' � � 6"" 6"r••-- ` /t 't `7' 1�''' I �i4' N d>' � / \'` \ , t23.00 1O 'w ,z t ';. ,�- ,; 7 7 E� 47' 20' z; wl 4 •� 123.9 9 �° \���\ � % \ � 125.2 �� �s. `a JOIN OF DOWNDRfkIN TO - ,:.ip " �y \tg2t �„_ 38' 1:SE � 3 bZ � \ \: � >to `\ 09 �O RIPARIAN •- AREA 1 T°?' 1 6 �60 .� a —ti 43, VARIES &k 124.1 I\ , ,,��9 4' 7o ,-EXISTING V DITCH DETAIL 14 ; ' SDR 35.. INLET f ETAI L,+,,. 2 ti ti '� \ • WETUWD s1A � v . TQ Q �° so. 8' MIAI" h \\ 1 2 rt, NTS t HABTTAIS. c E "' \ Q J �> 73' tc YJ , ,,•: �/ .� _ .-;t _ �7\ , 1,2 47 , 11 27 \,epc 'ts24 �0 125 `� \� Q 25 3� TOf OF 1 O \ 23 \ "sue NTS / I �"_ \ K 1� tG Tc 1 4 °y �; \� �\ SlOPf \` tip' x f ,� R •I ~ i'- \', / I 8 Vy __ -- 4 1L .° \C� o, 44, o o \ \ 125.6, o e ' `' "' 'j / , r` -ice = r.' t '� i o ,30 1 ti ti 124�:4 ° 1 tz3. 2 ` 07 / �,.: H ,+' . ~" \ / r' •, I r - 7g95 BvC h� t L° `� Q ` ` I ,nll TC ' I F) �'Ta h :,7: '' o' , / .!11 i .) , ,�_/-----=-=--- r---�I tl o \( o� / 1 \ \Cs 3p a0 1i9I�10 I ZGIcg �73t� I Q \ So �� g• l v f r t ., ,�/ / r :/ T I �! \ ` 8 \ 135 r�. �, J `Y I $ `74j `�' �' '- l l a J' 1 I '2 r2 rn I '" JJ f y ! FT,'+. // /� RIPARIAN ARE t+9 . 5\` S' S TOP t l\ "' 3 J 124.6 \ e\�tio�� fi_ I 64' ' / 3: t • j % • / / MAINTENANCE C 7S _ _ _ bF 1 ��' S' I , /r 120., 7 rn �' �� c tie . \ , ai - - . - - r4,- 1 ao - _ RIDG .jN SLOP ` \ c', r , 23.53 \' , -- .1 ; < r / ACCESS POINT \ f c 3. f o I \ //' y 2X L _ f r \ J ?J \ TC I; - �' e e 1\ / ` , f / /f „l I / \ ,r \ ,��` ! ,� 1 137 _ _ I % \ 4. `lb - "�� \ / Qi S/��• 0 :; '' - _ ! �� \ I / , �,/ x li \ M $� \ Q -.r 135 ! !A h1 y 135 �C� 41' S0 y I �Q i \L �0� (Jet'\-'� / ) ( ■ _/ • ,I 1 rt� -116 \\' 73 OS �� \\pS' Le \�y �\ 17' IB/�` 4 \ 1 tiR 132 ,33 OI) 11_ I rr 'n y \.:;,;, is r ' \` .., , h i / ■ \ ,5 27' 2T .5 `',p t30 " �1`� I �� R\ 125 1— , �4" Y" ":l _ -v ,i ; . / I' 11 y M - n 10 1 I Q I \ I 107 108 \ n " - _. - I _ ■ . l / ,,a „9 ,2 k" Sc ° s�' wz �' m OF ,2s ao s x S A ,c� _. J �, ' ` T ,.1 r / I f `\ ,il 120 "/ 9' - SLOPE 3:1 SLOPE I I L 3:1 SLOPE y C LE 1 =40 Y - p F c : ,, ■ 11ce -�- .1L JL y1L. 120 ANSITIO 2:1 SL PE TR SITION c\,�—� c� y, ".w, „ 'x; r• - _ _ _ - — ._ . __ _. _ -,_. - p . . ):. - a �' _ -. _ t - , �- \ 1'25.5 TW f` -- - - --- - _ -- - _ + .... n,�`�4U .- N —0V _'.;I',�;1.�., �I-,-. 1",A1,5,,,` _. .,I fW1.1.I1. § , I,;,If4 rI-*-,,I1 ;, .�,�V'W7I1,"! ', ,:j�,,, �I1;.,"-'" 1,'-'4),, . ,,..,,""- . ,1,I ,., : :,I1r�DQ11'!\L �0'), �/�pII zI 0 f I 1- . '.,Iy1.I � I- (.. 14; ,9:1111II1.L. i .!.1�!i. 9 ."i \� ..-n \-./U-. �-L "I ,. ... . =: \ _0I;-n --K0, — /l-i,�p)." , "2-II ?"1 7. 3 w14 ./ .-11;-7f4 _�____,-__�_- �_c:__I__—I,_I �0 j._1(.N. --zo 4I A.;.�_� -I ., J1E._-g � 1\U, _ I I I 9x? 9_�50�4;._, 0\, 1 ,�-jz,. t ',; : , _ ACT BOUNDARY ti t_ - TRACT BOUNDARY ,' I H 3_ r _ __ . -_ _. /PROPERTY UNE 48 RCP PER OFFSITE SEE STORM DRAIN PLANS 20.5 FUR SOUN WALL TO BE - /PROPERTY UNE "\ _., ■ RETAINING WALL NO. 5 IMPROVEMENT PLANS FOR CONSTRUCTION DETAILS u FUT E D Fl BUILT PE PARATE PERMIT - '•- <,. R SE n 4. - - 'kt - =',-..- ° _ w - _.._ JAMBOREE �°D _ \ ` r'r R�r _. ROA b�` ,n ,.". NTRY M T W PER k'`� 4,-... r- 1 ■ LANDSCAPE ARCHITECTS PIANS ~ K"O \ - r -- ' D' A , .. _ __.. r \ K �F L - �" ?, - x _ ' - ° • Fy C7 t 4,� ,t - t _..�-- ..-.... .-- ._ - .. . .. _.. _. - t - _ - _ . a . _ - _ ... - Fr Y , 'L '1 f -. .-.-aw..,,...---'--_�..M+d' ... -_.. �. .. - - ,.... - -. - _ , __ . _-. �.60 - .1__ ........., . -,,. _.,..._.-,...- .... .-.--... ............._._ ..;Y. .-... .—_ ..._.Y..... _,....-_,._ ___....".-__ ... - � . .. _. -— �.. - - `, /%' rr - { �a 1���:�,I. ' t I \ \ t -�•-' 4 A '�, s, \ f t \ , ` "C $^ ti 1 =;Ar, iLI t ` REVISION REVISIONS FOR ' PREPARED BY '::" PREPARED UNDER THE SUPERVISION OF: t r T . DATE rvTwLs v� RovEo Ro /off ROUGH GRADPLAN HEF - FESS S 1 g ," ;" APPRO Nl NBER DATE PJTIALS o Q �.v�, ,1' =N Ps MDS CONSUL T/NCB TENTATIVE TRACT NO. 15011 '� ��uc STANDARD PA IFI L.P c� No. 20596 �' C C Id011SE - SCFt1A1Z „ '�' ' K r " _ « ' * 17320 R■dhill Av■nue• Suite 350 (714) 251-8821 3 i,, i'� ';?�R :" ,: 1 1565 west macaehzer 6lrt /costa mesa cmfifornia 926Z6 Z f( �j elvtL \ Irvine. CA 92714 FAx 2s,-osls I�OT$ 1 ^ 49 . �T � . " «3 Pqr CAL\F +,° �� �- ,"t•" " m STANLEY C. MORSE RCE NO, 20596 DATE NEWPORT. NORTN' �' 1. 4`�4 aa�°� ,.,n .v CITY OF NEWPORT '.BEACH -:. ,�' lr P NING ENGINEERING SURVEYING ', ,�' �M."'"!*•`P2il"¢��".1 4,Htap�R c "• a .ati3�''/p` Mw �.-a ,A r. .� ,`� r- r� ., , .. ... i {. .,'r1. - " .,1 n 't, t,/JG540�YN-`L11 'VftA�T'E.'vl' ' I k x.. 1�c .,vl' n J K', wCn..., 'R ,,_ ' e '�'154' ^'`' r 1 a' w �' 4 - 1 �. i - .,��; i:.\°i " ',h. ,t'r.g.� 2.,,'0 1 t 11 1,, b1 fY,y 'F" vkA' Y^ 'h, 't.t , .if.f i-. t a. a { ' y� ,,:A4' c•M, .�f - k A 4 Y' .-te I .:py" ib +,a•< .8'• Y* �,w 3' t�,,`�j +t `^'a' nY, .h.<+.' c -. '-0..tr ,- .. ., ',4 r"•� q '1t yX ?f ,.r „;}gyp. "NW tsr - , r et'.", # >'. ,..ne�. t _ t : Jr ',- 1. .^nt "n,' ,.,a. v. I .�,:L "' }' ^.. r' r . h' . 3 r q / i Y t s Yt Y j� .h v > l F.a` f. t'II t: v.r'a . cif . • t`s+, +, '�', : ...,' ", ay,,p,.. M; ' v 3 A "'tp <. �v •- } �t 'iv 'X'� '"vR r�Y^' qll'Y[," -Y D 1'A' S'. 4AW .,s,, _ ` t , •I4'. y � �' • .71r p n`h e w-�°i...�;u. .w✓1' i .'P. ..!• -.a a `'b, v ..,v. '1 �V-�'^'-� - _ 3b ..'<1'<1F _h r : - _ _ ,_- ". .-.� � , . .. _i. sat..:_-. ,_ .. .. .:-__ __..__-'- _ --'-` .-,_.,- "�r.+- _ __ '_ :.... ". ... - -. _. _�,- ....,�..-x. >, ,.....a.. ,.^^a. _..._. ......__.,_-v.._....L 'iR' w _vw, .:F �. ae.-t,i.,--.4�syn.- ."�-SAP. r.d.....M.+ ire. - n • . .. ➢rwu b.q, .;i fin^^F y..' V . - ,t . ..: - • > ,vw• ^v, s•. r+r. --.: � r u .'-r ns . 'i> k r q+ , J _-r.rr..-..rn ✓. Ary r , :r. n•a6:' r, .. ..r",,. =. n.rv. .. aTYT S .9,:v-,.M_,:,,. . 1 ,i. w t t' .. ,. -, _ _� _-.4 eT. ., .. -,a`rv. ,1 - ♦ '11 .^A. '..S'. 'f-. ♦ /i L r 9 . =x I .Y 4 M- `3 a i• a 4% _ \ r >w • \, \ `'`\---,�:�' ,• _ �_ - . , , I. r. �, CONSTRUCTION NOTES: SEWER, WATER, STORM DRAIN & EMERGENCY ACCESS EASEMENT k - ``, �_---'r% a ,' •\ ',..'r 5,\ `;.^. \\\'\� •� ,-' •'\ ,+,h" 4: ; % �',, `�'�, ".'' '*.;,-� U1 INSTALL 12'x12• CATCH BASIN WITH DOME STYLE GRATE INLET 20' - \}—' \; '\ ,i+ 4 � , ,\,�, •� '\ , `4, h 1 p \ ,' i' f l' %-��,.} ',`\�'� �aF,, ,�sh,l,l ', I . '.,\ .../ `•,\ ;:\,'. \. •,4 �,�; st. : `;\. ,\\\\ ` :'_ \,''- �,`, '•✓``-., a •' `_ _ `t�.\`.y",.\\'\,�, w\ s•;` �",�` X ,^,, 2Q CONSTRUCT SDR 35 INLET ASSEMBLY PER DETAIL HEREON 10 0. - ' d'� `:x---.. `;_I \ ',, \\ ,<�� , ,1, • i`\`, ,��� `� \.\ 1; � `.>;\ \•\ •f �i-- �� \: \,•� , :.,', �a ,♦':. >`R�- ,4 *,\, 3O DRAIN PIPE ABS SDR 35 INSTALL 6" DRAIN PIPE ABS SDR 35 „ f ' 7 \ '\ `, , \\.� \ ` , �. ' j f I -'i' J..�-.. -. "�.\ ,`"�, \\ `� •. , `~ ! 3\,>,K /r rc \4. O INSTALL 1[ � If ' � �\'\ ', \ „ ."�-. ,�� ;, ,' � - ,�. �: r`i'' ,\ ; \� t`�ti�'• © INSTALL 12" DRAIN PIPE ABS SDR � 6' 7 `,' 4� \ a'\�\\•: - � NATURAI t _ ''� �`\ ` 4, �: \,\ ,\\, w; w� ` '" ''`, 70 INSTALL 15 DRAIN PIPE ABS SDR 35 `'.\�" © CONSTRUCT GUNNiTE DRAIN PER DETAIL HEREON �;• �� \` �`- �'`;',•` \ '�`` CONSTRUCT IN STING V-DITCH PER DETAIL HEREON f` 9�•- -� - • \ ` , '. \• � ,` •'4 "�; > ., Vic.,. , �.,\\', ;\ . ' ; � � �i `''' ,..-',y," JOIN OF DOWN DRAIN TO EXISTING � - - �;' - _.-, ° , � , . `. , \, .y` -- � `' `:'''• `,,." `� � ,,��.';� " 1 CONSTRUCT TERRACE DRAIN PER DETAIL ON SHEET 2 2z l .\ r ` t a • e I � , r } T1NG�' 24 CiP' 1 ,- 1 CONSTRUCT D , NSTR CT DOWN DRAIN PER EFAI E077,I�;43 ® L ON SHEET 2 ••, , ,',; ,`'s O Y TO BE CONSTRUCTED PER \ M M ROADWAY ` \, A�`.NECtSSAf2Y,`, `` 4+ ` � � e � ' '..„ • 1© CONSTRUCT SPLASHWALL PER DETAIL ON SHEET 2 1- �I THE STREEfiMPROVEMENT PLANS CONSTRUCT PARKWAY CULVERT TYPE C PER �, l „ o> � `,,'; F � � ,,'� '`^'• 67 s ''���_ - . "" ® OCEMA STD PLAN N0. 1309 ,,nr'`�-,,,.6E DETAIL AT RIGHT i 19 CONSTRUCT TOE DITCH PER DETAIL ON SHEET 6 Lyf O 83 ;`; , ., • \g `Y/ '' 6"0 x T LONG G.I. PIPE FILLED W/ CONCRETE. WELD CHAIN TO PIPE AND INSTALL LOCKING l� '`, •��' B ' I �rJ^, 2 • y ! ® CONSTRUCT C PERFORATED DRAIN PIPE DENCE, PROVIDE KEYS TO POLICE, FIRE DEPT. & OTHER EMERGENCY GOVr. AGENCIES. t •.-` ,.i` - ABS SDR 35 _ _ _ i , g • `' ` \ 1 99: �/ CONSTRUCT CHAIN LINK FENCE OR APPROVED EQUAL EMERGENCY ACCESS AND i rr E 2 ✓oso . 'L; °8 sQ 2 6 o J • ' ® CONSTRUCT 3' AC OVER NATIVE w i ,06 Top ,t - , TEMPORARY CHAIN BARACADE DETAI A j. `' Z ✓ `'�µ'� _ 53 CONSTRUCTS* THICK 3/4" GRAVEL NTS Z :`2A0. '�," T �' ' SF� • ss 4 12" 77 y�..v.;S R4ikp - A=: �tif,_ ® INSTALL ORANGE SNOW FENCING s . - 3p , 2 RCP SEE STORM DRAIN j N a �.�., `,, ' ,, . '. ., ; _, • A( ,t '" •1\ '��, •. raw- —PLAN • -. �.$ - -64 , ;`• �' ,;' �',� ,,S x 2%► I ,�i-1 ,,_' \, � ,'`c- /',., •\._ir O i \ _ 1 8 - - '•.:; ,Q/1/.�---�--- K p : Y, r. %r i' r xv. _ 16 PAD 1' ' 3•.1 2% DEEP EARTH SWALE SECTION B-B PL 4' 2 0\ O II'r1 �I1'' 0 I 1 VARIES 8. MIN I R/W J J , + DR Z'J ROUGH 12' 2, 3:1 GRADE PAD 2% III•— ' I EXISTING GROUND � SECTION NTS ,`� ?, '� I\ . ., j "•- ., ° \, 4 � . - - _ i % i � 1010 W WEN /6"x6" - d /' y 6 s g z 1fi0 95T g 6 • iW.W.M. a : `v,•,( 1 TEMPORARY FENCING i�l;'; .„F._ ",..\ � _ �- _ _ __.•._ . e \.` 75 ,"'°' UNITE ' ., • , 0 \ _till 48" RCP , D G •. 7 � ��p L - ' LAG ,, Jt1G:' _,� P •, , ' , ,r ,• � �\ /' ',, . 1, ;•,�, „>v,,, is]`' - �. •. �,Q - Yact � DRAIN � - ' eotJ ,u. �'� I DETAIL �'"'.. --> ^'� w � � ... _ _ `-_1, •' � /F =1 It f 9 4 R 1 '� ' \� h - - 230 ROP NDARY' •`a' `' .�`•.� , _ �f .. �•c. � 1 r � "' 4 �. t h' �� � \ � .�0 0. • - _ • ER7y ,, � j NTS - •'" ' o C✓ r \ � � ' Ali � <�:: ` /© '„ , I ; \'.... '91 � "4ej`9Np \ , : r LIN 0 i � � rG l^r'�✓ �,' .. "` 1'. �� - I �. �„ •/, 'Y `- \ �,• .'�, �''t, Tgr3 'I ` 105 - QS SkOpE V ` E^ _ g •,' qQ(// ' - to Y' // '' t�'_ /�/%�`� +�/l/ \ 1t ✓;r / \\ 1 • ,r 24 2:7 0 - cat:' • L,,^. i87 - ■i ��. ''F' ( ,r^ .1111 _ ! \�, •\•\� � � ,r / �, �' / \\ , •, 'hV J .. �tl/ - x - - ''.'.,x t' rr °, . it , h r _ - � ; •- �"-^1 - - t i f l 1 R AWING WALL N �1,:.. ° /; / {`oa` y `� s ry 4�7 ✓i,, �'' f: .- . `\ • 1 � t' .,,,, ',\•., I r/ "^LIN�sA,"'SE4 ` ` / ^ °.° o � �' 1 5 tV '�"`l \ �,. •. ;mow', t . \ (' / 1 •.°e e fl 2910„' 'l, J - - \"' ;` i% wl, !'' � \% I it � `�- TOP OF `• - �% �% ,, 106 - -• ;QJAYL10HT DAYtIGHT:LINE -_.d �. �-.�.,.t -•.l. ',,:::;' "'..0 • -s • 25w toy `�� 'nto i*GB rTOE OF 22 r •3 ;.,,IOS - Q 4 �F 6q , S 73'�-mo.- _ „i Cl',/.., LINE ° F 1 SLOPE yqA/ry C tlo CJF'0F < ..... � e>,..r••■••••�,.•■��� ,- �.:� � _ �,/.. T4)E=UF'<SLOPE U - ris X- 112 • ir. 6`' 107 TOP O :LOP lF /J � ''•..`'' /•,�!)• , A qj ..�,._, �-t-"y��� i4rl,:y _ "'— -�-- - e�, `p � • ,\\�G`-/' __', :` --•__ ------•_ •' � •^ � Q �~-; ;I c�/ FpC{�/ , o . { • i rr%o �\ 2 os _ - _ =�"=.,;,.'„"�-' `' �.f T,��I s o '�' l_,'y��." � `� XI• • 10 —M 106 75 PLACE SPLASH WALL 1 AS SHOWN ON PLANS I �., 5' VARIES I �-- DOWL #3 BARS 016" OC INTO EXISTING CURB � 2' vFL _j W.W.F. 6x6 12 12 I T . CENTERED / EXISTING DRAINAGE - __�_�' a s ✓ FABRIC o OD o DOWNDRAIN boo° EXISTING �c GRAVEL of SEE DETAIL - - BACKFILL I I I r7 II y I�a 12" n,7�V I- � •1 EXISTING 12' PERFORATED 2 SDR 35 PVC OR HEAVY CORRUGATED PERFORATED HDPE SECTION A —A A - - - - - - ---------------------- ------------ •--`t- .,. - I� r.,. �'' P, � ✓ �-`- � �o �,�- __ „'_.. ,:.�, \q/J' FO:. ,�, � � 1 20 _ e � dsw t- m .•.„ �, .,a„. ,..rs.. ,� ,.,.,., - Yam:.,-<x»..r ..` 1' � `, ro3'' • ro0 � PL106 •'"! • /� i 52' , M 6 '��' •� o 0 oo��eoo oo INSyl�Fj�QU/l? -----W �c�------------------------ 28 V � 106 7, `� O � 2'12 .•� 4$f oo,' O � 3 S '9Np \ -------------------------------- 1"24 -•''7`` asa2 y • r� Z r. #3 BARS WELDED 03.5" MAX. O.C. r �^� �; � i 103 es O3 - t To r -�.. 122 1221$ 1 5 122.7 �' 23 a /� '� •$D' '. 1 '' C \,�'. h .." o�, „ ;. 102.0 , U (BIRD INLET. GALVANIZED AFTER ASSEMBLY) '• �' 103 r� : 0 22. 4' o �''.`\t•1N ', �- 115 ` a I 1 � i I �7 2� I � o � ' �� 123.1 c1` t mi x• Yk � � —�" -- `'�.. � '••� CV 1' ro6 ••. '� `` • F\Q, O ,9 ''\` `� "r\-•v'`:, -. - , W 1/4" THICK STEEL PLATE r � ° \ + L_ r119.42 ,- � • �' S � 123.4 sic' , W/L5"x1.5"xt/4" ANGLE ■ \.i , 8 7 V 5' PRO R , o � 1 6 ' �• `� \ �x b�, `tr �' 3 --f--- r STIFFENER 1" * ,.�°• ` � t' �..tf ,\J123.6 • "' 3:Z • 9 �\'fix c' JJO •s \ '�•, -�, .- � •, SEE PLAN I ! a , , {' /'', ' � 1. O` �.. tts.7s • tz ` t2t:3: - - — �- - - _ _ _ Y93� { O- 32v� ' t. �� ': _ _ _ .,. ca REMOVE EXISTING 2., 2" ' � � � r _ t2ts 2ts _ a _`• Q a � w �x �: '- z FOR 8 r, / \� u 8' J 't 7' 34' // ro " J CONCRETE V-DITCH . SIZE ■ I' P4 ( ,• /r, �, /9/ _, � .. • .. y t; ros S¢' 10 - { "-' AND JOIN WITH . , '` to •40' t, ,k '' •' I? ' �- ' - ttETAINING WALL N0. �,- � - • ' 1 �� ,A, • . ,t � ,� 43 r22.4 \' � / 124.0 - 3 tf_`, C' DOWNDRAIN - w.._' ONCRETE O" RCP DRAIN, RISER '.. f � $ °• 4 a '' a • . ��... _ _ - .295 �, ? t t N s`I' R ry°' c, ry°• tiu S ry o ` � � • til ,c� � ' C ' APRON &RIP -RAP ;> { ' ; t353 '^ `° - • ', '. 28SO'50%^ REGT'. C> > •. 1 � '`ry �G _---•-'� T2� r 1 1 �` ` ,. 4 a • ' 104 • `\ i `��'• ` 2�-MIN. t5o MIN, ' � ■ TO BE REMOVED PER DETAIL', '1. �;... s\A �. � f � I 19.88 � �o �,6 K)7 ` ' ..4 .�. �C` 2?s \ � a. o.. � '� J 12� 24. s ON SHEEP 13. STORM DRAIN 'PLAN w Ec ,20, '-1/ +- � �, �,• ry°' u ry° u ry 4`,- ry u , � , `�.,,� �' \ `• 2� ' �: { { � � (l .�- n 2X l0 ', 1 •, h •'. 1 �. r. ', 109 t-: �•�• �,, ' - � � L 8� ,y,. \ \ N •., / \ 't _ :,, ' • A '/��- -- - _ - - �\ % ■ RIP -RAP TO BE STOCKPILED FOR. t ., h �-.` '� �< v` - ^5. ` '� • <\� ' USE BY STORM DRAIFI-COi�TRACTOR -'a'». 1 k, : '/ � r • (og1 ll0 � ZO6 ,,yti� �'�` \�,\�o � 44. � r, 124.5 -J?��` S I33 •, � _ _ � SDR 35 SEE � • `,� t, i - �\ m • J O6 p 4T • 2T • 19' rc � 'I V' PLAN FOR SIZE ' .l -- - tzt.a---- ------ _ \2\. 7 23, t '. • '\ BAND COUPLE . � .TEMPORARY FENCING�� ; I ` r> r M-\,^ _ 09 t • , `" \o \�\,\0 \ _ �c . o �r .� � \ i i � 124.E \'.195 .\ I ��,, � , ts. _ .: r { _,_ z^•; ..4-, ` t � %/ w 218 r " 22.) > �' � i /^ �;,f\ 1 � ...t 1 � //. � � '\ •f � � :}�% 21'Y � 224 \.So rob . `.Y - /• ; 1 b y }, r I i 1 - N � 6 3' �. a---� '1 _ 2S I 'L • io � � � � , 4. \�. GI�g 4\ J' � i 'IG y� ij, • '� t" ; ' P.C.C. � r . /%,' { If. ` � ,1�' 'S t 1 ' f , �,1. • a � � s 3 I • 3.3 �: � � 9 2 t � \� � J?.t \ • _ b'y o•. /9 `, I ;/ •� h,� k' .5 22 3 2 e o r 1' 1 \ c t a '124.8 � `\ ;� DOWNDRAIN 2� .5 '�%' s• � � �O tit � ' • ;1 ' , r, I +122.3 � ,� _ � �'' ,tic tip\ ,. .. �•�1 ( i � � � � ' % � 14' .' ,4' �Q 2 122.4 122.E 122.9 � I �- ��� '\ t \2�c 142� •1c '�_ .: rots •` ,� 1,4 �' ^� • � - h t 23.1 s � �" 3 • ,2 '\ M1 , 6rY •/ '1 14SOUNDWALL- .pyq. ' r23 J �\ t � o"� �3.4 � - IIO `125.0 ;ik�P•� � \ `, PLAN 1' t. BC. STA 7� 1 t�{ i � TC/ Gi� Z 7$'\C' r".ih io "� J ,22 t srj. \ `... , 7— �(/ '- r r': ,J k'. t 1 '/zo.7� °00 1 ce a; ° \�� %,� � �q ro 93 12 � 7 1 , • 8, .... ;,,� T � ,8" I I (/�-r /, o ,/,: � _,1-_ i' %. Ik', Q7 • 107 r �\ rob 60 • • h ° �> • _ -� ���`3eJp. 1C• ""rod\'• \�j •, 1 3 1 _t .J-•�6"f,---`�16"1�- �.. //' - -� ,�`1 1 tS � �','.-' '\°'( • o � S � �\ t\'`\S`l ,23.00 \ �4� �O t`',`\'' ,� ;,' 't " -- • ' ,, 14 125.2 JOIN O F D OW N D RAI N TO ,\ • / � r! `,'1. rJ9.? 1,9 -_..' "� 38' / 2223 \O 109 \ +S �;700 SDR 35,.1NLET DETAIL�LJ; <v / RIPARIAf.,`''<ARE�'A `1 ; TC. , 6' 9 =\�- 4 3' , VARIES h e ZZ 2 o _ 4 �' • - �' wt� �,` � SPA,+a4. � � -�^ � , ", .� \ti �Q � 1'i9 �,titi•Q ';;\G So " �:..3' a.` .B' ��rl,`-'� 124.1 �, . =.�\ � o �, �9e ,23�9 r�'\ `. ' 4' � �\\, �:t' �� �o ';'EXISTING V DITCH DETAIL LAND HABITA fix'\' E�12 17 1 N A r • N 93 \ • 5 �. `L 73 h ti , ^ ' Sc >? 207 1 "'" �'.,'•, ' - _ s',, , V . ,,,__---cs - - -- Y� � t . r.1 \\yo rs� � • 0 t25-�-'\'. � \`1' R • 2$•! f TOE'OF 0 - \ \'13 � 1� 3 . f NTS �r"� - ?^%t. < \\. 'C � {1 , •\G TC \\0 \�' • t2" `,\G SEOP e /4 1 O- _ , ...._ _ _ _... -.-' 10 , 3 4 \tio' ^'� 2�5 � � 2l• ,�, - / h - R • �, {' -_ t'`•� .1� -•.... 4¢• ® � < Ir' /' - _ _ PY �7r�rr \ -<{'• � JB9 0 ti -° 1 ./s 1 II --� ro7• 13' TYP) - J evc 8; t2a. ... . � "1"• •/ 1 It ,/• ---- — _--____� t\i< <, \ 1 T S \\ t'o ! \ti ,Z,� .3D, I 171 B �.', f~ ( - • �r- J ��.l ` r'�Jr--...` ,\ 1 �'�__ Zt roe �•+•l� ti • „o"o• cy 32 • r'` `� Q' • ��' / � -I- � � I i � \ \ I` • � AO • � !0 2 r� \y •- � • 1 � i cp 2J4� <v / +' i RIPARIAN ARE s • __�- \tip' ri v 10 \ Sry.� ! y - i f,'' ;.' ,. •'� � � ., ; � r, � r,+ MAINTENANCE \5, \,r J �', / -- • T .0 1 \j �`� J 124.6 � �ry1u '40 Jo a-\�,\ 64'�\ ✓,'' • � 'v BC` B, � ��' , - OP p v`l, 'M1�- S• l2 • I ACCESS POINT I 'F2o.t7.,TW c r , •�, r , ° 3.•1 RID SCOPE '\ ■ � � \ t23.53 �• roe • 1 1 % t,• `; �`' !' 2� taia,� 1 J? I `,., 14 = • 13" J J \ TC yyp��c��,,�..."\ Q e ;.r �� - :' ",/ • \ - ■ /.' �i</ �\ . - I it ,. rn � �``\"`�, � \ � • \ — 37 �— _ • \ �'_�+ 'f9i�Di .- i-'"� `�-, ' t+ `^vj <n / t �._ a I/ "r%'i• 4 "J' � 0 VAli � ''i I / � , ''I y _ . ,I' \ tt+ (" G 4/• ,5p -i s ,ZQ v`ti `o Q r GF- tV i f ',,D , t OP a 5 r \ 73 � - -. ' - \.,4 ,/ r+' ,• 'l /' � � (r� � �.G �' \� \� .t f r �-----•-"- t0 1� �QS• r; g ( � \C1y \ 1T i , '\ ,3 ; y�Lj, ,.�ii t :- � -{ ''\' ,I ,- ,� ! I • �.� % 4? \ ,5 '( ,27 • 2T D5 cs • G6 \`L, � ^� z. 1 I �•�.t3z ' �p �\ ` <. .. -- c r,. r /'' I ! I 121 \' 1 • • • A' " �0 1 r� • 107 • 1 ( _ pz C/ ,....r , L .; � '� -- - -- 42Q'/ AO'��•i '�2. srr ---�. I • t25- _- /�' - ` �^\ moo Y \'t � �N.` -� ` _ • N SLOP 3:1 SLOPE I �` 10 a , r :,•.. _ `. .; I � " 10T _., E X t S C E 1 4 � ; ; ■ -- ''v - -_�, - _ _ � t2o TRANSITION 2:1 SLOPE TRANSITION :., 110 /1 _ , , _ -„ r n I � -- - r -TRACT BOUNDARY ,y _ ... ______� __ _ - T BOUNDARY -_ -- k� _' \ 1-45.5 "TW... ... ., . - TRACT 1 48" RCP PER OFFSITE t^ � 20.5 FG/ / ~ /PRO LI NEG - � ER PERTY ,;-... ,.- v'. NE :- `� _m � ■ � FOR CONSTRUCTION DETAILS FUTURE SO E - RETAINING WALL N0. 5 IMPROVEMENT PLANS S BUILT PER SEPARATE PERMIT - - - - ,- `';,� \` _ --- ' -�-•- -' �`� � �\ , ~-,� ' ' EE STORM DRAIN PLANS PROP TY''Ll s H w � , R EPARAT > fl't r .4� r --.--`__, JAMBOREE � ROAD, - �•-,�.,.,-- t � _ _ ... _ ; :4 _ _ ... .�. , FIELD DENS. ,Y T ENTRY MOUMENT WALLS PER � '' - Q--• r .1 R ry W1H1'� ^' 1 FIE � LANDSCAPE ARCHITECTS • .. PLANS (`\' _.._.._........ _..-.-......_.."_.- . . .. .._ „ _.. _ .. _.. . __ ._.._ - _ .' ..,.. , ... _.._,. -._, . _ - _ L•I R' _...-. _... _..-_.._M.. ..... ......_.., M , _...___. _........, _ ..-....-_._.... _ •�,: .__ .,_. - ._ ',..� \ _ CITY. OFNEWP`R`[' BEAT ... __.;_.-__._...�;, ___.r_-•- -r sc CH;I L'IFORNIA ' I ,, - � �•,., -�`, * <-' , /r � �� ~ c) 7 i i 6 }-,. : ,.: � s , `" ' - -a' , �_ _ - __ L 1 `' ♦ O O � Pro .: 83137 8 It\ Scale_ t'• = 40' Date: S / 2 / 96' I x EnglneepGeooglst: pp/` M CIA u i f reftln B e I 1 / 9. Y tAF _ 1 1 , rw- _.,.._ :'aK•_r..,g.�.....,,...,r„_.,..-.. a�•.rn. ..,-..,... ......�•.�..,•_r�y_ ,_... _.._�.,,.....r..... .........�,..._ .� ...,-. .... .n_,,.,=..,n'.....riw•,', 1J' .% �<; /G '.z a } „ tV• , � T / O ND Sal I���' rrV I" N _.� i,L�h.:..,•nM` - .. ,_, � - .� .. � � .. _ . °m,,.�. f3' _ .. ,�,,,r,i vv a ' .i ... ... _ '•'"• �'O ,�-�,.... - � f.^ '• \ , r r - a_..,•._ � -- .._-...=r ._ ...... .. .., .. .... -r. .___ _ _ i) ., 1. _ .. .. .. .. - .._ .. _ � ._ ._ _ ,,.e 1 1 PLATE.3 r • v,/4WPROXIMATE L�I�FIELDff`[�ENITY TE$��, , PREPARED FOR : , � t SHEET A REVISION REVISION - PREPARED UNDER THE SUPERVISION OF: PREPARED 9Y : ` • t,�- - • • ' oQ�aFEss/Q'� " �; ROUGH GRADING PLAN " NUMBER ,:DA"FE` . N'Tl)4CS APPROVED NI,ivBER DATE IJiTIALS � APPROVED c. rye 51RUC _ MDS CONSUL T/NG „ co No. 20598 'r" ,pRg� DOKk N,,,<n TENTATIVE TRACT NO.:15011 STANDARD: PACIFIC. L.P. .y '� �, m , s �■_ Yt 173 0 Re hill Up. 9-30-97~�v ' 7,4 '251-8821 � Yrc> > 2 d A anus, Suite 350 .( F. , 1 \ I 'n i .51 r nn a 9271a' 'TAX 25 -0 6 5 wtost macs s a a' rnaa 9r26 6 � rthur.blr,,� co me i' z 'LO —149� .r / t mE fo r �+ /�■ it ,r 4 ;',.i.. a. :( 7 _ _ r 1., T ./ `r SA - M NLE1'a C. ORSE R E. NEWPORT' •2o5s6' ' NO 1" r. , c No,,, DA H 1' i^ a^ P N •N N „ % K`. • �' ` I EER N BURN G . ,. , - EYI ^3 . �a er ` a % 1 S r w p t _ l .� :CITY OF:.N x` T EWPOR G; , t C BEACH a + T= `B A ,.. SFEETS. J v M Jr' r , K^ t v' a F y ' 1 ,iY C N 4•, �`• :b , ak e �a' Y *h'•' , t.e h �. ' rry V I . }} W "Y x' X. �� S"' st, . C •v .; + . W 1 • " �i= A.-, Ad}�- 'Fi` ",}'" ..r>x`.: �' ,ii' V 1 q4,.. .A' a h ^Y' _ •'• 'T�sx`.'„ .may'+ yy,, . u Y. � . •,'N'v '�� 'tif•' ^i4 ..'L '. i -S• ? 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A !Y r, r h 'f."v.:, .;fir •5x i'b•". ..k, .'d^:. _ .$ ..fir .t� s "a.Ai .r, .( •r -:- '4 .!. `',Y .'% w * +}, ', r. .d up • .., •. .. d .,.,,,, ,r ^..,.,, .,, ,r , a•+'e•&. .w«. ..,• i' i a� r. r s '� `P . ^a''" ,a," {{.x+ ^a": 'v .. '..Y .r.'Y:x .•, ,_fir ;� 4' - Y _ 1 4 • t�° rr{{ it '4 � fie, dw Mir .{� _ 8 5, H; k)•,', '3. - k' : I, �+y 'i. ' 'd ,. �'�- '-� _, ,p� t S yT_ `•d `.-.i, ' "wi :i'... �,: ,rye T -.. Yrs<;,.' .: "r't Y, t� �-,".', `• ': Y, 't4w.. ',N•`#�'• # ..t.d•' �y t-- •r, i 3> �ra ,," .$' - irr ,�/.jJ A� 'f^':• h r,T .`Ss' '1' '`dr n_ 'i' o i d'- % 't� ,. 4. ': .rD^ `.i .. .. , a , : ,.' .P„' „- ' .. ,. + .,,',. <z .., - .. :c. ./' --+�'. <,- .",yJ VY]< i >,t e »'•, 'r'nW+la �' .,,,- d p". �� � .. y., ai T M14>ER-Z%R -2'g `�k �i-,?F.. fi ,. ,r - r .d �y, .� �k•r. 3 ., r• \ . ,. '"�.. ,'.> Y, s R'• .Yw^a'":�r Sfffi`a�v:' . w, - ... _ `.ha' , >.�3m� '�r+i ,a•.+_•': _ - ,r. „„ :.� ( ,.r, ,s.; a , ., Ya .. ,.. .,.. T„ ,. _ .. _ , - ,. "t+. .,1 �.., '.�� .h•- , ?%�a� s2":""%LR*%'� •s•,ti�S, a�, �' ., . . 's„ r - r a < ,'v>e,, , , ,_ r r . ... .., t . �h _ • : a ,^4 , ,. .`re814.<'w th' -• idk8i�rr�`- yry � ., :, ... ,.. .r _ ,1 �3' x' :b .f •,x N. f ,.. m ..: rc tt 'u'ec; .'.wt .. wf.4, ._.f -.v, v.- 4`..n .,W ^....?.-§'s 'Mv rx.{,'.n,. i,..„., _-«.._,.....-s,:----'---.._<,_.-•,. .-. <,..-,.. _ - -. . r_. _„ .,. .. +r .i. .. f ,.. . d"•nR' .� ... '�, -'� t�Y� � i /Or-cAa�v/Jo BUILDING DEPARTMENT NE"OR TER NORTH Tract 15222 "Z-lot" Homes TO: Standard Pacific Corp.- David Foell Mestre Greve Associates - Fred Greve FROM: Mke Jorgensen - Senior Civil Engineer (714) 644 281 SUBJECT: Promenade at Bridgeporte: Tract 15222 A/C Noise Impact - ARI Standard Computation DATE: May 29, 1996 THE FOLLOWING CLARIFICATIONS HAVE BEEN IDENTIFIED AT THIS TIME. 1. 2. 3. 4. Provide a site / layout plan that clearly locates A/C units (sound source), distance to property line, barriers and points of sound evaluation. Without this "map" the ARI Standard Computations submitted can not be checked against actual site conditions to see how you obtained your distance measurements. Coordinate locations of A/C units with the architect and Standard Pacific. A/C location changes have been proposed since the date of your A/C noise report (2-26-96). For example, recently submitted proposed revisions call for PLAN 1 A/C units to be relocated inside the 5' sideyard adjacent to garage. When coordinated with courtyard fence locations, this will result in the A/C unit being located in the neighbor's courtyard. Who is the manufacturer of A/C unit 'Model 38HDC" ? Provide A/C unit equipment technical data sheets. A/C unit 'Model 38HDC" in the sound report doesn't agree with the cooling equipment shown on the CF-1R energy compliance forms on the plans. CF-1R energy forms and A/C noise calculations must specify the same equipment. Promenade at Bridgeporte: Tract 15222 "Z-1o6" A/C Noise Impact - ABI Standard Computation 5. Provide ARI Standard Calculations. for Noise at ALL APPLICABLE CONDITIONS at: a) outdoor point of evaluation (yards, patios, courtyards) b) to room through open window or door c) to room through closed single glazed window or door d) to room through closed double glazed window or solid wall The distance to each of these cases will be different. \O C,n 23.3 INV YP DOWNDRAIN f sIJ �124.1 TG'' \ 2 123.5 INV 23.3 iL �TYP DOWNDRAIN r 13 tik/ 2R &^w t24 TYP �A 2 t 23.9' INV TYP DO"DRA 125.3 A %% TYP / HP O �? t25 \0 2'1+� P 23.10 fL �2✓ !rr S2r '``P " d' uN ! C 24.5 TG 123.6 FL 2 � - 01 ?Ays tik i 25.3 R c 2 _�.. 24.5 T�• 125.2 1 123.45 FL FL •� J % LAIN FS _ 123.4 FL 3 Q 1"25 BUILDING DEPARTMENT CITY OF NEWPORT REACH, CA. THESE PLANS DOES NOT CONSTITUTE EX TION. IF NECESSARY T.' L3 'P.; %;fd INE 03DIN U5. ra.•I5 Anu ruuwc OF THE CITY OF NE'-CFT %:::C" APPUCANTS ACANRTiEc.,l DEPAATYENT a•••Ai•1^T DATE Posvlt` brand tax transmittal memo r{ Fre,n Co Dept. Phone e Full Fat February 26, 1996 Report it 96.33 tier, V vier huidcet a Proleamsaster O Ae,L PtQjtCL We[u p Jrad office O A�nep,in{ •u;ecr Fiin • (^:rn Pita Mr. David Foell Standard Pacific 1565 west MacArthur Blvd. Cosui Mess, CA 62626 Subject: Air Conditioner Noise Impacts for Newporter North. D-arDavid This letter addresses the potential noise ire acts from the air conditioner, Model 38HDC, on the adjacent mi&nees. The ARI Standard 275-84 methodology will be used to dctamine the potential air conditioner noise levels at the adjacent residences. Noise impacts on adjacent residences will then be compared to the City of Newport Beach Noise Ordinance. The noise ordinance standards specified for new HVAC equipment are stated as follow: New permits for beating, venting and air conditioning (HVAC) equipment in or adjacent to residential area shall be issued only where installations can be shown by computation, based on sound rating of the proposed equipment, not to exceed an A -weighted Sound Pressure of 50 dBA or not to exceed an A -weighted Sound Pressure Level of SS dBA and be installed with a timing device that will deactivate the equipment during the hours of 10:00 p.m. to 7:00 am. The method of computation used shall be that specified in "Standard Application of Sound Rated OutdoorUnitaty Equipment;" Standard 273, Air-conditioning and Refrigeration Institute, 1984 or latest revision thicre The air conditioner Model 38HDC, which has a noise rating of 7.2, was used in the noise analysis. The noise analysis includes the noise reductions provided by the proposed 6 foot perimeter block walk enclosing each of the lots. These perimeter block walls serve to separate the adjacent residences from the air conditioners, and therefore, act as noise barriers. Since the Proposed airconditioners am to be locoed in the side yards, the distances from the air conditioners block walls located in between the noise sources and the rec for locations. Also, a 5 foot server was placed 5 feet e. on scen sano, results show that the air conditioner noise levels in lots in the project will be in compliance with the noise standard of SS dBA at the nearest adjacent property lines. The air conditioner noise levels will be below the SS dBA noise standard, by approximately 1.9 dBA for the worst case situation and 5 dBA for the best case situation. In order for the au conditioners to comply with the SS dBA 2a0 Newport Canter Drive. Suite 230 • Newport neuh. CA 92880 • (!ts) 760-0891 - Fax (7%) 780-1928 n da noise itandatd, a dmingdevice to deactivate the egwpm�tduring the hours of 10 p.m. to 9 will need to be iastalied, as :baud in the City of Ne�rport Beach noise ordinance. 'lie cilculuion dabs is shown in the attached shear to this iew- If you have any its or gmtions, please do not hesitate to call. Sineaely. M_2 esttm Greve Associates 'T r " Fred Greve, PY. ' ARI STANDARD 275 ^ 1�nON WSliiViS ^ NOISE Am COKDPI70NiNo AND �FK STANDARD rorAPPLICA• IoN OF soUND RATED OUTDOOR EQ Po ✓, PRO]F.CT. NowpmaHonk(C15222)Air Coodidmiu)Nolte s�eYG/[�5 LOCwwA�1�7co��N.. Newport Bya�eStwadard?lci'b_vvy yyiw zG /0 gn o fi/G U n--� , �/ B+vrw�r� DATE: 2lJ,2A16 .Witlst.t-iw�2- petAtrse n�paeaaooimta0 gNrm FA VAUMS CAtLU1AT® VAIIICS WCRSTCASELOGTCNNSIDEYAFiO SaM)t+tl id[hlt�aY 7^^.2 72Aa PLAT( 7 a.TAa}o�tAeGar eidie iGA.1.2)•AM2L `JZ eo-sda DMVAtIrEtn >teYrihaD(IfrreAQ--Tl .li•D)•hp� 3.1 •7.00 L1. 4.5 L2. 6.0 .gG 2asaraahatt(Aa aq•R,las O a4a 0. 6.5 y-!� Drex+7'AmUeateRAmwrtsFad RS • lad d • assumed a a bat wa0 brwwn now. aowo► And Malrw C,tla9ra A,Fd& asa.slsa) 31s4 NOM917AVDARD Ssa item= rMaRy V a r1J1'at>'D VAMES CAINLATED VAUMS � .fF"rj sma31sksofDdt") 73 72.00 PLAN Aa)emtma,w(0.L3)•Arps2e0 rdrhrr Mar � `, eo.2.0a ENTER VAU,ESn j0 )aeMpv6jXdwu rd.-LI-L2•D1•Apa aS •4.0a L7- 5.0 L2. 6.0 smaatem YatAtr(y e�4q•1'etal G •aoab D. to.$ D{aAawAamUimiixtlwL la3 •17.9a ' assumed a a bd wall between melee *our= ud Moetret EtlmurdMFaltOm/sPL(33®) $Jda ssu 4�QmTS leaa)1 1!a sm"Ratletoru*O)eb 13 72.0a PLANS 1GpuvtswKM oil" I&(a. 42)- NM Its 1 .Ida ENTER VAU"Fn 8udrr.bD%mw(L-u+u•D)•?W4 9.7 •ssa L7. 7.8 L2. 2.4 >m..rwr.eraaav_i+aas G •aoaa o. a.s Drug ptomliltmFLxdvr4PeK !! •37da • Mw1 AMMO ens MeeFY &amad A•Ft(p3Md�L(23dB) suds N0US grANDAIM Stag ttt=73 rrr. BY 13a SoulkFahfiuer a Apawarevileuionootdows b. roam tbma)b open wiosow(Q at open doo(s) e- MM 0vo.ah lord wnsle alra wiadow(e1 oraw G/ , All d (O m m gsOelk dowd double SINN Wfadow(s) ofWW wd1 �rf "/��/ AC NOISE 4W*r J(Dall AIR CONDMONLNCANT) P %;xvAITONtNi'171STPR STANDARD for AMICAMN W SUM RATM OUTDOOR EQUIPMENT PROJEM. Nawpo=Nmb(TIS=AzrCondttloa*Nam LOCATION. Nc-, RewA CLMRrI StadadhasHama DAIS: 242M 1N IMM CALCULATED 06v4%.mr ddxamsQ ta(A*"%vf eawkhla IVAl,l)•Ap aaltwlahDHfwnoa Q..Ld . LS-D)- 6aodlm4ra (444d)- goad IAdat dUak P d 6NA4wcawldtla tar A 1.2)-P" 2 tadwPADkfataoa a..LI •IS-D)-14 a W"a lma lhaw c4 aY 4 A - IY Dl .—IlkamAokbasdRia 7.1 =dff 1 .Udl u -4.ta • -OAdD Im la]a uAa u ds Paartsy I/a ftuasy 7)aa • 1012 -d.0da -wa .2Iad8 Spa a SSa ssa BW CASE L=TlCN H SDEYARD PLAN 2 DMvNAjmn Li- 2.3 L2. 2.6 D. 19.3 • a umed a 6 Toot watt bal wwn nolaa aourm and roaotw PLAN 2 DYER VALUES (M 1.1. 10.4 LZ. 6.1 a 1s.o • aautwd a 6 Tool wd bo~ flea aau.aa a w ranhrw Soah pub taaw.. a 10 a po(otof cvAhLwko mldooa ►. so roan dmouth open VvA*w(a) cropm dom(a) e. to mom dmnth Amadamtk plea window(a) or door d. to mom thtoutb clad double {let wiodow(a) o mlLd waU ARI STANDARD 27S AIRCONDMON)NGAND RR"IGERATIONIMMIX STANDARD Im AITUCAMON OF SOUND RATED OUIDOOREQUPMENr PROJECT: NerpataNmdCrIS222)A1rCondlttas)ngNoin L0CKIIG)I: Nswpatgm* MM.NT StmdWPscMcHames DAZE: 2MM NG UNIT 1 perd"la) n+fnm CAIAMAATW psdW"%-pathdusmap smex.uaaa,x(l t d A4WWfuda.lwlmta fb 141.2) • hVS2 Ilydrh&V fam(L-Ll • 12•D)-h sosehohra (tiAr.d)-h Dldse Aom Udt m ltaodrar k n 72.00 t .a.o• is -6.1dt a •040 133 .1"da Oro dt sea PLAY 1 et161 VAl)lEgn Li. 5.1 12. 9.0 D. 13.3 Arstinsi F...,, d00 I Saul pub laaor. a. to s paotorarakatlon ouWam A to mot though open wmdDW(t) or open doa(s) o. to moo tfsasgh dosed a11119 &M wilator(e) Of door d. b moo lhiwgh deed double g1+a triodow(�) orsolidwall WOPMCJISELOGTIDN 94610EYAFD • assumed • 6 bd WIfMween notes swa atd moot I AM UNR 2 ptlingatralw) Rtm69 CA119AA1m VAUM VALM 74 71A d8 as -4tdt a DAd6 143 •2Q7dt 0.343 ss" r~jtr J10 AC Na-!lwpAaf�rymut.tnU) MAN em VALt1Es (M LI. 6.1 L2. 10.0 D. 14.5 Totsf Co n kwctl 5E3 d)1 (2 " unts) 09-28-95 02:58PM FROM STANDARD PACIFIC TO 6443318 P002/011 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS 300 NORTH LOS ANGELES STREET LOS ANGELES, CALIFORNIA 90012 EPLY TO ATTENTION OF Office of the Chief Regulatory Branch The Irvine Company c/o John M. Tettemer RT Associates Attn: Elisha Back 3151 Airway Avenue, Suite Q-1 Costa Mesa, California 92626 Gentlemen: August 24, 1995 This is in reply to your letter (No. 95-00189-Di1) dated December 27, 1994, concerning our permit authority under Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) over your proposal to discharge fill into not more than 0.25 acres of an unnamed tributary to Upper Newport Bay located southwest of the intersection of San Joaquin Hills Drive and Jamboree Road in the City of Newport Beach, Orange County, California. The purpose of the fill is to construct road access between two portions of the Newporter North land development project. Regulations for our permit program, published in the Federal Register, include Part 330 - Nationwide Pernuts (see the enclosure). The Corps of engineers has determined that your proposed activity complies with the terms and conditions of the nationwide permit at 33 CFF Part 330, Appendix A(B)(26) for discharges of dredged or fill material into headwaters and isolated waters of the United States, including wetlands, that are part of a single and complete project which would cause the loss or substantial adverse modification of less than one acre of such waters. For the purposes of this nationwide permit, the acreage of loss of waters of the U.S. includes the filled area plus waters of the U.S. that are adversely affected by flooding, excavation ur drainage as a result of the project. As long as you comply with the nationwide permit conditions described in Part 330, Appendix A(C) and the attached special conditions, an individual permit is not required, This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued, revoked, or expires before that time. Presently, all nationwide permits are scheduled to expire on January 21, 1997. It is incumbent upon you to remain informed of changes to the nationwide permits program. A nationwide permit does not grant any property rights or exclusive privileges, Also, it does not authorize any injury to the property or rights of others or authorize interference 09-28-95 02:58PM FROM STANDARD PACIFIC TO 6443318 P003/011 R � � -2- with any existing or proposed Federal project, Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Bruce Henderson of my staff at (213) 894-0351. SincerelydDj" ON Mark Durham Chief, South Coast Section Regulatory Branch Enclosure 09-28-95 02:58PM FROM STANDARD PACIFIC TO 6443318 P004/011 M -3- SPECIAL CONDITIONS FOR 95-00189-BH 1. The permittee shall mitigate for impacts to approximately 0.24 acres of wetland habitat onsite by creation of 0.96 acres of wetland onsite. A copy of the Habitat and Mitigation Monitoring flan for the Newporter North Development prepared by John M. Tettemer & Associates, dated May 1995, shall be sent to the Corps prior to impacts to the onsite wetland habitat. 2. The permittee shall send one copy of the annual mitigation reports prepared pursuant to the Habitat and Mitigation Monitoring Plan for the Newporter North Development picp<<red by John M. Tettemer & Associates, dated May 1995, to the Corps within 30 days of the date the report is completed. TO: FROM: SUBJECT: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT November 1, 1996 Building Department Public Works Department Tract No. 15222 Newporter North The Utilities Division has inspected the public water and sewer facilities. Occupancy can be released for Lots 12 through 25. Richard L. Hoff Development Eng CC: Mike Sinacori, Utilties Endineer Ed Burt, Utilities Pete Antista, Utilities "to STANDARD PACIFIC OF ORANGE COUNTY October 4, 1995 Mr. Ray Schuller Building Director City of Newport Beach Newport Beach, California 92658-8915 RE: Newporter North Rough Grading Plan Approval Dear Mr. Schuller: As Standard Pacific's Project Manager for Newporter North, I wanted to advise you as to my understanding of the status of the rough grading plan, currently in plan check. Mr. Rick Higley, the grading/geotechnical consultant for the City has completed his second plan check review and has requested only minor corrections. Our civil engineering consultant believes a grading permit could be issued as early as the end of September, assuming we can satisfy all applicable City and Coastal Development permit Conditions of Approval. Additionally, Bernard Maniscalco of Irvine Coastal Community Builders has informed me that Don Webb, the City's Director of Public Works has agreed to issue the rough grading permit prior to the development of an agreement between The Irvine Company and the City for dedication of open space including the slopes. above San Joaquin Hills Road. Finally, Standard Pacific has selected NMG Geotechnical Inc. from the City's list of approved consultants as the third party monitor, to satisfy Mitigation Measure 3 listed in the conditions of approval for Tentative Tract 15011. Standard Pacific looks forward to working closely with the City staff on this exciting project Sincerely, David S. Foell Project Manager DSF/Ih 1565 West MacArthur Boulevard Costa Mesa, California 92626, 7141668.4300 N MDS CONSULTING PLANNERS . ENg1NEPRS " SURVEYORS 17320 Redhill Ayenue, Suite 350 ' .' (714) 261-8821 Irylno, CA 92714 FAX 261-0516 September20, 1995 Mr. Rick Higley THE CITY OF NEWPORT BEACH Building and Safety Department 3300 Newport Boulevard ' Newport Beach, CA 92659 ROUGH GRADING PLAN CHECK FOR TENTATIVE TRACT NO. 15011 "RESPONSE TO COMMENT" REGARDING CONDITIONS OF APPROVAL AND MITIGATION MONITORING PROGRAM SUMMARY CIRCULATION AND ' OPEN SPACE AGREEMENT Dear Rick: Per our conversation today I am itemizing our actions fo those above referenced "Conditions of approval" and "mitigation" measures for your review and assistance in approving the rough grading plan. The following - responses shall demonstrate compliance to the above requirements: RESPONSE MITIGATION NO. MEASURE NO. RESPONSE ✓ ? 1: 4. A note was added to the.rough grading plans, General Note No. 1 on sheet 1 of 7 2. 5. ✓ A note was added to the rough grading plan, General Note No. 2 on sheet 1 of 7. 3.. 6. ✓ A note was added to the rough grading plan, General Note No. 3 on sheet 1 of 7. 4. 1.12. ✓ Noise report has been completed by Mestre Greve Associates 7/12195 and has been submitted to the City's advance planning manager for approval. 5• 15, 1✓ The Irvine Company has obtained the property permit from the California Department of Fish and Game, and has submitted it to the City of Newport Beach planning department. 6, • 16. The- Irvine Company has performed the proper wetland delineation studies in accordance and conjunction with the California. Department of Fish and Game and the U.S. Army Corps of Engineers permitting process and has submitted proof of such to the planning department. 7, 18: ✓ A note was added to the Rough Grading plan, General Note no. 4 on Sheet 1 of 7. a. 21. A wetland mitigation plan has been created and submitted to the City Newport Beach, along with appropriate corresponding permits, 9. 23. ✓ Temporary fencing has been added as part of the rough grading plan, on sheet 4 of,7. ' MDS 'STANLEY C. MORSE GARY DOKICH SKIP SCHULTZ 10, 25. A note has been added to the rough,grading plans General Note No., 5 on Sheet 1 of•7.• 11. 83. A revegetation plan and report has been completed by'L,S,A. &' Associates, and has been submitted to the planning department. 12. 84. ✓ The Irvine Company has contributed $10,000 to complete an Upper Newport Bay Coyote monitoring study. The study has been completed and, forwarded to the City of Newport Beach. 28. pjc.V_ N• -This, mitigation measure is addressed within the soils report by Leighton & Associates Titled "Geotechnical review of rough grading plan, Tentative Tract 15p11, Newporter North Property, City of • Newport Beach, California" dated'August 9, 1995 in sections 2.9; 3.2 and appendix B. 14. 29, RtvA(_N • This mitigation measure is addressed within the soils report by Leighton & Associates Titled "Geotechnical review of rough grading plan, Tentative Tract 15011, Newporter North Property, City of Newport Beach, California" dated August 9, 1995, in section 2.5. 15. 30. (t I This mitigation measure is not applicable as this site has not been identified as having potential for liquefaction. /., 16,' 31, r/. : • Ah erosion control plan has been prepared to address this mitigation • •: •.• ,; • • " measure and is shown on -Sheet 3, of the rough grading plan set. 17. • 32. V/ Notes'on the plans address this mitigation measure specifically; grading fills/cuts note No.'s 2, 3, 4, 5, 6; 8, 12 & 15 and Erosion Control Note No. 4. ' 18. ' 33.ti/ . • The provisions for this:mitigatiowmeasure have'been incorporated - into the rough grading plan. =19. 34. A planting and watering plan has been submitted to the City to address,this mitigation measure. • 20. 36: R roK N, This, Mitigation measure is addressed within the soils report by Leighton and Associates titled "Geotechnical review of rough grading plan, Tentative Tract 15011, Newporter North Property City of Newport Beach, •California" dated August 9,1995 in sections 1, 2, and 3 appendices C, D, & E. 21, 37. JGtcu- - 'This mitigation measure is addressed within the sails report by Leighton and Associates titled Geotechnical review of rough grading plan; Tentative Tract 15011, Newporter North Property, City of ' Newport Beach, California dated August 9, 1995 in sections $.2, 3.9, appendix B and plates 1, 2; and 3., It is also addressed'in Leighton and associates Soils Report titled "Molecular Wall and Reinforced Slope Design, Tentative -Tract 15011, Newporter North Property City of Newport Beach, California" dated August 21, 1995 within' plates 1 " through 4. 22. 38. •Iftiv- C_ R- 'This mitigation measure is addressed within the soils report by Leighton and Associates titled "Geotechnical review of rough grading plan, Tentative Tract 15011, Newporter North Property, City of - Newport Beach, California" dated August 9, 1995 in sections 2.9, 3.2 and appendix E. . • 23. 41. This -mitigation measure is addressed within the soils report by Leighton and Associates titled "Geotechnical review of rough grading plan, Tentative Tract 15011, Newporter North Property, City of Newport Beach, California" dated August 9, 1995 in table 3. 24. ; 43. RL 614-•H. This mitigation measure is addressed within the soils report by Leighton and Associates titled "Geotechnical review of rough,grading plan, Tentative Tract 15011, Newporter North Property, City of Newport Beach, California" dated August 9, 1995 in sections 2.7, 2.7.1, •1,1, 3.5, 3.6; "3.7, appendix D, F, and G and figure 3, Temporary dewatering during construction (if needed) is not -anticipated to create a subsidence potential on.adjacent properties. General Note regardidg•responses to -mitigation measures 28, 29, 30, 36,.37, 38, 41, and 43. Given sections numbers are for reviewer Gorivenience only'and relevant information may be contained in other sections as . Well. Leighton and Associates reports must be evaluated in their entirety. 25. 44. V�• The project site will have an on -site "Balanced" earthwork operation, therefore,haul'route plans will not be•necessary. , ' 26. 45. 't/ A note has been added to the plan, General Note. No. 6 A, B, C, & D on sheet 1 of 7 of the rough grading plan, - 27. '46. ✓ An erosion control plan has, been prepared to address this mitigation measure and is shown on Sheet 3 of 7 of the rough grading plan. 28. , . • ' 47. ✓:; This mitigation measure is similar to condition of approval No. 19 from the City Council Meeting on 1/1/95 which conditions the applicant to•obtain access.off.the San Joaquin Hills Road with 100 ifeet of asphalt and 100 feet of aggregate. Provisions for this condition•have been shown on Sheet 4,of 7 of the rough grading plan. 28: , 48.✓ , A filter berm is shown on Sheet 4 of 7 of the rough grading plan. 30. 49. ✓ Sediment•basins have been'.provided for on the Erosion Control Plans, which is Sheet 3 of 7 of the rough grading plan. 31:,',' ,; 74: V/' % A storm water pollution prevention plan has been prepared to address mitigation measure and is included with'this letter to assist in processing the rough grading plan permit. 321 ` 50. #lli/',% Ali water, sewer and storm drain facilities have been shown on, the Pjyt tentative tract and preliminary utility plan (sheet 4 of 20 of the site ?_ plan package) and has been previously reviewed and approved by ' City Staff. Also a preliminary drainage report prepared by Vandell and Associates dated. September 1994 has been reviewed, by City Staff., ' 33, .. 51. ✓,AThe Irvine Company has completed this work and a.report " : • ' has been submitted to The Planning ()apartment. • 34..,' S3.✓., The -Irvine Company has secured the Coastal Development permit and proof of;such has been submitted to The Planning Department. 35:, 58, 59, 60 & 61✓ 'The IrvineCompany hascompleted the studies.and reports necessary and proof 0f such has been submitted•to The Planning Department: .. - 36. , 67,.68, 69, 70 ✓- The •Irvine Company has addressed these mitigation measures and proof of such has has been submitted to the planning department. 72, 73 ✓ Sewer and water systems are shown on the tentative tract map and the preliminary utility plan (sheet 4 of.20 of the site plan, package) and have been previously reviewed and conceptually approved by City Staff.. •' O CITY COUNCIL PUBLIC HEARING Yr REFERENCE NO.RESPONSE NO: Mitigation -No. / 38. 4. V' . :. ..- • , „: A note has been added to the plans., General, Note No.;7"on'Sh'eet1 ' t of 7 of the rough grading plan. Mitigation N9' 39. 7. ✓ A maintenance manual for•Basin No. 2 has been prepared and ?,, submitted to The Planning Department. Mitigation No. 40. 8. ✓ Verification of this consultation• and adherence to'thei'NCCP guidelines has been submitted to The Planning.Department.". Mitigation No. ✓ ' •- 41. 9. A note has been added to the- rough grading plan, General Note 8 on •Sheet 1 of 7. Mitigation No., ' 42. 10. Snow fending and silt fencing installation notes•have'been added to the rough grading plan on sheet 4, 5, and 6. Mitigation No. 43. 11 ✓ ' ' ; A conceptualrestofation/revegetatiori plan has been designed,' and submitted to The Planning Depa, tment. Mitigation No. 44. 14. The trail has been designed to -minimize Impacts to the Wetlands and Is shown on Sheet 4 of Tof the rough grading plan. Condition No. 45. 2. We are currently working with Public Works Department to obtain Surety/Bonding requirements for the public improvements. ' Condition No. 46. 12. & 13. This trail, plan will be processed separately from'the tract grading ' plans. Condition No. ' 47. 14. The bluff top open space area has been designed to drain water away from the bluff top, see the rough grading plan. • , Condition No. 48, 19. ✓ , These access, road requirements are shown, on'Sheet 4'of 7 of the rough'grading plan: Condition No. ; ., ,'.'•;:•,''•:..: • 49. 25. ✓ prdjects sewer facilities have be'erp"reviewed by Chuck Windsor ,This at The Orange County's sanitation districf and=has foUnd,thaf adequate sewer facilities will be -available. ;;, ,• " ; Condition,No 50. " 31. p✓ The rdLgh,grading, plan -shows the 26.6 degree setback line.'+'. ?" Thank you for reviow of this letter and'tha rough grading plan. Please' call 'sho61d;yod haV6' questib s or, concerns regarding any outstanding issues: Sincerely, • !.:: r.:•. r. Trev �odson P . ' .°i,` ,•.f• • - •; .. ', '. ',: Project Manager cc: Marc Meyers @ Planhl'ng Department' , ',•.' `'' `t7' ', • " ; Dick Hoffstadt'@ Public Works Department David Foell Pacific " ' ' ;,' ;;' '.•;'o„Y, @'Standard - ,• . i ''' ' G932514MCOMESPONS:DOC , •Y - jJ,;{;; '., :,`"',•n_,t''�sr; Y,�„'�:rY r',; gr a• •', F:. ''t'.'],t"i �(P. .'t}t t'•`o':i .i.''�''�t;'li+�'Ia:�taV :'I�`, 1' 'fit' .ir. (ii,. ,:,,: •: i1�. , ��! ,thV nr. ,4 SEP-22--95 FRI Y3:02 Mns iCONSULTING P.02 MDs CONSULT/NG PLANNERS " ENGINEERS • SURVEYORS •�--- 17320 Redhlll Avenue, Suite 350 17141261-ae21 Irvindi, CA 92714 FAX 261.0510 September20, 1995 Mr. Rick Higley THE CITY OF NEWPORT BEACH Building and Safety Department 3300 Newport Boulevard Newport Beach, CA 92669 ROUGH GRADING PLAN CHECK FOR TENTATIVE TRACT NO.15011 "RESPONSE TO COMMENT" REGARDING CONDITIONS OF APPROVAL AND MITIGATION MONITORING PROGRAM SUMMARY CIRCULATION AND OPEN SPACE AGREEMENT Dear Rick: Per our conversation today I am itemizing our actions to those above referenced "Conditions of approval" and "mitigation" measures for your review and assistance in approving the rough grading plan. The following responses shall demonstrate compliance to the above requirements: RESPONSE MITIGATION NO. MEASURE NO, RESPONSE 1. 4. A note was added to the rough grading plans, General Note No. 1 on sheet 1 of 7 2. 5. A note was added to the rough grading plan, General Note No. 2 on sheet 1 of 7. 3. 6. A note was added to the rough grading plan, General Note No. 3 on sheet 1 of 7. 4. 7. Noise report has been completed by Mestre Greve Associates 7/12(95 and has been submitted to the City's advance planning mAnager for approval. 5. 15. The Irvine Company has obtained the property permlt from the California Department of Fish and Game, and has submitted It to the City of Newport Beach planning department. 6. 16. The Irvine Company has performed the proper wetland delineation studies in accordance and conjunction with the California Department of Fish and Game and the U.S. Army Corps of Engineers permitting process and has submitted proof of such to the planning department. 7. 16. A note was added to the Rough Grading plan, General Note no. 4 on Sheet 1 of 7. 8. 21, A wetland mitigation plan has been created and submitted to the City Newport Beach, along with appropriate corresponding permits. 9. 23. Temporary fencing has been added as part of the rough grading plan, on sheet 4 of 7. STANLEY C. MORSE GARY OOKICH SKIP SCHULTZ 09-22-95 02:03PM P002 #14 SEP-ZM-95 FR I Y 3 : 03 MDS CONSULTING .:r✓ P.O3 10. 25. A note has been added to the rough grading plans, General Note No. 5 on Sheet 1 of 7. 11, 83. A revegetation plan and report has been completed by L.S.A. & Associates, and has been submitted to the planning department. c--1Z"7 " 84. �1 The Irvine Company has contributed $10,000 to Complete an Upper Newport Bay Coyote monitoring study. The study has been completed and forwarded to the City of Newport Beach. 13. 28. This mitigation measure is addressed within the soils report by Leighton & Associates Titled "Geotechnlcal review of rough grading plan, Tentative Tract 18011, Newporter North Property, City of Newport Beach, California" dated August 9, 1995 in sections 2.9, 3.2 and appendix E. 14. 29. This mitigation measure is addressed within the soils report by Leighton & Associates Titled "Geotechnlcal review of rough grading plan, Tentative Tract 15011, Newporter North Properly, City of Newport Beach, California" dated August 9, 1996, In section 2.5, 15. 30. This mitigation measure is not applicable as this site has not been identified as having potential for liquefaction. 16. 31. An erosion control plan has been prepared to address this mitigation measure and is shown on Sheet 3 of the rough grading plan set. 17. 32. Notes on the plans address this mitigation measure, specifically; grading tillstcuts note No.'s 2, 3, 4, 5, 6, 8,12 & 15 and Erosion Control Note No. 4. 18. 33. The provisions for this mitigation measure have been Incorporated into the rough grading plan. C19: — 34. '-- J A planting and watering plan has been submitted to the City to address this mitigation measure. 20. 36. This Mitigation measure is addressed within the soils report by Leighton and Associates titled "Geotechnlcal review of rough grading plan, Tentative Tract 16011, Newporter North Property City of Newport Beach, California" dated August 9, 1995 in sections 1, 2, and 3 appendices C, D, & E. 21. 37, This mitigation measure is addressed within the soils report by Leighton and Associates titled Geotechnlcal review of rough grading plan, Tentative Tract 15011, Newporter North Property, City of Newport Beach, California dated August 9, 1995 in sections 3.2, 3.9, appendix B and plates 1, 2, and 3. It Is also addressed in Leighton and associates Soils Report titled "Molecular Wail and Reinforced Slope design, Tentative Tract 15011, Nowporter North Property City of Newport Beach, Califomia" dated August 21, 1995 within plates 1 through 4_ 22. 36. This mitigation measure is addressed within the soils report by Leighton and Associates titled "Geotechnlcal review of rough grading plan, Tentative Tract 16011, Newporter North Property, City of Newport Beach, California" dated August 9, 1996 in sections 2.9, 3.2 and appendix E. 23. 41. This mitigation measure is addressed within the soils report by Leighton and Associates titled "Geotechnlcal review of rough grading plan, Tentative Tract 15011, Newporter North Property, City of Newport Beach, California" dated August 9,1095 in table 3. 09-22-95 02:03PM P003 #14 SEP-22-95 FRI 13:93 MDS COdNSULTING aS! 24. 43. This mitigation measure is addressed within the soils report by Leighton and Associates titled "Geotechnical review of rough grading plan, Tentative Tract 15911, Newporter North Property, City of Newport Beach, California" dated August 9,1995 in sections 2.7, 2.7.1, 1,1, 3.5, 3.6, 3.7. appendix D, F, and G and figure 3. Temporary dewatering during construction (if needed) is not anticipated to create a subsidence potential on adjacent properties. General Note regarding responses to mitigation measures 28, 29, 30, 36, 37, 38, 41, and 43. Given sections numbers are for reviewer convenience only and relevant information may be contained in other sections as well. Leighton and Associates reports must be evaluated in their entirety. 25. 44, The project site will have an Qn-lifts Balanced" earthwork operation, therefore haul route plans will not be necessary. 26. 45. A -note has been added to the plan, General Note. No. 6 A, B. C. & D on sheet 1 of 7 of the rough grading plan. 27. 46. An erosion control plan has been prepared to address this mitigation measure and is shown on Sheet 3 of 7 of the rough grading plan. 28. 47. This mitigation measure Is similar to condition of approval No.19 from the City Council Meeting on 1/1/95 which conditions the applicant to obtain access off the Son Joaquin Hills Road with 100 feet of asphalt and 100 feet of aggregate. Provisions for this condition have been shown on Sheet 4 of 7 of the rough grading plan. 29. 48, A filter berm is shown on Sheet 4 of 7 of the rough grading plan. 30. 49. Sediment basins have been provided for on the Erosion Control Plans, which is Sheet 3 of 7 of the rough grading plan. 31. 74, A storm water pollution prevention plan has been prepared to address mitigation measure and Is included with this letter to assist In processing the rough grading plan permit. 32, so. All water, sewer and storm drain facilities have been shown on the tentative tract and preliminary utility plan (sheet 4 of 20 of the site plan package) and has been previously reviewed and approved by City Staff. Also a preliminary drainage report prepared by Vandell and Associates dated September 1994 has been reviewed by City Staff. 33. 51. The Irvine Company has completed this work and a report has been submitted to The Planning Department, 34. 53. The Irvine Company has secured the Coastal Development permit and proof of such has been submitted to The Planning Department. 35. 58, 69, 60 & 61 The Irvine Company has completed the studies and reports necessary and proof of such has been submitted to The Planning Department. 36. 67. 68, 69, 70 The Irvine Company has addressed these mitigation measures and proof of such has has been submitted to the planning department, 37. 72, 73 Sewer and water systems are shown on the tentative tract map and the preliminary utility plan (sheet 4 of 20 of the site plan package) and have been previously reviewed and conceptually approved by City Staff_ , 09-22-95 02:03PM P004 #14 P _ OS CITY COUNCIL PUBLIC HEARING REFERENCE NOMESPONSE No. Mitigation no. 4. 32. A note has been added to the plans. General Note No, 7 on Sheet 1 of 7 of the rough grading plan. Mitigation no. 7. 33. A maintenance manual for Basin No. 2 has been prepared and submitted to The Planning Department. Mitigation no. 8. 34. Verification of this consultation and adherence to the NCCP guidelines has been sdbMilted to The Planning Department, Mitigation no. 9, 35. A note has been added to the rough grading plan, General Note 8 on Sheet 1 of 7. Mitigation no, 10, 38. Snow fencing and silt fencing installation notes have been added to the rough grading pion on sheet 4, 5, and 6, Mitigation no, 13, 37. A conceptual restorationfrevegetation plan has been designed, and submitted to The Planning Department. Mitigation no, 14. 38, The trail has been designed to minimize impacts to the Wetlands and Is shown on Sheet 4 of 7 of the rough grading plan. Condition no, 2. 39. We are currently working with Public Works Department to obtain condition no. surety/Bonding requirements for the public Improvements. 12 & 13. 4o. This trail plan will be processed separately from the tract grading plans. Condition no. 14. 41. The bluff top open space area has been designed to drain water Condition no. away from the bluff top, see the rough grading plan, 19. 42. These access road requirements are shown on Sheet 4 of 7 of the Condition no. rough grading plan, 25, 43 This projects sewer facilities have been reviewed by Chuck Windsor at The Orange County's sanitation district and has found that adequate sewer facilities will be available. Condition no, 31. 44 The rough grading plan shows the 26.6 degree setback line. Thank you for review of this letter and the rough grading plan. Please call should you have questions or concerns regarding any outstanding issues. Sincerely, Trevor Dodson, RE, ProJect Manager TD:Jn cc: Mark Meyer C Planning Department Dick Hoffstadt @ Public Works Department David Foell @ Standard Pacific MUM40100MROPONS,130C 09-22-95 02:03PM P005 #14 STANDARD PACIFIC OF ORANGE COUNTY December 5, 1995 Mr. Dick Hoffstadt Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663-3884 RE: Improvement Bonds for Newporter North Dear Dick: Pursuant to your request, Standard Pacific agrees to bond for infrastructure improvements within the various tracts that make up its Newporter North development prior to the issuance of precise grading permits for said tracts. Please issue the rough grading permit. Sincerely, STANDARD PACIFIC OF OGE COUNTY, a division of Standard Pacift C rp. David S. Foell Project Manager DSF/Ih 1565 West MacArOrur Boulevard Costa Mesa, California 92626, 714/668-4300 STANDARD PACIFIC OF ORANGE COUNTY October 5, 1995 Mr. Marc Meyers Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 NON VESTING LETTER FOR ROUGH GRADING PERMIT ON TENTATIVE TRACT MAP 15011 Dear Marc: Standard Pacific of Orange County understands that in order for the City of Newport Beach to issue a rough grading permit for the above referenced project that it waive it's right to pull building permits on this project until such time that a final map is recorded. However, it is also our understanding the model building permits may be obtained prior to the recordation of the final map with the Planning Department and Public Works Departments approval. Sincerely, David S. Foell Project Manager cc: Dick Hoffstadt, Public Works 1565 West MacArthur Boulevard Costa Mesa, California 92626, 714/668.4300 STANDARD PACIFIC OF ORANGE COUNTY May 3, 1996 Mr. Marc Myers Planning Dept. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Archeological Report for Newporter North PC # 1135-95 and 15-96 Dear Mr. Myers: Per your request, I checked the status of our final archeological report for the excavation of our Newporter North property. Macko Engineering has substantially completed their field work, but has not entered into their 90 day clock to provide the final report. Macko confirmed with me their intent to provide the final report when the field work has been completed. I will ensure that the City receives Macko's report when it is available. Please let me know if you have any questions or comments. Sincerely, Peggy S. Roberts Assistant Project Manager 1565 West MacArthur Boulevard Costa Mesa, California 92626, 7141668-4300 STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Gommor CALIFORN(A COASTAL COMMISSION SOUTH COAST AREA 9245 W. BROADWAY, STE. 380 P.O. Box 1450 LONG BEACH, CA 90802,"16 (310) 590-5071 NOTICE OF PROPOSED PERMIT AMENDMENT REtalvrru dY PLANNING DEPARTMENT TO: All Interested Parties CITY OFNEWPORTBEAC14 FROM: Peter Douglas, Executive Director M I APR 29 1996 FM DATE: 26 April 1996 7�8�9i101111i2111213141516 SUBJECT: Permit No. 5-95-048 granted to The Irvine Company for: Subd-i,:-i-sicn of an 86.1 acr-s parcel into 17.3 residential lots, sir, - - - private open space lots, private street lots, and two public open space lots. Also approved was construction of 173 single family residences, private roads and infrastructure to serve the residences, and construction of a 2.3 acre detention basin. The approved project includes dedication of 45.8 acres of open space, including a 4 acre public bluff top view park. The approved project also includes grading and construction of an 8 foot wide public trail within the view park. Bluff stabilization and revegetation of coastal sage scrub within the public open space areas are part of the approved project. Construction of an emergency access drive, Jamboree Road street and sidewalk improvements, construction of a bus turnout and shelter are also part of the approved project. In addition, 772,900 cubic yards of cut and 772,900 cubic yards of fill will be balanced on site, as part of the approved project. A wetland mitigation plan was also approved. The mitigation plan includes creation of .96 acre of wetland area on site. at 1501 Jamboree Road, Newport Beach, Orange County The Executive Director of the California Coastal Commission has reviewed a proposed amendment to the above referenced permit, which would result in the following change(s): Modifications to tentative tract map 15011 to incorporate new lot 150 and revised lot V (as shown on the revised tentative tract map on file in the Commission office); Construction of a recreational facility within lot 150 for use by residents of the Newporter North community; the recreational facility is composed of a pool, hardscape, trellis structure (maximum height 11 feet) at either end of the pool at at the entrance, barbeque area, outdoor spa, and a restroom/changing area/pool equipment room structure; the structure would be approximately 893 square feet with a maximum height of 21 feet; the recreational facility will not be lighted after 10 p.m.; pedestrian access via a concrete walkway to the recreational facility is proposed through lot V; Notice of Proposed Permit Amendment No 5-95-048 A2 (The Irvine Company) Page 2 Special Condition No. 6 of coastal development permit 5-95-048 would be modified to expand the uses allowed in Lot V to include: Pedestrian access walkway to serve the recreational facility ,J,'4,, �t (as described in coastal development permit amendment 5-95-048 s ,,A2 and as shown on the amendment plans). The walkway is limited to the location shown on the amendment plans and is not located within the wetland mitigation area described in the a i.w Habitat Mitigation and Monitoring Plan for the Newporter North Development prepared by John M. Tettemer & Associates, Ltd., dated May 1995. The deed restriction for Lot V will be amended to include a new map reflecting the boundaries for Lot V, as shown on the revised tentative map, and to add the pedestrian access walkway.as a permitted use in Lot V. The amended deed restriction will be re -recorded. Pursuant to 14 Cal. Admin. Code Section 13166(a)(2) this amendment is considered to be IMMATERIAL and the permit will be modified accordingly if no written objections are received within ten working days of the date of this notice. This amendment has been considered "immaterial" for the following reason(s): The number of residential units and the amount of area devoted to residential development were reduced under the first amendment to the underlying coastal development permit in order to accommodate the proposed recreational facility. The proposed development will maintain a minimum setback from the wetland mitigation area of 32 feet. In addition, the proposed amendment will have no adverse impacts on coastal access or resources and is consistent with the Chapter 3 policies of the Coastal Act. Further, the additional development proposed in_the_ameadment is - " --reTatively minor in nature and will have no adverse impacts on the on -site wetlands. If you have any questions about the proposal or wish to register an objection, please contact Meg Vaughn at the Commission Area office. C2: 4/88 6773F re iso y 01 y COASTAL COMMUNITY BUILDERS August 17, 1995 Mr. Richard Hoffstadt Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach CA 92663-3884 Re: Newporter North Dear Dick: The Irvine Company will resolve the slope stability issues on the Newporter North bluff to the City of Newport Beach's satisfaction prior to dedication to the City. Please issue the Grading Permit to Standard Pacific upon grading plan approval. If you have any questions, please call. Sincerely, fleand A. Maniscalco President & General Manager cc: David Foell -'Standard Pacific Don Webb Norm Witt f t AUG 2 2 P`, 550 Newport Center Drive, P.O. Box 6370, Newport Beach, California 92658-6370 • (714) 720-2410 A Division of The Imne Company II II II C II II II SPECIAL PROVISIONS and BID PROPOSAL FORM for the NEWPORTER NORTH WETLAND MITIGATION SITE May 1995 Prepared for: Coastal Community Builders 550 Newport Center Drive Newport Beach, CA Prepared by: John M. Tettemer & Associates, Ltd. II TABLE OF CONTENTS Task Page SECTION 100 - GENERAL INFORMATION 1 Section 101 - Introduction 1 Section 101.1 - Intent of Drawings and Specifications 1 Section 101.2 - Site Inspections & Familiarizations 1 Section 102 - Project Directory 2 Section 103 - Ownership 2 Section 104 - Scope of Contract 2 Section 105 -Insurance 2 Section 106 - Resource Agency Permits 2 Section 107 - Utilities 3 Section 108 - Payment 3 Section 109 - Change Orders 3 Section 110 - Schedule 3 Section 111 - Project Delays/Penalties 3 Section 112 - "Section" References 4 SECTION 200 - SITE DEVELOPMENT 5 Section 201 - Site Access 5 Section 202 - Site Preparation 5 Section 203 - Irrigation System 5 Section 203.1 - Protection and Damage 6 Section 203.2 - Trenching 7 Section 203.3 - Water Supply 7 Section 203.4 - Water Meter to Backflow Enclosure 7 Section 203.5 - Backflow Prevention 7 Section 203.6 - Pressure Regulation 7 Section 203.7 - Distribution Line 8 Section 203.8 - Tee Connection 8 Section 203.9 - Lateral Lines 8 Section 203.10 - PVC Ball Valve 8 Section 203.11 - Risers 9 Section 203.12 - Hose, Connectors, and Emitters 9 Section 203.13 - Additional Hardware 10 Section 203.14 - Open Trench Test 10 Section 203.15 - 'Drip" Test 11 Section 203.16 - Back -Fill and Compaction 11 Section 203.17 - "As -Built" Irrigation Drawings 11 Section 204 - Tensiometers 11 Section 205 - Planting 12 Section 205.1 - Inspection of Plant Material 12 Section 205.2 - Tree Types 12 Section 205.3 - Tree Quantities 13 Mr01.SPC 059.13 ]- TABLE OF CONTENTS Task Section 205.4 - Tree Spacing Section 205.5 - Planting Procedures Section 205.6 - Plant Storage SECTION 300 - OPERATION Section 301 - Irrigation Schedule Section 302 - Maintenance Section 303 - Weeding Section 304 - Pests Section 305 - Performance Section 306 - Annual Maintenance SECTION 400 - BID FORM SECTION 500 - EXHIBITS Sheet 1 - Title Sheet Sheet 2 - Irrigation Plan Sheet 3 - Planting Plan Sheet 4 - Details M 10I.SPC 059.13 Page 13 13 13 14 14 14 14 14 14 15 i[i 17 ' SECTION 100 - GENERAL INFORMATION ' SECTION 101 - INTRODUCTION The following specifications are for the installation of the irrigation system, planting, and providing short term maintenance of the Newporter North Wetland Mitigation Site located ' west of the intersection of Jamboree Road and Santa Barbara Drive in the City of Newport Beach. See the Title Sheet (Sheet 1) of the Plans for a Location Map. This 1.44-acre project is to mitigate impacts to wetland vegetation incurred as a part of the development ' of the Newporter North residential development project. Both the wetland impacts as well as the development of this mitigation site for mitigation ofthe vroiecVs wetland impacts are H I I I H of Fish and Game The irrigation system information included in these Plans and Special Provisions is intended to provide guidance for bidding and constructing one possible irrigation system. The Contractor is to review the irrigation system hardware and layout in these plans to confirm that it is the reasonable minimum facility required to properly irrigate the planting as described herein. If the Contractor chooses to make changes to the Plans or specifications, all such changes or any substitution of materials must be submitted with the Bid Proposal and approved by the Owner and its Consultant. If the Contractor makes no suggested changes or substitutions, it is assumed that the Contractor will be using the Irrigation Plan shown (Sheet 2) and accepts full responsibility for its adequacy and successful operation. The Contractor shall not modify the Planting Plan. The successful Contractor must possess a C-27 license in the State of California. Section 101.1 - Intent of Drawings and Specifications: It is the intent of the drawings and specifications to convey an irrigation system layout to assure the planted vegetation can be properly irrigated indefinitely. Items not specifically indicated on the drawings or included in the special provisions, but required to complete the irrigation system and conform with such intent, are to be considered as part of the work. Section 101.2 - Site Inspections & Familiarization: The Contractor shall examine the site prior to submitting its bid, noting existing conditions that could prevent the proper execution of the work. Any such conditions and their effect on the bid or schedule shall be expressly stated in the Bid Proposal. MU SK ' 059-13 -1- SECTION 102 - PROJECT DIRECTORY Owner. Coastal Community Builders 550 Newport Center Drive Newport Beach, CA Contact: Mr. Norm Witt Coastal Community Builders 550 Newport Center Drive Newport Beach, CA 92660 (714) 720-2129 Fax (714) 720-2111 Consultant John M. Tettemer & Associates, Ltd. 3151 Airway Avenue, Suite Q-1 Costa Mesa, CA 92626 (714) 434-9080; Fax (714) 434-6120 Contacts: Mr. Paul Jones, Manager of Environmental Engineering Mr. Mark Tettemer, Project Manager SECTION 103 - OWNERSHIP All materials and equipment purchased or installed for this project shall become the property of the Owner. This includes, but is not limited to valves, pressure regulators, irrigation pipe, irrigation hoses, emitters, tensiometers, and vegetation. SECTION 104 - SCOPE OF CONTRACT The successful Contractor will be awarded the installation of the irrigation system, planting and irrigation and maintenance of the site for 30-days beginning at the completion of planting. An additional maintenance period may also be awarded to the successful bidder. SECTION 105 - INSURANCE The Contractor shall provide proof of the necessary insurance in accordance with requirements indicated in Section _ of the standard specifications. ' SECTION 106 - RESOURCE AGENCY PERMITS The Owner has obtained the necessary approvals from the U. S. Army Corps of Engineers ' and the California Department of Fish and Game for the Contractor to install the irrigation system, plant the vegetation, and maintain the site. MTOI.SPC ' 059-13 -2- I I 1 II I E SECTION 107 - UTILITIES The Contractor is responsible for locating and protecting all e3dsting utilities which are within the project boundaries. Should utilities not shown on the plans be found during trenching, the Contractor shall promptly notify the Owner or Consultant for instructions as to further action. Failure to do so shall make the Contractor liable for any and all damage thereto arising from his operations subsequent to discovery of such utilities not shown on plans. SECTION 108 - PAYMENT Because of the short duration of the project, the Contractor shall submit two invoices. The first invoice shall include Bid Items 1-6 (See Section 400 of this document). With this invoice, the Contractor shall attach copies of all purchase slips for materials and equipment related to Bid Items 1-6. Payment by the Owner shall be made upon passage of the tests (See Sections 203.14 and 203.15 of this document), submittal of "As -Built" drawings (See Section 203.17 of this document), and the acceptance of work by the Owner or Consultant. The second invoice is for Bid Item 7. If Bid Item 8 is accepted, a payment schedule shall be negotiated. SECTION 109 - CHANGE ORDERS All change orders are to be submitted, in writing, to the Owner and Consultant. The Consultant will review the request and make its recommendations to the Owner basedon the information provided. Any additional work performed by the Contractor prior to receipt of written approval from the Owner or Consultant shall be at the Contractors sole risk. SECTION 110 - SCHEDULE The Contractor shall submit, with the completed bid proposal form, two schedules. The Project Schedule shall indicate the time (in working days) needed to complete the project. This information will be used to determine the schedule and Project Completion Date. Also included shall be a Daily Work Schedule which describes a typical work day including start time, break times, lunch time, and finish times. The Daily Work Schedule must consider any time restrictions imposed by the City of Newport, if any. Adjustments to the schedule shall be made to account for inclement weather, which is severe enough to prevent the Contractors work on the site. If inclement weather, which impedes any work, is predicted with certainty, the Contractor shall contact the Owner or Consultant prior to any non -working days to receive prior approval. If the Contractor is unable to provide advanced notice, the Contractor must notify the Owner or Consultant the following business day to inform them of the non -working day and the reason. The Owner or Consultant must approve any determination of a non -working day. Penalties assessed against the Contractor, if applicable, are addressed in Section 111 of this document. SECTION 111 - PROJECT DELAYS/PENALTIES A project schedule, acceptable to both the Owner and Contractor, shall be the basis for determining whether any penalty shall be levied against the Contractor. The Project Completion Date shall be determined by the Owner or the Consultant prior to the Contractor beginning work. For each day past the accepted Project Completion Date which Mnl.SPc 059.13 -3- u the project is not complete, the Contractor shall be assessed a penalty of $100 (one -hundred dollars). Adjustments to the Project Completion Date will be made by the Owner or the ' Consultant based on inclement whether or other pre -approved delays as noted in Section 110 of this document. ' SECTION 112 - "SECTION" REFERENCES All references to numbered specification "Sections" other than Sections in this document ' refer to the "Standard Specifications for Public Works Construction" (also known as the "Green Book"), 1994 Edition. L LI 1 I MTOI.SPC ' 059.13 In I 1 SECTION 200 - SITE DEVELOPMENT SECTION 201 - SITE ACCESS Site access for the project is from San Joaquin Hills west of Jamboree Road. The Contractor is to add a lock to the existing chain. Keys to the lock will be provided to the ' Owner and Consultant. SECTION 202 - SITE PREPARATION ' Prior to the installation of the irrigation system, the site shall be cleared of unwanted vegetation in the designated planting areas. Clearing is limited to the cutting and removal ' of grasses. Care must be taken to avoid impacts to the existing vegetation which is to remain. If a temporary working yard is desired, it is be established within the site at a location to be approved by the Owner or Consultant. ' Payment for site preparation shall be made per Bid Item No. 2, SITE PREPARATION. ' SECTION 203 - IRRIGATION SYSTEM Irrigation for the site shall be accomplished by using a drip -irrigation system using potable water. The Contractor shall use Schedule 40 Poly Vinyl Chloride (PVC) pipe for all required pipe diameters as shown on the Irrigation Plan (Sheet 2). All PVC shall be buried a minimum of 12-inches (to the top of the pipe) below existing grade. Exhibit 2 shows the location of the "Point of Connection" including the water meter, backflow preventor, and ' pressure reducer. From the pressure reducer, a 3/4-inch and 1/2-inch PVC Distribution Line will carry water around the site. From the Distribution Line, Lateral Lines will carry water to the areas to be planted. From each Lateral Line, 1/2-inch polyethylene hose with 1/2- gallon per hour drip emitters will be installed to irrigate the planted vegetation. Each tree or shrub will have a drip emitter. ' Two Lateral Lines, exclusively serving areas planted with Mulefat (Baccharis glutinosa), are to be valved at the Distribution Line for additional irrigation control. Each 1/2-inch valve shall be installed in a 12-inch x 17-inch valve box. (see Section 203.10) ' A primer and solvent weld shall be used for joining all PVC fittings per Section 207-17.3.3 ' of the "Green Book." Care should be taken to reduce the amount of excess glue on or around the connections. ' The Contractor is responsible for constructing concrete thrust blocks where necessary to insure the proper operation of the system. ' If the Contractor elects to deflect the PVC pipe, industry and manufacturer standards shall be adopted regarding the maximum deflection allowed. Evidence shall be provided to the Consultant of the maximum deflection allowed by such standards. ' Care shall be taken by the Contractor so that no irrigation hardware shall be placed or trees planted in the direct flow .path of any storm drain discharging into the mitigation site area. hT 01.SPc ' 059-13 -5- C' ' Should the Contractor decide to modify the irrigation system design, the Contractor shall size the pipeline to provide a minimum of 15 pounds per square inch (psi) at every drip - emitter considering hydraulic losses and the difference in elevation. The Contractor shall provide an exhibit or exhibits showing the proposed changes and calculations to the ' Consultant for review and approval. Following is a list of some common manufacturers suggested installation practices: ' 1. To prevent kinking of polyethylene hose, use elbows where tight bends are encountered. 2. Snake the polyethylene hose about landscaped area so as to allow for ' contractions due to temperature variations. 3. Do not use detergents or lubricants in polyethylene hose connections as they may cause accelerated deterioration of the hose. ' 4. Make all polyethylene hose cuts squarely with a sharp knife or shears. 5. Cap or plug openings as soon as lines have been installed to prevent the ' entrance of materials that would obstruct the pipe. Leave caps or plugs in place until removal is necessary for completion of installation. 6. Flush all PVC and polyethylene hose prior to emitter installation. 7. Have water running through irrigation system at low (less than 5 psi) pressure ' during emitter installation. S. Check for adequate minimum pressure (15 psi) at selected emitters, at several locations throughout the site furthest away from source water. 9. Spot check emitters for correct flow rate (1/2 gallon per hour) by discharging into a bucket for a set period of time, typically 15 or 20 minutes. 10. Ensure areas about which polyethylene hose is placed is free of any sharp ' stones or aggregate material. ' Payment for the purchase and installation of materials address in this Section shall be included in Bid Item No. 3, IRRIGATION SYSTEM. ' Section 203.1 - Protection and Damaee: The Contractor shall: ' 1. Protect all work and material from damage during construction and storage. PVC ' pipe and fittings shall be especially protected from damage. 2. Assume responsibility for damage to existing facilities and restore property to its ' original condition should damage occur as a result of the work. 3. Handle irrigation hardware carefully and store under cover to avoid damage. Beds ' on which materials are stored must be the full length of pipe to avoid damage. Any pipe that has been damaged or dented shall not be used in the work. MT01.sec ' 059.13 -6- ISection 203.2 - TrenchiDe: ' 1. Perform trenching as required for the installation of the work included under this section, including shoring of earth banks to prevent cave-ins. Restore all surfaces, existing underground installations, etc., damaged or cut as a result of the trenching, ' to their original condition and in a manner approved by the Owner or Consultant. ' 2. Trenches for pipes shall be made of sufficient depths to provide a minimum cover, from finish grade, of 12-inches minimum cover (to the top of the pipe) over all PVC lines. ' 3. Clean trench bottoms of rocks 1/2-inch diameter and greater. If the trench is in a rocky area, place PVC on a 4-inch sand bed. ' Section 203.3 - Water Sunoly: The Owner has installed a _-inch water meter adjacent to Santa Barbara Avenue ' approximately north of the mitigation site. Water will be provided by the Owner at no cost to the Contractor. ' Section 203.4 - Water Meter to Backflow Enclosure: The Water Meter is considered the Point of Connection for this project. From the Water Meter to the Backflow Enclosure, the Contractor shall install 3/4-inch diameter galvanized ' metal pipe. The galvanized pipe is to be a minimum of 12-inches below grade (to the top of the pipe). ' Section 203.5 - Backflow Prevention: The Contractor shall install a backflow prevention device at the location shown on the Irrigation Plan (Sheet 2) and Details (Sheet 4, Detail D). If the slope for Santa Barbara ' Avenue is in place, the backflow enclosure is to be placed at the toe of the slope. If the slope is not in place, the location shall be determined in the field by the Consultant. The backflow prevention device is to be placed within a lockable stainless steel enclosure. The ' lock and keys are to be provided to the Owner. Backflow Prevention Device: ' 3/41, - Febco 825Y or equivalent. Section 203.6 - Pressure Reeulation: ' The Contractor shall confirm the necessity of a preset pressure regulator located immediately downstream of the backflow prevention device (See Sheet 4, Detail D). The ' Contractor is responsible for confirming the proper size and pressure reduction based on the design and demands of the system. From the metal backflow enclosure, metal conduit will be joined to the (PVC) Distribution Line. At a location 3-feet downstream of the metal ' pipe/PVC connection, the pressure regulator, if needed, shall be installed. The pressure regulator shall be within a 12-inch x 17-inch plastic valve box. NMI.SPC 059-13 -7- I n Pressure Regulator: ator: 3/4" (fipt) Female Adapter (slip x fipt): 3/4" Male Adapter (slip x mint): 3/4" Plastic Valve Box: 12" x 17" Hardie VPR2020-502 or equivalent Spears 435-007 or equivalent Spears 436-007 or equivalent Ag. Supply C85104 or equivalent Section 203.7 - Distribution Line: Beginning at the pressure regulator, the Contractor shall install 3/4-inch or 1/2-inch diameter (PVC) Distribution Line which will carry water to the Lateral Lines. Refer to the Irrigation Plan (Sheet 2) for pipe size and length information. The Distribution Line shall be placed at a depth of 12-inches below the existing grade (to the top of the pipe) along the alignment shown on the Irrigation Plan (Sheet 2). ' Section 203.8 - Tee Connection: Identified on the plans are the locations where the Contractor shall transition from the Distribution Lines to Lateral Lines. At each Distribution Line to Lateral Line connection, the Contractor shall install the appropriate Tee or Reducing Tee. The following table provides the Tee or Reducing Tee sizes with the corresponding manufacturer and stock number: Reducing Tee slip x slip x slip): 3/4" x 1/2" x 1/2" Spears 402-094 or equivalent n 0 0 H Tee (slip x slip x slip): 1/2" x 1/2" x 1/2" Spears 401-005 or equivalent Section 203.9 - Lateral Lines: From the Distribution Line, the Contractor shall install Lateral Lines as shown on the Irrigation Plan (Sheet 2). Lateral Lines are to be constructed using the indicated diameter PVC which is to be buried 12-inches (to the top of the PVC pipe) below grade. Section 203.10 - PVC Ball Valve: At two Lateral Lines, a PVC Ball Valve shall be installed to control irrigation to the Mulefat (Baccharis glutinosa) planting areas. Each PVC Ball Valve shall be housed in a 12-inch x 17-inch plastic valve box. See the Irrigation Plan (Sheet 2) for the size and location of the PVC ball valves and valve boxes. M'r91.SPC ' 059.13 -S- P PVC Ball Valves (slip x slip): 1/2-inch - Spears 2122-005 or equivalent ' Plastic Valve Box: ' 12-inch x 17-inch - Ag. Supply C85104 or equivalent Section 203.11 - Risers: ' From the Lateral Lines, Risers will carry the irrigation water to the ground surface. The Risers shall be 12-inch sections of Polyethylene Hose. Spacing for risers will depend on the plant spacing criteria (See Section 205.4 of this document). See Detail C, Sheet 4 for the ' Lateral Line/Riser Connection. On top of the Riser, a Riser Tee (1/2"; insert x insert x insert) shall be installed to accept the polyethylene hose. ' Lateral Line Tees (slip x slip x fip . 1/2" Spears 402-005 or equivalent ' Lateral Line to Polyethylene Hose Connection (mipt x insert): 1/2" Male Adapter Spears 1436-005 or equivalent Polyethylene Hose: 1/2-inch diameter Hardie EHD1335 or equivalent ' Tees (insert x insert x insert): 1/2" x i/2" x 1/2" Spears 1401-005 or equivalent Section 203.12 - Hose, Connectors, and Emitters: From the Riser Tee, the Contractor shall connect the appropriate length of Polyethylene Hose. The length of the 1/2-inch polyethylene hose shall not exceed three -hundred (300) feet. One-half gallon per hour pressure compensating drip emitters shall then be installed along the irrigation hose on the spacing appropriate for the trees/shrubs to be planted. Emitters shall be placed on the uphill side and no more than six (6) inches from the plant material. Jute staples shall be placed on ten -foot centers to hold the polyethylene hose in place. "Figure 8" end clamps will be used to terminate the irrigation hose. See Details "A," "B," and "C" on Sheet 4 for a graphic depicting the various connections. In some cases, tees (1/2-inch; insert x insert x insert) shall used to tee the polyethylene hose to reach other trees/shrubs. Tees insert x insert x inserts 1/2" Spears 1401-005 or equivalent ' Polyethylene Hose: 1/2-inch diameter Hardie EHD1335 or equivalent ' Emitters: 1/2 GPH Drip Emitter Hardie DPJ02 or equivalent Mr01.SPC ' 059.13 -9- I II II J 'J I II II End Clamps: "Figure 8" End Clamps Hardie FJQ16 or equivalent Jute Staples: Jute staples shall be used to hold the polyethylene hose in place. No specifications provided. Section 203.13 - Additional Hardware: If the Contractor, after reviewing the Plans and Specifications, observes the need for any additional hardware to insure the proper operation of this system, the Contractor shall list the items and their corresponding cost on the Bid Proposal Form and include the cost in Bid Item No. 3, Irrigation System. If no items are listed on the Bid Proposal Form, it is assumed that the Contractor can properly assemble and operate the system for the amount on the Bid Proposal Form. Section 203.14 - Open Trench Test: To test the integrity of the irrigation system, the Contractor shall perform a pressure test upon completion of the assembly of the irrigation system prior to the installation of the drip emitters. Test in accordance with Section 308-5.6.2 (Pipeline Pressure Test) of the "Green Book." The PVC lines shall be tested in accordance with the following criteria: i. The Contractor shall request the presence of the Owner or Consultant in writing at least 48 hours in advance of testing. 2. The test is to be accomplished at the expense of Contractor and in the presence of the Owner or its Consultant. 3. The test shall be conducted with the PVC pipe in the trench prior to backfilling. 4. Center load all pipe with sufficient back -fill to prevent arching or slipping during the pressure test. 5. All solvent welds must have cured for a minimum of 24 hours prior to testing. 6. A water pressure of 100 P.S.I. must be maintained for 6 hours during the pressure test. 7. Repair all leaks observed during the tests and retest at 100 P.S.I. for 6 hours (as described in #6 above) until no loss of pressure is indicated on the pressure gauge. 8. The test will be considered complete when it is witnessed by the Owner or Consultant. Upon completion of a successful test, the Contractor shall backfill the trenches and complete assembly of the irrigation system. MM.SPc 059-13 -10- I Section 203.15 - "Drip" Test: Upon the installation of the drip emitters, a second test shall be conducted to test for ' adequate pressure for the drip emitters. The irrigation system shall be operated for a period of eight hours during which randomly selected emitters shall be checked for proper delivery rates. Section 203.16 - Back -Fill and Compacting: ' 1. After the irrigation system is operating and required tests and inspections have been made, back -fill excavations and trenches with clean soil, free of rubbish or rocks. ' 2. Back -fill for all trenches shall be compacted to 90-percent density. ' 3. Bed pipe in rock -free material. If pipe is laid in rocky areas, provide (at no additional cost) a 4-inch minimum sand bed with 3-inches of sand around pipe. ' 4. Compact trenches in areas to be planted by thoroughly flooding the back -fill. Jetting process may be used in these areas. ' S. Dress off areas to finish grades. 6. Settling of back -fill trenches which may occur during one (1) year period after final ' acceptance, shall be repaired by the Contractor including the complete restoration of damaged planting or other improvements of any kind. ' Section 203.17 - "As -Built" Irrigation Drawings: The Contractor shall prepare "As -Built' drawings in accordance with project record documents. A blue -line print shall show deviations from the bid documents made during ' construction affecting the Distribution Line, Lateral Lines, backflow prevention, valves, tees or other appurtenances. The drawings shall be delivered to the Owner and Consultant before final acceptance of the work. ' SECTION 204 - TENSIOMETERS Two (2) tensiometers shall be installed at the locations shown on the Irrigation Plan (Sheet 2). Each tensiometer shall be installed to a depth of thirty-six (36) inches as shown on the Tensiometer Detail (Detail E, Sheet 4). The tensiometers will be located between trees ' immediately adjacent to a polyethylene hose. An additional emitter shall be placed within 6-inches of the tensiometer. The manufacturer and model of tensiometer are mandatory. ' Tensiometers: Irrometer Watermark Soil Moisture Sensors, Model No. 200 (No equivalent accepted) ' Payment for the purchase and installation of materials shall be included in Bid Item No. 4, TENSIOMETERS. Mn11.SPc 059.13 -11- ' SECTION 205 - PLANTING The Contractor shall stake each planting area as shown on the Planting Plan (Sheet 3). ' Planting shall not begin until the Consultant has field reviewed and approved each planting area. Planting shall begin no earlier than one day after the drip test as required in Section 203.15 of this document. Payment for the purchase and installation of materials shall be included in Bid Item No. 5, TREE PURCHASE AND PLANTING. Section 205.1 - Inspection of Plant Material: 1. Plants are subject to inspection by the Consultant and/or Owner at their place of growth, upon delivery, and during the progress of the work. ' 2. Review for quality, size and quantity: t a. The plants shall be labeled as to genus, species and variety with a weatherproof label attached so as to not restrict growth. b. The Contractor shall group the plants with separation between species of ' groups to allow reasonable access for viewing and inspection of plants. C. The Owner or Consultant reserves the right to require root ball washing of two percent (2%) of materials to inspect root girdling or root bound conditions. If 2% of are unsatisfactory, the entire lot may be rejected. Rejected plants shall be removed immediately from the site and replaced with acceptable material at the Contractor's expense. No planting shall be done ' until the plants have been accepted by the Owner or Consultant. 3. Contractor shall schedule delivery of the required plant materials for inspection ' during regular working hours. The Owner or Consultant shall be given a minimum of 48 hours advance notice to time of delivery. ' 4. No vegetation shall be planted until the plant material has been inspected and accepted. ' 5. Approval shall not impair the right of further inspection and rejection of material prior to planting. Section 205.2 - Tree Types: The Contractor shall purchase and plant the vegetation identified on the Planting Plan ' (Sheet 3) and in these specifications. All specimens are to be one -gallon potted plants developed from local plant stock. The Contractor shall make the necessary arrangements for the delivery of the vegetation to the site. 1 MTOI.SPC ' 059-13 -12- The plantings will consist of four types of wetlands/riparian trees: ' Arroyo Willow (Salix lasiolepis) Black Willow (Salix gooddingii) Cottonwood (Populus fremontii) ' Mulefat (Baccharis glutinosa) Section 205.3 - Tree Quantities: ' The following are the quantities, by specie, of vegetation needed: I 1 1 I I H 1 Arroyo Willow 154 units Black Willow 67 units Cottonwood 55 units Mulefat 53 units Section 205.4 - Tree Spacine: Trees are to be planted at the following spacing: Arroyo Willow Black Willow Cottonwood Mulefat 12-18 foot centers 12-18 foot centers 18-22 foot centers 8-12 foot centers Section 205.5 - Plantina Procedures: The Contractor shall identify the location of the trees in the field by staking the boundary of each area. After the Drip Test (Section 203.15 is complete, planting holes three (3) feet deep and one and one-half (1-1/2) times as wide as the average root ball shall be dug. Plants shall be set in the planting hole so that the crown of the root ball is within one (1) inch of the ultimate soil surface. Backfilled soil shall be tamped lightly around the ball or roots. Section 205.6 - Plant Storage: The Contractor is responsible for watering all planted and potted vegetation purchased for this project. All potted vegetation at the site shall be watered daily until it has been planted. Mni.sPc ' 059-13 -13- I SECTION 300 - OPERATION ' The Contractor is responsible for all daily operation activities at the site related to the "construction" of this wetland mitigation site. tPayment for Section 300 items shall be included in Bid Item No. 6, OPERATION. ' SECTION 301 - IRRIGATION SCHEDULE The Contractor is responsible for irrigation and maintenance of the site for 30-days ' beginning when planting is completed. The Contractor is responsible for making sure that adequate water is applied and on a regular schedule. The irrigation system must be operated between 7:00 A.M. and 6:00 P.M. Monday through Friday, unless special ' circumstances warrant additional weekend operation. A written irrigation schedule is to be submitted to the Owner or Consultant prior to the initiation of planting. SECTION 302 - MAINTENANCE During the length of the contract, the Contractor shall properly maintain all irrigation hardware including pipes, hoses, and emitters. This shall include scheduled inspection of all ' irrigation pipes, hoses, and emitters. The 30-day maintenance period of the trees shall begin when the last tree is planted. The Contractor shall take care to insure a reliable irrigation system. Proper operation of the emitters is critical. Any defective emitter must be cleaned, repaired, or replaced immediately. ' SECTION 303 - WEEDING During the length of the contract, the Contractor shall maintain a twelve (12) inch weed free radius around each tree as well as each tensiometer. At no time shall the weeds be allowed to overtop the planted trees. The Contractor shall not use any power equipment (i.e. weed eater, etc.) to remove weeds or any type of herbicide without a written approval from the Owner or Consultant. For bidding purposes, weeding shall be performed manually. SECTION 304 - PESTS ' The Contractor shall not use any pesticides. If pests are detected at the site, the Contractor is to notify the Consultant immediately, both verbally and in writing. The Consultant will ' inspect the site and determine the type and severity of the problem and recommend a course of action to the Owner for consideration. Any work by the Contractor to eradicate pests, approved by the Owner, shall be paid under separate invoice. SECTION 305 - PERFORMANCE The Contractor is responsible for a one -hundred (100) percent survival rate of the planted ' trees during the length of the contract. All dying or dead trees shall be replaced at the end of the 30-day maintenance period with the same specie of tree at the Contractor's expense. The Contractor is responsible for the proper operation and maintenance of the site including 1 mni.sPc ' 059-13 -14- I the irrigation system. At the end of the contract, the Contractor shall turn over all materials purchased for this project to the Owner. ' SECTION 306 - ANNUAL MAINTENANCE (OPTIONAL) The owner may award an annual maintenance period which would begin at the end of the obligatory 30-day maintenance period. During the annual maintenance period, the Contractor shall maintain the site as described in SECTIONS 301-305 of this document. The Contractor shall weed the site monthly between January and September. The Owner may delete this item from the contract. Payment for annual maintenance shall be made per Bid Item No. 7, ANNUAL MAINTENANCE. t I I I I 1 I I I I MrO1.SPC 059-I3 -15- SECTION 400 - BID FORM BID ITEM QUANTITY UNIT NO. TASK DESCRIPTION AND UNIT PRICE AMOUNT 1. Mobilization L.S. NA $ 2. Site Preparation (Section L.S. NA $ 202 of these specifications) 3. Irrigation System L.S. NA $ (includes all hardware and labor associated with Section 203 of these specifications) 4. Tensiometers 2 UNITS $ $ (includes all hardware and labor associated with Section 204 of these specifications) 5. Tree Purchase and Planting 329 TREES $ $ (includes all trees and labor associated with Section 205 of these specifications) 6. Operation 30 DAYS NA $ 7. Annual Maintenance (optional) 12 MONTHS NA $ (Beginning at the end of the 30-Day Maintenance Period) TOTAL BID PRICE $ Total Amount Written in Words Company Name: Company Agent: Date: MrO1.SPC 059.13 -16- � I SECTION 500 - EXHIBITS 1 mu"spC I' 059.13 -1%- 40 5 COSTA MESA NEWPORT BEACH IRVINE-' -k405 PROJECT, - SITE' ' ... A'90 -• � �,N�t LAGUNA ? • BEACH o t 5 " Z 3 SAN JUAN 0 1 2 4 OC. � U CAPISTRANO • SCALE; 1'-2.75 MILES N 1 DANA POINT 0. . .VICINITY MAP MISSION VIEJO z.FS :: i��':`:� � �-.._•__`=\.. �tlreapw2lpxs `;\\,j�aY? �', �: F� y ;�� � Y �< Tn'U,ri':) r �_ a< nar\♦S � L 1 - ,<J1�" , MIR nIm AA8 MAPPED.. ` ` z•.. � :. ( ! �. I'll r,r ��.. ' - -. _ . �� (�O'`_ •.�. `\1,.IN- Y^:'..IEWPRI'R_NURTN:r' ; -- \�''v';fFiOJGT_ __ - \.f o WCounery��yyl4+•r.. -�\ J' ! . 2060 LOCATION MAP. 1000 4000 FEET' f b*vV NEWPORT-ER, NORTH WETLAND MlTlIGATION PLAN MAY 1995 DESIGNED FOR: COASTAL COMMUNITY BUILDERS 550 NEWPORT CENTER DRIVE NEWPORT" BEACH, CALIFORNIA 1 DESIGNED BY: e ;® JOhn M TETTEMER & A550CIATE5 5ELTQ MGINtERIMG MANAGEMEriT PLANNINQ 3152 Airway Avenue, suite Q-1 Costa Mesa, California 926Z6 _ MITIGATION FOR WETLAND IMPACTS -ALLOWED UNDER: , • U.S. ARMY CORPS OF, ENGINEER SECTION 404`(NATIONWIDE)._PERMIT # 95-00189—BH • CALIFORNIA DEPARTMENT OF FISH- AND GAME SECTION 1603� STREAMBED ALTERATION AGREEMENT # 5-010-9.5 ,INDEX OF SHEETS 1. TITLE.SHEET 2. IRRIGATION PLAN, 3. PLANTING PLAN 4., DETAILS NO. DESCRIPTION - SHT. APPROVED DATE REVISIONS W.O. No. 059-13 .SHEET .1. ' OF 4 DWG. NO. 4,p +11 + ?� + n� Irrigation System Materials List New otter North Mitigation Site hem No _ Deacnption Size Material Method of Connection Manufacturer Part Number 0uent.t 1 Mobilization na na na na na Lump Sum Clear and Grub na na na na na 1.44 acre(s) _2 3 Backflow Preventor Enclosure 12" x 30" x 24" high Stainless Steel na LeMeur LBFSS-71 1 unit(s) 4 Backflow Preventor 314" na Fipt x Fipt Febco 82BY 1 unit(s) 5 Pressure Regulator 3/4" na Fipt x Fipt Hardie VPR2020.502 1 unit(s) 6 Metal Pipe 3/4" Galvanized Steel Fipt x Fipt na na 45 feet 7 90-degree Ell 3/4" Galvanized Steel Fipt x Fipt na na 4 unit(s) e Coupler 314" Galvanized Steel Fipt x Fipt na na 3 unit(s) 9 Female Adapter 3/4" PVC (Sch. 40) Slip x Fipt Spears 435-007 1 unit(s) 10 Male Adapter 314" PVC (Sch. 40) Slip x Mipt Spears 436-007 2 unit(s) 11 Pipe 3/4" PVC (Sch. 4W Slip na na 80 feet 12 Pipe 1/2" PVC (Sch. 40) Slip na na 1,190 feet Reducing Tee 3/4" x 1/2" x 1/2" PVC (Sch. 40) Slip x Slip x Fipt Spears 402-094 1 unit(s) _13 14 Tee 112" PVC (Sch. 40) Slip x Slip x Slip Spears 401-005 3 unit(s) 15 90-degree Eli 1/2" PVC (Sch. 40) Slip x Slip Spears 406-005 1 unit(s) 16 45-degree Ell 112" PVC (Sch. 40) _ _ Slip x Slip Spears 417-005 6 unrisl 17 _ End Cap 1/2" PVC (Sch. 40) Slip Spears 447-005 5 unit(s) 18 Tee 1/2" PVC (Sch. 40) Slip x Slip x Fipt Spears 402-005 27 unit(s) 19 _ Male Adapter _ _ 112" Polyethylene Mipt x Insert Spears 1436-005 27 unit(s) 20 Polyethylene Hose Polyethylene Slip Hardie EDH 1335 4,335 feet 21 Tee _112" 1/2" Polyethylene Insert x Insert x Insert Spears 1401-005 27 unit(s) 22 "Figure 8" End Clamp 1/2" Polyethylene na Hardie FJ016 54 unit(s) 23 Pressure compensating drip emitter 112 GPH no Barbed Hardie DPJ02 329 unit(s) 24 Valve Box 12" x 17" na na - Ag. Supply C85104 3 unit(s) 25 Ball Valve 1/2" PVC (Sch. 40) Slip x Slip Spears 2122-005 2 unitls) 26 Jute Staple na Metal na na na 430 unit(s) 27 Tensiometer na na na Irrometer Watermark 200 2 unitls) +, v IRRI ATION HOSE +, !61 .0 +, !s +/ EXI TING DRAI INL 7 !! 61 T SHOWN +,! % / V 3'7 +,,9 +,, `s PR OSED S DRAIN OUTL T (SECONDA ) ( Y OT ERS) 14 / 25 •. /+//d / 24 .r W© L ®�� tIW��. 17 \ ��_...---..ram_... ' . 1.. I a���.�► PRO OSED TORM DRAI OUTLET (f (BY HERS) +, PRO OSED ETAINI G WAL Y THE S) /— LIMI OF F o I JAMBOREE ROAD ,E HEADWALL .. ........ ......... \ ... .......... POSSIBLE BUS TURNOUT PROPOSED HE I- NOTE: FOR SIMPLICITY, ONLY THE /,�r#' =—=— -- - .. ... �..—..—....... - .. --.. DEVELOPMENT IMPROVEMENTS (I.E. ROADS SLOPES FILL ETC.) > +'�r PICAL IRRIGATION LAYOUT IMMEDIATELY ADJACENT TO THE +,�j '� EXISTING V1iATERLINE PROPOSED PROJECT AREA +, 0 I a, et-. ....... ..... ARE SHOWN. $ . �; ... - _. ... .. .. .. . .. ... .. .. .......... .......... ...,.: ....... _...t... 20 80 0 40 11� 120 FEET LEGEND T N WETLAND VEGETATION EXIS I G TO BE PRESERVED +'! (D IRRIGATION HARDWARE REFERENCE NUMBER (SEE "MATERIALS LIST" THIS SHEET) -" PLANTING BOUNDARIES • TENSIOMETER PROPOSED STORM DRAIN INLET (LOCAL) ++,! (BY OTHERS) �s �� PROPOSED E (BY OTHERS) -• .... ._........ ........... ... ...... ..a...... ...... ........... ........... _... .... ......... ........... t,........... ..... ..... EXISTING STORM DRAIN INLET +!?o rr ... ... ......... �0. NEWPORTER NORTH DATE q� n WETLAND MITIGATION PLAN 5-95 VJOHH IATETTEMER & A550QATE5, LTD, NGIHEERIfiG MANAGEMENT PLANNING 3151 Airway Avenue, Suite Q-1 Costa Mesa, California 92626 IRRIGATION PLAN SHEET 2 +, t� +,t 2� +, t� .s ■ Plant Palette Information Common Name Scientific Name Acreage Spacing Quantity Arroyo Willow Salix lasiolepis 0.69 12' - 15' 154 ----�'f^ Black Willow Salix gooddingii 0.26 12' - 15' 67 Western Cottonwood Populus fremontii 0.38 18' - 22' 55 Mulefat Baccharis glutinosa 0.11 8' - 12' 53 +, Total 1.44 329 +,?�S +i +i "[g + AL+ 37 J / J A�—n COTTONWOOD +SS 1 / r t . COTTONWO� O + -..� "--mot..:? �: �,.. +•.� 04Q 20 so 0 40 120 FEET �I + JAMBUHtt huHv `� . ......... _.............................. —, �__'2° _........- .....,._..�..........+�� ... ........... .......... _... a .. .. ..,..,.... +, ! y - .....K-. os ?ems +r?o J?o� •.-._. _ }'� ...........,�p, B0 ..�[}..._... ___..__.E _ �o `'01 _ s s NOTE: FOR SIMPLICITY, ONLY THE....,... .......... .. -....-...... -.... _ ...-:. .... .---- .. „...... .... . DEVELOPMENTIMPROVEMENTS — +, o ::..... (I.E. ROADS, SLOPES, FILL, ETC.) •• +' +' I ; �' IMMEDIATELY ADJACENT TO THE +�t +J�' P J,' NEWPORTER NORTH DATE r x PROPOSED PROJECT AREA +,�, `� - WETLAND MITIGATION PLAN 5-95 ARESHOWN._ a ........... ... _... .... .......... ... ........ ........ .......... ....... .....�... _ _ ••---�•�-"•-•�••- - —�` ___--- � _ ---' ";ter JOHN MTMEMER& A55O ATE5, LTD. PLANTING PLAN SHEET ENGINEERING MAHAGEMENT PLANNINQ --� 3151 Airway Avenue, Suite Q-1 Costa Mesa, California 92626 O,P/P NOSE (/OCY-"CIIN D/ST,PIBUT/ BU2/ED D/ST2/8UT/ON C/NE (P(/C) P/P EM/TTE.PS DP102 O,P %VT) %Z "TEE SPER.PS SUP x S'C/P x S'C/PJ DETAIL "A" IRRIGATION SYSTEM - TYPICAL -SECTION" N.T.S. T.PEES DETAIL "W IRRIGATION SYSTEMTYPICAL PLAN VIEW DETAIL "C" TYPICAL LATERAL LINE/RISER CONNECTION N.T.S. E,l'/ST/N6' G,POVND n OR/P NOSE (POCYET//YCENE NOSE) RT 6AQaE %z"TEE C/NSE,PT x /NSEPT x /NSEk'TJ SPER.PS 1401- OOS OR EQWV,,gZEJVT NOTE /N TNECRSE G/L1E,PE77/ECRTEk//C C/NES SE,PUE NJ!/CE1W7- PEA, ,V RVO B<7CC l/.4C4/E G//CL 8E 1V6'rlOLCC19 AT TL/E UPSTRER1W END OF 7-L/E LATE.PRL L/NE11VS1,OC P 121 x 17"VRULT. %C X16-116SE) ST!!/NLESS STEEL BIlCKFLO(✓ E-/UCLOSUk°E !COCK QNO KCW TO 8E- FU.PN/TU,PE BSA COrt/TPZICTaR ) lCEN7EU2 CBFSS - 71 OR FE8C0 8PA5S.8!!LL (/!/L(/a' !3/4' O/R. ) O,P EQU/(/LICEVT 3/4"D/A. METIJL P/PE !T3'P.) - I C✓ATEQ !BY OT//Ek5) META P/PE l71VIOCO 4 PO/NT OF CONNECT/ON IBEG'/rUN/N6' OFP,PO✓ECT) F,POA,7 G✓LJTE,R1/NE /N SPJNTA B.4,PBOeW , gV6A1e✓E Soh Moisture Sensor I DETAIL "E" TYPICAL TENSIOMETER N.T.S. 0 DETAIL._"D". N J.& �1C0 805-Y Bl?CKFZOG/ P,PE7/ENT/ON CO1VCR67-CPRO l6 "Tll/CK, FLUSH G✓/TL/ EX/ST1N6 4AWPEJ /2"x17„ f/RCf/E BOX (FCUSf•1 C✓/TN EX/ST/NGG'POOE) (16V SUPPLY CBS/04, O,P EQU/(/!!LENT) eeo(i��,eE 1 _ _ FcoC✓ I � — —� TO T,06 Y 77 L3/4 "I�/!/ Pf/C D/ST,P/BUT/ON C//t/E 3/4 "D/LJ. FENl,4LE RDlIPT-CR (,SPERky OSS- 007 O.F EQU/l/ALENT) i 0 Lug ................................................:...... Mestre Greve Associates Memorandum To: Marc Meyers, City of Newport Beach David Foell, Standard Pacific From: Fred Greve PLANN118 DEPARTMENT CITY OF NEWPORT BEACH AM OCT 311996 PM 71800111112111213141516 t, Date: October 29,1996 Subject: Noise Condition of Approval 12.1) for Harbor Cove Per DavidFoell's request I am sending you this memo regarding condition 12.D for the Harbor Cove project. Standard Pacific is asking to be waived from this condition since it only applies to multi-R ly structures. The condition asks for verification of compliance with STC and IIC designarThese STC sonlyapplytpand thrating to floor / ceiling assemblies only in multi -family dwellings. Since the Harbor Cove project is single family residences, these ratings are not applicable. If you have any questions, please do not hesitate to call. 280 NEweotrr CwcmR DRIVE, Sarre 230, NEwPoRT BEACH, CA 92660 VotcE: (714) 760.0891 FAX: (714) 760-1928 OCT 29 196 05:32PM THE IRVINE CO 01 P.2/2 October 29, 1996 COASTALCOMMUNITY BUILDERS Mr. Marc Myers SENT VIA FACSIMILE Associat0ltumer City of Newport Beach 3300 Newport Boulevard Newport Beach CA 92663 Dear Mr. Myers: The purpose of this letter is to provide you with status of the archaeological/paleontological report preparation consistent with the Conditions of Approval and Mitigation Measures for the Newporter North project. Site excavation began in December, 1994 in conformance with provisions of the Coastal Development Permit (CDP 5-94-182) issued by the California Coastal Commission. Provisions of that permit required systematic sampling of ORA 64 which was completed in July, 1995. The Irvine Company then elected to enhance tho systematic sample by overburden removal across the entire site prior to the commencement of grading. The field excavation is complete and final repatriation of certain artifacts will occur in November, 1996 as requested by the Most Likely Descendants appointed by the State of California Native Amerieaniieritage Commission. Artifacts subject to repatriation have been documented consistent with direction from the Most Likely Descendants and the Native American Heritage Commission. The remainder of artifacts are being sorted and cataloged in the archaeology/paleontology laboratory at lldacko, Inc. Data analysis is being performed on the systematic sample. Analysis will commence on a statistically significant sample of the remainder of artifacts upon completion of cataloging. The amount of data collection and its complexity have increased the length of time required to properly analyze the report on the data. We anticipate completion of this work in 1997. Enclosed are progress report draft Appendices for internal city staff review. If I can answer any questions, please contact me at 720-2129. Sincerely, Norman E. Witt, Jr. Vice President Land Development 550 Newport Center Drive, P.O. Box 6370, Newport Beech, California 92658-6370 • (714) 720.2410 A Gvcw dire IINMZ`a1nGM7 714 720 2111 10-29-96 05:39PM P002 #14 RECORDING REQUESTED BY: v Corrected Index for Recorded CC&R's AFTER RECORDING MAIL TO: LATHAM & WATKINS 650 Town Center Drive 20th Floor Costa Mesa, CA 92626-1925 Attn: Dorothy A. Urbanec (Space Above Line For Recorder's Use Only) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS HARBOR COVE ORANGE COUNTY, CALIFORNIA Table of Contents Page ARTICLE1 DEFINITIONS.........................................................................................................1 Section1.01 - Allowable Charges............................................................................................................................... 2 Section1.02 - Annexation Property ............................................................................................................................. 2 Section1.03 - Annexed Property................................................................................................................................. 2 Section 1.04 - Architectural Committee...................................................................................................................... 2 Section 1.05 - Architectural Guidelines....................................................................................................................... 2 Section1.06 - Articles and Bylaws.............................................................................................................................. 2 Section1.07 - Assessments......................................................................................................................................... 2 Section1.08 - Association........................................................................................................................................... 3 Section 1.09 - Association Maintenance Areas............................................................................................................ 3 Section 1.10 - Association Management Documents...................................................................................................3 Section 1.11 -Association Property; Common Area.................................................................................................... 3 Section1.12 - Association Rules................................................................................................................................. 3 Section1.13 -Board.............................:.....................................................................................................................3 Section1.14 -Bridge .................................................................................................................................................. 4 Section1.15 - California Statutes................................................................................................................................ 4 Section1.16 - Chevron Agreement............................................................................................................................. 4 Section1.17 - City ...................................................................................................................................................... 4 Section1.18 - Class A Members................................................................................................................................. 4 Section1.19 - Class B Member................................................................................................................................... 4 Section1.20 - Close of Escrow.................................................................................................................................... 4 Section1.21 - Common Expenses...............................................................................................................................4 Section1.22 - Common Facilities............................................................................................................................... 5 Section 1.23- Common Interest Development............................................................................................................. 5 Section 1.24 - Common Landscape Maintenance Areas.............................................................................................. 5 Section1.25 - County ................................................................................................................................................. 5 Section1.26 - Covered Property .................................................................................................................................. 5 Section1.27 - Declarant.............................................................................................................................................. 6 OC DOCS%107065.4 10/17/9616:01 5ection1.28 - Declaration 6 ........................................................................................................................................... Section1.29 - Deed Restrictions................................................................................................................................. 6 Section1.30 - Detention Basin.................................................................................................................................... 6 Section1.31 - Development........................................................................................................................................6 Section1.32 - Drainage Easement Area...................................................................................................................... 6 Section1.33 - DRE..................................................................................................................................................... 6 Section 1.34 - Emergency Access Easement Area....................................................................................................... 6 Section 1.35 - Entry Monument Improvements........................................................................................................... 6 Section 1.36 - Exclusive Use Association Area............................................................................................................ 6 Section 1.37 - Exclusive Use Association Area Improvements..................................................................................... 7 Section 1.38 - Exclusive Use Common Area............................................................................................................... 7 Section 1.39 - Exclusive Use Separate Interest Area.................................................................................................... 7 Section1.40 - Exhibit.................................................................................................................................................7 Section1.41 - Federal Agencies.................................................................................................................................. 7 Section 1.42 - Final Subdivision Public Report ............................................................................................................ 8 Section1.43 - Habitat Mitigation Areas...................................................................................................................... 8 Section1.44 - Improvement........................................................................................................................................ 8 Section 1.45 - Insured Improvements.......................................................................................................................... 8 Section 1.46 - Landscaping Improvements.................................................................................................................. 8 Section1.47 -Lot.......................................................................................................................................................8 Section1.48 - Member................................................................................................................................................ 8 Section1.49 - Mortgage and Mortgagee...................................................................................................................... 9 Section 1.50 - Nonexclusive Use Common Area......................................................................................................... 9 Section 1.51 - Notice of Violation of Restrictions........................................................................................................ 9 Section1.52 - Official Records.................................................................................................................................... 9 Section 1.53 - Original Separate Interest..................................................................................................................... 9 Section1.54 - Owner.................................................................................................................................................. 9 Section1.55 - Perimeter Walls.................................................................................................................................... 9 Section1.56 - Phase.................................................................................................................................................... 9 Section1.57 - Private Street........................................................................................................................................ 9 Section 1.58 - Pro Forma Operating Budget................................................................................................................ 9 Section1.59 - Protected Land................................................................................................................................... 10 Section1.60 -Public Agency.................................................................................................................................... 10 Section1.61 -Residence........................................................................................................................................... 10 Section1.62 - Separate Interest................................................................................................................................. 10 Section1.63 - Sideyard Easement............................................................................................................................. 10 Section 1.64 - Sideyard Easement Area..................................................................................................................... 11 Section1.65 - Special Benefits Area......................................................................................................................... 11 Section 1.66 - Special Benefits Common Area..........................................................................................................11 Section 1.67 - Special Benefits Common Facilities....................................................................................................11 Section 1.68 - Special Benefits Services....................................................................................................................11 Section 1.69 - Special Benefits Expenses.................................................................................................................. 11 Section 1.70 - Special Benefits Common Areas.........................................................................................................12 Section 1.71- Storm Drain Improvements................................................................................................................ 12 Section1.72 - Subdivision Map................................................................................................................................ 12 Section 1.73 - Supplementary Declaration................................................................................................................. 12 Section1.74 - TIC....................................................................................................................................................12 Section1.75 - TIC Agreement.................................................................................................................................. 12 Section1.76 - TIC Property ...................................................................................................................................... 12 Section1.77 - Wetlands............................................................................................................................................ 12 ARTICLEII THE ASSOCIATION............................................................................................12 Section 2.01 - General Duties and Powers .................... .......... 12 OC DOCS\107065.4 ii 10/1719616:01 Section 2.02 - Notice Prior to Filing Civil Action...................................................................................................... 13 Section 2.03 - Civil Action Against Declarant...........................................................................................................13 Section 2.04 - Budgets, Financial Statements and Documents.................................................................................. 14 Section 2.05 - Statements and Documents.................................................................................................................15 Section2.06 - Review of Accounts............................................................................................................................15 Section2.07 - Reserve Funds....................................................................................................................................16 Section2.08 - Power to Grant Rights........................................................................................................................ 17 Section 2.09 - Enforcement of Association Management Documents.........................................................................17 ARTICLEIII MEMBERSHIP....................................................................................................18 Section 3.01 -Membership ...................................................... Section3.02 - Transfer............................................................ Section 3.03 - Delegation of Membership Rights ...................... Section 3.04 - Classes of Membership ...................................... Section 3.05 - Allocation of Voting Power ............................... Section 3.06 - Vesting of Voting Rights ................................... Section 3.07 - Approval of All Members .................................. Section 3.08 - Special Benefits Area Approval ......................... Section 3.09 - Certificate Evidencing Approvals ...................... .................................................................................18 ................................................................................. is ........................................................... is .......................................................18 .......................................................18 ....................................................18 ....................................................19 .................................................... 19 .................................................... 19 ARTICLEIV ASSESSMENTS.............................................:............................:.....................19 Section4.01 - Agreement to Pay............................................................................................................................... 19 Section 4.02 - Collection and Disbursement.............................................................................................................. 19 Section4.03 - Assessment Changes.......................................................................................................................... 19 Section 4.04 - Assessment Allocation........................................................................................................................ 22 Section4.05 - Certificate of Payment........................................................................................................................ 23 Section4.06 - Exempt Property................................................................................................................................. 23 Section 4.07 - Date of Commencement..................................................................................................................... 23 Section4.08 - No Offsets.......................................................................................................................................... 24 Section4.09 - Homestead Waiver............................................................................................................................. 24 Section4.10 - Taxation of Association...................................................................................................................... 24 Section4.11 -Delinquency ....................................................................................................................................... 24 Section4,12 - Limitation on Fees.............................................................................................................................. 24 Section 4.13 - Personal Obligation; Lien................................................................................................................... 24 Section4.14 - Not Subject to Lien............................................................................................................................. 25 Section4.15 - Foreclosure Sale................................................................................................................................. 25 Section 4.16 - Subordination of Assessment Liens.................................................................................................... 25 ARTICLE V ARCHITECTURAL CONTROL........................................................................... 26 Section 5.01 - Architectural Committee.................................................................................................................... 26 Section 5.02 - Architectural Guidelines..................................................................................................................... 26 Section 5.03 - Functions of Architectural Committee................................................................................................ 27 Section5.04 - Approval Process................................................................................................................................ 27 Section 5.05 - Nonliability for Approval................................................................................................................... 28 Section5.06 - Exemption of Declarant...................................................................................................................... 28 Section5.07 - Evidence of Approval......................................................................................................................... 28 Section5.08 - Performance Dates............................................................................................................................. 29 Section5.09 -Nonconformity................................................................................................................................... 29 Section5.10 - Variances........................................................................................................................................... 30 ARTICLEVI INSURANCE...................................................................................................... 30 Section6.01 - Obligation to Insure............................................................................................................................30 OC DOCS\107065.4 iil 10/17/9616:01 5ection6.02 - Public Liability Insurance................................................................................................................... 30 Section 6.03 - Fire and Casualty Insurance............................................................................................................... 31 Section6.04 - Fidelity Insurance............................................................................................................................... 32 Section6.05 - Flood Insurance.................................................................................................................................. 33 Section 6.06 - Officer and Director Liability ............................................................................................................. 33 Section6.07 - Mortgagee Protection......................................................................................................................... 34 Section6.08 - Waiver by Owners.............................................................................................................................. 34 Section 6.09 - Annual Insurance Review................................................................................................................... 34 ARTICLE VII OBLIGATIONS OF DECLARANT.................................................................... 34 Section 7.01 - Enforcement of Bonded Obligations................................................................................................... 34 Section 7.02 - Subdivision Documents Provided by Declarant................................................................................... 35 ARTICLE VIII REPAIR AND MAINTENANCE ..................... ....................... 36 Section8.01 - By Association................................................................................................................................... 36 Section8.02 - By Owner........................................................................................................................................... 38 Section8.03 - Repair of Damage............................................................................................................................... 39 Section 8.04 - Noncompliance by Owner................................................................................................................... 39 Section 8.05 - Maintenance of Public Utilities........................................................................................................... 39 Section 8.06 - Transfer of Association Property......................................................................................................... 39 ARTICLE IX EASEMENTS AND RIGHTS.............................................................................. 40 Section9.01 - Nature of Easements........................................................................................................................... 40 Section 9.02 - Ingress and Egress over Private Streets............................................................................................... 40 Section 9.03 - Easements for Construction and Marketing Activities......................................................................... 40 Section9.04 - Easements for Owners........................................................................................................................ 41 Section9.05 - Sideyard Easements............................................................................................................................ 41 Section9.06 - Rights Under Chevron Agreement...................................................................................................... 43 Section 9.07 - Easements for Association.................................................................................................................. 44 Section 9.08 - Support, Settlement and Encroachment.............................................................................................. 44 Section9.09 - Utilities and Cable Television............................................................................................................. 45 Section 9.10 - Additional Exclusive Use Common Areas.......................................................................................... 46 Section9.11 - Clustered Mailboxes........................................................................................................................... 46 Section9.12 - Subordination..................................................................................................................................... 46 Section9.13 - Delegation of Use............................................................................................................................... 46 Section9.14 - Waiver of Use..................................................................................................................................... 46 ARTICLEX USE RESTRICTIONS.........................................................................................47 Section10.01 - Commercial Use................................................................................................... Section10.02 - Signs.................................................................................................................... Section10.03 - Nuisance.............................................................................................................. Section 10.04 - Temporary Residences.......................................................................................... Section10.05 -Vehicle ................................................................................................................. Section 10.06 - Use of Association Property .................................................................................. Section10.07 - Animals................................................................................................................ Section 10.08 - Restrictions on Drilling Operations...................................................................... Section10.09 - Unsightly Items.................................................................................................... Section 10.10 - Antennae: Satellite Dish....................................................................................... Section 10.11 - Solar Energy Systems........................................................................................... Section 10.12 - Other Roof Structures........................................................................................... Section10.13 -Drainage .............................................................................................................. Section10.14 - Garages................................................................................................................ ............... 47 ............... 47 ............... 47 ............... 47 ............... 47 ............... 48 ............... 48 ............... 48 ............... 48 ............... 49 ............... 49 ............... 50 ............... 51 ............... 51 OC DOCS1107065.4 1V 10/1719616.01 5ection10.15 - Window Covers................................................................................................................................ 51 Section 10.16 - California Vehicle Code................................................................................................................... 51 Section10.17 - Leases.............................................................................................................................................. 51 Section10.18 - View................................................................................................................................................. 51 Section10.19 - Post Tension Slabs............................................................................................................................ 52 Section 10.20 - Environmental Site Assessment and Investigation............................................................................ 52 ARTICLE XI DESTRUCTION OF IMPROVEMENTS............................................................. 53 Section11.01 -Definitions.......................................................................................................................................53 Section11.02 - Board Action.................................................................................................................................... 54 Section11.03 -Reconstruction .................................................................................................................................. 54 Section 11.04 -Proceeds of Insurance....................................................................................................................... 55 Section 11.05 - Reconstruction Assessments............................................................................................................. 55 Section 11.06 - Compliance with Plans..................................................................................................................... 55 Section 11.07 - Determination of Allocable Proceeds................................................................................................ 55 Section 11.08 - Distribution of Insurance Proceeds.................................................................................................... 55 Section 11.09 -Payment of Mortgagees.................................................................................................................... 56 ARTICLE XII EMINENT DOMAIN........................................................................................... 56 Section12.01 - Definitions....................................................................................................................................... 56 Section 12.02 - Representation of Declarant.............................................................................................................. 57 Section12.03 -Representation by Board...................................................................................................................57 Section12.04 - Award.............................................................................................................................................. 57 Section12.05 - Inverse Condemnation...................................................................................................................... 57 ARTICLE XIII PARTY WALLS................................................................................................ 57 Section13.01 -Definition......................................................................................................................................... 57 Section13.02 - Use................................................................................................................................................... 57 Section 13.03 - Sharing of Repair and Maintenance.................................................................................................. 58 Section13.04 -Destruction....................................................................................................................................... 58 Section 13.05 - Right to Contribution Runs With Land............................................................................................. 58 Section13.06 - Arbitration....................................................................................................................................... 58 ARTICLE XIV ANNEXATIONS...................................................................... Section14.01 -Plan of Development........................................................................................................................ 58 Section 14.02 - Annexation Without Approval.......................................................................................................... 58 Section 14.03 - Annexation Pursuant to Approval..................................................................................................... 59 Section 14.04 - Effectuation of Annexation............................................................................................................... 59 Section 14.05 - Mergers or Consolidations................................................................................................................ 59 Section14.06 - Deannexation................................................................................................................................... 60 ARTICLE XV MORTGAGEE PROTECTION.......................................................................... 60 Section 15.01 - Priority of Mortgage Lien................................................................................................................. 60 Section15.02 - Curing Defaults................................................................................................................................ 61 Section15.03 - Resale............................................................................................................................................... 61 Section 15.04 - Mortgagees Furnishing Information................................................................................................. 61 Section13.05 - Conflicts........................................................................................................................................... 61 Section 15.06 - Federal Agency Agreement............................................................................................................... 61 ARTICLE XVI GENERAL PROVISIONS................................................................................ 61 Section 16.01 - Enforcement.......... 61 OC DOCS\107065.4 v 10/1719616:01 5ection16.02 - No Waiver............................................................................................................ Section 16.03 - Cumulative Remedies........................................................................................... Section16.04 - Severability.......................................................................................................... Section16.05 - Term.................................................................................................................... Section16.06 - Construction......................................................................................................... Section 16.07 - Singular Includes Plural....................................................................................... Section16.08 - Nuisance.............................................................................................................. Section16.09 - Attorneys' Fees..................................................................................................... Section16.10 - Notices................................................................................................................. Section 16.11 - Conflicts Between Documents.............................................................................. Section 16.12 - Effect of Declaration............................................................................................. Section 16.13 -Personal Covenant................................................................................................ Section 16.14-Nonliability of Officials........................................................................................ Section 16.15 - Construction By Declarant.................................................................................... Section16.16 - Special Rights...................................................................................................... Section 16.17 - Inapplicability to Government Property ................................................................ ............ 64 ............ 64 ............ 64 ............ 64 ............ 64 ............ 64 ............ 64 ............ 64 ............ 64 ............ 65 ............ 65 ............ 65 ............ 65 ............ 65 ............ 66 ............ 66 ARTICLE XViI AMENDMENT PROVISIONS.......................................................................... 66 Section17.01 - Vote of Association.......................................................................................................................... 66 Section17.02 - Petition to Amend............................................................................................................................. 67 Section 17.03 - Amendments by Declarant ... :............. :.............................................................................................. 67 ARTICLE XVIII CALIFORNIA COASTAL COMMISSION REQUIREMENTS ......................... 67 Section 18.01 - Coastal Development Permit Conditions........................................................................................... 67 Section18.02 -Deed Restrictions.............................................................................................................................. 67 Section 18.03 - Coastal Sage Scrub Restoration and Revegetation Plan ..................................................................... 68 Section 18.04 - Geologic Recommendations.............................................................................................................. 68 Section 18.05 - Native American and Archaeological Monitor.................................................................................. 68 Section 18.06 - Notification of Native American Heritage Commission..................................................................... 68 Section18.07 - Conflict............................................................................................................................................ 68 ARTICLE XIX REQUIREMENTS OF OTHER PUBLIC AGENCIES ....................................... 69 Section 19.01- Conditions of Approval.................................................................................................................... 69 Section19.02 - Detention Basin................................................................................................................................ 69 Section 19.03 -Best Management Practices..............................................................................................................69 Section 19.04 - Modification of Emergency Access Easement Area........................................................................... 70 Section 19.05 - Subordination of Easements..............................................................................................................70 Section19.06 - Conflict............................................................................................................................................ 70 Section 19.07 - Amendment; Approval by City......................................................................................................... 70 ARTICLE XX COMMUNITY INFORMATION.......................................................................... 70 Section 20.01 - Acceptance and Agreement Section 20.02 - Contiguous Area Map......... Section 20.03-Declarant's Improvements .. Section 20.04 - Owner Improvements ........ Section 20.05 - Matters of Record .............., .70 .70 ............... 71 ............... 72 ............... 73 OC DOCS\107065.4 Vi 10/1719616:01 RECORDING REQUESTED BY: FIRST AMERICAN TITLE INS. CO. AFTER RECORDING MAIL TO: LATHAM & WATKINS 650 Town Center Drive 20th Floor Costa Mesa, CA 92626-1925 Attn: Dorothv A. Urbanec Recorded in the County of Orange, California 19960474733 04:30PM 09/17/98 006 12013477 12 22 002 S12 115 0 14.00 0.00 342.00 0.00 0.00 0.00 0.00 0.00 0.00 0 DECLARATION OF �� COVENANTS, CONDITIONS AND RESTRICTIONS HARBOR COVE D ORANGE COUNTY, CALIFORNIA I II Table of Contents -I Page 14/ ARTICLEI DEFINITIONS......................................................................................................... I Section1.01 - Allowable Charges............................................................................................................................... 2 Section 1.02 - Annexation Prooertv............................................................................................................................. 2 Section1.03 - Annexed Property ................................................................................................................................. 2 Section 1.04 - Architectural Committee...................................................................................................................... 2 Section 1.05 - Architectural Guidelines....................................................................................................................... 2 Section1.06 - Articles and Bylaws.............................................................................................................................. 2 Section1.07 -Assessments.........................................................................................................................................2 Section1.08 - Association...........................................................................................................................................3 Section1.09 - Association Maintenance Areas............................................................................................................ 3 Section 1.10 - Association Management Documents................................................................................................... 3 Section1.11- Association Property; Common Area.................................................................................................... 3 Section1.12 - Association Rules.................................................................................................................................4 Section1.13 -Board...................................................................................................................................................4 Section1.14 - Bridge.................................................................................................................................................. 4 Section1.15 - California Statutes................................................................................................................................ 4 Section1.16 - Chevron Agreement............................................................................................................................. 4 Section1.17 - City......................................................................................................................................................4 Section1.18 - Class A Members................................................................................................................................. 4 Section1.19 - Class B Member................................................................................................................................... 4 Section1.20 - Close of Escrow.................................................................................................................................... 4 Section1.21 - Common Expenses............................................................................................................................... 4 Section1.22 - Common Facilities............................................................................................................................... 5 Section 1.23- Common Interest Development............................................................................................................. 5 Section1.24 - Common Landscape Maintenance Areas.............................................................................................. 5 Section1.25 - County ................................................................................................................................................. 6 Section1.26 - Covered Property.................................................................................................................................. 6 Section1.27 - Declarant..............................................................................................................................................7 OC DOCS1107065.4 THIS INSTRUMENTISRECORDED INTHE COUNTY OFORANGE AT TIIEREQUESTOFFIRST 0811519614:23 AMERICAN TITLE INSURANCE COMPANY AS AN ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON TUE TITLE. 5ection1.28 - Declaration........................................................................................................................................... 7 Section1.29 -Deed Restrictions................................................................................................................................. 7 Section1.30 - Detention Basin....................................................................................................................................7 Section1.3 1 -Development ........................................................................................................................................7 Section 1.32 - Drainage Easement Area......................................................................................................................7 Section1.33 DRE - .....................................................................................................................................................7 Section 1.34 - Emergency Access Easement Area....................................................................................................... 7 Section 1.35 - Entry Monument Improvements...........................................................................................................7 Section 1.36 - Exclusive Use Association Area............................................................................................................ 8 Section1.37 - Exclusive Use Association Area Improvements..................................................................................... 8 Section1.38 - Exclusive Use Common Area............................................................................................................... 8 Section1.39 - Exclusive Use Separate Interest Area.................................................................................................... 8 Section1.40 - Exhibit................................................................................................................................................. 8 Section1.41- Federal Agencies ..................................................................................................................................9 Section1.42 - Final Subdivision Public Report ............................................................................................................ 9 Section1.43 -Habitat Mitigation Areas......................................................................................................................9 Section1.44 - Improvement........................................................................................................................................ 9 Section 1.45 - Insured Improvements.......................................................................................................................... 9 Section 1.46 - Landscaping Improvements.................................................................................................................. 9 Section1.47 - Lot.....................................................................................................................................................10 Section1.48 - Member.............................................................................................................................................. 10 Section 1.49 - Mortgage and Mortgagee.................................................................................................................... 10 Section 1.50 - Nonexclusive Use Common Area.......................................................................................................10 Section 1.51 - Notice of Violation of Restrictions......................................................................................................10 Official Records Section1.52 - ..................................................................................................................................10 Section 1.53 - Original Separate Interest...................................................................................................................10 Owner Section1.54 - ................................................................................................................................................10 Section1.55 -Perimeter Walls..................................................................................................................................11 Section1.56 -Phase ..................................................................................................................................................11 Private Street I I Section1.57 - ...................................................................................................................................... Section1.58 - Pro Forma Operating Budget.............................................................................................................. I I Protected Land Section1.59 - ...................................................................................................................................12 Agency Section1.60 -Public ....................................................................................................................................12 Residence Section1.61- ...........................................................................................................................................12 Section1.62 - Separate Interest.................................................................................................................................12 Section1.63 - Sideyard Easement............................................................................................................................. 12 Section1.64 - Sideyard Easement Area.....................................................................................................................12 Section1.65 - Special Benefits Area.........................................................................................................................12 Section 1.66 - Special Benefits Common Area..........................................................................................................12 Section1.67 - Special Benefits Common Facilities....................................................................................................12 Section1.68 - Special Benefits Services....................................................................................................................13 Section1.69 - Special Benefits Expenses..................................................................................................................13 Section 1.70 - Special Benefits Common Areas......................................................................................................... 13 Section1.71 - Storm Drain Improvements................................................................................................................13 Section1.72 - Subdivision Map................................................................................................................................ 13 Section 1.73 - Supplementary Declaration. ................................................................................................................ 14 Section1.74 - TIC....................................................................................................................................................14 Section1.75 - TIC Agreement.................................................................................................................................. 14 Section1.76 -TIC Property......................................................................................................................................14 Section1.77 - Wetlands............................................................................................................................................14 ARTICLEII THE ASSOCIATION............................................................................................'14 Section2.01- General Duties and Powers.................................................................................................................14 OC DOM107065.4 Il 08/15/9614:23 Section 2.02 - Notice Prior to Filing Civil Action......................................................................................................15 Section2.03 - Civil Action Against Declarant........................................................................................................... 15 Section 2.04 - Budgets, Financial Statements and Documents...................................................................................15 Section2.05 - Statements and Documents................................................................................................................. 17 Accounts 17 Section2.06 - Review of ............................................................................................................................ Section2.07 - Reserve Funds.................................................................................................................................... IS Section2.08 - Power to Grant Rights........................................................................................................................ 19 Section 2.09 - Enforcement of Association Management Documents.........................................................................19 ARTICLE III MEMBERSHIP....................................................................................................19 Section3.01 -Membership .......................................................................................................................................19 Section3.02 - Transfer.............................................................................................................................................19 Section 3.03 - Delegation of Membership Rights....................................................................................................... 20 Section3.04 - Classes of Membership....................................................................................................................... 20 Section3.05 - Allocation of Voting Power................................................................................................................ 20 Section3.06 - Vesting of Voting Rights.................................................................................................................... 20 Section3.07 - Approval of All Members................................................................................................................... 20 Section 3.08 - Special Benefits Area Approval.......................................................................................................... 20 Section3.09 - Certificate Evidencing Approvals....................................................................................................... 21 ARTICLEIV ASSESSMENTS................................................................................................ 21 Section4.01 - Agreement to Pay............................................................................................................................... 21 Section 4.02 - Collection and Disbursement.............................................................................................................. 21 Section 4.03 - Assessment Changes.......................................................................................................................... 21 Section 4.04 - Assessment Allocation........................................................................................................................ 23 Section4.05 - Certificate of Payment........................................................................................................................ 24 Section4.06 - Exempt Property................................................................................................................................. 24 Section4.07 - Date of Commencement..................................................................................................................... 25 Section4.08 - No Offsets.......................................................................................................................................... 25 Section4.09 -Homestead Waiver............................................................................................................................. 25 Section4.10 - Taxation of Association...................................................................................................................... 25 Section4. 11 -Delinquency ....................................................................................................................................... 26 Section4.12 - Limitation on Fees.............................................................................................................................. 26 Section 4.13 - Personal Obligation; Lien................................................................................................................... 26 Section4.14 - Not Subject to Lien............................................................................................................................. 27 Section4.15 - Foreclosure Sale................................................................................................................................. 27 Section 4.16 - Subordination of Assessment Liens.................................................................................................... 27 ARTICLE V ARCHITECTURAL CONTROL........................................................................... 28 Section 5.01- Architectural Committee.................................................................................................................... 28 Cectinn 5.02 - Architectural Guidelines..................................................................................................................... 28 Section5.03 - Functions of Architectural Committee................................................................................................ 29 Section5.04 - Approval Process................................................................................................................................ 29 Section5.05 - Nonliability for Approval................................................................................................................... 30 Section5.06 - Exemption of Declarant...................................................................................................................... 30 Section5.07 - Evidence of Approval......................................................................................................................... 30 Section5.08 - Performance Dates............................................................................................................................. 31 Section5.09 -Nonconformity ................................................................................................................................... 31 Section5.10 -Variances ........................................................................................................................................... 32 ARTICLEVI INSURANCE...................................................................................................... 32 Section6.01 - Obligation to Insure............................................................................................................................ 32 OC DOCS\107065.4 111 0811519614:23 5ection6.02 - Public Liability Insurance................................................................................................................... 32 Section 6.03 - Fire and Casualty Insurance............................................................................................................... 33 Section6.04 - Fidelity Insurance............................................................................................................................... 34 Section6.05 - Flood Insurance.................................................................................................................................. 35 Section6.06 -Officer and Director Liability............................................................................................................. 35 Section6.07 - Mortgagee Protection......................................................................................................................... 36 Section6.08 - Waiver by Owners.............................................................................................................................. 36 Section 6.09 - Annual Insurance Review................................................................................................................... 36 ARTICLE VII OBLIGATIONS OF DECLARANT.................................................................... 37 Section 7.01 -Enforcement of Bonded Obligations................................................................................................... 37 Section7.02 - Subdivision Documents Provided by Declarant ................................................................................... 37 ARTICLE VIII REPAIR AND MAINTENANCE........................................................................ 38 Section8.01 - By Association................................................................................................................................... 38 Section8.02 - By Owner........................................................................................................................................... 40 Section8.03 - Repair of Damage............................................................................................................................... 41 Section 8.04 - Noncompliance by Owner................................................................................................................... 41 Section8.05 - Maintenance of Public Utilities........................................................................................................... 41 Section8.06 - Transfer of Association Property......................................................................................................... 42 ARTICLE IX EASEMENTS AND RIGHTS..............................................................................42 Section9.01- Nature of Easements........................................................................................................................... 42 Section9.02 - Ingress and Egress over Private Streets............................................................................................... 42 Section 9.03 - Easements for Construction and Marketing Activities......................................................................... 42 Section9.04 - Easements for Owners........................................................................................................................ 43 Section9.05 - Sideyard Easements............................................................................................................................ 44 Section 9.06 - Rights Under Chevron Agreement...................................................................................................... 46 Section 9.07 - Easements for Association.................................................................................................................. 46 Section 9.08 - Support, Settlement and Encroachment.............................................................................................. 47 Section 9.09 - Utilities and Cable Television............................................................................................................. 48 Section 9.10 - Additional Exclusive Use Common Areas.......................................................................................... 48 Section9.11- Clustered Mailboxes........................................................................................................................... 48 Section9.12 - Subordination..................................................................................................................................... 49 Section9.13 - Delegation of Use............................................................................................................................... 49 Section9.14 - Waiver of Use..................................................................................................................................... 49 ARTICLEX USE RESTRICTIONS.........................................................................................49 Section10.01- Commercial Use............................................................................................................................... 49 Section10.02 - Signs................................................................................................................................................ 49 Section10.03 - Nuisance.......................................................................................................................................... 50 Section10.04 - Temporary Residences...................................................................................................................... 50 Section10.05 - Vehicle............................................................................................................................................. 50 Section 10.06 - Use of Association Property.............................................................................................................. 51 Section10.07 - Animals............................................................................................................................................ 51 Section10.08 - Restrictions on Drilling Operations.................................................................................................. 51 Section10.09 - Unsightly Items................................................................................................................................ 51 Section 10.10 - Antennae; Satellite Dish................................................................................................................... 51 Section10.11 - Solar Energy Systems....................................................................................................................... 52 Section10.12 - Other Roof Structures....................................................................................................................... 53 Section10.13 -Drainage .......................................................................................................................................... 53 Section10.14 - Garages............................................................................................................................................ 53 OC DOCS\107065.4 iv 08/15/9614:23 5ection10.15 -Window Covers................................................................................................................................ 54 Section10.16 - California Vehicle Code................................................................................................................... 54 Section10.17 -Leases .............................................................................................................................................. 54 Section10.18 - View................................................................................................................................................. 54 Section10.19 - Post Tension Slabs............................................................................................................................ 54 Section10.20 - Environmental Site Assessment and Investigation............................................................................ 54 ARTICLE XI DESTRUCTION OF IMPROVEMENTS............................................................. 56 Section11.01 - Definitions....................................................................................................................................... 56 Section11.02 - Board Action.................................................................................................................................... 56 Section11.03 - Reconstruction.................................................................................................................................. 57 Section11.04 - Proceeds of Insurance....................................................................................................................... 57 Section 11.05 - Reconstruction Assessments............................................................................................................. 58 Section 11.06 - Compliance with Plans..................................................................................................................... 58 Section 11.07 - Determination of Allocable Proceeds................................................................................................ 58 Section11.08 - Distribution of Insurance Proceeds.................................................................................................... 58 Section 11.09 - Payment of Mortgagees.................................................................................................................... 59 ARTICLE XII EMINENT DOMAIN........................................................................................... 59 Section12.01 -Definitions.......................................................................................................................................59 Section 12.02 - Representation of Declarant.............................................................................................................. 59 Section12.03 -Representation by Board...................................................................................................................59 Section12.04 - Award......................................................... :.................................................................................... 60 Section 12.05 - Inverse Condemnation...................................................................................................................... 60 ARTICLEXIII PARTY WALLS................................................................................................ 60 Section13.01 - Definition......................................................................................................................................... 60 Section13.02 - Use................................................................................................................................................... 60 Section13.03 - Sharing of Repair and Maintenance.................................................................................................. 60 Section13.04 - Destruction....................................................................................................................................... 61 Section 13.05 - Right to Contribution Runs With Land............................................................................................. 61 Section13.06 - Arbitration....................................................................................................................................... 61 ARTICLEXIV ANNEXATIONS............................................................................................... 61 Section14.01- Plan of Development........................................................................................................................ 61 Section 14.02 - Annexation Without Approval.......................................................................................................... 61 Section 14.03 - Annexation Pursuant to Approval..................................................................................................... 62 Section 14.04 - Effectuation of Annexation............................................................................................................... 62 Section 14.05 - Mergers or Consolidations................................................................................................................ 62 Section14.06-Deannexation................................................................................................................................... 63 ARTICLE XV MORTGAGEE PROTECTION.......................................................................... 63 Section15.01 - Priority of Mortgage Lien................................................................................................................. 63 Section15.02 - Curing Defaults................................................................................................................................ 64 Section15.03 -Resale............................................................................................................................................... 64 Section 15.04 - Mortgagees Furnishing Information................................................................................................. 64 Section15.05 - Conflicts........................................................................................................................................... 64 Section15.06 - Federal Agency Agreement............................................................................................................... 64 ARTICLE XVI GENERAL PROVISIONS................................................................................ 64 Section16.01- Enforcement..................................................................................................................................... 64 OC DOCM107065.4 v 081151961423 5ection16.02 - No Waiver........................................................................................................................................ 67 Section16.03 - Cumulative Remedies....................................................................................................................... 67 Section16.04 - Sevembility ...................................................................................................................................... 67 Section16.05 - Term................................................................................................................................................ 67 Section16.06 - Construction..................................................................................................................................... 67 Section 16.07 - Singular Includes Plural................................................................................................................... 67 Section16.08 -Nuisance .......................................................................................................................................... 67 Section16.09 - Attorneys' Fees................................................................................................................................. 67 Section16.10 - Notices............................................................................................................................................. 67 Section 16.11 - Conflicts Between Documents.......................................................................................................... 68 Section16.12 - Effect of Declaration......................................................................................................................... 68 Section16.13 - Personal Covenant............................................................................................................................ 68 Section 16.14 - Nonliability of Officials.................................................................................................................... 68 Section 16.15 - Construction By Declarant................................................................................................................ 68 Section16.16 - Special Rights.................................................................................................................................. 69 Section16.17 - Inapplicability to Government Property ............................................................................................ 69 ARTICLE XVII AMENDMENT PROVISIONS.......................................................................... 69 Section17.01- Vote of Association.......................................................................................................................... 69 Section17.02 - Petition to Amend............................................................................................................................. 70 Section 17.03 -Amendments by Declarant ................................................................................................................ 70 ARTICLE XVIII CALIFORNIA COASTAL COMMISSION REQUIREMENTS ......................... 70 Section 18.01 - Coastal Development Permit Conditions........................................................................................... 70 Section18.02 - Deed Restrictions.............................................................................................................................. 71 Section 18.03 - Coastal Sage Scrub Restoration and Revegetation Plan ..................................................................... 71 Section 18.04 - Geologic Recommendations.............................................................................................................. 71 Section 18.05 - Native American and Archaeological Monitor.................................................................................. 71 Section 18.06 - Notification of Native American Heritage Commission..................................................................... 71 Section18.07 - Conflict............................................................................................................................................ 72 ARTICLE XIX REQUIREMENTS OF OTHER PUBLIC AGENCIES ....................................... 72 Section19.01 - Conditions of Approval.................................................................................................................... 72 Section19.02 - Detention Basin................................................................................................................................ 72 Section19.03 - Best Management Practices.............................................................................................................. 72 Section 19.04 - Modification of Emergency Access Easement Area........................................................................... 73 Section 19.05 - Subordination of Easements.............................................................................................................. 73 Section19.06 - Conflict............................................................................................................................................ 73 Section 19.07 - Amendment; Approval by City ......................................................................................................... 73 ARTICLE XX COMMUNITY INFORMATION.......................................................................... 74 74 Section 20.01 - Acceptance and Agreement.............................................................................................................. Section20.02 - Contiguous Area Map....................................................................................................................... 74 74 Section 20.03 - Declarant's Improvements................................................................................................................ 75 Section20.04 - Owner Improvements....................................................................................................................... Section20.05 - Matters of Record............................................................................................................................. 76 OC DOCS\107065.4 Vi 0911519614:23 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS HARBOR COVE ORANGE COUNTY, CALIFORNIA THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration") is made this jL ay of _&Q m:sf- 19� gt by Standard Pacific Corp., a Delaware corporation (the "Declarant"). All terms uk6d in this Declaration shall mean the same as such terms are hereinafter defined in this Declaration unless the context clearly indicates otherwise. RECITALS A Declarant is the fee owner of certain real property (the "Initial Covered Property") located in the City of Newport Beach, County of Orange, State of California, and described as follows: Lots 3 to 25, inclusive, and Lots A to E, inclusive, of Tract No. 15222 (hereinafter "Tract No. 15222") filed for record in Book 733, Pages 18 to 22, inclusive, of Miscellaneous Maps, records of said County. B. It is the desire and intention of Declarant to create a Common Interest Development pursuant to Section 1350 et sea. of the California Civil Code (the "Davis -Stirling Common Interest Development Act") as a Planned Development by subdividing the Covered Property into Separate Interests and Association Property and to establish covenants, conditions, restrictions, rights, easements, liens and charges which will constitute a general scheme for the management, use, occupancy and enjoyment of the Covered Property, all running with the Covered Property for the purpose of enhancing and protecting the value, desirability and attractiveness of the Covered Property and enhancing the quality of life within the Covered Property. The Common Interest Development shall be created when a Separate Interest coupled with membership in the Association is, or has been, conveyed provided that this Declaration and a Subdivision Map are recorded in the Official Records for the Common Interest Development. C. All persons who purchase Separate Interests within the Covered Property shall be Owners and Members. NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of the Covered Property shall be held and conveyed subject to the following covenants, conditions, restrictions, rights, easements, liens and charges which are hereby declared to be for the benefit,of said interests and shall be enforceable equitable servitudes and shall inure to the benefit of and bind all Owners in accordance with California Civil Code Section 1354 and shall be binding upon all parties having or acquiring any right or title in said interests or any part thereof, and shall inure to the benefit of each Owner thereof and are imposed upon said interests and every part thereof as a servitude in favor of each and every of said interests as the dominant tenement or tenements. ARTICLE I DEFINITIONS Unless the context clearly indicates otherwise, the following terms used in this Declaration are defined as follows: OC DOCS\107065.4 0811519614:23 Section 1.01- Allowable Charges. "Allowable Charges" shall mean the costs, late charges and interest in the amounts permitted by Section 1366(d) of the California Civil Code which may be recovered by the Association when any Assessment becomes delinquent which, as of the date hereof, permits a) reasonable costs incurred in collecting delinquent Assessments including reasonable attorneys' fees, (b) a late charge not exceeding ten percent (10%) of the delinquent Assessments or Ten Dollars ($10), whichever is greater, and (c) interest on all sums Imposed in accordance with this Section, including the delinquent Assessment, reasonable costs of collection and late charges, at an annual percentage rate not to exceed twelve percent (12%) interest, commencing not sooner than thirty (30) days after the Assessment becomes due. The Association shall be exempt from compliance with the interest rate limitations imposed under Article XV of the California Constitution until and unless Section 1366(e) of the California Civil Code is amended to provide otherwise. Section 1.02 - Annexation Property. "Annexation Property" shall mean the Development, excepting therefrom the Initial Covered Property. Section 1.03 - Annexed Pronertv. "Annexed Property" shall mean any property that is described in a Supplementary Declaration that has been recorded in the Official Records and has become a part of the Covered Property. Section 1.04 - Architectural Committee. "Architectural Committee" shall mean the committee or committees provided for in the Article hereof entitled "Architectural Control." Section 1.05 - Architectural Guidelines. "Architectural Guidelines" shall mean the architectural and design guidelines, rules, regulations, limitations and restrictions adopted pursuant to the Article entitled "Architectural Control" of this Declaration for the construction, reconstruction, modification, alteration and maintenance of Improvements within the Covered Property. Section 1.06 - Articles and Bylaws. "Articles" and "Bylaws" shall mean the Articles of Incorporation and Bylaws of the Association as the same may from time to time be duly amended. Section 1.07 - Assessments. "Assessments" shall mean each of the charges levied by the Board pursuant to the provisions of the Association Management Documents for the purposes indicated below: (a) Cable Television Service Assessment for cable television services which may be levied against an Owner who has subscribed for such services; (b) Capital Improvement Assessment levied against an Owner in any calendar year applicable to that year only for the purpose of defraying, in whole or in part, the cost of any installation, construction or replacement of a described capital Improvement upon the Association Property to the extent the same is not covered by Reconstruction Assessments, including the necessary fixtures and personal property related thereto; (c) Penalty Assessment levied against an Owner as a monetary penalty as a disciplinary measure for failure of such Owner to comply with the provisions of the Association Management Documents or bringing such Owner and his Separate Interest into compliance with the provisions of the Association Management Documents; (d) Reconstruction Assessment levied against an Owner to cover the cost to the Association for the repair, replacement or reconstruction of any portion or portions of the Insured Improvements pursuant to the provisions of the Article entitled "Destruction of Improvements" of this Declaration, (e) Regular Assessment levied against each Owner for such Owner's proportionate share of the estimated Common Expenses for the forthcoming fiscal year; OC DOCS\107065.4 2 0811519614:23 (f) Reimbursement Assessment levied against an Owner as a means of reimbursing the Association for costs incurred by the Association in the repair of damage for which the Owner was allegedly responsible to Association Property that is being maintained by the Association pursuant to the provisions of this Declaration; (g) Special Assessment levied against an Owner to cover the cost of any action or undertaking on behalf of the Association which is not specifically covered under any other Assessment. In the event the Association undertakes to provide materials or services which benefit a particular Owner, such Owner in accepting such materials and services agrees that the cost thereof shall also be a Special Assessment; and (h) Special Benefits Assessment levied against an Owner and such Owner's Separate Interest within a particular Special Benefits Area representing such Owner's proportionate share of the Special Benefits Expenses for such Special Benefits Area. Section 1.08 - Association. "Association" shall mean Harbor Cove Community Association, a nonprofit mutual benefit corporation incorporated under the laws of the State of California, its successors and assigns, for the purpose of managing the Common Interest Development. Section 1.09 - Association Maintenance Areas. "Association Maintenance Areas" shall mean the rti poons of the Separate Interests within the Covered Property and any other real property that contain Improvements required to be maintained by the Association pursuant to the provisions of this Declaration that are depicted on an Exhibit attached hereto, the provisions of a Supplementary Declaration that are depicted on an Exhibit attached thereto, or the provisions of an easement that are described and/or depicted on an Exhibit attached thereto which may include, but shall not be limited to, Landscaping Improvements within Common Landscape Maintenance Areas within the Covered Property and TIC Property, Special Benefits Common Area within the Covered Property, Storm Drain Improvements within Drainage Easement Areas within the Covered Property and the TIC Property, Perimeter Walls, and, any Wetlands within the Covered Property and the TIC Property. Section 1.10 - Association Management Documents. "Association Management Documents" shall mean the Articles, Bylaws, Architectural Guidelines, Declaration, Supplementary Declaration and the Association Rules and any amendments to any of the foregoing. Section 1.11 -Association Property, Common Area. "Association Property" or "Common Area" shall mean the real property and the Improvements thereon acquired by the Association in fee, by easement or by lease for the common use and enjoyment of its Members. The Association shall acquire in fee prior to the first Close of Escrow to occur for the sale of a Separate Interest within the First Phase, the following: (a) Lots A, B and E which are the Private Street within the Initial Covered Property; and (b) Lots C and D. Additional Association Property may be annexed to the plan of this Declaration by the recordation of a Supplementary Declaration pursuant to the provisions of the Article entitled "Annexations" of this Declaration. Section 1.12 - Association Rules. "Association Rules" shall mean rules adopted, amended and repealed from time to time by the Board pursuant to the Article entitled "Discipline of Members" of the Bylaws. Section 1.13 - Board. "Board" shall mean the Board of Directors of the Association. OC DOCS\107065.4 3 0911519614:23 Section 1.14 Bridge. "Bridge" shall mean the bridge and appurtenant support structures constructed by the Declar-ant within the Association Property to provide a means of access to the other portions of the Covered Property. Section 1.15 -California Statutes. References in the Association Management Documents to any particular Section or Sections of the California Business and Professions Code, California Civil Code, California Code of Civil Procedure, California Corporations Code, California Insurance Code or California Government Code shall mean such Section or Sections of such Codes of the State of California, and any amendments thereto or any Section 1.16 - Chevron Agreement. "Chevron Agreement' shall mean the Owner Indemnity Agreement between Chevron U.S.A. Inc., a Pennsylvania corporation and Standard Pacific Corp., a Delaware corporation, executed on March 15, 1996, a copy of which is attached hereto as Exhibit H. Section 1.17 - City. "City" shall mean the City of Newport Beach, California, a municipal corporation of the State of California. Section 1.18 - Class A Members. "Class A Members" shall mean all Owners with the exception of Declarant until the Class B membership has been converted to Class A membership and after such conversion all Owners shall be Class A Members. Section 1.19 - Class B Member. "Class B Member" shall mean Declarant until such time as the Class B membership terminates and is converted to Class A membership. Section 1.20 - Close of Escrow. "Close of Escrow" shall mean the date of the recordation in the Official Records of the conveyance of a Separate Interest within a Phase in a transaction that requires the delivery of a Final Subdivision Public Report. Section 1.21- Common Expenses. "Common Expenses" shall mean the actual and estimated costs or amounts established by the Board, other than costs apportioned to a Special Benefits Area as Special Benefits Expenses, which are to be allocated to all of the Owners to be paid for: (a) maintenance, management, operation, repair and replacement of all real property and the Improvements thereon which the Association is obligated to maintain pursuant to the provisions of the Association Management Documents; (b) unpaid Capital Improvement Assessments, Reconstruction Assessments, Regular Assessments, Reimbursement Assessments and Special Assessments; (c) management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and employees; (d) to the extent not metered or billed to Owners, utilities, trash pickup and disposal, gardening and other services which generally benefit and enhance the value and desirability of the Covered Property; (e) premiums on all insurance maintained by the Association pursuant to the Article entitled "Insurance" of this Declaration (except for fidelity insurance obtained by a management agent for its officers, employees and agents); (f) adequate reserves to cover the deductible amounts of any insurance policies maintained by the Association and for the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain pursuant to this Declaration, including reserves for OC DOCSU07065.4 4 0811519614:23 replacements for structural elements and mechanical equipment of recreational or other facilities maintained by the Association; (g) taxes paid by the Association; (h) discharge of any lien or encumbrance levied against the Association Property or portions thereof; (i) expenses incurred by committees established by the Board; 0) security gates and other security systems or services installed by or contracted for by the Association; and (k) other expenses incurred by the Association for any reason whatsoever in connection with the Association Property that is being maintained by the Association pursuant to the provisions of this Declaration or the costs of any other item or items designated by the Association Management Documents, or in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association. Section 1.22 - Common Facilities. "Common Facilities" shall mean the Improvements upon or within the Nonexclusive Use Common Area that are intended for the common use and enjoyment of all Members of the Association and specifically excludes Exclusive Use Association Area Improvements and Special Benefits Common Facilities. Section 1.23- Common Interest Development. "Common Interest Development" shall mean, as defined in Section 1351(c)(3) of the California Civil Code, the planned development created pursuant to Section 1350 et M. of the California Civil Code (the "Davis -Stirling Common Interest Development Act") upon the Covered Property pursuant to the provisions of this Declaration and the other Association Management Documents. Section 1.24 - Common Landscape Maintenance Areas. "Common Landscape Maintenance Areas" shall mean as follows: (a) that portion of the Covered Property described as such in this Declaration and depicted on an Exhibit attached hereto, in a Supplementary Declaration and depicted on an Exhibit attached thereto, or on a Subdivision Map; and (b) that portion of the TIC Property described as such in an easement in favor or, or transferred and assigned to, the Association and depicted on an Exhibit attached thereto and described in this Declaration or any Supplementary Declaration. Section 1.25 - County. "County" shall mean the County of Orange, State of California. Section 1.26 - Covered Property. "Covered Property" shall mean the Initial Covered Property and, subsequent to the annexation thereof, any Annexed Property. "Covered Property" shall also be deemed to include any portion of a lot or parcel that by virtue of the recordation of a lot line adjustment and a quitclaim deed in the Official Records in favor of the Owner or the Association is comprised in part of real property that was specifically encumbered by the Declaration by the recordation of the Declaration or any Supplementary Declaration and a portion of a contiguous lot that was not encumbered by the Declaration or a Supplementary Declaration. OC DOCS\107065.4 5 08/15/9614:23 Section 1.27 - Declarant. "Declarant" shall mean: (a) Standard Pacific Corp., a Delaware corporation, its successors and assigns, by merger, consolidation or by purchase of all or substantially all of its assets, and (b) any person or entity, his or its successors and assigns, to which the foregoing Declarant has assigned any or all of its rights and obligations by an assignment expressed in a recorded instrument including, without limitation, a deed, lease, option agreement, land sale contract or assignment as the case may be, transferring such interest if such assignee agrees in writing with Declarant to accept such assignment. Section 1.28 - Declaration. "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions as it may be amended from time to time Section 1.29 - Deed Restrictions. "Deed Restrictions" shall mean the Deed Restriction recorded on June 19, 1996, as Instrument No. 19960312407 of the Official Records.. Section 1.30 - Detention Basin. "Detention Basin" shall mean the retention basin, intake facilities, spillway, catchbasins, pipes and other appurtenant Storm Drain Improvements within the portion of the Annexed Property described as such in the Supplementary Declaration by which such real property is annexed to the plan of this Declaration. Section 1.31- Development. "Development" shall mean the real property depicted on Exhibit A attached hereto which consists of the Initial Covered Property and the Annexation Property. Section 1.32 - Drainage Easement Area. "Drainage Easement Area" shall mean: (a) that portion of the Covered Property described as such in this Declaration and depicted on an Exhibit attached hereto, in a Supplementary Declaration and depicted on an Exhibit attached thereto, or designated on a Subdivision Map as being an easement for drainage purposes that is appurtenant to, and for the benefit of, the Covered Property, or any portion thereof, and (b) that portion of the TIC Property described as such in an easement for drainage purposes that is in favor or, or transferred and assigned to, the Association or that is appurtenant to any Association Property. Section 1.33 - DRE. "DRE" shall mean the Department of Real Estate of the State of California. Section 1.34 - Emergencv Access Easement Area. 'Emergency Access Easement Area" shall mean the portion of the Annexed Property that will be subject to an easement for emergency rescue and police patrol that has been dedicated to, and accepted by, the City as such easement and easement area shall be more particularly described on a Subdivision Map and/or in the Supplementary Declaration by which the Annexed Property that is burdened with the easement is annexed to the plan of this Declaration. Section 1.35 - Entry Monument Improvements. 'Entry Monument Improvements" shall mean the entry monuments and/or signs with appurtenant support structures, lighting and other like fixtures constructed by Declarant with the Association Property. Section 1.36 -Exclusive Use Association Area. "Exclusive Use Association Area" shall mean the portions of the Association Property other than Exclusive Use Common Area that are designated by the Association from time to time for the exclusive use of the Association or any designees of the Association for purposes that are consistent with the management and operation of the Covered Property (i.e., office OC DOCS\107065.4 6 0811519614:23 facilities, manager's living quarters, storage rooms or areas, utility installations and structures containing utility installations and control panels). sive Use Association Area Improvements. "Exclusive Use Association Area mean the Improvements upon or within the Exclusive Use Association Area. Section 1.38 - Exclusive Use Common Area. "Exclusive Use Common Area" shall mean those portions of the Association Property the exclusive use of which, subject to the rights of the Association and Declarant, has been granted to a particular Owner or Owners and which, when conveyed, shall be appurtenant to the Separate Interest of any such Owner or Owners. Exclusive Use Common Areas shall be created pursuant to the Section entitled 'Exclusive Use Common Areas" of the Article entitled "Easements and Rights" of this Declaration. Section 1.39 - Exclusive Use Separate Interest Area. 'Exclusive Use Separate Interest Area" shall mean, as to each Owner (i) the portion of his Separate Interest that is not burdened with a Sideyard Easement Area that is subject to a Sideyard Easement that is appurtenant to, and for the benefit of, a contiguous Separate Interest, and (ii) the Sideyard Easement Area within a contiguous Separate Interest that is subject to a Sideyard Easement that is for the benefit of, and appurtenant to, the Separate Interest of such Owner. Section 1.40 - Exhibit. 'Exhibit" shall mean any of the Exhibits designated herein and attached hereto or any similar or other Exhibits designated in a Supplementary Declaration and attached thereto and each of such Exhibits is by this.reference incorporated in this Declaration or such Supplementary Declaration: The following Exhibits are attached hereto: (a) EXHIBIT A depicting the Development; (b) EXHIBIT B depicting Common Landscape Maintenance Area within the Initial Covered Property; (c) EXHIBIT C depicting Drainage Easement Areas within the Initial Covered Property; (d) EXHIBIT D depicting Perimeter Walls within the Initial Covered Property; (e) EXHIBIT E depicting the Special Benefits Common Areas within the Initial Covered Property; (f) EXHIBIT F depicting Sideyard Easement Areas, which includes a table designating the Separate Interest to which the Sideyard Easement for each such Sideyard Easement Area is appurtenant; (g) EXHIBIT G which is a Contiguous Area Map; and (h) EXHIBIT H which is a copy of the Chevron Agreement. Section 1.41- Federal Agencies. "Federal Agencies" shall mean collectively one or more of the following agencies to the extent that any such agency is a Mortgagee, Owner or insurer or guarantor of a Mortgage within the Covered Property and the following letter designation for such agencies shall mean respectively, the agency specified within the parentheses following such letter designation: FHA (Federal Housing Administration), Freddie Mac (Federal Home Loan Mortgage Corporation), Fannie Mae (Federal National Mortgage Association), GNMA (Government National Mortgage Association), VA (Department of Veterans Affairs). OC DOCS\107065.4 7 09/17/9611:28 Section 1.42 - Final Subdivision Public Resort. "Final Subdivision Public Report" shall mean the reportissued by the DRE pursuant to Section 11018.2 of the California Business and Professions Code on a portion of the Covered Property, as amended, if applicable. Section 1.43 - Habitat Mitigation Areas. "Habitat Mitigation Areas" shall mean any Association Property or Common Landscape Maintenance Area within the TIC Property designated as such in any Supplementary Declaration which contain coastal sage scrub or which have been revegetated with coastal sage scrub which is habitat for the California gnatcatcher. Section 1.44 - Improvement. "Improvement" shall mean all: (a) structures and appurtenances thereto of every type and kind, including but not limited to, buildings, out buildings, walkways, sprinkler and sewer pipes or lines, garages, carports, gazebos, swimming pools and other recreational facilities, roads, driveways, parking areas, fences, screens, screening walls, retaining walls, awnings, patio and balcony covers, stairs, decks, landscaping, hedges, slopes, windbreaks, the exterior surfaces of any visible structure, trees and shrubs, poles, signs, solar or windpowered energy systems or equipment, and water softener or heater or air conditioning and heating fixtures and equipment; (b) the demolition or destruction by voluntary action of any structure or appurtenance thereto of every type and kind; (c) the grading, excavation, filling, or similar disturbance to the surface of the land including, without limitation, change of grade, change of ground level, change of drainage pattern or change of stream bed; (d) landscaping, planting, clearing, or removing of trees, shrubs, grass, or plants; (e) any change or alteration of any Improvement including any change of material, exterior appearance, color or texture; and (f) the processing and recordation of any lot line adjustment. Section 1.45 - Insured Improvements. "Insured Improvements" shall mean the Improvements on the Covered Property insured under the fire and casualty insurance policy maintained by the Association. Section 1.46 - Landscaping Improvements. "Landscaping Improvements" shall mean the landscaping, irrigation systems appurtenant thereto and any other Improvements that were constructed or installed by Declarant or by the Association such as concrete structures, surface drainage ditches, grates or devices that are within Common Landscape Maintenance Areas and Special Benefits Common Areas. "Landscaping Improvements" shall specifically not include any out buildings, gazebos, swimming pools and other recreational facilities, patio Improvements, stairs, decks, sewer pipes or lines, driveways, parking areas, fences, screens, screening walls, retaining walls, awnings, poles, signs, solar or windpowered energy systems or equipment, heaters or air conditioning and heating systems and equipment unless such Improvements are specifically designated as such on the Exhibit depicting the Common Landscape Maintenance Areas or Special Benefits Common Areas that contain such Improvements. Section 1.47 - Lot. "Lot" shall mean a lot or parcel shown on the most recently filed Subdivision Map as such lot or parcel may be adjusted from time to time by any recorded lot line adjustment. Section 1.48 - Member. "Member" shall mean every person or entity who is an Owner including Declarant so long as Declarant continues to be an Owner. OC DOCS1107065.4 8 08/15/9614:23 Section 1.49 - Mortgage and Morteaeee. "Mortgage" and "Mortgagee" shall mean any duly recorded mortgage or deed of trust encumbering any Separate Interest or Association Property and the holder of the mortgagee's or beneficiary's interest under any such Mortgage, respectively. "First Mortgage" and "First Mortgagee" shall mean a Mortgage which has priority over all other Mortgages encumbering a specific Separate Interest, and the holder of any such First Mortgage, respectively. Section 1.50 - Nonexclusive Use Common Area. "Nonexclusive Use Common Area" shall mean the real property and amenities owned or managed by the Association for the common use of all Owners. The Nonexclusive Use Common Area shall consist of the Association Property excepting therefrom any Exclusive Use Common Area and Exclusive Use Association Area. Section 1.51- Notice of Violation of Restrictions. "Notice of Violation of Restrictions" shall mean the notice recorded in the Official Records of the County against any Separate Interest to provide notice of any noncompliance with, or violation of, any of the covenants, conditions and restrictions contained in this Declaration and any other Association Management Documents. Section 1.52 - Official Records. "Official Records" shall mean the Official Records in the Office of the County Recorder of the County. Section 1.53 - Original Separate Interest. "Original Separate Interest" shall mean each lot shown on a tract map within the Initial Covered Property as such lot is shown on Tract No. 15222 and subsequent to the annexation thereof, each lot shown on the Subdivision Map that was filed for record in the County and specifically referenced and described in the Supplementary Declaration by which such property was annexed to the plan of this Declaration, as such Original Separate Interest may be adjusted from time to time by any recorded lot line adjustment. Section 1.54 - Owner. "Owner" shall mean one or more persons or entities who are alone or collectively the record owner of a fee simple title to a Separate Interest, including Declarant, excluding those having any such interest merely as security for the performance of an obligation. If a Separate Interest has been sold under a land sale contract in which the State of California is the vendor, then the vendee shall be deemed to be the Owner of such Separate Interest. Section 1.55 - Perimeter Walls. "Perimeter Walls" shall mean the perimeter walls and retaining walls within the Covered Property, or located on the exterior boundaries thereof, that are described as such in this Declaration and depicted on an Exhibit attached hereto or described as such in any Supplementary Declaration and depicted on an Exhibit attached thereto. Section 1.56 - Phase. "Phase" shall mean each increment of the Covered Property that is covered by a Final Subdivision Public Report. "First Phase" shall mean the first increment of the Covered Property covered by a Final Subdivision Public Report. Section 1.57 - Private Street. "Private Street" shall mean those portions of the Association Property that are designed to provide vehicular ingress and egress to the Covered Property, or any portion thereof. Section 1.58 - Pro Forma Operating Budget. "Pro Forma Operating Budget" shall mean as defined in Section 1365(a) of the California Civil Code which, until said Section is amended to provide otherwise, includes the following: (a) The estimated revenue and expenses on an accrual basis; (b) A summary of the Association's reserves based upon the most recent review or study conducted pursuant to Section 1365.5 of the California Civil Code which shall be printed in bold type and shall include all of the following: OC DOCS%107065.4 9 0811519614:23 (i) The current estimated replacement cost, estimated remaining life, and estimated useful life of each major component that the Association is obligated to maintain; (ii) As of the end of the fiscal year for which the study is prepared: (A) The current estimate of the amount of cash reserves necessary to repair, replace, restore or maintain the major components that the Association is obligated to maintain; (B) The current amount of accumulated cash reserves actually set aside to repair, replace, restore or maintain major components that ihe Association is obligated to maintain; and (iii) The percentage that the amount determined for purposes of clause (B) of subsection (ii) above is of the amount determined for purposes of clause (A) of subsection.(ii) above; (c) A statement as to whether the Board has determined or anticipates that the levy of one or more special Assessments will be required to repair, replace or restore any major component that the Association is obligated to maintain or to provide adequate reserves therefor; and (d) A general statement setting forth the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement or additions to those major components that the Association is obligated to maintain. As provided in said Section 1365 of the California Civil Code, the summary of the Association's reserves disclosed pursuant to subsection (b) of this Section shall not be admissible in evidence to show improper financial management of the Association, provided that other relevant and competent evidence of the financial condition of the Association is not made inadmissible by this provision. Section 1.59 - Protected Land. "Protected Land" shall mean Lot B of Tract No. 15011 as per map filed for record in Book 735, Pages 1 to 4, inclusive, of Miscellaneous Maps, records of the County and Lot D of Tract No. 15243 which are subject to the restrictions and limitations set forth in the Deed Restrictions. Section 1.60 - Public Aeency. "Public Agency" shall mean individually and/or collectively the City, if any, the County, the State of California, and the United States of America, or any agency of any of the foregoing that has authority over all or any portion of the Covered Property or which regulates or has the authority to regulate any of the uses thereon. Section 1.61- Residence. "Residence" shall mean a Separate Interest together with any Exclusive Use Common Area appurtenant thereto. Section 1.62 - Separate Interest. "Separate Interest" shall mean, as defined in Section 1351(1) of the California Civil Code, the separately owned lot or parcel shown on the most recently filed Subdivision Map within the Covered Property. Section 1.63 - Sidevard Easement. "Sideyard Easement" shall mean the exclusive easement over the Sideyard Easement Area which, when granted, shall be appurtenant to the Separate Interest contiguous to such Sideyard Easement Area as such easement is more particularly described in the Section entitled "Sideyard Easements" of the Article entitled "Easements and Rights" of this Declaration. OC DOCs\107065.4 10 08/1519614:23 Section 1.64 - Sidevard Easement Area. "Sideyard Easement Area" shall mean the portion of a Separate Interest designated as such on an Exhibit attached to this Declaration or on a similar Exhibit attached to a Supplementary Declaration. The Sideyard Easement Area as to the Initial Covered Property shall be the portion of a Separate Interests designated as such on Exhibit F attached to this Declaration. Sideyard Easement Areas within any Annexed Property described in a Supplementary Declaration shall be as indicated on Exhibit F attached hereto unless otherwise depicted on an Exhibit attached to such Supplementary Declaration. Section 1.65 - Special Benefits Area. "Special Benefits Area" shall mean a particular portion of the Covered Property designated as such in this Declaration or in any Supplementary Declaration which will require particular services for which the Association shall incur expenses which are attributable to some but not all of the Owners. The Special Benefits Area within the Initial Covered Property (hereinafter "Special Benefits Area No. 1 ") is comprised of the following Lot(s): Lots 3 to 25 of Tract No. 15222. Additional Special Benefits Areas may be created by the provisions of a Supplementary Declaration as to any Annexed Property described in such Supplementary Declaration. Section 1.66 - Special Benefits Common Area. "Special Benefits Common Area" shall mean, as to a Special Benefits Area, the portion thereof, or the Improvements therein, required to be maintained by the Association pursuant to the provisions of this Declaration or any Supplementary Declaration for the exclusive benefit of the Owners within such Special Benefits Area. The Special Benefits Common Area of Special Benefits Area No. 1 is depicted on Exhibit E attached hereto. Section 1.67 - Special Benefits Common Facilities. "Special Benefits Common Facilities" shall mean the Improvements upon or within the Special Benefits Common Area of a Special Benefits Area. Section 1.68 - Special Benefits Services. "Special Benefits Services" shall mean, as to any Special Benefits Area, the particular services that are to be provided by the Association pursuant to the provisions of this Declaration or any Supplementary Declaration for the exclusive benefit of the Owners within such Special Benefits Area. There are no Special Benefits Services designated for the Owners within the Initial Covered Property. Section 1.69 - Special Benefits Expenses. "Special Benefits Expenses" shall mean the actual and estimated costs or expenses incurred by the Association for the exclusive benefit of Owners within a particular Special Benefits Area for the purposes set forth in this Declaration or in any Supplementary Declaration. The Special Benefits Expenses of Special Benefits Area No. 1 shall include the following: (i) operation, maintenance, repair and replacement of Special Benefits Common Area of such Special Benefits Area; (ii) unpaid Special Benefits Assessments and any Capital Improvement Assessments, Reconstruction Assessments, Special Assessments and Reimbursement Assessments that are levied for Improvements that are within the Special Benefits Common Area of said Special Benefits Area; (iii) management, administration and accounting allocated to the Special Benefits Common Area of such Special Benefits Area; (iv) adequate reserves to cover the future repair or replacement of, or additions to, those major components within the Special Benefits common Area of such Special Benefits Area which the Association is obligated to maintain pursuant to this Declaration, including reserves for OC DOCSU07065.4 I1 M1519614:23 replacements for structural elements and mechanical equipment of facilities maintained by the Association; and (v) other expenses incurred by the Association for any reason whatsoever in connection with any Special Benefits Common Area or the costs of any other item or items designated by the Association in connection with any duties or powers of the Association in connection with said Special Benefits Area. Section 1.70 - Special Benefits Common Areas. "Special Benefits Common Areas" shall mean, as to any Special Benefits Area, the particular areas that are to be maintained by the Association pursuant to the provisions of this Declaration or any Supplementary Declaration for the exclusive benefit of the Owners within the Special Benefits Area designated for such Special Benefits Common Areas. The Special Benefits Common Areas for Special Benefits Area No. 1 are the frontyard areas of the Separate Interests depicted on the Special Benefits Common Area Exhibit attached hereto and the Special Benefits Common Areas depicted on any similar Exhibits attached to any Supplementary Declaration. Section 1.71- Storm Drain improvements. "Storm Drain Improvements" shall mean the catch basins, pipes, concrete structures, surface drainage ditches, grates, devices or other drainage Improvements within Drainage Easement Areas and the Detention Basin. Section 1.72 - Subdivision May. "Subdivision Map" shall mean the most recently filed tract map or parcel map filed for record in the records of the County against the Covered Property, or any portion thereof, all of which are incorporated herein and by this reference made a part hereof. Section 1.73 - Supplementary Declaration. "Supplementary Declaration" shall mean a writing annexing additional property extending the plan of this Declaration to such additional property. Section 1.74 - TIC. "TIC" shall mean The Irvine Company, a Michigan corporation. Section 1.75 - TIC Agreement. "TIC Agreement" shall mean any agreement between TIC and Declarant by which Declarant acquires (i) the easement and right to construct, install, maintain, repair, restore and reconstruct Storm Dram Improvements on, over, through or across the TIC Property, (n) an easement for drainage through and across such Storm Drain Improvements. (iii) the easement and right to construct, maintain, repair, restore and reconstruct Landscaping Improvements within Common Landscape Maintenance Areas within the TIC Property, and (iv) easements for ingress and egress over the TIC Property or the portions thereof burdened with the foregoing easements to the extent reasonably necessary for such purposes. Section 1.76 - TIC Property. "TIC Property" shall mean Lot F of Tract No. 15222. Section 1.77 - Wetlands. "Wetlands" shall mean the portion of Lot B of said Tract 15011 and the TIC Property described as such in a Supplementary Declaration. ARTICLE II THE ASSOCIATION Section 2.01- General Duties and Powers. The Association, through the Board, shall have the duty and obligation to manage and maintain the Covered Property in accordance with the provisions of the Section entitled "Powers and Duties" of the Article entitled "Powers, Duties and Limitations" of the Bylaws and other provisions of the Association Management Documents. Subject to the limitations and OC DOCS1107065.4 12 0811519614:23 restrictions enumerated in the Association Management Documents, including without limitation, the Article entitled "Mortgagee Protection" of this Declaration and the said Article entitled "Powers, Duties and Limitations" of the Bylaws, the Association shall have all of the powers permitted by California law as set forth in this Section. (a) Corporate Powers. The Association may exercise the powers granted to a nonprofit mutual benefit corporation as set forth in California Corporations Code Section 7140, California Code of Civil Procedure Section 383 and California Civil Code Section 1363. (b) Standing. The Association shall have standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with it the individual Owners in matters pertaining to the following: (i) enforcement of the Association Management Documents; (ii) damage to the Association Property, (iii) damage to the Separate Interests that the Association is obligated to maintain or repair; (iv) damage to the Separate Interests which arises out of, or is integrally related to, damage to the Association Property or Separate Interests that the Association is obligated to maintain or repair; (c) Designate Exclusive Use Association Area. The Association shall have the right to designate from time to time portions of Association Property other than Exclusive Use Common Area as Exclusive Use Association Area; (d) Lot Line Adjustments. Amendments, Ouitclaims. The Association shall have the right to join with Declarant in the execution of any lot line adjustment, execute and deliver any quitclaim deed, and accept title to additional property as necessary for the purpose of eliminating encroachments due to �i) engineering errors or errors in construction of any Improvements upon any of the affected property, ii to permit changes in the development plan in circumstances where such changes are the result of topography, obstruction, hardship, aesthetic or other environmental conditions, (iii) are the requirement of a regulatory agency, (iv) do not have a significant negative impact upon the Association or the Owners, or (v) to transfer the burden of management and maintenance of any Association Property which in the reasonable judgment of the Board is generally inaccessible or is not likely to be of any particular use or benefit to the Owners. Section 2.02 - Notice Prior to Filing Civil Action. The Board shall comply with the requirements of Section 1368.4(a) of the California Civil Code, or any amendment thereto or successor statute thereof, in connection with any alleged damage to the Association Property, alleged damage to the Separate Interests that the Association is obligated to maintain or repair, or alleged damage to the Separate Interests that arises out of, or is integrally related to, damage to Association Property or Separate Interests that the Association is obligated to maintain or repair. Section 2.03 - Civil Action Against Declarant. The Association shall comply with the requirements of Section 1375 of the California Civil Code, or any amendment thereto or successor statute thereof, in connection with an action for damages against Declarant based upon a claim for defects in the design or construction of the Common Interest Development. OC DOCS1107065.4 13 081151961423 California Civil Code is amended to prov of its Members the following documents: Until and unless Section 1365 of the ition shall prepare and distribute to all (a) Pro Forma Operating Budget. The Pro Forma Operating Budget as defined in Section 1365(a) of the California Civil Code and the Section entitled "Pro Forma Operating Budget" of the Article entitled "Definitions" of this Declaration. A copy of the Pro Forma Operating Budget shall be annually distributed to each Member not less than forty-five (45) days nor more than sixty (60) days prior to the beginning of the Association's fiscal year. (b) Review of Financial Statement. A review of the financial statement of the Association shall be prepared in accordance with generally accepted accounting principles by a licensee of the Califorma State Board of Accountancy for any fiscal year in which the gross income to the Association exceeds seventy-five thousand dollars ($75,000). A copy of the review of the financial statement shall be distributed within one hundred twenty (120) days after the close of each fiscal year. (c) Distribution of Summary. In lieu of the distribution of the Pro Forma Operating Budget required by this Section, the Board may elect to distribute a summary of the Pro Forma Operating Budget to all Members with a written notice that the Pro Forma Operating Budget is available at the business office of the Association or at another suitable location within the boundaries of the Covered Property and that copies will be provided upon request and at the expense of the Association. If any Member requests that a copy of the Pro Forma Operating Budget to be mailed to the Member, the Association shall provide the copy to such Member by first-class United States mail at the expense of the Association which shall be delivered within five (5) days. The written notice that is distributed to each of the Members shall be in at least 10-point boldface type on the front page of the summary of the Pro Forma Operating Budget. (d) Statement. A statement describing the Association's policies and practices in enforcing lien rights or other legal remedies for default in payment of its Assessments against its Members shall be annually delivered to the Members during the 60-day period immediately preceding the beginning of the Association's fiscal year. (e) Summary of General Liabilily Policy. A summary of the Association's general liability policy that states all of the following: (i) The name of the insurer, (ii) The policy limits of the insurance; (iii) If an insurance agent, as defined in Section 1621 of the California Insurance Code, an insurance broker, as defined in Section 1623 of the California Insurance Code, or an agent of an insurance agent or insurance broker has assisted the Association in the development of the general liability policy limits and if the recommendations of the insurance agent or insurance broker were followed; (iv) The insurance deductibles; (v) The person or entity that is responsible for paying the insurance deductible in the event of loss; (vi) Whether or not the insurance coverage extends to the real property improvements to the Separate Interests; OC DOCS\107065.4 14 0811519614:23 (f) Earthquake and Flood Insurance. A summary of the Association's earthquake and flood insurance policy, if one has been issued, that states all of the following: (i) The name of the insurer; (ii) The policy limits of the insurance; (iii) The insurance deductibles; (iv) The person or entity that is responsible for paying the insurance deductible in the event of loss; (g) Director and Officers Liability Coverage. A summary of the liability coverage policy for the directors and officers of the Association that lists all of the following: (i) The name of the insurer, and (il) The limits of the insurance; (h) Cancellations. Notwithstanding subsections (e), (f) and (g) above, the Association shall, as soon as reasonably practical, notify its Members by first-class mail if any of the policies have been canceled and not immediately replaced. If the Association renews any of the policies or a new policy is issued to replace an insurance policy of the Association, and where there is no lapse in coverage, the Association shall notify its Members of that fact in the next available mailing to all Members pursuant to Section 5016 of the California Corporations Code as set forth in the Section entitled "Notices" of the Article entitled "General Provisions" of this Declaration. (i) Insurance Policy Declaration Page. To the extent that the information to be disclosed pursuant to subsections (e), (f) and (g) above is specified in the insurance policy declaration page, the Association may meet the requirements of those subsections by making copies of that page and distributing it to all of its Members. Section 2.05 - Statements and Documents. Until and unless Section 1368(b) of the California Civil Code is amended to provide otherwise, the Association shall provide an Owner, within ten (10) days of the delivery of written request therefor, the following: (a) A copy of the Association Management Documents; (b) A copy of the most recent documents distributed pursuant to Section 1365 of the California Civil Code which are set forth in the Section entitled "Budgets, Financial Statements and Documents" of this Article. (c) A true statement in writing from an authorized representative of the Association as to the amount of the Association's current Regular Assessments, Special Assessments and fees, as well as any Assessments levied upon the Owner's interest in the Common Interest Development which are unpaid on the date of the statement. The statement shall also include true information on late charges, interest, and costs of collection which, as of the date of the statement, are or may be made a lien upon the Owner's interest in the Common Interest Development pursuant to Section 1367 of the California Civil Code. The Association may charge a fee for this service which shall not exceed the Association's reasonable cost to prepare and reproduce the requested items. Section 2.06 - Review of Accounts. The Board shall do all of the following: OC DOCSV107065.4 15 08115/9614:23 (a) Review a current reconciliation of the Association's operating accounts on at least a quarterly basis; (b) Review a current reconciliation of the Association's reserve accounts (as defined in Section 1365.5(e) of the California Civil Code to mean moneys that the Board has identified for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain) on at least a quarterly basis; (c) Review on at least a quarterly basis the current year's actual reserve revenues and expenses compared to the current year's budget; (d) Review the latest account statements prepared by the financial institutions where the Association has its operating and reserve accounts; and (e) Review an income and expense statement for the Association's operating and reserve accounts on at least a quarterly basis. Section 2.07 - Reserve Funds. The Regular Assessments shall include an adequate reserve fund for the maintenance, repairs, and replacement of the Association Property that must be periodically maintained, repaired or replaced by the Association. (a) Purpose of Reserve Funds. The Board shall not expend funds designated as reserve funds for any purpose other than the repair, restoration, replacement or maintenance of, or litigation involving the repair, restoration, replacement or maintenance of, major components which the Association is obligated to repair, restore, replace or maintain, and for which the reserve fund was established. (b) Temporary Transfer to Operating Funds. The Board may authorize a temporary transfer of money from a reserve fund to the Association's general operating fund to meet short-term cash -flow requirements or other expenses, provided that the Board has made a written finding, recorded in the Board's minutes, explaining the reasons that the transfer is needed, and describing when and how the money will be repaid to the reserve fund. The transferred funds shall be restored to the reserve fund within one year of the date of the initial transfer, except that the Board may, upon making a finding supported by documentation that a temporary delay would be in the best interests of the Common Interest Development created by the Association Management Documents, temporarily delay the restoration. The Board shall exercise prudent fiscal management in delaying restoration of funds and in restoring the expended funds to the reserve account and shall, if necessary, levy a Special Assessment to recover the full amount of the expended funds within the time limits required by this Section. The Special Assessment levied pursuant to this Section is subject to the maximum assessment limitations set forth in Section 1366 of the California Civil Code as set forth in the Section entitled "Assessment Changes" of the Article entitled "Assessments" of the Declaration. The Board may, at its discretion, extend the date the payment on the Special Assessment is due. Any extension shall not prevent the Board from pursuing any legal remedy to enforce the collection of an unpaid Special Assessment. (c) Use for Litigation Purposes. When the decision is made to use reserve funds or to temporarily transfer money from the reserve fund to pay for litigation, the Association shall notify the Members of that decision in the next available mailing to all Members pursuant to Section 5016 of the California Corporations Code as set forth in the Section entitled "Notices" of the Article entitled "General Provisions" of this Declaration, and of the availability of an accounting of those expenses. The Association shall make an accounting of expenses related to the litigation on at least a quarterly basis. The accounting shall be made available for inspection by Members at the Association's office. (d) Withdrawal From Reserves. The signatures of at least two persons, who shall be members of the Board, or one member of the Board and an officer who is not a member of the Board; shall be OC DOCS\107065.4 16 0911519614:23 required for the withdrawal of funds from the Association's reserve accounts. All other checks, drafts or orders for payment of money, notes or other evidences of indebtedness issued in the name of or payable to the Association shall be signed or endorsed by such officer or officers, employee: employees, agent or agents of the Association and in such manner as, from time to time, shall be determined by resolution of the Board. (e) Reserve Account Study. At least once every three (3) years, the Board shall cause a study of the reserve account requirements of the Common Interest Development to be conducted if the current replacement value of the major components which the Association is obligated to repair, replace, restore or maintain is equal to or greater than one-half of the gross budget of the Association during any fiscal year. The Board shall review the study annually and shall consider and implement necessary adjustments to the Board's analysis of the Association's reserve account requirements as a result of such review. The study required by this Section shall at a minimum include: (i) Identification of the major components which the Association is obligated to repair, replace, restore or maintain which, as of the date of the study, have a remaining useful life of less than thirty (30) years; (ii) Identification of the probable remaining useful life of the components identified in subsection (i) above as of the date of the study; (iii) An estimate of the cost of repair, replacement, restoration or maintenance of the components identified in subsection (i) above during and at the end of their useful life; and (iv) An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore or maintain the components identified in subsection (i) above during and at the end of their useful life, after subtracting total reserve funds as of the date of the study. As used in this Section, "reserve accounts" means moneys that the Board has identified for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain. As used in this Section "reserve account requirements" means the estimated funds which the Board has determined are required to be available at a specified point in time to repair, replace, or restore those major components which the Association is obligated to maintain. Section 2.08 - Power to Grant Rights. The Association shall have the right to grant permits, licenses and easements under, through and across any Association Property other than Exclusive Use Common Area for utilities, roads, and other purposes for the proper operation of the Covered Property as reasonably necessary for the ongoing development and operation of the Covered Property. of Section 1354 of the California Civil Code as set forth in Article entitled "General Provisions" of this Declaration. icuments. The Association shall also have lent Documents pursuant to the provisions Section entitled "Enforcement" of the OC DOCS\107065.4 17 0811519614:23 ARTICLE III MEMBERSHIP Section 3.01 - Membership. Membership of Owners shall be appurtenant to and may not be separated from the interest of such Owner in any Separate Interest. A Member may own more than one membership in the Association by complying with the qualifications of membership as to more than one (1) Separate Interest. Section 3.02 - Transfer. The membership held by any Owner shall not be transferred, pledged or alienated in any way, except that such membership shall automatically be transferred to the transferee of the interest of an Owner required for membership. Any attempt to make a prohibited transfer is void and will not be reflected upon the books and records of the Association. The Association shall have the right to record the transfer upon the books of the Association without any further action or consent by the transferring Owner. Section 3.03 - Delegation of Membership Rights. A Member who has leased or sold his Separate Interest to a lessee or a contract purchaser under an agreement to purchase shall be entitled to delegate to such lessee or contract purchaser, as applicable, his membership rights in the Association. Such delegation shall be in writing and must be delivered to the Board before such lessee or contract purchaser may vote. However, the lessor or contract seller shall remain liable for all charges and Assessments attributable to his Separate Interest as long as such lessor or contract seller continues to be an Owner. Section 3.04 - Classes of Membership. The Association shall have two (2) classes of voting membership, the Class A Members and the Class B Member. The Class B membership shall forever cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier. (a) the second anniversary of the first Close of Escrow to occur in the most recent Phase of the Development; or (b) the fourth anniversary of the first Close of Escrow to occur in the First Phase. Section 3.05 - Allocation of Votine Power. Class A Members shall be entitled to one (1) vote for each Original Separate Interest owned and the Class B Member shall be entitled to three (3) votes for each Original Separate Interest owned. In the event an Original Separate Interest has been split into more than one Separate Interest, the vote for such Original Separate Interest may be allocated to the Owners of such Original Separate Interest in an agreement which is approved in writing by the Board and recorded in the Official Records. When more than one person owns a portion of the interest in a Separate Interest required for membership, each such person shall be a Member and the vote for such Separate Interest shall be exercised as they among themselves determine, but in no event shall the total number of votes for each Original Separate Interest exceed the total number permitted for such Original Separate Interest as provided in this Section. The Association may, but shall not be•obliged to, refuse to recognize the vote or written assent of any such co -Owner, except the vote or written assent of the co -Owner designated in a writing executed by all of such co -Owners and delivered to the Association. Section 3.06 - Vesting of' otingRights. All voting rights shall be subject to the restrictions and limitations provided in the Association Management Documents. A Member's right to vote shall vest immediately upon the date Regular Assessments are levied against the Separate Interest of such Member. OC DOCS\107065.4 18 08/15/96 14:23 Section 3.07 - Approval of All Members. Unless elsewhere otherwise specifically provided in the Association Management Documents, any provision of the Association Management Documents which requires the vote or written consent of either the voting power of the Association or of Members other than Declarant shall be deemed satisfied by (a) the vote in person or by proxy of the,specified percentage of all of the votes which are entitled to be cast at a meeting duly called and noticed pursuant to the provisions of the Bylaws dealing with annual or special meetings of the Members or by duly noticed ballot; and (b) written consents signed by the specified percentage of all of the votes which are entitled to be cast. Said vote by written consent shall be solicited pursuant to the procedures provided in the Bylaws. Nothing in this Section or in any other provision of any of the Association Management Documents shall preclude Members from assenting to the amendment of any of the Association Management Documents by joining in the execution of, or attaching their written consent to, such amendment. Section 3.08 - Special Benefits Area Approval. Notwithstanding any other provision of the Association Management Documents, any action expressly for the benefit of a Special Benefits Area or the Owners of Separate Interests therein which requires a vote of the membership shall require the approval of the prescribed percentage of the class or classes of membership or of the Members other than Declarant of only those Owners within such Special Benefits Area. Section 3.09 - Certificate Evidencine Approvals. The certificate of any officer or officers authorized by resolution of the Board or of the president and secretary certifying that the required voting power of the Association has approved the execution, delivery and/or recordation of an amendment to any of the Association Management Documents, any Supplementary Declaration or any other document requiring the approval of the voting power of the Association shall be deemed conclusive proof thereof. ARTICLE IV ASSESSMENTS Section 4.01- Agreement to Pay. Subject to limitations contained in the Association Management Documents, the Association, through its Board, shall fix, establish and collect from time to time Assessments sufficient to perform its obligations under the Association Management Documents. Each Owner, including Declarant to the extent Declarant is an Owner as defined herein, is deemed to covenant and agree to pay such Assessments to the Association. Section 4.02 - Collection and Disbursement. The Board may elect to maintain separate bank accounts for the working account and the reserve account as a financial control to qualify for reduced fidelity insurance coverage under Freddie Mac and Fannie Mae regulations as set forth in the Section entitled "Fidelity Insurance" of the Article entitled "Insurance" of this Declaration. However, if funds of the Association are commingled so that the Association may qualify for higher yielding accounts at banking or savings and loan institutions, the accounting records of the Association must reflect deposits and disbursements in a manner that will insure that the funds collected as Capital Improvement Assessments, Reconstruction Assessments, Regular Assessments, Reimbursement Assessments and Cable Television Service Assessments will be used only for the purposes for which such funds were collected. Section 4.03 - Assessment Changes. (a) Annual Increases. Except as provided in this Section, the Board shall levy Assessments sufficient to perform its obligations under the Association Management Documents. However, annual increases in Regular Assessments or Special Benefits Assessments for any fiscal year, as authorized by OC 1)0=107065.4 19 08/15/96 14:23 Section 1366(b) of the California Civil Code, shall not be imposed unless the Board has complied with Section 1365(a) of the California Civil Code (which requires the Association to prepare and distribute a Pro Forma Operating Budget annually within a certain prescribed period of time prior to -the beginning of the Association's fiscal year as provided in the Section entitled "Budgets, Financial Statements and Documents" of the Article entitled "The Association" of this Declaration) with respect to that fiscal year, or has obtained the approval of the percentage of the Owners prescribed below. (i) The Board may not impose a Regular Assessment that is more than twenty percent (20%) greater than the Regular Assessment for the Association's preceding fiscal year, or impose Assessments for any other act or undertaking of the Association which in the aggregate exceed five percent (5%) of the Common Expenses of the Association for that fiscal year, without the approval of Owners constituting a quorum casting a majority of the votes at a in or election of the Association conducted in accordance with Chapter 5 (commencing with Section 7510) of Part 3, Division 2 of Title 1 of the California Corporations Code and Section 7613 of the California Corporations Code. A Special Assessment levied pursuant to subdivision (c) of Section 1365.5 of the California Civil Code shall not be subject to the five percent (5.0%) limitation contained in the preceding sentence. For the purposes of this Section, quorum means more than fifty percent (50%) of the Owners of the Association. (ii) In addition to the foregoing, the Board may not impose a Special Benefits Assessment in a Special Benefits Area that is more than twenty percent (20%) greater than the Special Benefits Assessment for such Special Benefits Area for the Association's preceding fiscal year, or impose Assessments for any other act or undertaking of the Association for such Special Benefits Area which in the aggregate exceed five percent (5%) of the Special Benefits Expenses of such Special Benefits Area for that fiscal year, without the approval of Owners within such Special Benefits Area constituting a quorum casting a majority of the votes at a meeting or election of the Association conducted in accordance with Chapter 5 (commencing with Section 7510) of Part 3, Division 2 of Title 1 of the California Corporations Code and Section 7613 of the California Corporations Code. A Special Assessment levied for such Special Benefits Area pursuant to subdivision (c) of Section 1365.5 of the California Civil Code shall not be subject to the five percent (5.0%) limitation contained in the preceding sentence. For the purposes of this Section, quorum means more than fifty percent (50%) of the Owners of such Special Benefits Area. (b) Notice of Increase. The Board shall provide notice by first-class mail to the Owners of any increase in any of the Assessments described in subsection (a) of this Section not less than thirty (30) nor more than sixty (60) days prior to the increased assessment becoming due. (c) Emergency Situations. This Section does not limit Assessment increases necessary for emergency situations. For purposes of this Section, an emergency situation is any one of the following: (i) an extraordinary expense required by an order of a court; (ii) an extraordinary expense necessary to repair or maintain the Covered Property or any part of it for which the Association is responsible where a threat to personal safety on the property is discovered; (iii) an extraordinary expense necessary to repair or maintain the Covered Property or any part of it for which the Association is responsible that could not have been reasonably foreseen by the Board in preparing and distributing the Pro Forma Operating Budget. however, prior to the imposition or collection of an Assessment under this subsection, the Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved OC DOCS1107065.4 20 0811519614:23 and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the Members with the notice of Assessment; and (iv) an extraordinary expense in making the first payment of the earthquake insurance surcharge pursuant to Section 5003 of the California Insurance Code, or any successor statute thereof. (d) Adiustments. In the event that the Board determines that the amount budgeted for Common Expenses or Special Benefits Expenses becomes excessive or inadequate, the following shall apply: (i) In the event the Board shall determine that the estimate of the total charges for the current year is, or will become, inadequate to meet all Common Expenses for any reason, it shall then immediately determine the approximate amount of such inadequacy, issue a supplemental estimate of the Common Expenses and to the extent permitted in this Section determine the revised amount of the Regular Assessment and the installments thereof, if applicable, allocable to each Separate Interest, and the date or dates when due. The Board shall provide notice by first- class mail to all Members of any increase in Regular Assessments not less than thirty (30) nor more than sixty (60) days prior to the date upon which such increased Assessment becomes due. (ii) In the event the Board shall determine that the estimate of total charges for the current year is, or will become, inadequate to meet all Special Benefits Expenses for any reason, it shall then immediately determine the approximate amount of such inadequacy, issue a supplemental estimate of the Special Benefits Expenses and to the extent permitted in this Section determine the revised amount of the Special Benefits Assessment and the installments thereof, if applicable, allocable to each Separate Interest within the Special Benefits Area, and the date or dates when due. The Board shall provide notice by first-class mail to all Members within such Special Benefits Area of any increase in Special Benefits Assessments not less than thirty (30) nor more than sixty (60) days prior to the date upon which such increased Assessment becomes due. (iii) In the event the amount budgeted to meet Common Expenses for the then current year proves to be excessive in light of the actual Common Expenses, the Board in its discretion may either reduce the amount of the Regular Assessment or may abate collection of Regular Assessments as it deems appropriate except that as long as Declarant is offering Separate Interests for sale pursuant to a Final Subdivision Public Report, the Regular Assessment may not be decreased by ten percent (10%) or more without the express written consent of Declarant and the approval of the DRE. (iv) In the event the amount budgeted to meet Special Benefits Expenses in any Special Benefits Area for the then current year proves to be excessive in light of the actual Special Benefits Expenses, the Board in its discretion may either reduce the amount of the Special Benefits Assessment or may abate collection of Special Benefits Assessments as it deems appropriate except that as long as Declarant is offering Separate Interests for sale pursuant to a Final Subdivision Public Report, the Special Benefits Assessment may not be decreased by ten percent (10%) or more without the express written consent of Declarant and the approval of the DRE. (e) Adiustments for Phasing. Notwithstanding the foregoing, an increase in the amount of an Assessment that is the result of annexing a Phase on which the DRE has issued a Final Subdivision Public Report shall not require membership approval even if such increase does result in an increase in the amount of the Assessment that is more than twenty percent (20%) greater than the Assessment for the preceding fiscal year provided that the annexation of such Phase and the maintenance of any additional Improvements resulting from such annexation was reflected in the Pro Forma Operating Budget for the OC DOCS\107065.4 21 08/15/96 14:23 Development approved by the DRE and provided further that such increase in the Assessment is permitted or not prohibited under any California Statute in effect at the time of such increase. Section 4.04 - Assessment Allocation. (a) Assessments Against Individual Owners. Assessments may be levied by the Association from time to time by the Board against one or more Owners, as follows: (i) Penalty Assessments. Penalty Assessments may be levied against an individual Owner as a disciplinary measure for failure of such Owner to comply with the provisions of the Association Management Documents; (ii) Reimbursement Assessments. Reimbursement Assessments may be levied against an individual Owner at the amount necessary to reimburse the Association for costs incurred by the Association in performing any repair and maintenance of damage for which such Owner was allegedly responsible; (iii) Special Assessments for Materials or Services. A Special Assessment may be levied against any Owner who accepts materials or services provided by the Association in the amount necessary to reimburse the Association for the costs incurred in providing such materials and services. (iv) Cable Television. A Cable Television Service Assessment may be levied against any Owner who has subscribed with the Association to provide such services provided that the Board has elected to contract with a cable television service company to provide service for the benefit of Owners. (b) Equal Assessments for All Owners. Regular Assessments, Capital Improvement Assessments and Reconstruction Assessments for the repair, replacement, or reconstruction of Improvements within the Association Property that is not Special Benefits Common Area, and Special Assessments for any act or undertaking of the Association which in the judgment of the Board is for the benefit of, or should be allocated to, all Original Separate Interests within the Covered Property shall be fixed at an equal amount for each Original Separate Interest within the Covered Property on which Assessments have commenced. (c) Eoual Assessments in Special Benefits Area. Special Benefits Assessments, Capital Improvement Assessments and Reconstruction Assessments for the repair, replacement, or reconstruction of Improvements within the Special Benefits Common Area of a Special Benefits Area and Special Assessments for any other act, or undertaking of the Association which in the judgment of the Board is for the benefit of, and should be allocated to, all Separate Interests within such Special Benefits Area shall be fixed at an equal amount for each Original Separate Interest within such Special Benefits Area on which Assessments have commenced. (d) Subdivision of Original Separate Interest. In the event an Original Separate Interest has been subdivided into more than one Separate Interest, the Assessment for such Original Separate Interest shall be allocated by the Board to the Owners thereof unless the Owners of such Original Separate Interest agree upon an allocation in an agreement which is approved in writing by the Board and recorded with respect to such Original Separate Interest in the Official Records. (e) Installments. All Assessments may be collected in installments at intervals selected by the Board except that Regular Assessments and Special Benefits Assessments must be paid in regularly scheduled monthly installments. OC DOCS\107065.4 22 08115196 14:23 Section 4.05 - Certificate of Payment. The Association shall, upon demand, furnish to any Owner liable for Assessments a certificate in writing signed by an authorized agent of the Association or by the president setting forth whether the Assessments on such Owner's Separate Interest have been paid, and the amount of delinquency, if any. A reasonable charge may be collected by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any Assessment therein stated to have been paid. Section 4.06 - Exempt Prove (a) Temporary Exemption. Declarant and any other Owner shall be exempted from the payment of that portion of any Assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of Common Faclhtles, Special Benefits Common Facilities and Exclusive Use Association Area Improvements that are not complete at the time Assessments commence. Any exemption from the payment of Assessments attributable to any incomplete Common Facility or Exclusive Use Association Area Improvement shall be in effect only until the earliest to occur of (i) recordation of an otice of completion of such Common Facility or Exclusive Use Association Area Improvement, or (u) the Common Facility or Exclusive Use Association Area have been put into use. (b) Exemption for Public Uses. All properties dedicated to and accepted by, or otherwise owned or acquired by, a Public Agency for nonresidential public purposes shall be exempt from the Assessments created herein. (c) Federal Agency Requirements. The exemptions or reductions in the payment of Regular Assessments permitted by this Section shall be permitted only as long as such exemptions or reductions are permitted by regulations of all of the Federal Agencies or if the Federal Agencies, whose regulations do not permit such reduction or exemption, have waived compliance with such regulation. If permitted by Fannie Mae, a reduced Regular Assessment may be levied by the Board to Declarant for any unsold Separate Interests if they are not occupied although all Separate Interests on which Assessments have commenced shall be allocated full Assessments not later than sixty (60) days after the first Close of Escrow occurs within the Covered Property. Section 4.07 -Date of Commencement. Assessments shall commence with respect to all Separate Interests as set forth below: (a) Regular Assessments. Regular Assessments shall commence with respect to all Separate Interests within a Phase on the first day of the month following the first Close of Escrow to occur within such Phase. The Regular Assessment levied for the Common Expenses shown in the Pro Forma Operating Budget that covers the first year of the Association shall be adjusted to cover only the period from the date of the commencement of the Regular Assessment to the end of the year covered by such Pro Forma Operating Budget. (b) Special Benefits Assessments. Special Benefits Assessments shall commence with respect to all Separate Interests within a Special Benefits Area on the date that Regular Assessments commence against such Separate Interests. The Special Benefits Assessment levied for the Special Benefits Expenses shown in the Pro Forma Operating Budget that covers the first year of the Association shall be adjusted to cover only the period from the date of the commencement of the Special Benefits Assessment to the end of the year covered by such Pro Forma Operating Budget. (c) Other Assessments. All other Assessments may be levied against an Owner at any time after a Close of Escrow has occurred within the Phase in which the Separate Interest of such Owner is located and shall commence or be due on the date determined by the Board. OC DOCS\107065.4 23 0911519614:23 Section 4.08 - No Offsets. All Assessments shall be payable in the amount specified by the Assessment and no offsets against such amount shall be permitted for any reason. Section 4.09 - Homestead Waiver. Each Owner, to the extent permitted by law, does hereby waive, to the extent of any liens created pursuant to this Declaration, whether such liens are now in existence or are created at any time in the future, the benefit of any homestead or exemption laws of the State of California now in effect or in effect from time to time hereafter. Section 4.10 - Taxation of Association. In the event that any taxes are assessed against the Association Property other than Exclusive Use Common Area, or the personal property of the Association, rather than against the individual Separate Interests, the following provisions shall apply: (a) In the event that such taxes are levied against the Special Benefits Common Area, said tastes shall be added to the annual Special Benefits Assessments of the Owners within the Special Benefits Area in which such Special Benefits Common Area is located, or, if necessary, a Special Assessment may be levied against the Separate Interests within such Special Benefits Area in an amount equal to said taxes, to be paid in two (2) installments thirty (30) days prior to the due date of each tax installment. (b) In the event that such taxes are levied against Association Property other than Special Benefits Common Area, said taxes shall be added to the annual Regular Assessments of all of the Owners, or, if necessary, a Special Assessment may be levied against the Separate Interests of such Owners in an amount equal to said taxes, to be paid in two (2) installments thirty (30) days prior to the due date of each tax installment. The provisions of this Section shall specifically not apply to any taxes or assessments that are levied against the Separate Interests that contain Special Benefits Common Area that is being maintained by the Association. Section 4.11- Delinguencv. Any Assessment provided for in this Declaration which is not paid shall be delinquent fifteen (15) days after such Assessment was due (the "delinquency date") and Allowable Charges may be recovered if an Assessment becomes delinquent. The Association may at its option, and without waiving the right to judicially foreclose its lien against such Owner's Separate Interest, pursue any available remedies, including, without limitation, bringing an action at law against the Owner personally obligated to pay the same, and/or upon compliance with the notice provisions set forth in the Section entitled "Personal Obligation; Lien" of this Article, to foreclose the lien against such Owner's Separate Interest under the power of sale granted herein. Each Owner vests in the Association, or its assigns, the right and power to bring all actions at law or any lien foreclosure against such Owner or other Owners for the collection of such delinquent Assessments. Section 4.12 -Limitation on Fees. The Association shall comply with Sections 1366.1 and 1368(c) of Fe- California Civil Code and, until such Sections are amended to provide otherwise, shall not: (a) impose or collect an Assessment or fee that exceeds the amount necessary to defray the costs for which it is levied; and (b) impose or collect any Assessment, penalty, or fee in connection with a transfer of title or any other interest except the Association's actual cost to change its records and that authorized in connection with providing copies of the documents and financial statements referenced in the Section entitled "Statements and Documents" of the Article entitled "The Association" of this Declaration. Section 4.13 -Personal Obligation; Lien. An Assessment and any Allowable Charges shall be a personal obligation and debt of the Owner of the Separate Interest at the time the Assessment or Allowable Charges are levied and shall not pass to successors in title unless assumed by the successors in OC DOCS\107065.4 24 0811519614:23 title. The amount of the Assessment, plus any Allowable Charges, shall be a lien on the Owner's. Separate Interest from and after the time the Association causes to be recorded in the Official Records a notice of delinquent assessment which shall state (a) the amount of the Assessment and Allowable Charges, (b) a description of the Owner's Separate Interest against which the Assessment and Allowable Charges are levied, (c) the name of the record Owner of the Separate Interest against which the lien is imposed, and (d) in order for the lien to be enforced by nonjudicial foreclosure as hereinafter provided, the name and address of the trustee authorized by the Association to enforce the lien by sale. The notice of delinquent assessment shall be signed by the officers authorized for such purpose by resolution of the Board or by the president of the Association. Upon payment of the sums specified in the notice of delinquent assessment, the Association shall cause to be recorded a further notice stating the satisfaction and release of the lien thereof. Alien created pursuant to this Section shall be prior to all other liens recorded subsequent to the notice of delinquent assessment, except (i) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (ii) the lien or charge of any First Mortgage. Section 4.14 - Not Subject to Lien. Penalty Assessments, Reimbursement Assessments and Allowable Charges incurred in connection with delinquent Penalty Assessments and Reimbursement Assessments may not be characterized nor treated as an Assessment which may become alien against an Owner's Separate Interest enforceable in accordance with the Section entitled "Foreclosure Sale" of this Article. Nothing in this Declaration, however, shall prevent the Association from bringing an action at law or in equityagainst an Owner to collect Penalty Assessments and Reimbursement Assessments. The provisions of this Section shall not apply to charges imposed against an Owner consisting of reasonable late payment penalties for delinquent Assessments and/or charges to reimburse the Association for the loss of interest and for costs reasonably incurred (including attorneys' fees) in its efforts to collect delinquent Assessments. Section 4.15 - Foreclosure Sale. Said lien created pursuant to this Article may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the Notice of Delinquent Assessment, or sale by a trustee substituted pursuant to Section 2934a of the California Civil Code. Any sale by a trustee provided for above is to be conducted in accordance with the provisions of Sections 2924 et se . and Section 1367 of the California Civil Code, applicable to the exercise of powers of sale in mortgages and deeds of trust. Upon the affirmative vote of a majority of the voting power of the Association, the Association, through its duly authorized agents, shall have the power to bid on the Separate Interest, using Association funds, or funds borrowed for such purpose, at the sale, and to acquire and hold, lease, mortgage and convey the same. Nothing in this Section prohibits actions against any Owner to recover sums for which a lien is created pursuant to this Article or prohibits the Association from taking a deed in lieu of foreclosure. Section 4.16 - Subordination of Assessment Liens. (a) Subordination. The lien of the Assessments and Allowable Charges provided for in this Declaration shall be subordinate to the lien of any First Mortgage upon any Separate Interest. The foreclosure of any lien provided for in this Article for the payment of Assessments and Allowable Charges shall not operate to affect or impair the lien of a First Mortgage and the foreclosure of the lien of a First Mortgage or the sale under a power of sale included in such First Mortgage (such events being hereinafter referred to as "Events of Foreclosure") shall not operate to affect or impair such Assessment lien, except that any persons who obtain an interest through any of the Events of Foreclosure, and the successors in interest, shall take title free of such Assessment lien or any personal obligation for said charges as shall have accrued up to the time of any of the Events of Foreclosure, but subject to the Assessment lien for all said charges that shall accrue subsequent to the Events of Foreclosure. A First Mortgagee's rights pursuant to this Section shall not be affected by the failure of such First Mortgagee to deliver a notice to the Board. OC DOCM107065.4 25 0811519614:23 (b) Reallocation of Assessments. Notwithstanding the foregoing, any delinquent Special Benefits Assessments in a Special Benefits Area other than Penalty Assessments that were extinguished pursuant to this paragraph may be reallocated and assessed to all Separate Interests within such Special Benefits Area as a Special Benefits Expense and any other delinquent Assessments other than Penalty Assessments that were extinguished pursuant to this paragraph may be reallocated and assessed to all Separate Interests as a Common Expense. (c) Cal -Vet. The lien of the Assessments and Allowable Charges as aforesaid shall also be subordinate to the interests of the Department of Veterans Affairs of the State of California as the vendor under its Cal -Vet loan contracts to the same extent that the said liens are made subordinate to the liens or charges of First Mortgages as provided above. ARTICLE V ARCHITECTURAL CONTROL Section 5.01- Architectural Committee. (a) Appointment of Committee. The Architectural Committee shall consist of not fewer than three (3) nor more than five (5) persons as fixed from time to time by resolution of the Board. Declarant shall initially appoint the Architectural Committee until the first anniversary of the issuance of the original Final Subdivision Public Report for the First Phase. Declarant shall retain the right to appoint, augment or replace a majority of the members of the Architectural Committee until (i) ninety percent (90.0%) of the Separate Interests within the Development have been sold, or (ii) until the fifth (5th) anniversary date of the onginal issuance of the Final Subdivision Public Report for the First Phase, whichever of (1) or (ii) first occurs. Thereafter the Board shall have the power to appoint all of the members of the Architectural Committee. As long as Declarant has the right to appoint some but not all of the members of the Architectural Committee, the Board shall have the nght but not the obligation to fill the remaining vacancies on the Architectural Committee. Persons appointed by the Board to the Architectural Committee must be Members; however, persons appointed by Declarant to the Architectural Committee need not be Members, in DeclaranVs sole discretion. (b) Address for Submittal of Plans and Specifications. The address of the Architectural Committee shall be the address established for giving notice to the Association unless another address is specified for such purpose in the Architectural Guidelines. Such address shall be the place for the submittal of plans and specifications and the place where the current Architectural Guidelines shall be kept. Section 5.02 - Architectural Guidelines. For as long as a majority of the members of the Architectural Committee have been appointed by Declarant, the Architectural Committee may, from time to time, adopt, amend, repeal and promulgate Architectural Guidelines. When the right to appoint a majority of the members of the Architectural Committee has been transferred to the Board, the Architectural Guidelines shall then be adopted, amended and repealed from time to time by the Board. The Architectural Guidelines, which will in either event be administered by the Architectural Committee, may include restrictions, limitations or requirements upon the Owners which among other things: (a) establish time limitations for the completion of the Improvements for which approval is required pursuant to the Architectural Guidelines; (b) require conformity of completed Improvements to plans and specifications approved by the Architectural Committee; OC D0051107065.4 26 0911519614:23 (c) restrict or regulate the placement, kind, shape, color, height, materials, species and location of any Improvement; (d) describe Improvements which, if completed in conformity with the Architectural Guidelines, do not require the approval of the Architectural Committee; (e) require the prepayment of a deposit to be applied toward the payment of any Special Assessment levied by the Board if such Owner fails to restore any portion of the Covered Property to a clean and attractive condition; and (f) assess a reasonable fee as appropriate for the type and nature of the Improvement, to cover the cost of inspections that may be necessary to insure compliance and in connection with the review of plans and specifications for proposed Improvements, including without limitation, a procedure for approval of preliminary plans and drawings, as well as final approval, the number of sets of plans to be submitted, and may require such detail' as it deems proper, including without limitation, floor plans, site plans, elevation drawings, and descriptions or samples of exterior material and colors. Unless all of the requirements of the Architectural Guidelines have been complied with, plans and specifications for any of the above Improvements shall be deemed not submitted. Section 5.03 - Functions of Architectural Committee. No Improvements shall be made upon the Covered Property except in compliance with plans and specifications therefor which have been submitted to and approved by the Architectural Committee except as may otherwise be provided in the Architectural Guidelines or in.any Supplementary Declaration. It shall be the duty of the Architectural Committee to consider and act upon proposals or plans submitted pursuant to the terms of this Declaration or the Architectural Guidelines, and to perform such other duties delegated to it by the Board. The Architectural Committee may delegate its plan review responsibilities to one or more members of such Architectural Committee. Upon such delegation, the approval or disapproval of plans and specifications by such persons shall be equivalent to approval or disapproval by the entire Architectural Committee. The Architectural Committee (a) may determine that an Improvement cannot be approved because of its effect on existing drainage, utility or other easements, (b) may require submission of additional plans and specifications or other information or materials prior to approving or disapproving plans and specifications submitted, or (c) may condition its approval of plans and specifications for any Improvement on such changes therein as it deems appropriate such as, and without limitation, the approval of such Improvement by a holder of an easement which may be impaired thereby or upon approval of any such Improvement by the appropriate Public Agency. Section 5.04 - Approval Process. An Owner who intends to make any Improvements within his Separate Interest shall submit plans and specifications to the Architectural Committee to determine whether the modifications comply with this Article and the Architectural Guidelines. The Architectural Committee shall review plans and specifications submitted for its approval as to style, exterior design, appearance and location and shall approve such plans and specifications only if. (a) the proposed Improvement is deemed to not be detrimental to the appearance of the Development as awhole; (b) the Improvement complies with the Architectural Guidelines; (c) the appearance of any Improvements will be in harmony with the surrounding structures; (d) the construction of any Improvement will not detract from the beauty and attractiveness of the Development or the enjoyment thereof by the Owners; and OC_DOCs\107065.4 27 08/15/96 14:23 (e) the upkeep and maintenance of any Improvement will not become a burden on the Association. Any Architectural Committee approval conditioned upon the approval by a Public Agency or an easement holder shall not imply the Association is enforcing any government codes or regulations or provisions of any easement agreement, nor shall the failure to make such conditional approval imply that any such Public Agency or easement holder approval is not required. Section 5.05 - Nonliability for Approval. Plans and specifications are not approved for: (a) engineering design; (b) compliance with zoning and building ordinances, and other applicable statutes, ordinances or governmental rules or regulations; (c) compliance with the requirements of any public utility, (d) compliance with any easements or other agreement; or (e) preservation of any view. By approving such"plans and specifications neither the Architectural Committee, the members thereof, the Association, the Owners, the Board nor Declarant, nor agents, employees, attorneys or consultants of any of the foregoing, assume liability or responsibility therefor, or for any defect in any Improvement constructed from such plans and specifications or for any obstruction or impairment of view caused or created as the result of any Improvements approved by the Architectural Committee. Section 5.06 - Exemption of Declarant. As provided elsewhere in the Association Management Documents, Declarant is not subject to the provisions of the Association Management Documents pertaining to architectural control. Any Improvements constructed by Declarant shall automatically be in compliance with the Association Management Documents and shall not be subject to further architectural control until and unless there has been a change or alteration made by a successor in title to Declarant as to any Separate Interest in the material, texture, color or appearance of any such Improvement upon such Separate Interest. Normal maintenance, repair or reconstruction by any successor in title to Declarant in the event of a destruction, in substantial conformance with the Improvements constructed by Declarant, shall not be deemed to be an Improvement that requires approval pursuant to the provisions of this Article. Section 5.07 - Evidence of Approval. If the Improvements upon a Separate Interest comply with the provisions of the Architectural Guidelines and other Association Management Documents, the Architectural Committee shall, upon request, issue a statement (hereinafter a "Compliance Statement") which will evidence such compliance. If any of the Improvements upon such Separate Interest do not comply with the provisions of the Architectural Guidelines and other Association Management Documents, the Architectural Committee shall, upon such request, issue a statement (hereinafter a "Noncompliance Statement") delineating the corrective action that is required to bring such Improvements into compliance with the Architectural Guidelines or other Association Management Documents. The Compliance Statement or Noncompliance Statement, as applicable, must be provided within the time limitation set forth in the Section entitled "Performance Dates" of this Article. In the event the Architectural Committee has issued a Noncompliance Statement as to any such Separate Interest, the Architectural Committee shall provide a Compliance Statement, upon request, after the corrective work has been satisfactorily completed which shall then evidence that the Improvements upon such Separate Interest comply with the provisions of the Architectural Guidelines and other Association Management Documents. Any Compliance or Noncompliance Statement issued by the Architectural OC DOCSU07065.4 28 0811519614:23 Committee shall be executed by any person or persons authorized by resolution of the Board or by the president and secretary of the Association. The signatures on a Compliance Statement shall be notarized. A Compliance Statement shall be conclusive evidence of compliance with the provisions of the Association Management Documents as to the Improvements described in the Compliance Statement and further approval of any such Improvements shall not be required unless there is a change or alteration in material, exterior appearance, color or texture in such Improvements. The Association shall be entitled to collect a fee to cover the cost of inspections and other costs in connection with the issuance of any Compliance Statements and Noncompliance Statements in accordance with the provisions of this Declaration contained in the Section entitled "Limitation on Fees" of the Article entitled "Assessments" and the Section entitled "Architectural Guidelines" of this Article. Failure to schedule an inspection or to issue a Compliance Statement or Noncompliance Statement for any reason within the time limitation established herein shall be deemed to mean that all existing Improvements do comply with the Association Management Documents and any such requesting Owner, purchaser, Mortgagee or prospective Mortgagee shall be entitled to receive a Compliance Statement evidencing such compliance. Section 5.08 - Performance Dates. Failure to make the inspections and responses required to be made pursuant to the provisions of this Article shall have the effect Indicated below in this Section. (a) Approval of Plans and Specifications. In the event the Architectural Committee fails to approve or disapprove plans and specifications within thirty (30) days after the same have been duly submitted in accordance with any rules regarding such submission adopted by the Architectural Committee or the Board as provided in this Declaration, such plans and specifications will be deemed approved. (b) Request for Appeal. The written request for an appeal to the Board of a decision rendered by the Architectural Committee must be received by the Board not more than fifteen (15) days following the final decision of the Architectural Committee. (c) Decision of Board. The Board shall render its written decision in connection with a written appeal to the Board of a final decision of the Architectural Committee within forty-five (45) days following receipt of the request for appeal. Failure of the Board to render such decision within such period of time shall be deemed a decision in favor of the appellant. (d) Inspection of Completed Improvements. If for any reason an inspection has not been made within forty-five (45) days of written notification by the Owner of the completion of an Improvement or the Owner requesting such inspection has not been notified of any noncompliance within thirty (30) days after such inspection, the Improvement shall be deemed to be completed in substantial conformance with approved plans and specifications. (e) Statement of Compliance or Noncompliance. The Architectural Committee shall provide to any Owner, prospective Owner, Mortgagee or prospective Mortgagee of a Separate Interest who has submitted a written request therefor a statement as to the compliance or noncompliance, as the case may be, of the Improvements upon such Separate Interest made by Owners other than Declarant with the provisions of the Association Management Documents provided that the Architectural Committee, after notice of not less than three (3) days delivered to the Owner of such Separate Interest, was afforded the right to enter upon the affected Separate Interest at a reasonable time specified by the Architectural Committee. Section 5.09 -Nonconformity. In the event an Improvement was commenced without the required approval of the Architectural Committee, or, if such Improvement was not completed within the time limitation established for such Improvement in the Architectural Guidelines or in substantial conformance with the approved plans and specifications, a Notice of Violation of Restrictions shall be delivered to the violating Owner and recorded in the Official Records and the Architectural Committee shall correct the OC DOCS\107065.4 29 08/15/9614:23 violation or take other appropriate action in accordance with the procedure described in the Article entitled "Discipline of Members" of the Bylaws. The Notice of Violation of Restrictions shall be deleted of record when the violation has been corrected to the satisfaction of the Architectural Committee or the Board. Section 5.10 - Variances. The Architectural Committee, for as long as a majority of the members of the Architectural Committee have been appointed by Declarant, and thereafter the Board may authorize a variance from compliance with the architectural controls set forth in this Article when circumstances such as topography, natural obstructions, hardship, aesthetic, or environmental consideration may require; provided, however, that no variance from the use restrictions contained in the Article entitled "Use Restrictions" of this Declaration may be granted. Written evidence of such variance must be delivered to such Owner and a copy of the resolution of the Board authorizing such variance must be retained in the permanent records of the Association. If such variances are granted, no violation of the covenants, conditions and restrictions contained in the Association Management Documents shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of the Association Management Documents for any purpose except as to the particular Separate Interest and particular provision of this Article covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all government laws and'regulations affecting his use of his Separate Interest including, but not limited to, zoning ordinances and lot setback lines or requirements imposed by any governmental or municipal authority. ARTICLE A INSURANCE Section 6.01- Obligation to Insure. The Association shall obtain and maintain in effect insurance coverage in the amounts and with endorsements deemed adequate by the Board. All coverage must be consistent with Public Agency insurance laws. The Association shall obtain and maintain in effect such insurance policies written with insurance carriers that meet the requirements of the Federal Agencies with coverage and endorsements established from time to time by any of the Federal Agencies in order to assure that Owners will be able to qualify for, and obtain Mortgages that will be secured by the Separate Interests of such Owners. As of the recordation of this Declaration, the insurance requirements of such Federal Agencies include without limitation those specifically itemized below in this Article. Section 6.02 - Public Liability Insurance. (a) Insured. The commercial general liability insurance policy shall insure the Association against any liability incident to the ownership or use of the Association Property or any other areas including any commercial spaces (even if such commercial spaces are leased to others) and public ways under the supervision of the Association. Amount of Coverage. The limits of such insurance shall not be less than the limit acceptable to the Federal Agencies which, as of the date hereof, is One Million Dollars ($1,000,000) for claims arising out of a single occurrence for personal injury, bodily injury, deaths of persons and property damage. (c) Additional Coverage. Coverage under this policy shall include without limitation liability of the insureds for property damage, bodily injury and deaths of persons in connection with the operation, maintenance or use of the Association Property. If such policy does not include "severability of interest" in its terms, a specific endorsement will be required precluding the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners. OC 1)0=107065.4 30 0811519614:23 (d) Other Mortgage Investors. The Association shall obtain such other coverage in kinds and amounts usually required by Mortgage investors in other projects in the area including, where applicable and available, comprehensive automobile liabilitybailee's liability, elevator collision liability, garage keeper's liability, host liquor liability, workers' co,mpensation and employer's liability and contractual liability. Section 6.03 - Fire and Casualty Insurance. (a) Insured. The policy shall name as insured the Association, for the use and benefit of the Owners. (b) Insured Improvements. The policy of fire and casualty insurance shall cover all of the insurable Improvements within the Association Property of each Phase of the Covered Property in which a Close of Escrow has occurred except Improvements within Exclusive Use Common Area, including fixtures and building service equipment that are part of such Association Property as well as common personal property and supplies belonging to the Association. The term "insurable Improvements," as used in this Article, shall mean those Improvements which are capable of being insured and specifically do not include items that are usually excluded from insurance coverage. (c) Amount of Coverage. The policy shall be in an amount equal to one hundred percent (100%) of the insurable replacement value of all such insurable Improvements and shall provide for loss or damage settlement on the current replacement cost, without deduction for depreciation or coinsurance, of all of the property covered by the policy. Under Fannie Mae regulations, an insurance policy that includes either of the following endorsements will assure full insurable value replacement cost coverage. (i) A Guaranteed Replacement Cost Endorsement (under which the insurer agrees to replace the insurable property regardless of the cost) and, if the policy includes a coinsurance clause, an Agreed Amount Endorsement (which waives the requirements for coinsurance); or (ii) A Replacement Cost Endorsement (under which the insurer agrees to pay up to one hundred percent (100%) of the property's insurable replacement.cost, but no more) and, if the policy includes a coinsurance clause, an Agreed Amount Endorsement (which waives the requirement for coinsurance). (d) Type of Coverage. Such insurance must afford protection against at least loss or damage by fire and other perils normally covered by the standard extended coverage endorsement, and such other perils which are customarily covered and required by private institutional Mortgage investors with respect to planned development projects similar in construction, location and use, including all perils normally covered by the standard "all risk" endorsement. (e) Deductible. Unless a higher maximum is required by California law, the maximum deductible amount must be the lesser of Ten Thousand Dollars ($10,000) or one percent (1%) of the policy face amount. Funds for such deductible amounts must be included in the Association's reserves and must be so designated. (f) Endorsements. (i) Fannie Mae Regulations. Fannie Mae regulations require the following endorsements: (A) an Inflation Guard Endorsement, when it can be obtained; OC DOCS1107065.4 31 0811519614:23 (B) Building Ordinance or Law Endorsement, if the enforcement of any building, zoning, or land -use law will result in loss or damage, increased cost of repairs or reconstruction, or additional demolition and removal costs. (The endorsement must provide for contingent liability from the operation of building laws, demolition costs, and increased costs of reconstruction); and (C) Steam Boiler and Machinery Coverage Endorsement, if the project has central heating or cooling. This coverage should provide for the insurer's minimum liability per accident to at least equal the lesser of Two Million Dollars ($2,000,000) or the insurable value of the building(s) housing the boiler or machinery, and (ii) Freddie Mac Regulations. Freddie Mae regulations provide that the Association must also obtain any additional coverage commonly required by private Mortgage investors for developments similar in construction, location and use, including, where applicable and available, agreed amount, demolition cost, increased cost of construction, and boiler and machinery. The insurer's minimum liability per accident under boiler and machinery coverage must equal the insurable value of the building housing such boiler or machinery or Two Million Dollars ($2,000,000), whichever is less. Section 6.04 - Fidelity Insurance. To the extent that fidelity insurance is required by Fannie Mae, the following Fannie Mae regulations would apply: (a) Insured. The fidelity insurance policy shall name the Association as insured and shall contain waivers of any defense based on the exclusion of persons who serve without compensation from any definition of "employee" or similar expression. (b) Amount of Coverage. The fidelity insurance policy should cover the maximum funds that will be in the custody of the Association or its management agent at any time while the insurance is in force, but must be written in an amount of not less than the highest amount required by any of the Federal Agencies. (c) Extent of Coverage. Any blanket fidelity insurance required by any of the Federal Agencies shall cover losses resulting from dishonest or fraudulent acts on the part of anyone who handles or is responsible for funds held or administered by the Association, including directors, officers, trustees, employees or volunteers of the Association. Where the Association delegates some or all of the responsibility for the handling of funds to a management agent, fidelity insurance coverage is required for its officers, employees and agents handling or responsible for funds of, or administered on behalf of, the Association whether or not such persons receive compensation for services. A management agent who handles funds for the Association should also be covered by its own fidelity insurance policy which must provide the same coverage required by the Association and must submit evidence of such coverage to the Association. The Association shall be named as an additional insured in the management agent's insurance policy. (d) Financial Controls to Reduce Fidelity Coverage. Reduced fidelity insurance coverage is permitted under Fannie Mae and Freddie Mac regulations provided that financial controls include one or more of the following: (i) Separate accounts are maintained for the working account and the reserve account, each with appropriate access controls, and the bank in which funds are deposited sends copies of the monthly bank statements directly to the Association; OC DOCS\107065.4 32 0911519614:23 (ii) The management company maintains separate records and bank accounts for each association that uses its services and the management company does not have the authority to draw checks on, or to transfer funds from, the Association's reserve account; or (iii) Two members of the Board must sign any checks written on the reserve account. Section 6.05 - Flood_ Insurance. (a) Insured Improvements. The Association shall obtain and maintain a policy of flood insurance if required by any of the Federal Agencies to cover building and other common property that have been identified by the Director of the Federal Emergency Management Agency ("FEMM) as being within a Special Flood Hazard Area ("SFHA"). (b) Amount of Coverage. The amount of flood insurance should be at least equal to the lesser of one hundred percent (100%) of the insurable value of the facilities or the maximum coverage available under the appropriate National Flood Insurance Administration program. (c) Deductible. Unless a higher deductible amount is required by California law, the maximum deductible amount for policies covering such Improvements shall be the lesser of Five Thousand Dollars ($5,000) or one percent (1%) of the policy's face amount. Funds for such deductible amounts must be included in the Association's reserves and must be so designated. Section 6.06 - Officer and Director Liability. (a) A volunteer officer or volunteer director of the Association (which manages a Common Interest Development that is exclusively residential) shall not be personally liable in excess of the coverage of insurance specified in subsection (iv) below to any person who suffers injury, including, but not limited to, bodily injury, emotional distress, wrongful death, or property damage or loss as a result of the tortious act or omission of the volunteer officer or volunteer director if all of the following criteria are met: (i) The act or omission was performed within the scope of the officer's or director's Association duties; (ii) The act or omission was performed in good faith; (iii) The act or omission was not willful, wanton, or grossly negligent; (iv) The Association maintained and had in effect at the time the act or omission occurred and at the time a claim is made one or more policies of insurance which includes coverage for (A) general liability of the Association, and (B) individual liability of officers and directors of the Association for negligent acts or omissions in that capacity; provided, that both types of coverage are in the following minimum amount: (A) At least Five Hundred Thousand Dollars ($500,000) if the Common Interest Development consists of one hundred (100) or fewer Separate Interests; or (B) At least One Million Dollars ($1,000,000) if the Common Interest Development consists of more than one hundred (100) Separate Interests. (b) The payment of actual expenses incurred by a director or officer in the execution of the duties of that position does not affect the director's or officer's status as a volunteer within the meaning of this Section. OC DOCS\107065.4 33 0811519614:23 (c) An officer or director who at the time of the act or omission was a Declarant or who received either direct or indirect compensation as an employee from Declarant, or from a financial institution that purchased a Separate Interest, at a judicial or nonjudicial foreclosure of a Mortgage is not a volunteer for the purposes of this Section. (d) Nothing in this Section shall be construed to limit the liability of the Association for its negligent act or omission or for any negligent act or omission of an officer or director of the Association. (e) This Section shall only apply to a volunteer officer or director who is a tenant of a Separate Interest in the Common Interest Development or is an Owner of no more than two Separate Interests in the Common Interest Development. Section 6.07 - Morteazee Protection. (a) Notice of Cancellation or Modification. All insurance policies maintained by the Association must provide that such policies may not be canceled, reduced or substantially modified without at least ten (10) days' prior written notice to the Association and to each First Mortgagee listed as a scheduled First Mortgagee in the policy. (b) Mortgagee Clause. All policies documenting insurance for hazard and flood insurance coverage obtained by the Association must have the "standard mortgage clause" or equivalent endorsement providing that coverage of a Mortgagee under the insurance policy will not be adversely affected or diminished by an act or neglect of the Mortgagor, which is commonly accepted by private institutional mortgage investors in the area in which the Covered Property is located, unless such coverage is prohibited by applicable law. Section 6.08 -Wair tVIE! Owners. All insurance obtained by the Association shall be maintained by the Association fohe benefit of the Association, the Owners and the Mortgagees as their interests may appear. As to each of said policies which will not be voided or impaired thereby, the Owners hereby waive and release all claims against the Association, the Board, other Owners, Declarant and agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by said persons, but to the extent of insurance proceeds received in compensation for such loss only. Section 6.09 - Annual Insurance Review. The Board shall at least annually determine whether the amounts and types of insurance it has obtained provide adequate coverage in light of increased construction costs, inflation, practice in the area in which the Covered Property is located, or any other factor which tends to indicate that either additional insurance policies or increased coverage under existing policies are necessary or desirable to protect the interest of the Owners and of the Association. If the Board determines that increased coverage or additional insurance is appropriate, it shall obtain the same. ARTICLE VII OBLIGATIONS OF DECLARANT Section 7.01 - Enforcement of Bonded Obligations. In the event that the Improvements to the Association Property have not been completed by Declarant prior to the issuance of a Final Subdivision Public Report covering such Phase and the Association is obligee under a bond or other arrangement (the "Bond") to secure performance of the commitment of Declarant to complete such Improvements, the following provisions shall apply: OC DOCS\107065.4 34 0811519614:23 (a) The Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any Improvements for which a Notice of Completion has not been filed within sixty (60) days after the completion date specified for such Improvements in the planned construction statement appended to the Bond. If the Association has given an extension in writing for the completion of any Association Property Improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed within thirty (30) days after the expiration of such extension. (b) In the event that the Board determines not to initiate action to enforce the obligations under the Bond, or in the event the Board fails to consider and vote on such question as provided above, Members representing not less than five percent (5%) of the total voting power of the Association may present a signed petition to the Board or to the president or secretary of the Association demanding a meeting for the purpose of voting to override such decision or such failure to act by the Board. Such meeting shall be called according to the provisions of the Bylaws dealing with meetings of the Members, but in any event such meeting shall be held not less than thirty-five (35) days nor more than forty-five (45) days after receipt by the Board of a petition for such meeting. (c) The only Members entitled to vote at such meeting of Members shall be the Members other than Declarant. A vote at such meeting of a majority of the voting power of such Members other than Declarant to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. Section 7.02 - Subdivision Documents Provided by Declarant. Declarant has or shall deliver to the Board at the office of the Association, or at such other place as the Board shall prescribe, copies of any of the documents listed below commencing not later than ninety (90) days after the Close of Escrow of the first Separate Interest in the Covered Property as to those documents that are readily obtainable as to the First Phase, and commencing not later than ninety (90) days after the annexation of each additional Phase, as to the documents that are readily obtainable after the annexation of each subsequent Phase. (a) any recorded Subdivision Map; (b) deeds and easements executed by Declarant conveying Association Property or other interests to the Association, to the extent applicable; (c) recorded Association Management Documents, which by definition, include the Articles of Incorporation, Bylaws, Declaration, Architectural Guidelines, Supplementary Declarations, Association Rules, and any amendments thereto; (d) plans approved by the local Public Agency where the subdivision is located for the construction or improvements of facilities that the Association is obligated to maintain or repair, provided, however, that the plans need not be as -built plans and provided further that the plans may bear appropriate restrictions on their commercial exploitation or use and may contain appropriate disclaimers regarding their accuracy; (e) notice of completion certificates issued for Association Property Improvements; (f) any bond or other security device in which the Association is the beneficiary; (g) any written warranty being transferred to the Association for Association Property equipment, fixtures, or Improvements; OC DOCS\107065.4 35 0811519614:23 (h) any insurance policy procured for the benefit of the Association, its Board or the Association Property; (i) any lease or contract to which the Association is a party; 0) membership register, including mailing addresses and telephone numbers, books of account and minutes of meetings of the Members, of the Board and of committees of the Board;, and (k) any instrument referred to in Section 11018.6(d) of the California Business and Professions Code not described above which establishes or defines the common, mutual or reciprocal rights or responsibilities of Members. The obligation to deliver the documents listed above shall apply to any documents obtained by Declarant no matter when obtained, except that, notwithstanding the foregoing, such obligation shall terminate upon the earlier to occur of (i) the conveyance of the last Separate Interest covered by a Final Subdivision Public Report, or (n) three years after the expiration of the most recent Final Subdivision Public Report issued for the Common Interest Development. ARTICLE Vill REPAIR AND MAINTENANCE Section 8.01- By Association. Except to the extent that an Owner may be obligated to maintain and repair as hereinafter provided, and without limiting the generality of the statement of duties and powers contained in the Association Management Documents, the Association acting through its Board and its officers shall have the duty to accomplish the following upon the Covered Property or other land in such manner and at such times as the Board shall prescribe: (a) Association Property. The Association shall manage, operate, control, maintain, repair, restore, replace and make necessary Improvements to the Association Property within the First Phase, except any portion thereof that is to be maintained by the Owners as hereinafter provided in this Article, such Improvements to include, without' limitation, the following: (i) Private Streets and adjacent streetscapes within the Covered Property in conformance with the standard of maintenance established by the Public Agency responsible for public streets and streetscapes; (ii) Exclusive Use Common Areas, or portions thereof, that are not required to be maintained and repaired by an Owner pursuant to the provisions of this Declaration or pursuant to an instrument recorded in the Official Records pursuant to the Section entitled "Additional Exclusive Use Common Area" of the Article entitled "Easements and Rights" of this Declaration; and (iii) guard and/or card -controlled security gates and security systems; (iv) the Bridge within Lot A of Tract 15222; (v) Storm Drain Improvements. (b) Other Property. The Association shall manage, operate, control, maintain, repair, replace and restore the Improvements described on Exhibits attached hereto as follows: OC DOCS\107065.4 36 0811519614:23 (i) Storm Drain Improvements within Drainage Easement Areas; (ii) Landscaping Improvements within the Common Landscape Maintenance Areas; (iii) Perimeter Walls, or portions thereof, as follows: (A) all surfaces of any wrought iron Perimeter Walls or the wrought iron portions of combination masonry block and wrought iron Perimeter Walls; (B) the exterior surface (defined to mean the side fronting Association Property, private or public streets, or away from the dwelling structure within a Separate Interest) of any masonry Perimeter Wall or the masonry portion of any combination block and wrought iron Perimeter Walls; (iv) Landscaping Improvements within the Special Benefits Common Area of Special Benefits Common Area No. 1; (c) Wood Destrovine Pests and Organisms Upon approval of the majority of all Members, the responsibility for the repair and maintenance of the Separate Interests as may be occasioned by the presence of wood -destroying pests or organisms may be delegated to the Association which shall be entitled to recover the cost thereof as a Special Assessment and in the event of any such delegation, the following provisions would apply: (i) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the Association shall be borne by the Owner of the Separate Interest affected. (ii) The Association may cause the temporary summary removal of any occupant of a Common Interest Development for such periods and at such times as may be necessary for prompt, effective treatment of wood -destroying pests or organisms. The Association shall give notice of the need to temporarily vacate a Separate Interest to the occupants and to the Owners, not less than fifteen (15) days nor more than thirty (30) days prior to the date of the temporary relocation. The notice shall state the reason for the temporary relocation, the date and time of the beginning of treatment, the anticipated date and time of termination of treatment, and that the occupants will be responsible for their own accommodations during the temporary relocation. Notice by the Association shall be deemed completed upon either (1) personal delivery of a copy of the notice to the occupant, and sending a copy of the notice to the Owners, if different than the occupants, by first-class mail, postage prepaid at the most current address shown on the books of the Association, (2) by sending a copy of the notice to the occupants at the Separate Interest address and a copy of the notice to the Owners, if different than the occupants, by first-class mail, postage prepaid, at the most current address shown on the books of the Association. (iii) For purposes of this Section "occupant" means an Owner, resident, guest, invitee, tenant, lessee, sublessee, or other person in possession on the Separate Interest. (d) As Required by Owners. The Association shall maintain all other areas, facilities, equipment, services or aesthetic components of whatsoever nature as may from time to time be requested by the vote or written consent of a majority of the voting power of the Association; (e) Subsequent Phases. The Association shall accomplish any of the foregoing activities or any maintenance, repair, restoration or replacement of any other Improvements that are described in a Supplementary Declaration covering any subsequent Phase of the Development. OC DOCs\107065.4 37 0911519614:23 (f) Allocation of Costs. The costs of any such maintenance and repair of Special Benefits Common Area pursuant to this Section shall be Special Benefits Expenses of the Special Benefits Area that is to receive the benefit of such maintenance. The costs of any other maintenance and repair shall be Common Expenses except as otherwise specified in this Declaration for costs which are to be paid in the form of Special Assessments, Reconstruction Assessments, Reimbursement Assessments or Capital Improvement Assessments. (g) Commencement of Activities. The obligation of the Association to commence the performance of any of the foregoing activities upon the property that is described in this Declaration shall commence as to such property when Regular Assessments commence against the Separate Interests within the First Phase. The obligation of the Association to commence the performance of any of the foregoing or other activities upon property that is described in a Supplementary Declaration shall commence when Regular Assessments commence against the Separate Interests that are within the Phase that is covered by such Supplementary Declaration. Any Exhibits depicting or delineating maintenance areas or obligations of the Association are for illustrative purposes only. The "as -built" condition of all such maintenance areas and obligations as built by Declarant shall be controlling. Section 8.02 - By Owner. All portions of a Separate Interest that are not required to be maintained by the Association pursuant to the provisions of this Declaration or any Supplementary Declaration shall be maintained, repaired, replaced, reconstructed and restored by the Owner of such Separate Interest in good condition and repair in accordance with the Architectural Guidelines, any rules and regulations promulgated by the Board, and, if required by such Architectural Guidelines or rules and regulations, only after approval of the Architectural Committee in accordance with the following provisions: (a) Landscaping. Landscaping upon all portions of the yard of a Separate Interest which are visible from a street or Association Property shall be completed on or before a date six (6) months from the Close of Escrow of such Separate Interest; (b) 'Wood -Destroying Pests. Each Owner shall be responsible for the repair and maintenance of his Separate Interest as may be occasioned by the presence of wood -destroying pests or organisms unless the responsibility for such repair and maintenance was delegated to the Association pursuant to a vote of a majority of all Members as set forth above in this Article. (c) Fences and Walls. Each Owner shall be responsible for the maintenance of any fences or walls, or portions thereof, that are located within or on the boundary of his Separate Interest, such maintenance to specifically include the cleaning of all surfaces of any plexiglass fence or the plexiglass portion of any combination fence that is within, or forms the boundary of, his Separate Interest. Any Perimeter Walls and other fences or walls installed by Declarant that are within or that form the boundary of the Separate Interest shall not be removed, reconstructed or modified as to structure, finish or color without the prior written consent of the Architectural Committee. Any damaged or destroyed Perimeter Walls and other fences and walls, or portions thereof, that are being maintained by an Owner must be restored or reconstructed to a condition as initially constructed by Declarant or as approved by the Architectural Committee. Party wall fences shall be maintained by the Owners who share the use thereof as set forth in the Article entitled "Party Walls" of this Declaration. (d) Slopes and Terraces. All slopes and terraces shall be maintained so as to prevent any erosion thereof upon adjacent streets or adjoining property. (e) Assumption of Obligation. An Owner shall be relieved of any obligation and responsibility set forth above in this Section to the extent that such obligation and responsibility have been delegated to, OC DOCS\107065.4 38 08/15/9614:23 or assumed by, the Association pursuant to the provisions of this Declaration or any Supplementary Declaration annexing additional property thereto. (f) Storm Drains. Each Owner shall maintain and repair any storm drain facilities within his Residence or any portions of the Residence in which any such storm drain facilities are located to a condition that will ensure that drainage is not blocked and water does not pond to the extent that it would damage any other Residence or Association Property or that will not cause water to pond upon any adjacent Residence or Association Property. In the event that any drainage facilities service more than one Residence, no Improvements shall be commenced within any such portion of the Residence on which the drainage facilities are located that would interfere with the drainage to or through such drainage facilities from or to any such other Residences unless adequate provisions have been made to relocate the drainage flow to the satisfaction of the Architectural Committee. Owners shall be relieved of their obligations under this Section to the extent that such obligations are the responsibility of the Association. Section 8.03 - Repair of Damage. In the event the Board shall determine that any portion of the Covered Property required to be maintained by the Association has been damaged or destroyed by any negligent or malicious act or omission of any Owner, his family, guests, employees, tenants, or agents, such Owner shall be responsible for the cost of repairing such damage in accordance with the Article entitled "Discipline of Members" of the Bylaws. Any increase in insurance payable by the Association which is the result of damage by any negligent or malicious act or omission of a particular Owner, or any of such Owner's family, guests, employees, tenants or agents, shall also be paid by such Owner. The Board shall have the power to levy a Reimbursement Assessment against such Owner for the cost of repair or for an amount equal to any such increase in premium. Section 8.04 - Noncompliance by Owner. In the event that an Owner fails to accomplish any installation, maintenance or repair required by this Article, the Board shall give to such Owner a nonce describing such deficiency and an opportunity to have a hearing as provided in the Section entitled "Enforcement" of the Article entitled "Discipline of Members" of the Bylaws. The Association shall also have the right to record a Notice of Violation of Restrictions describing such deficiency. Section 8.05 - Maintenance of Public Utilities. Nothing contained herein shall require or obligate the Association to maintain, replace or restore the underground facilities or public utilities which are located within easements in the Association Property owned by such public utilities. Section 8.06 - Transfer of Association Property. (a) The Association Property within a Phase shall be conveyed to the Association prior to or concurrently with the first Close of Escrow to occur within such Phase. Declarant shall convey the Association Property to the Association free of all liens and encumbrances except current real property taxes and assessments (which taxes and assessments shall be prorated as of the date of conveyance), title exceptions of record and the covenants, conditions, reservations and restrictions contained in this Declaration and the instrument which conveys the Association Property to the Association. (b) The Association shall be deemed to have accepted the obligation to maintain the Improvements required to be maintained by the Association within any Phase (i) when such Improvements have been completed in substantial conformance with the plans and specifications therefor, and (il) when a Close of Escrow has occurred within such Phase. The issuance of a certificate by the architect who designed any such Improvements stating that such Improvements are in substantial conformance with the original plans and specifications shall be satisfactory evidence of such completion. OC DOCS\107065.4 39 0811519614:23 The Association shall release Declarant from the Bond defined in the Section entitled 'Enforcement of Bonded Obligations" of the Article entitled "Obligations of Declarant" of this Declaration as to any Improvements accepted for maintenance as provided above. ARTICLE IX EASEMENTS AND RIGHTS Section 9.01- Nature of Easements. Unless otherwise set forth herein, all easements reserved to Declarant herein shall be nonexclusive. Section 9.02 - Ineress and Egress over Private Streets. There is hereby reserved to Declarant, together with the right to grant and transfer same, easements over the Private Streets within the Covered Property for ingress, egress, use and enjoyment for the benefit of the Annexation Property, or any portion thereof. There is hereby reserved to same: (a) Improvements. Easements (i) over the Association Property for the purpose of constructing, erecting, operating and maintaining thereon, therein or thereunder roads, streets, walks, driveways, parkways and park areas, and (ii) over the Covered Property for the installation and maintenance of electric, telephone, cable television, water, gas, irrigation lines, sanitary sewer lines and drainage facilities; (b) Cable Television. The right to emplace on, under or across the Covered Property transmission lines and other facilities for a cable television or a community antenna television system and the right to enter upon the Covered Property to service, maintain, repair, reconstruct and replace said lines or facilities; (c) Construction and Sales. Easements for construction, display, maintenance, sales and exhibit purposes over the Association Property other than Exclusive Use Common Area in connection with the erection and sale or lease of Separate Interests within the Covered Property provided, however, that the easement for such use shall not be for a period beyond the sale by Declarant of all Separate Interests within the Development; (d) Easements Shown on Subdivision Man. Easements over the Covered Property as shown and described on any Subdivision Map, which may include, but not be limited to, the following: (i) Public Bicycle and Pedestrian Trails. An easement for ingress and egress over any bicycle, pedestrian, equestrian or other trails. The reservation of this easement shall not imply any right of public use of the Covered Property or Improvements. (ii) Utilities. Easements for the installation and maintenance of electric, telephone, cable television, water, gas, sanitary sewer lines and drainage facilities; and (iii) Other Purposes. Easements for any other purposes as designated on the Subdivision Map which may include, but not be limited to, easements for ingress, egress, drainage, maintenance, repair and replacement of Improvements. OC DOCS1107065.4 40 0811519614:23 (e) Completing Improvements. Easements over the Association Property for the purpose of completing Improvements required to be made by Declarant provided that access for such purpose is not otherwise reasonably available; (f) Repairs. Easements over and upon the Association Property for the purpose of making repairs; and (g) Redesign Improvements. Easement and right to redesign any portion of the Improvements which have been constructed, or are proposed to be constructed, to effect changes to Association Property and/or to adjust the location and/or the configuration of any Association Property Improvements, including without limitation, the location of any Exclusive Use Common Area, provided that in no event shall Declarant redesign any portion of a Phase, or any Improvements thereon, in a manner that physically modifies, affects or changes any Separate Interests which, as of the date of such redesign, are the subject of a sale or are not owned by Declarant unless the purchaser or Owner of such Separate Interest consents to such redesign in writing. The easements reserved to Declarant, or granted and conveyed by Declarant pursuant to this Section shall not unreasonably interfere with the use and enjoyment by the Owners of the Covered Property and any damage, repair or restoration necessitated by any such installation, construction or maintenance shall be completed by the holder of the easement that has entered upon the Covered Property for any such purpose within a reasonable time after the occurrence of such damage or need for restoration. Section 9.04 - Easements for Owners. The easements described in this Section shall be granted to Owners and, when granted and conveyed, shall be appurtenant to the Separate Interests of such Owners. Such easements granted to Owners may include easements over each Phase of the Covered Property as indicated below. (a) Ingress. Egress and Recreational Rights. There is hereby reserved to Declarant, together with the right to grant and transfer same, an easement on and upon the Nonexclusive Use Common Area for ingress, egress, use and enjoyment (which includes, without limitation, the unrestricted right of ingress and egress to such Owner's Separate Interest). (b) Drainage. There is hereby reserved to Declarant, together with the right to grant and transfer same, an easement appurtenant to each Separate Interest receiving the benefit thereof over any contiguous portion of the Covered Property for surface drainage and for drainage from such Separate Interest through and across any drainage Improvements installed by Declarant upon any contiguous Separate Interest or Association Property for the purpose of accepting drainage from such Separate Interest. Such easements when granted and conveyed by Declarant pursuant to this Section shall be subject to all of the easements, covenants, conditions, restrictions and other provisions contained in the Association Management Documents, including any prior rights of the Association except that, notwithstanding the foregoing, the only limits and restrictions that can be placed on the easements acquired by an Owner involve the temporary suspension of the Owner's rights in and to the Common Facilities for failure to pay Assessments or to abide by the provisions of the Association Management Documents for the use of the Common Facilities. Section 9.05 - Sid_evard Easements. (a) Benefited Pro 31_ertv and Burdened Property. There is hereby reserved to Declarant, together with the right to grant and transfer the same to the Owner (hereinafter the "Benefited Property Owner") of the Separate Interest (hereinafter the "Benefited Property") depicted on the Sideyazd Exhibit attached hereto as receiving the benefit thereof or depicted as such on a Sideyard Exhibit attached to a OC DOCS1107065.4 41 08/15/9614:23 Supplementary Declaration, Sideyard Easements which, when granted and conveyed, shall be appurtenant to, and for the benefit of, such Benefited Property and shall be over the Sideyard Easement Area depicted on said Exhibit that is contiguous to such Benefited Property and is within the Separate Interest (the "Burdened Property") designated as such for such Benefited Property on said Exhibit. The Sideyard Easement Area that will be subject to each Sideyazd Easement shall extend over the portion of the Burdened Property lying between the boundary of the Benefited Property and any wall or fence constructed on the Burdened Property. (b) Boundaries of Sideyard Easement Area. For purposes of establishing the boundary line of the Sideyard Easement Area, any wall or fence on the Burdened Property shall be deemed to run from the rear boundary of such Separate Interest to the front property line thereof, whether or not such wall or fence actually runs the entire length of such Separate Interest. (c) Use by Benefited Property Owner. The Sideyard Easement that is reserved and will be granted pursuant to this Section shall be for the purposes of landscaping, drainage, the establishment of a general recreational or garden area and purposes related thereto, subject to the following terms and conditions: (i) Restrictions Upon Use bvBenefited Property Owner. The Benefited Property Owner shall not (A) attach any object to a wall or dwelling belonging to the -Owner of the Burdened Property (hereinafter the "Burdened Property Owner") or disturb the grading of the Sideyard Easement Area or otherwise act with respect to the Sideyard Easement Area in any manner which would damage the Burdened Property, or (B) use, or install any landscaping or other permitted Improvements within the Sideyard Easement Area that will unreasonably interfere with or affect the structural integrity of the dwelling located upon the Burdened Property or which would unreasonably prevent the Burdened Property Owner from entering upon such Sideyard Easement Area for authorized purposes. (ii) Right of Entry by Burdened Property Owner. The Owner of the Burdened Property shall have the right at all reasonable times to enter upon the Sideyard Easement Area, including the right to cross over the Benefited Property for such entry, only for the purpose of performing work related to the use and maintenance of the Burdened Property, such purpose to include the right to maintain the eaves and appurtenances thereto and the portions of any dwelling structure walls and fences on the Burdened Property that the Burdened Property Owner is required to maintain as originally constructed by Declarant or as reconstructed pursuant to the Article hereof entitled "Architectural Control" that are located on or in near proximity to such Sideyard Easement Area. In exercising the right of entry upon the Sideyard Easement Area, the Burdened Property Owner agrees to utilize reasonable care not to damage any landscaping or other items existing in the Sideyard Easement Area. However, the Burdened Property Owner shall not be responsible for damage to such landscaping or other items to the extent such damage could not be reasonably avoided in connection with such entry upon the Sideyard Easement Area for authorized purposes. In exercise the rights of entry upon the Sideyard Easement Area, the Burdened Property Owner agrees to prosecute to completion as soon as reasonably possible any of the activities authorized pursuant to this subsection. (iii) Drainage. The Burdened Property shall have the right of drainage over, across and upon the Sideyard Easement Area for water draining from any dwelling or structure upon the Burdened Property, Except for roof drainage as hereinabove provided, the Burdened Property Owner shall not have the right to concentrate drainage from the Burdened Property in, under, through or across the Sideyard Easement Area within his Separate Interest except through drainage devices installed by Declarant in the original construction of the structures or unless the prior written approval of the Benefited Property Owner is obtained in a written instrument recorded in the Official Records. The Burdened Property Owner shall have a right of entry upon OC DOCs\I07065.4 42 0811519614:23 the Sideyard Easement Area for the installation (if applicable), maintenance and repair of the drainage systems permitted by the foregoing, providing that any damage caused thereby to the . landscaping or other items existing in the Sideyard Easement Area be repaired at the sole expense of the Burdened Property Owner as soon as reasonably possible following the completion of such installation, maintenance or repair. (iv) Encroachment. Chimneys, eaves, overhangs, foundation footings, rain gutters or other drainage systems or other Improvements originally constructed by Declarant shall be permitted to encroach into the Sideyard Easement Area. (v) Cc Owner shall have to: The Burdened Property Rted Property Owner, (A) install within the Sideyard Easement Area underground drainage and utility systems provided that (1) such facilities and systems are limited to those which are necessary to service pools, whirlpools, fountains or similar Improvements constructed on the Burdened Property, (2) such facilities and systems do not unreasonably restrict the intended use and enjoyment of the Sideyard Easement Area, and (3) any damage to landscaping or other items existing in the Sideyard Easement Area caused thereby shall be repaired at the sole expense of the Burdened Property Owner and shall be accomplished as soon as reasonably possible following the completion of any such installation, repair or maintenance; and (B) enter upon the Burdened Property to maintain, repair, restore and reconstruct, such drainage and utility systems. (vi) Notice. In the event of an emergency, the Burdened Property Owner may enter upon the Sideyard Easement Area at any time and without prior notice. Notice for any other purpose requires prior written notice of at least twenty-four (24) hours. (vii) Disputes. In the event of any dispute arising concerning the rights and obligations created by this Section, the Burdened Property Owner and the Benefited Property Owner shall each choose one (1) arbitrator, and such arbitrators shall choose one (1) additional arbitrator, and the decision of a majority of all the arbitrators shall be binding upon such Owners. (d) Subject to Association Management Documents. Such easements when granted and conveyed by Declarant pursuant to this Section shall be subject to all of the easements, covenants, conditions, restrictions and other provisions contained in the Association Management Documents, including any prior rights of the Association except that, notwithstanding the foregoing, the only limits and restrictions that can be placed on the easements acquired by an Owner involve the temporary suspension of the Owner's rights in and to the Common Facilities for failure to pay Assessments or to abide by the provisions of the Association Management Documents for the use of the Common Facilities Section 9.06 - Rights Under Chevron Agreement. The Chevron Agreement provides in part that the obligations of Chevron also extend to successors in title to the Covered Property who take title within eight (8) years of the date of the execution of the Chevron Agreement. Declarant agrees that: (a) Declarant shall assign such rights to each Owner who acquires his Separate Interest from Declarant within eight (8) years of the date of the execution of the Chevron Agreement; (b) Declarant shall assign such rights to the Association in the Association Property; OC DOCS\107065.4 43 0911519614:23 (c) Such assignments shall be made concurrently with the conveyance of the fee title to such Separate Interest and Association Property; and (d) Such assignment shall include the right of any such owner to fiuther assign the rights under the Chevron Agreement acquired by such owner to a successor in title who acquires title within eight (8) years of the date of the execution of the Chevron Agreement. Section 9.07 - Easements for Association. The easements described in this Section shall be granted to the Association and, when granted and conveyed, shall be appurtenant to the Association Property that receives the benefit thereof as set forth below. (a) Repair and Maintenance. There is hereby reserved to Declarant, together with the right to grant and transfer same, easement over the Covered Property for the purpose of performing the repair and maintenance obligations described in the Article entitled "Repair and Maintenance" of this Declaration and emergency repairs or other work reasonably necessary for the proper maintenance of the Covered Property. (b) Discharge Obligations. There is hereby reserved to Declarant, together with the right to grant and transfer same, easements over the Association Maintenance Areas and other portions of the Covered Property for the purpose of permitting the Association to discharge any other obligations and powers as described in the Association Management Documents. (c) Drainage. There is hereby reserved to Declarant, together with the right to grant and transfer same, easement, which shall be for the benefit of and appurtenant to the Association Property receiving the benefit thereof, over any contiguous portion of the Covered Property for surface drainage and drainage from such Association Property over, under, through and across drainage Improvements installed by Declarant together with the right to maintain and repair any such drainage Improvements. (d) Easements over TIC Propertv. Declarant agrees that it shall grant and transfer to the Association any easement rights obtained over the TIC Property for the following purposes: (i) drainage through and across the Storm Drain Improvements within the Drainage Easement Areas therein; (iii) maintenance, repair, restoration and replacement of any Storm Drain Improvements therein that are for the benefit of, or appurtenant to, any Separate Interests or Association Property; (iii) maintenance, repair, restoration or replacement of any Perimeter Walls therein separating the Common Landscape Maintenance Areas thereon from the remaining portion of the TIC Property; and (iv) for ingress and egress to the extent reasonably necessary for the foregoing purposes. Any damage to Improvements upon the Covered Property resulting from the exercise of any of the easement rights granted pursuant to this Section shall be repaired by the entity exercising such rights within a reasonable time after the occurrence of such damage unless otherwise specified in the document by which such easement was conveyed. OC_DOCS1107065.4 t, Settlement and Encroachment. There is hereby reserved to Declarant, to grant and transfer the same, reciprocal easements as follows: m 08/15/96 14.23 (a) Easements which shall be appurtenant to: (i) each Separate Interest which is contiguous to another Separate Interest or Association Property which Separate Interest shall be the dominant tenement and the contiguous Separate Interest or Association Property shall be the servient tenement; and (ii) the Association Property contiguous to a Separate Interest, which Association Property shall be the dominant tenement and which contiguous Separate Interest shall be the servient tenement. (b) Easements which shall be for the purposes of (i) encroachments caused by engineering errors, errors in construction, reconstruction and repair; (ii) support and accommodation of the natural settlement or shifting of any portion of the Improvements; and (iii) minor encroachments by reason of a roof or eave overhang; (iv) encroachment of foundations, footings, utilities and other appurtenances or fixtures which, in the construction of the structures upon the dominant tenement or from any reconstruction or modifications of such structures, project beyond the external boundaries of a Separate Interest; (v) maintenance of all such Improvements by the Association or Owner who is required to perform such maintenance pursuant to the provisions of this Declaration or the grant of an easement for such purpose. (c) The easement shall extend (i) for as long as the physical boundaries of the Improvements, after such construction, reconstruction, repairs, shifting, settlement, or other movement, are in substantial conformance with the description of such physical boundaries contained in the Declaration for whatever period the encroachment exists. The rights and obligations of owners of the dominant tenements shall not be altered in any way by said encroachments, settlement or shifting provided, however, that in no event shall an easement for encroachment be created in favor of an owner of the dominant tenement if said encroachment occurred due to the willful misconduct of any such owner. In the event any portion of a structure on the Covered Property is partially or totally destroyed and then repaired or rebuilt, each such Owner agrees that minor encroachments over adjoining Separate Interests or Association Property shall be easements for the maintenance of said encroachments as long as they shall exist. Section 9.09 - Utilities and Cable Television. Wherever sanitary sewer house connections, water house connections, air conditioning connections or ducts, electricity, gas, telephone and cable television lines or drainage facilities are installed within the Covered Property, the Association or any Owner as the owner of any property served by said connections, lines or facilities shall have the right, and there is hereby reserved to Declarant, together with the right to grant and transfer the same to any such owner, an easement to the full extent necessary for the full use and enjoyment of such portion of such connections which service such owner's property, and to enter, or have utility or cable television companies enter upon any portion of the Covered Property including without limitation, upon the Separate Interest in or upon which said connections, lines or facilities or any portion thereof lie, to repair, replace and generally maintain said connections, lines and facilities as and when the same may be necessary, provided that any OC DOCS\l07065.4 45 08/15/9614:23 damage caused by such entry shall be repaired by such owner, utility or cable television company as promptly as possible after completion of work thereon. Section 9.10 - Additional Exclusive Use Common Areas. There is hereby reserved to Declarant, together with the right to grant and transfer same, easements over the Association Property, or any portion thereof that is not Exclusive Use Common Area or Exclusive Use Association Area, for the exclusive use by an Owner or Owners of contiguous property as a yard, recreational, gardening, and/or landscaping area, and for minor encroachment of any Improvements thereon and the repair and maintenance thereof. Any such easement when conveyed shall be deemed to be Exclusive Use Common Area to the same extent as if so described in this Declaration or on any Supplementary Declaration. Such easement shall not be effective unless approved by the Board. The Board shall approve any such easement if it has determined that it would be in the best interests of the Association and the remaining Owners to create such Exclusive Use Common Areas for the benefit of any particular Owner or Owners of any such contiguous property. For example and without limitation, it would be beneficial to the Association and the remaining Owners to transfer the burden of management and maintenance of any property which in the reasonable judgment of the Board is generally inaccessible to the remaining Owners or is not likely to be used by the remaining Owners. Upon conveyance, such Exclusive Use Common Area shall be appurtenant to the property of the Owner who has the exclusive use thereof. Such easement may contain modifications of the covenants, conditions and restrictions as they pertain to such easement area and shall also be subject to any additional terms, conditions and restrictions that may be imposed by the Board. Section 9.11- Clustered Mailboxes. There is hereby reserved to Declarant, together with the right to grant and transfer same, easements over the Covered Property to the extent necessary to comply with any requirements of the United States Postal Service and the appropriate Public Agency to cluster mailboxes for the delivery, deposit and pickup of United States mail, for maintenance, repair and replacement of such mailboxes and for ingress and egress to and across that portion of the Covered Property to the extent necessary for all such purposes. The easement rights and obligations of each Owner shall be limited to the mailbox that services such Owner and any appurtenances thereto and the portion of the Covered Property on which such mailbox and appurtenances are located and to the extent necessary to access said mailbox for all of the foregoing purposes. Section 9.12 - Subordination. Except as may be otherwise provided in the grant or dedication of an easement, any easement conveyed in favor of a Public Agency shall be prior and superior to all other easements described herein, and any easement conveyed pursuant to the provisions of this Article to a utility company shall be prior and superior to all other easements described herein except any easement in favor of a Public Agency. Grantor and any grantee by acceptance of a conveyance of any easement described in this Declaration, whether or not so stated in such conveyance document, agree that such easement shall be subordinate to any such prior and superior easements and further agree to execute any document acknowledging such subordination that may be required by the holder of any such prior easement. Section 9.13 - Deleaation of Use. Any Owner may delegate his right of enjoyment to the Nonexclusive Use Common Area to the members of his family or his tenants who reside on his Separate Interest or to a vendee under a land sales contract subject to the covenants, conditions and restrictions contained in the Association Management Documents and the rules and regulations adopted by the Board. However, in the event and for so long as an Owner delegates the right of enjoyment of Nonexclusive Use Common Area other than private streets to his tenants or a vendee, said Owner shall not be entitled to also have the use and enjoyment of such Nonexclusive Use Common Area. Section 9.14 - Waiver of Use. No Owner may exempt himself from personal liability for Assessments duly levied by the Association, or release the Separate Interest owned by him from the liens, charges and OC DOCS\107065.4 46 0811519614:23 other provisions of the Association Management Documents by waiver of the use and enjoyment of the Nonexclusive Use Common Area or the abandonment of his Separate Interest. ARTICLE X USE RESTRICTIONS Section 10.01- Commercial Use. Subject to the subsection entitled "Construction and Sales" of the Section entitled "Easements for Construction and Marketing" of the Article entitled "Easements and Rights" of this Declaration, no part of a Separate Interest shall be used or caused to be used or allowed or authorized in any way, directly or indirectly, for any nonresidential purposes except that a Separate Interest may be used for business, commercial, manufacturing, mercantile, storing, vending, or similar nonresidential purposes provided that the existence of such nonresidential activity is not apparent or detectable by sight, sound or smell from the exterior of a Separate Interest and such nonresidential activity does not generate an unreasonable amount of traffic or unreasonably limit parking for other Owners and their guests, employees, or agents. Section 10.02 - Signs. No sign or billboard of any kind shall be displayed to the public view on any portion of the Covered Property except (a) such signs as may be used by Declarant or its sales agents in connection with the development of the Covered Property and sale of the Separate Interests, and (b) signs that are installed or displayed by the Association; provided, however, that in accordance with Section 712 of the California Civil Code, an Owner, or his or her agent, may display, or have displayed, on his Separate Interest, and on real property owned by others with their consent, signs which are reasonably located, in plain view of the public, are of reasonable dimensions and design, do not adversely affect public safety, including traffic safety, as determined by the City or County advertising (a) that the property is for sale, lease, or exchange by the Owner or his or her agent, (b) directions to the property, (c) the Owner's or agent's name, and (d) the Owner's or agent's address and telephone number. Nothing in this Section limits any authority which a person or local Public Agency may have to limit or regulate the display or placement of a sign on a private or public right-of-way. Section 10.03 - Nuisance. No noxious or offensive trade or activity shall be permitted upon any part of the Covered Property, nor shall anything be done thereon which shall in any way interfere with the quiet enjoyment of each of the Owners of his respective Separate Interest, or which shall in any way increase the rate of insurance on any other Separate Interest or the Covered Property. Section 10.04 -Temporary Residences. No garage, trailer, camper, motor home or recreational vehicle shall be used as a dwelling structure although the Board may adopt rules that would permit the temporary use of such structure or vehicles for such purpose on a limited basis under prescribed conditions such as, but not limited to, the period of time that the residential dwelling structure may be under construction or renovation. Section 10.05 - Vehicles. (a) Definitions. The following terms used in this Section are defined to mean as follows: (i) "Commercial Vehicle" shall mean a truck of greater than one ton capacity; (ii) "Recreational Vehicle" shall mean any recreational vehicle or equipment designed to be used for recreational purposes, to include, without limitation, trailers, boats, campers, trailer coaches, buses, house cars, camp cars, motor homes (if the motor homes are a size larger than OC DOCS\107065.4 47 0911519614:23 seven (7) feet in height and/or greater than one hundred twenty-four (124) inches in wheel base length) or any other similar type of equipment or vehicle; and (iii) "Temporary Parking" shall mean temporary parking for washing and polishing of vehicles and activities related thereto, temporary parking for loading and unloading of vehicles, parking of vehicles belonging to guests of Owners and temporary parking of commercial vehicles being used in the furnishing of services to the Association or the Owners. (b) Restriction on Parking. Except for Temporary Parking, no Commercial Vehicle, Recreational Vehicle or any other similar type of equipment or vehicle shall hereafter be permitted to remain upon the Covered Property unless placed or maintained within an enclosed area, or unless obscured from view of adjoining streets, Association Property and Separate Interests by a solid wall or fence or appropriate screen; and (c) Restriction Upon Dismantling, Repairing and Servicing. No automobile, Commercial Vehicle, Recreational Vehicle or any other motorized vehicle may be dismantled, rebuilt, repaired, serviced or repainted on the Covered Property unless performed within a completely enclosed structure located on a Separate Interest which completely screens the sight and sound of such activity from streets, Association Property and neighboring Separate Interests. (d) Adoption of Rules. The Board may adopt rules for the regulation of the admission and parking of vehicles within the Covered Property, including the assessment of Penalty Assessments to Owners who violate, or whose family, guests, employees, tenants or agents violate, such rules. Section 10.06 - Use of Association Property, The Board may establish reasonable rules and regulations as it deems appropriate in its sole discretion with regard to the use and enjoyment of any portion of the Association Property that is not Exclusive Use Common Area, including, without limitation, designating portions thereof as Exclusive Use Association Area for "parking" and "guest parking" or granting the exclusive use of portions thereof for a limited period of time for parking purposes to Owners who are temporarily being denied vehicular access to their Separate Interests because of any construction reconstruction, repair or maintenance activity being conducted by the Board or conducted by others with the consent of the Board. Section 10.07 - Animals. No livestock, reptiles, poultry or other animals of any kind shall be raised, bred or kept upon the Covered Property, except that dogs, cats or other household pets may be kept on the Separate Interests, provided they are not kept, bred or maintained for any commercial purpose, or in numbers deemed unreasonable by the Board. Notwithstanding the foregoing, no animals may be kept on the Separate Interests which in the good faith judgment of the Board result in any annoyance or are obnoxious to residents in the vicinity. All animals permitted to be kept by this Section shall be kept on a leash when on any portion of the Covered Property except when confined within a Separate Interest. Section 10.08 -Restrictions on Drilling Operations. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in the Covered Property nor, subsequent to the recording of this Declaration, shall oil wells, tanks, tunnels, or mineral excavations or shafts be installed upon the surface of the Covered Property or within five hundred (500) feet below the surface of such properties. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted upon the Covered Property. Section 10.09 - Unsightly Items. All weeds, rubbish, debris, or unsightly material or objects of any kind shall be regularly removed from the Separate Interests and shall not be allowed to accumulate thereon. All clotheslines, refuse containers, trash cans, woodpiles, storage areas, machinery and equipment shall be OC DOCS1107065.4 48 0811519614:23 prohibited upon any Separate Interest unless obscured from view of adjoining streets or portions of the Covered Property from a height of six (6) feet or less. Section 10.10 - Antennae, Satellite Dish. (a) Prohibition Not Permitted. Until and unless Section 1376 of the CaliforniaCivil Code is amended to provide otherwise, covenants, conditions or restrictions that effectively prohibit or restrict the installation or use of a video or television antenna, including a satellite dish, or the attachment of that antenna to a structure within the development where the antenna is not visible from any street or Association Property, except as otherwise prohibited or restricted by law, are void and unenforceable as to the installation or use of a video or television antenna that has a diameter or diagonal measurement of thirty-six (36) inches or less. (b) Restrictions. Notwithstanding the foregoing, reasonable restrictions may be imposed on the installation or use of a video or television antenna, including a satellite dish, that has a diameter or diagonal measurement of thirty-six (36) inches or less. For purposes of this Section "reasonable restrictions" means those restrictions that do not significantly increase the cost of the video or television antenna system, including all related equipment, or significantly decrease its efficiency or performance and include all of the following: (i) requirements for application and notice to the Association prior to installation; (ii) requirement of the Owner to obtain the approval of the Architectural Committee for the installation of a video or television antenna that has a diameter or diagonal measurement of thirty-six (36) inches or less on a Separate Interest owned by another. (iii) provision for the maintenance, repair, or replacement of roofs or other building components; (iv) requirements for installers of a video or television antenna to indemnify or reimburse the Association or its Members for loss or damage caused by the installation, maintenance, or use of a video or television antenna that has a diameter or diagonal' measurement of thirty-six (36) inches or less. (c) Application for Approval. Whenever approval is required for the installation or use of a video or television antenna, including a satellite dish, the application for approval shall be processed by the Architectural Committee in the same manner as an application for approval of an architectural modification to the property and the issuance of a decision on the application shall not be willfully delayed. (d) Attorneys Fees. In any action to enforce compliance with Section 1376 of the California Civil Code, the prevailing party shall be awarded reasonable attorney's fees. Notwithstanding the foregoing, no video or television antennae, including a satellite dish with a diameter or diagonal measurement in excess of thirty-six (36) inches, shall hereafter be erected, constructed, placed or permitted to remain on the Covered Property unless they are (i) contained within a building or underground conduits, (ii) completely obscured from view from any streets or any other portion of the Covered Property, or (iii) screened from view by an appropriate screen that has been approved in writing by the Architectural Committee. Section 10.11- Solar Enerev Systems. As provided in Section 714 of the California Civil Code, reasonable restrictions on the installation of solar energy systems that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or which allow for an OC DOCS\107065.4 49 08115196 14:23 alternative system of comparable cost, efficiency, and energy conservation benefits may be imposed by the Architectural Committee as set forth in this Section. (a) Right to Install. Solar collectors shall meet applicable standards and requirements imposed by state and local permitting authorities. Specifically, solar energy systems shall be certified by the Solar Rating Certification Corporation ("SRCC") or other nationally recognized certification agencies. SRCC is a nonprofit third -parry supported by the United States Department of Energy. The certification shall be for the entire solar energy system and installation. For the purposes of this section: (i) "significantly" shall mean an amount exceeding twenty percent (20%) of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding twenty percent (20%) as originally specified and proposed. (ii) "solar energy system" shall mean, as defined in Section 801.5 of the California Civil Code, either of the following: (A) any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, or for water heating; or (B) any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, or for water heating. Whenever approval is required for the installation or use of a solar energy system, the application for approval shall be processed and approved by the Architectural Committee 1n the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. Until and unless said Section 714 is amended to provide otherwise, any entity that willfully violates said Section 714 of the California Civil Code shall be liable to the applicant or other party for actual damages occasioned thereby, and shall pay a civil penalty to the applicant or other party in an amount not to exceed One Thousand Dollars ($1,000). In any action to enforce compliance with said Section 714 of the California Civil Code, the prevailing party shall be awarded reasonable attorney's fees. (b) Approval Conditions. Notwithstanding said Section 714 of the California Civil Code, the Association may impose reasonable provisions pursuant to Section 714.1 of the California Civil Code which: (i) restrict the installation of solar energy systems installed in Association Property to those systems approved by the Association; (ii) require the Owner to obtain the approval of the Association for the installation of a solar energy system in a Separate Interest owned by another; (iii) provide for the maintenance, repair, or replacement of roofs or other building components; and (iv)require installers of solar energy systems to indemnify or reimburse the Association or its Members for loss or damage caused by the installation, maintenance, or use of the solar energy system. Section 10.12 - Other Roof Structures. Except as set forth above, no other appliances or installations on exterior roofs of structures including, without limitation, roof -top turbine ventilators, shall be OC DOCS%107065.4 50 0911519614:23 permitted unless they are installed in such a manner that they are not visible from streets or any other portion of the Covered Property. Section 10.13 - Drainage. All drainage of water from any Separate Interest shall drain or flow into adjacent streets or alleys and shall not be allowed to drain or flow upon, across, or under any other portion of the Covered Property unless an easement for such purpose is granted. An Owner shall not alter the drainage of water which exists pursuant to the drainage plan originally created at the time of the initial sale of his Separate Interest by Declarant except through the use of a positive drainage device which does not materially affect the concentration or flow direction of drainage water under said drainage plan. If an easement has been granted for such purpose over any Separate Interest, the Storm Drain Improvements therein shall not be used by the Owner of the underlying Separate Interest or by any Owner or the Association that has the right of use and enjoyment, thereof in a manner that will impede or hinder the use thereof for drainage purposes by the Owner thereof or by the easement holder. There shall be no drainage over or through any Drainage Easement Area except through Storm Drain Improvements that were installed and constructed by the Declarant or the reconstruction or replacement thereof without the prior written approval of the Owner of the real property burdened with such Drainage Easement Area. Section 10.14 - Garages. No garage doors shall be permitted to remain open except for a temporary purpose, and the Board may adopt rules for the regulation of the opening of garage doors, including the assessment of Penalty Assessments to Owners whose garage doors have remained open in violation of such rules. Section 10.15 - Window Covers. Curtains, drapes, shutters or blinds may be installed as window covers. No window shall be covered with aluminum foil, newspapers or other material not designed for use as a window cover. Section 10.16 - California Vehicle Code. The applicable Public Agency shall be allowed to impose and enforce all provisions of the applicable California Vehicle Code sections or local ordinances on any Private Streets contained within the Covered Property. Section 10.17 -Leases. Any agreement for the leasing or rental of a Separate Interest (hereinafter in this Section referred to as a "lease") shall be in writing and shall provide that the terms of such lease shall be subject in all respects to the provisions of the Association Management Documents and any applicable agreements between the Association and any of the Federal Agencies. Any Owner who shall lease his Separate Interest shall be responsible for assuring compliance by such Owner's lessee with the Association Management Documents. The Development and the Separate Interests shall be operated to the extent reasonably possible in a manner that will satisfy guidelines or regulations that permit the Federal Agencies to purchase, insure, or guarantee First Mortgages encumbering Separate Interests. Section 10.18 - View. Each Owner by acceptance of a deed or other conveyance of a Separate Interest acknowledges that any construction or Improvement by Declarant, the Association or any other Owner, or any owner of any other property may change, impair, obstruct or otherwise affect any view that such Owner may have enjoyed at the time of the purchase of his Separate Interest. The Association Management Documents do not contain any provisions intended to protect any view or to guarantee that any views that an Owner may have enjoyed will not be impaired or obstructed in the future by changes to other property. Each Owner further acknowledges that any rights acquired do not include the preservation of any view and further consents to such obstruction and/or impairment. No representations or warranties of any kind, express or implied, have been given by Declarant, or its officers, employees, partners, subsidiaries, affiliated companies, or directors and agents of any of them in connection with the preservation of views and each Owner and/or the Association agree to hold Declarant, and all of such officers, employees, partners, subsidiaries, affiliated companies, and directors and agents of any of them free of liability from such damages, costs, expenses or charges incurred in connection therewith, such as, OC DOCS\107065.4 51 0811519614:23 but not limited to, attorneys' fees and court costs and costs arising from any changes, obstruction or impairment of the view from such Owner's Separate Interest. Section 10.19 - Post Tension Slabs. Building structures within the Covered Property may have been constructed using post tension concrete slabs (defined to mean concrete slabs that contain a grid of steel cables under high tension). Each Owner, by acceptance of a deed to his Separate Interest, acknowledges that modification or alteration of concrete slab floors contained within his Separate Interest could damage the integrity of such post tension slabs and could cause serious personal injury or property damage. Each Owner and/or the Association agree to hold Declarant and all partners, subsidiaries and affiliated companies of Declarant, and all of the officers, employees, directors and agents of any of them, free of liability from such damages, costs, expenses or charges incurred in connection therewith, such as, but not limited to, attorneys' fees and court costs and costs incurred by reason of injury to property or injury to persons caused by any modification or alteration of such post tension slabs. Section 10.20 - Environmental Site Assessment and Investigation. The Covered Property was inspected and analyzed as reported in the Report of Limited Phase 1 Environmental Site Assessment and Limited Subsurface Investigation dated August 7, 1996, conducted by Meinfelder, Inc., ("Kleinfelder") 1370 Valley Vista Drive, Suite 150, Diamond Bar, California 91765-3910 (the "Kleinfelder Report") which provides in part that Kleinfelder reviewed available agency records, aerial photographs and the chain -of -title for the property to assess the historical uses of the property with regard to hazardous materials and in addition a total of six (6) soil borings, and six (6) separate temporary monitoring wells were installed at the site, and soil and groundwater samples were collected for chemical analysis. The following is also based on the information contained in the report entitled "Quarterly Monitoring Report January through March 1996" dated March 31, 1996 and prepared for Chevron by Alton Geosciences. The results, which are more particularly described in the Kleinfelder Report, include the following: (a) Based on the review of the aerial photographs, the site has remained undeveloped and vacant since 1952 and has never been used for residential, commercial or industrial purposes. (b) The property was not identified on any of the federal and state government databases as having been used for the use, storage or disposal of hazardous wastes. (c) Based on the review of the 40-year Chain -of -Title Report and City Directories and telephone conversations with personnel of the City of Newport Beach Planning and Building Departments, the site has remained undeveloped and vacant and has never had a mailing address. (d) Based on conversations with personnel of the Newport Beach Police and Fire Departments, there are no records of storing and/or illegal dumping of hazardous materials on the property. (e) Based on the review of the Munger Oil Maps, there are no past, or present, oil and gas wells on the property. (f) Based on borings excavated at the site, soils underlying the property are mainly composed of claystone and silty claystone overlain at some locations by terrace deposits. Where fractured and/or weathered these soil formations contain perched groundwater. Groundwater was encountered in the temporary monitoring wells installed at the northeastern portion of the site at elevations ranging between 10 1.3 1 feet (MSL) and 103.91 feet (MSL) [approximately 22 feet below ground surface] in May, 1996. General ground water gradient direction beneath the eastern portion of the site was to the north- northwest. OC DOCSU07065.4 52 0811519614:23 (g) Based on analytical results, soil samples collected at approximately eight to ten foot intervals in soil borings B-1 through B-6 did not contain any chemical constituents of concern at concentrations exceeding the detection limits of analyses. (h) Based on analytical results, soil samples collected from approximately eighteen feet below ground surface ("bgs') in MW 1, nineteen feet bgs in MW-2, twenty-four feet bgs in MW-3 and MW-4, twenty feet bgs in MW-5, and twenty feet bgs in MW-6 did not contain gasoline constituents of concern at concentrations exceeding the detection limits of analyses. (i) Based on analytical results, with the exception of the groundwater samples collected from former MW 21 (Lot 12 of Tract No. 15222) in November 1995 which contained ethylbenzene concentrations of 1.6 micrograms per liter (ug/L), or parts per billion, and temporary well MW-1 (Lot 13 ! of Tract No. 15222) which contained TVPH concentrations of 140 micrograms per liter (ug/L), the samples collected from the remaining wells did not contain toluene benzene, ethylbenzene, xylene (BTEX) or TVPH compounds at concentrations exceeding the detection limit of analysis. 0) Based on analytical results, the groundwater samples collected from the temporary wells MW-1 through MW-6 did not contain benzene, toluene, ethylbenzene, zylenes, or MTBE at concentrations exceeding the detection limits of analyses. (k) Based on the results of the study, the site has remained undeveloped and vacant since 1952 and there is no record that the site has ever been used for the use, storage and disposal or hazardous wastes including petroleum hydrocarbon products. Therefore, very low concentration of exhylbenzene and TVPH compounds detected in groundwater under Lots 12 and 13 respectively of Tract No. 15222, and the portion of Lots B and D of Tract No. 15222 that is between these lots and Jamboree Road appears to be related to the Chevron service station. ARTICLE XI DESTRUCTION OF IMPROVEMENTS Section 11.01- Definitions. The following terms used in this Article are defined to mean as follows: (a) "Acceptable Range of Reconstruction Cost" shall mean that the amount of the insurance proceeds paid for partially or totally destroyed Insured Improvements together with the amount of any deductible amount designated in the fire and casualty insurance policy maintained by the Association totals at least ninety percent (90%) of the estimated cost to repair, replace or reconstruct such partially or totally destroyed Insured Improvements. "Affected Common Facilities" shall mean Common Facilities that are partially or totally destroyed) Insured Improvements. (c) "Affected Exclusive Use Association Area Improvements" shall mean Exclusive Use Association Area Improvements that are partially or totally destroyed Insured Improvements. (d) "Affected Owner" shall mean (i) as to a partial or total destruction of Special Benefits Common Facilities that are Insured Improvements, the Owner of a Separate Interest on which Assessments have commenced that is within the Special Benefits Area that contains such Affected Special Benefits Common Facilities, and (ii) as to a partial or total destruction of Affected Common Facilities and/or Affected Exclusive Use Association Area Improvements, an Owner of a Separate Interest on which Assessments have commenced. OC DOCS1107065.4 53 0811519614:23 (e) "Affected Special Benefits Common Facilities" shall mean Special Benefits Common Facilities that are partially or totally destroyed Insured Improvements. (f) "Substantial Destruction" shall mean a destruction of Insured Improvements representing at least seventy-five percent (75%) of the current replacement cost value of all Insured Improvements upon the Covered Property. Section 11.02 - Board Action. The Board is hereby designated to represent all Affected Owners in any proceedings, negotiations, settlements or agreements that pertain to the allocation of any losses, awards, or proceeds from the destruction of all or a part of any Insured Improvements as hereinafter provided in this Article. (a) Acceptable Ranee of Reconstruction Cost. The Board shall ascertain the cost of repair, replacement or reconstruction of any partially or totally destroyed Insured Improvements by obtaining fixed price bids from at least two (2) reputable contractors, which bids shall include the obligation of the contractor to obtain a performance bond, if the Board deems that such bids are necessary or appropriate. The Board shall further have full authority to negotiate with representatives of the insurer and to make settlement with the insurer for less than full insurance coverage on the damage. Any settlement made by the Board in good faith shall be binding upon all Affected Owners. After the settlement has been approved by the Board, any two (2) directors of the Association may sign a loss claim form and release form in connection with the settlement of a loss claim. (b) Notice of Reconstruction Assessments. The Board shall promptly cause notice to be delivered to all Affected Owners if, during the process of determining the Acceptable Range of Reconstruction Cost, it appears likely that the repair, replacement or reconstruction of a partially or totally destroyed Insured Improvement will result in the levying of Reconstruction Assessments to such Affected Owners. Such notice shall specify the estimated amount of any such Reconstruction Assessment. (c) Vote of Affected Owners. The Board shall call a special meeting or shall distribute written ballots to the Affected Owners for action to be taken without a meeting to determine whether not to proceed with the repair, replacement or reconstruction of partially or totally destroyed Insured Improvements upon the happening of any one of the following events: (i) a Substantial Destruction; (if) a determination that the requirements of the Acceptable Range of Reconstruction Cost have not been met; (iii) receipt of a written request of Affected Owners representing at least five percent (5%) of the total voting power of the Affected Owners requesting such action; or (iv) failure or inability to make a determination as to the Acceptable Range of Reconstruction Cost within sixty (60) days of the date of the destruction. Section 11.03 - Reconstruction. The repair, replacement or reconstruction of any partially or totally destroyed Insured Improvements shall commence as soon as practicable following either of the following events: (a) a determination that the requirements of the Acceptable Range of Reconstruction Cost have been met, except that if Reconstruction Assessments must be levied, such work shall not commence until ten (10) days have elapsed following the delivery of the notice of the Reconstruction Assessment to all Affected Owners required to pay Reconstruction Assessments. The notice of estimated OC DOCS\107065.4 54 0811519614.23 Reconstruction Assessment required to be delivered to each such Affected Owner as hereinabove provided in this Article shall satisfy this condition if the actual amount of the Reconstruction Assessment does not exceed the estimated amount set forth in the said notice; or (b) approval of such action by not less than thirty-four percent (34%) of the voting power of the Affected Owners other than Declarant. Section 11.04 - Proceeds of Insurance. All insurance proceeds covering any partially or totally destroyed Insured Improvements shall be paid to the Association subject to the prior rights of any Mortgagee that holds a Mortgage encumbering any such Insured Improvements. In the event any portion of the insurance proceeds were paid to a Mortgagee, an amount equal to the amount paid to such Mortgagee shall be paid to the Board (a) in equal installments by the Affected Owners within a Special Benefits Area as to the payment of any such proceeds paid for any Affected Special Benefits Common Facilities of such Special Benefits Area, and (b) in equal installments by all Affected Owners within the Covered Property as to the payment of any such proceeds for Affected Common Facilities and/or Affected Exclusive Use Association Area Improvements. In the event any such Affected Owner fails to pay such amount within thirty (30) days of a written demand therefor by the Association, the Board may levy a Special Assessment against such Owner and his Separate Interest for such amount. Section 11.05 - Reconstruction Assessments- If necessary, the Board shall levy a Reconstruction Assessment (a) against all Affected Owners in a Special Benefits Area at such time and in such amount determined necessary to cover the costs of repair, replacement or reconstruction in excess of insurance proceeds of all Affected Special Benefits Common Facilities within such Special Benefits Area, and (b) against all Affected Owners within the Covered Property at such time and in such amount determined necessary to cover the costs of repair, replacement or reconstruction in excess of insurance proceeds of Affected Common Facilities and Affected Exclusive Use Association Area Improvements. The Reconstruction Assessments shall be allocated to the Affected Owners as set forth in the Section entitled "Assessment Allocation" of the Article entitled "Assessments" of this Declaration. Section 11.06 - Compliance with Plans. Any reconstruction undertaken pursuant to this Article shall substantially conform to the original plans and specifications unless other action is approved by a majority of the voting power of the Affected Owners. Section 11.07 - Determination of Allocable Proceeds. The amount of insurance proceeds "allocated" or "allocable" to a partially or totally destroyed Insured Improvement shall be determined pursuant to this Section as follows: (a) In the event the insurance carrier allocates insurance proceeds between the Affected Common Facilities, Affected Exclusive Use Association Area Improvements and Special Benefits Common Facilities, such allocation is approved by the Board, such allocation shall be final and binding upon the Affected Owners and Mortgagees. (b) In the event the insurance carrier fails to allocate the insurance proceeds, such allocation shall be determined by multiplying the amount of insurance proceeds available for distribution by a fraction, the denominator of which is the total decrease of M.A.I. appraised fair market value of all of the partially or totally destroyed Insured Improvements and the numerator of which is the decrease of M.A.I. appraised fair market value of each such Affected Common Facility, Affected Exclusive Use Association Area Improvement, and/or Special Benefits Common Facility. The appraised values shall be determined by an M.A.I. appraiser selected by the Board. Such allocation shall be final and binding on the Affected Owners, Mortgagees and the Association. -Distribution of Insurance Proceeds. In the event there has been a decision not to or reconstruct any partially or totally destroyed Insured Improvements, the Board shall OC DOCS\107065.4 55 0811519614:23 distribute the insurance proceeds allocated to the Affected Common Facilities, Affected Special Benefits Common Facilities and Affected Exclusive Use Association Area Improvements as follows: (a) in the case of Affected Common Facilities and Affected Exclusive Use Association Area Improvements, to the Board for retention in the general funds of the Association and use for purposes that benefit all Owners subject to the prior rights of all Mortgagees holding Mortgages encumbering the particular Affected Common Facilities or Affected Exclusive Use Association Area Improvements for which such insurance proceeds have been allocated; and (b) in the case of Affected Special Benefits Common Facilities to the Board for retention in the general funds of the Association and use for purposes that benefit all Owners within the Special Benefits Area in which such Special Benefits Common Facilities are located subject to the prior rights of all Mortgagees holding Mortgages encumbering the particular Special Benefits Affected Common Facilities for which such insurance proceeds have been allocated. Allocable proceeds paid to Mortgagees shall be paid in the order of their recorded priority on the Affected Common Facilities, Special Benefits Common Facilities or Affected Exclusive Use Common Area Improvements, as the case may be. Section 11.09 - Payment of Mortgagees. Any insurance proceeds paid to a Mortgagee pursuant to this Article shall be paid in the amount required by such Mortgagee, but not to exceed (a) the outstanding indebtedness secured by said Mortgage, or (b) the insurance proceeds allocated to such Affected Common Facilities, Affected Exclusive Use Association Area Improvements, or Special Benefits Common Facilities encumbered by the Mortgage of such Mortgagee as hereinabove provided in this Article, whichever of (a) or (b) is the lesser. ARTICLE XII EMINENT DOMAIN Section 12.01 - Definitions. The following terms used in this Article are defined to mean as follows: (a) "Affected Common Facilities" shall mean Common Facilities that are the subject of a Taking. (b) "Affected Exclusive Use Association Area Improvements" shall mean Exclusive Use Association Area Improvements that are the subject of a Taking. (c) "Affected Owners" as used in this Article shall mean (i) as to a Taking of Special Benefits Common Facilities, the Owners other than Declarant of Separate Interests on which Assessments have commenced that is within the Special Benefits Area that contains such Affected Special Benefits Common Facilities, and (il) as to a Taking of Affected Common Facilities and/or Affected Exclusive Use Association Area Improvements, the Owners other than Declarant of Separate Interest on which Assessments have commenced. (d) "Affected Special Benefits Common Facilities" shall mean the Special Benefits Common Facilities that are the subject of a Taking. (e) "Taking" shall mean condemnation by eminent domain, or by sale under threat thereof, of all or part of any Phase within the Covered Property in which a Close of Escrow has occurred. OC DOCS\107065.4 56 0811519614:23 Section 12.02 - Representation of Declarant. Declarant shall represent itself in all proceedings, negotiations, settlements or agreements for the Taking of any portion of the Covered Property owned by Declarant except the condemnation by eminent domain, or by sale under threat thereof, of any such portions of the Covered Property that are within a Phase in which Regular Assessments have commenced. Any proceeds for such condemnation shall be paid to Declarant. Section 12.03 - Representation by Board. The Board shall represent the Affected Owners in all proceedings, negotiations, settlements or agreements in connection with a Taking of any Association Property and the Affected Owners hereby appoint the Board and such persons as the Board may delegate to represent all of the Affected Owners in all of such proceedings, negotiations, settlements or agreements. No Affected Owner shall challenge the good faith exercise or the discretion of the Board in fulfilling its duties under this Article. The Board shall act in its sole discretion with respect to any awards being made in connection with the Taking and shall be entitled to make a voluntary sale to the condemnor in lieu of engaging in a condemnation action. Section 12.04 - Award. Any awards received on account of the taking of Association Property other than Exclusive Use Common Area shall be paid to the Association and shall be retained in the general funds of the Association subject to the prior rights of any Mortgagee holding a Mortgage encumbering any such Association Property. In the case of Affected Common Facilities and Affected Exclusive Use Association Area Improvements, to the Board for retention in the general funds of the Association for purposes that benefit all Owners subject to the prior rights of all Mortgagees holding Mortgages encumbering the particular Affected Common Facilities or Affected Exclusive Use Association Area Improvements for which such award has been paid, and, in the case of Affected Special Benefits Common Facilities to the Board for retention in the general funds of the Association for purposes that benefit all Owners within the Special Benefits Area in which such Special Benefits Common Facilities are located subject to the prior rights of all Mortgagees holding Mortgages encumbering the particular Special Benefits Affected Common Facilities for which such award has been paid. Awards paid to Mortgagees shall be paid in the order of their recorded priority on the Affected Common Facilities, Affected Special Benefits Common Facilities and/or Affected Exclusive Use Common Area Improvements, as the case may be. Section 12.05 - Inverse Condemnation. The Board is authorized to bring an action in inverse condemnation. In such event, the provisions of this Article shall apply with equal force. ARTICLE XIII PARTY WALLS Section 13.01 - Definition. Each fence or wall, other than the wall of a building, which is placed on the dividing line between two Exclusive Use Separate Interest Areas shall be deemed to be a party wall notwithstanding that one such wall or fence will be totally within the Separate Interest of the Owner whose Separate Interest is burdened with the Sideyard Easement over the Sideyard Easement Area that comprises a portion of such Exclusive Use Separate Interest Area. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. A parry wall shall be considered to adjoin and abut against the property line dividing the Separate Interests from the bottom of the foundation over the full length and height of any wall or fence. Section 13.02 - Use. Owners whose Exclusive Use Separate Interest Areas are separated by a party wall shall equally have the right to use such party wall, except that each shall have the right to the exclusive OC DOCS\107065.4 57 0811519614:23 use of the surface of the party wall on his side. Neither such Owner shall use any portion of such party wall so as to interfere with the use and enjoyment of the other Owner. Section 13.03 - Sharine of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Section 13.04 - Destruction. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has the use thereof may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Section 13.05 - Rieht to Contribution Runs With Land. The right of an Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. Section 13.06 - Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, said dispute shall be submitted to the Board for a resolution thereof. In the event the Board cannot or will not resolve such dispute, it shall employ an arbitrator for said purpose. Said arbitrator shall be selected at the discretion of the Board but shall be a member of the American Arbitration Association. The arbitrator who is chosen by the Board shall resolve said dispute pursuant to the prevailing rules of the American Arbitration Association and the requirements of the law of the State of California. ARTICLE XIV ANNEXATIONS Real property may be annexed to and become subject to this Declaration by any of the methods set forth hereinafter in this Article, as follows: Section 14.01- Plan of Development. Declarant intends to sequentially develop the Annexation Property on a phased basis; however, Declarant may elect not to develop all or any part of such real property, to annex such real property to this Declaration in increments of any size whatsoever, or to develop more than one such increment at any given time and in any given order. Moreover, Declarant reserves the right to subject all or any portion of the Annexation Property to the plan of this Declaration or one or more separate declarations of covenants, conditions and restrictions which subjects said property to the jurisdiction and powers of a homeowner association or other entity with powers and obligations similar to the Association and which is not subject to the provisions of this Declaration. Although Declarant shall have the ability to annex the Annexation Property as provided in this Article, Declarant shall not be obligated to annex all or any portion of such property, and such property shall not become subject to this Declaration unless and until a Supplementary Declaration shall have been so executed and recorded. Section 14.02 - Annexation Without Approval. All or any part of the Annexation Property may be annexed to and become subject to this Declaration and subject to the jurisdiction of the Association without the approval, assent or vote of the Association or its Members, provided that the annexation is in substantial conformance with a detailed plan of phased development submitted to the DRE with the application for a Final Subdivision Public Report for the First Phase of the Development. The plan for phased development through annexation referred to herein must include, but need not be limited to, the following: OC DOCM107065.4 58 08/15/9614:23 (a) the recordation of the Supplementary Declaration annexing a new Phase is effected prior to the third (3rd) anniversary of the original issuance of the Final Subdivision Public Report for the most recent Phase of the Covered Property; and (b) the DRE has agreed to issue a Final Subdivision Public Report which shall be deemed to be evidence that Declarant has furnished proof satisfactory to the DRE that (i) no proposed annexation will result in overburdening of the common interests of the then existing Owners, and (ii) no proposed annexation will cause a substantial increase in Assessments against existing Owners which was not disclosed in Final Subdivision Public Reports under which pre-existing Owners purchased their interests, and (iii) subdivider has delivered a written commitment to pay to the Association, concurrently with the closing of an escrow for the first sale of a Separate Interest in an annexed Phase, appropriate amounts for reserves for replacement or deferred maintenance of Improvements within the Association Property in the annexed Phase necessitated by or arising out of the use and occupancy of Separate Interests under a rental program conducted by the subdivider which has been in effect for a period of at least one year as of the date of closing of the escrow for the first sale of a Separate Interest in the annexed Phase. Section 14.03 - Annexation Pursuant to Approval. Any person who desires to add real property to the plan of this Declaration other than the Annexation Property and to subject such property to the jurisdiction of the Association, may file or record a Supplementary Declaration upon the approval in writing of the Association pursuant to the vote or written assent of sixty-seven percent (67%) of the voting power of the Association, determined as follows: (a) for as long as the Class B membership continues to exist, the prescribed percentage of the Class B voting power as well as the vote or written assent of the prescribed majority of the Class A voting power; or (b) after the Class B membership has been converted to Class A membership, the vote or written assent of the prescribed percentage of the total voting power of the Association as well as the vote or written assent of a prescribed majority of the total voting power of Members other than Declarant. The provisions of this Section shall also apply to the Annexation Property subsequent to the expiration of the power of Declarant to annex such property without the approval of the Members as provided in this Article. Section 14.04 - Effectuation of Annexation. Upon the satisfaction of all of the conditions contained in this Article, the recordation of a Supplementary Declaration in the Official Records shall constitute and effectuate the annexation of the Annexed Property described therein, making said Annexed Property subject to this Declaration and subject to the functions, powers and jurisdiction of the Association, and thereafter said Annexed Property shall be part of the Covered Property and all of the Owners of Separate Interests in said Annexed Property shall automatically be Members. The Supplementary Declaration shall incorporate by reference all of the covenants, conditions, restrictions, easements and other provisions of this Declaration, and may contain such complementary additions or modifications of the covenants, conditions and restrictions in this Declaration as may be necessary to reflect the different character, if any, of the Annexed Property as are not inconsistent with the plan of this -Declaration. Except as otherwise permitted by this Declaration, in no event, however, shall any such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration or by any prior Supplementary Declaration with respect to property covered by this Declaration at the time of the recording of the said Supplementary Declaration. Section 14.05 - Mergers or Consolidations. Upon a merger or consolidation of the Association with another association which merger or consolidation must be approved by the vote or written assent of sixty-seven percent (67%) of the total voting power of Members other than Declarant, the Association's OC DOCS\107065.4 59 0811519614:23 properties, rights and obligations may, by operation of law, be transferred to the surviving or consolidated association, or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants, conditions and restrictions established by this Declaration within the Covered Property, together with the covenants, conditions and restrictions established upon any other property as one plan. Section 14.06 - Deannexation. (a) Deannexation by Declarant. Any portion of the real property that is encumbered by this Declaration may be deleted or deannexed from coverage of this Declaration provided that: (i) A document is recorded in the Official Records of the County deleting or deannexing such real property from the coverage of the Declaration. Any instrument deleting or deannexing any portion of the Covered Property from the coverage of this Declaration must be executed by Declarant, and, if any portion of such Covered Property is owned by any subdivider other than Declarant, also by such other Owner and must be recorded in the Official Records. (ii) Regular Assessments have not commenced against the Separate Interests that are being deleted or deannexed from the coverage of this Declaration. (iii) Voting rights have not commenced for the Separate Interests that are being deleted or deannexed. (iv) No Close of Escrow has occurred in the Phase in which the Separate Interests that are being deleted or deannexed are located. Declarant shall not have the right to unilaterally deannex any Association Property in a Phase in which a Close of Escrow has occurred. As stated in the Section entitled "Transfer of Association Property," the Association Property shall be conveyed to the Association prior to or concurrently with the first Close of Escrow to occur within such Phase. (b) Deannexation To Accomplish Intent of Lot Line Adjustment. Notwithstanding the foregoing, in the event that a lot line adjustment is recorded in the Official Records that adjusts a common boundary line between a Separate Interest within the Covered Property and a contiguous lot or parcel that is not within the Covered Property, the portion of the Separate Interest within the Covered Property that is being quitclaimed or conveyed to the owner of such contiguous lot may be deleted or deannexed from the plan of this Declaration by the recordation of a document in the Official Records executed by the owner of such contiguous lot, the Owner of Separate Interest within the Covered Property that is being so adjusted, and by the Association to evidence its consent. ARTICLE XV MORTGAGEE PROTECTION Section H." - Prioritv of Mode-, ge Lien. No breach of the covenants, conditions or restrictions, nor the enforcement of any lien provisions contained in this Declaration, shall affect, impair, defeat or render invalid the lien or charge of any Mortgage made in good faith and for value encumbering any portion of the Covered Property, but all of said covenants, conditions and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale, or otherwise, with respect to such portion of the Covered Property. OC DOCS\107065.4 60 0811519614:23 Section 15.02 - Curing Defaults. A Mortgagee that holds a Mortgage encumbering a Separate Interest, or the immediate transferee of such Mortgagee, who acquires title by judicial foreclosure, deed in lieu of foreclosure or trustee's sale shall not be obligated to cure any breach of the provisions of this Declaration which is noncurable or of a type which is not practical or feasible to cure. The determination of the Board made in good faith as to whether a breach is noncurable or not feasible to cure shall be final and binding on all such Mortgagees. Section 15.03 - Resale. It is intended that any Mortgage to facilitate the resale of any Separate Interest after judicial foreclosure, deed in lieu of foreclosure or trustee's sale is a loan made in good faith and for value and the Mortgagee of such Mortgage shall be entitled to all of the rights and protections afforded to other Mortgagees. Section 15.04 - Mortgagees Furnishing Information. Mortgagees are hereby authorized to furnish information to the Board concerning the status of any Mortgage. Section 15.05 - Conflicts. In the event of any conflict between any of the provisions of this Article and any of the other provisions of the Association Management Documents, the provisions of this Article shall control. Section 15.06 - Federal Agency Agreement. The Board may enter into agreements with any of the Federal Agencies as necessary to satisfy guidelines and regulations of any such Federal Agency which would permit such Federal Agency to purchase, insure or guarantee, as applicable, First Mortgages encumbering Separate Interests. ARTICLE XVI GENERAL PROVISIONS Section 16.01- Enforcement. (a) Against Covered Prooertv. The covenants, conditions and restrictions contained in this Declaration shall be enforceable equitable servitudes and shall inure to the benefit of and bind all Owners. These servitudes shall be enforced by any Owner or by the Association, or by both as hereinafter provided in this Section. Declarant, the Association or any Owner shall have the right of action against any Owner, and any Owner shall have a right of action against the Association to enforce by proceedings at law or in equity, all restrictions, conditions, covenants and reservations, now or hereafter, imposed by the provisions of the Association Management Documents or any amendment thereto, including the right to prevent the violation of such restrictions, conditions, covenants, or reservations and the right to recover damages or other dues for such violation except that with respect to the enforcement of Assessments liens, architectural control and Association Rules, the Association shall have the exclusive right to the enforcement thereof unless the Association refuses or is unable to effectuate such enforcement, in which case any Owner shall have the right to undertake such enforcement. Notwithstanding the foregoing or any other provision of the Association Management Documents, judicial proceedings must be instituted before any items of construction can be altered or demolished in connection with any summary abatement or similar means of enforcing restrictions against any Separate Interest Improvement or its use. (b) Alternative Dispute Resolution. The Board shall have the right, but not the obligation, to resolve any civil claim or action through alternative dispute resolution proceedings such as mediation, binding arbitration, or non -binding arbitration proceedings in compliance with the requirements of OC DOCS1107065.4 61 0811519614:23 Section 1354 of the California Civil Code, or any successor statute thereof, which as of the date of this Declaration provides as set forth below. (i) Request for Resolution. Until Section 1354 of the California Civil Code is amended to provide otherwise, unless the applicable time limitation for commencing the action would run within one hundred twenty (120) days prior to the filing of a civil action by either the Association or an Owner solely for declaratory relief or injunctive relief, or for declaratory relief or injunctive relief in conjunction with a claim for monetary damages, other than Association Assessments, not in excess of Five Thousand Dollars ($5,000), related to the enforcement of the Association Management Documents, the parties shall endeavor, as provided in said Section 1354, to submit their dispute to a form of alternative dispute resolution such as mediation or arbitration. The form of alternative dispute resolution chosen may be binding or nonbinding at the option of the parties. Any party to such a dispute may initiate the process by serving on another party to the dispute a Request for Resolution which must include the information set forth under said Section 1354. Parties receiving the Request for Resolution shall have thirty (30) days following service of the Request for Resolution to accept or reject alternative dispute resolution and, if not accepted within the thirty -day period by a parry, shall be deemed rejected by that party. If alternative dispute resolution is accepted by the party upon whom the Request for Resolution is served, the alternative dispute resolution shall be completed within ninety (90) days of receipt to file acceptance by the party initiating the Request for Resolution unless extended by written stipulation signed by both parties. The costs of the alternative dispute resolution shall be borne by the parties. (ii) Filing of Certificate for Alternative Dispute Resolution. At the time of filing a civil action by either the Association or an Owner solely for declaratory relief or injunctive relief, or for declaratory relief or injunctive relief in conjunction with a claim for monetary damages, other than Assessment, not in excess of Five Thousand Dollars ($5,000) related to the enforcement of the Association Management Documents, the party filing the action shall file with the complaint a certificate stating that alternative dispute resolution has been completed in compliance with the foregoing paragraph. The failure to file a certificate as required by the foregoing paragraph shall be grounds for a demurrer pursuant to Section 430.10 of the California Code of Civil Procedure or a motion to strike pursuant to Section 435 of the California Code of Civil Procedure unless the filing party certifies in writing that one of the other parties to the dispute refused alternative dispute resolution prior to the filing of the complaint, that preliminary or temporary injunctive relief is necessary or that alternative dispute resolution is not required by the foregoing paragraph because the limitation period for bringing the action would have run within the 120-day period next following the filing of the action, or the court finds that dismissal of the action for failure to comply with the foregoing paragraph would result in substantial prejudice to one of the parties. (iii) Referral to Alternative Dispute Resolution. Once a civil action to enforce the Association Management Documents has been filed by either the Association or an Owner, upon written stipulation of the parties, the matter may be referred to alternative dispute resolution and stayed. The costs of the alternative dispute resolution shall be borne by the parties. During this referral, the action shall not be subject to the rules implementing Section 68603(c) of the California Government Code. (iv) Cross -Complaint. The requirements of subsections (b) and (c) above shall not apply to the filing of a cross -complaint. (v) Attorneys' Fees. In any action specified in subsection (a) to enforce the Association Management Documents, the prevailing party shall be awarded reasonable attorney's fees and costs. Upon motion by any party for attorney's fees and costs to be awarded to the OC DOCS\107065.4 62 0811519614:23 prevailing party in these actions, the court, in determining the amount of the award, may consider a parry's refusal to participate in alternative dispute resolution prior to the filing of the action. (vi) Admissions as Evidence. Unless consented to by both parties to alternative dispute resolution that is initiated by a Request for Resolution under subsection (b) above, evidence of anything said or of admissions made in the course of the alternative dispute resolution process shall not be admissible in evidence, and testimony or disclosure of such a statement or admission may not be compelled, in any civil action in which, pursuant to law, testimony can be compelled to be given. (vii) Documents as Evidence. Unless consent to by both parties to alternative dispute resolution that is initiated by a Request for Resolution under subsection (b) above, documents prepared for the purpose or in the course of, or pursuant to, the alternative dispute resolution shall not be admissible in evidence, and disclosure of these documents may not be compelled, in any civil action in which, pursuant to law, testimony can be compelled to be given. (viii) Summary to Owners Annually. Members of the Association shall annually be provided a summary of the provisions of Section 1354 of the California Civil Code which specifically references said Section. The summary shall include the following language: "Failure by any Member to comply with the prefiling requirements of Section 1354 of the Civil Code may result in the loss of your rights to sue the Association or another Member regarding enforcement of the Association Management Documents." The summary shall be provided either at the time the Pro Forma Operating Budget required by Section 1365 of the California Civil Code is distributed or in the manner specified in Section 5016 of the California Corporations Code as set forth in the Section entitled "Notices" of the Article entitled "General Provisions" of this Declaration. (ix) Summary to Owners with Request for Resolution. Any Request for Resolution sent to the Owner pursuant to subsection (b) above shall include a copy of Section 1354 of the California Civil Code. (c) Effect of Lot Line Adjustment. Notwithstanding the foregoing, the Association or any Owner shall also have the right of action against any Owner, and any Owner shall also have a right of action against the Association to enforce by proceedings at law or in equity as aforesaid, all restrictions, conditions, covenants and reservations, now or hereafter imposed by the provisions of the Association Management Documents or any amendment thereto, against any portion of a Separate Interest that may have been acquired by an Owner to adjust the boundaries of his Separate Interest to be as shown on any lot line adjustment recorded in the Official Records rather than as initially acquired by such Owner notwithstanding that a portion of such Separate Interest may be located outside of the boundaries of the Initial Covered Property and Annexed Property described in the Declaration or any Supplementary Declaration. (d) Notice of Violation of Restrictions. The Association shall be permitted to record a Notice of Violation of Restrictions in the Official Records against the Separate Interest of any Owner without an accompanying lawsuit to provide notice of any noncompliance with, or violation of, any of the covenants, conditions and restrictions contained in this Declaration and any other Association Management Documents by such Owner. A document canceling such Notice of Violation of Restrictions shall be executed and recorded by the Association within a reasonable time following receipt of satisfactory evidence that the violation or noncompliance of such Owner with any such covenants, conditions and restrictions has been corrected. OC DOCS\107065.4 63 08/15/96 14:23 Section 16.02 - No Waiver. Failure by the Association or by any Owner to enforce any covenant, condition, restriction or reservation contained in any of the Association Management Documents in any certain instance or on any particular occasion shall not be deemed a waiver of such right on any such future breach of the same or any other covenant, condition, restriction and reservation. Section 16.03 - Cumulative Remedies. All rights, options and remedies of Declarant, the Association, the Owners or Mortgagees under the Association Management Documents are cumulative, and no one of them shall be exclusive of any other, and Declarant, the Association, the Owners and the Mortgagees shall have the right to pursue any one or all of such rights, options and remedies or any other remedy or relief which may be provided by law, whether or not stated in the Association Management Documents. Section 16.04 - Severability. Invalidation of any one or a portion of these covenants, conditions, restrictions or reservations by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 16.05 - Term. The covenants, conditions and restrictions of this Declaration shall run with and bind the Covered Property and shall inure to the benefit of and be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors and assigns, for a term of sixty (60) years from the date this Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by not less than sixty-seven percent (67%) of the then Owners has been recorded agreeing to terminate said covenants, conditions and restrictions. Section 16.06 - Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a plan, for the development of a residential community or tract and for the maintenance of the Covered Property. The Article and Section headings have been inserted for convenience only, and shall not be considered or referred, to in resolving questions of interpretation or construction. Section 16.07 - Sineular Includes Plural. Whenever the context of this Declaration requires the same, the singular shall include the plural and the masculine shall include the feminine and the neuter. Section 16.08 - Nuisance. The result of every act or omission where any provision, condition, restriction, covenant, easement, or reservation contained in this Declaration is violated in whole or in part, is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a private nuisance, shall be applicable against every such result, and may be exercised by the Association or any Owner. Such remedy shall be deemed cumulative and not exclusive. Section 16.09 -Attorneys' Fees. In the event action is instituted to enforce any of the provisions contained in this Declaration, the party prevailing in such action shall be entitled to recover from the other party thereto reasonable attorneys' fees and costs of such suit as determined by the court or by arbitration as part of the judgment. Section 16.10 - Notices. Any notice to be given to an Owner, the Association, or a First Mortgagee, Insurer or Guarantor under the provisions of this Declaration shall be in writing and shall be deemed to have been properly delivered when directed to such addressee at the address furnished by such addressee for the purpose of notice and: (a) at the time a written notice by mail is deposited in the United States mails, postage prepaid; or OC D005\107065.4 64 08/15/9644:23 (b) the time any other written notice, including facsimile, telegram, or other electronic mail message, is personally delivered to the recipient or is delivered to a common carrier for transmission, or actually transmitted by the person giving the notice by electronic means, to the recipient; or (c) the time any oral notice is communicated, in person or by telephone, including a voice messaging system or other system or technology designed to record and communicate messages, or wireless, to the recipient, including the recipient's designated voice mailbox or address on such a system, or to a person at the office of the recipient who the person giving the notice has reason to believe will promptly communicate it to the recipient. The affidavit of an officer or authorized agent of the Association declaring under penalty of perjury that a notice has been mailed to any Owner or Owners, to any Mortgagee or Mortgagees, to any insurer or guarantor or to all Owners or all Mortgagees, or all insurers or all guarantors to the address or addresses shown on the records of the Association, shall be deemed conclusive proof of such mailing, whether or not such notices are actually received. Section 16.11- Conflicts Between Documents. The terms and provisions set forth in this Declaration are not exclusive as Owners shall also be subject to the terms and provisions of the other Association Management Documents. In the event of a conflict between any provisions of any of the Association Management Documents with the provisions of another Association Management Document, the order of superiority of such documents shall be (i) Articles, (ii) Declaration, (iii) Supplementary Declaration, (iv) Bylaws, (v) Architectural Guidelines, and (vi) Association Rules and the provisions of any such document shall be superseded by the provisions of the document shown above to be superior to such document to the extent of such conflict. Section 16.12 - Effect of Declaration. This Declaration is made for the purposes set forth in the Recitals to this Declaration and Declarant makes no warranties or representations, express or implied as to the binding effect or enforceability of all or any portion of this Declaration, or as to the compliance of any of these provisions with public laws, ordinances and regulations applicable thereto. Section 16.13 - Personal Covenant. To the extent the acceptance or conveyance of a Separate Interest creates a personal covenant between the Owner of such Separate Interest and Declarant, or other Owners, such personal covenant shall terminate and be of no further force or effect from or after the date when a person or entity ceases to be an Owner except to the extent this Declaration may provide otherwise with respect to the payment of money to the Association. Section 16.14 - Nonliability of Officials. To the fullest extent permitted by law, neither the Board, the Architectural Committee, and other committees of the Association or any member of such Board or committee shall be liable to any Owner or the Association for any damage, loss or prejudice suffered or claimed on account of any decision, approval or disapproval of plans or specifications (whether or not defective), course of action, act, omission, error, negligence or the like made in good faith within which such Board, committees or persons reasonably believed to be the scope of their duties. Section 16.15 - Construction By Declarant. Nothing in this Declaration shall limit the right of Declarant to alter any Separate Interests still owned by Declarant or the Nonexclusive Use Common Area, or to construct such additional Improvements as Declarant deems advisable prior to completion of Improvements upon and sale of the entire Development. Such right shall include but shall not be limited to erecting, constructing and maintaining on the Covered Property such structures and displays as may be reasonably necessary for the conduct of the business of completing the work and disposing of the same by sale, lease or otherwise. Declarant shall repair any damage to and complete any restoration of the Covered Property caused or necessitated by such activities of Declarant within a reasonable time after the occurrence of such damage or need for restoration. This Declaration shall not limit the right of Declarant at any time prior to acquisition of title by a purchase from Declarant to establish on the Covered Property OC DOCS\107065.4 65 0811519614:23 additional licenses, reservations and rights -of -way to itself, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Development. Declarant reserves the right to alter its construction plans and designs as it deems appropriate. Declarant shall exercise its rights contained in this provision in such a way as not to unreasonably interfere with the Owners' rights to use and enjoy the Covered Property. Section 16.16 - Special Riehts. Declarant shall not be subject to any provisions of the Association Management Documents pertaining to architectural control and use restrictions. In addition, as long as Declarant continues to own Separate Interests within the Covered Property and/or continues to have the right to annex the Annexation Property, or any portion thereof, without the approval of the Owners, the written approval of Declarant shall be required to (a) annex property other than the Annexation Property to the plan of this Declaration, (b) amend any provision of the Association Management Documents, (c) levy a Capital Improvement Assessment for the construction of additional Common Facilities, Special Benefits Common Facilities or Exclusive Use Association Area Improvements not contemplated for the Covered Property by Declarant or a Special Assessment for any other act or undertaking of the Association, and (d) decrease the standard of maintenance or services beingprov1dedforthAssociatlon Property. Section 16.17 - Inanolicability to Government Property. The provisions of this Declaration shall not be applicable to any portion of the Covered Property owned by a Public Agency and held for a nonresidential public purpose, but shall apply to any Separate Interest owned by a Public Agency. ARTICLE XVII AMENDMENT PROVISIONS Section 17.01- Vote of Association. Subject to the other provisions of this Declaration, including, without limitation, the rights of Mortgagees, this Declaration may be canceled, amended or modified as follows: (a) Without Approval. Until there has been a Close of Escrow, cancellations, amendments or modifications of this Declaration shall be effective when executed by Declarant, and, if any portion of the Covered Property is owned by a subdivider other than Declarant, by such Owner. Until there has been a Close of Escrow within any Annexed Property described in a Supplementary Declaration, cancellations, amendments or modifications of such Supplementary Declaration shall be effective when executed by Declarant, and, if any portion of the Annexed Property described in such Supplementary Declaration is owned by a subdivider other than Declarant, by such other Owner of such Annexed Property. (b) With Approval. After a Close of Escrow has occurred as to any Separate Interest within the Initial Covered Property or the Annexed Property described in a Supplementary Declaration, any cancellations, amendments, or modifications of the Declaration or such Supplementary Declaration shall require the vote or written assent of a majority of the voting power of the membership as follows: (i) for as long as the Class B membership continues to exist, the prescribed percentage of the Class B voting power as well as the vote or written assent of the prescribed majority of the Class A voting power; or (ii) after the Class B membership has been converted to Class A membership, the vote or written assent of the prescribed percentage of the total voting power of the Association as well as the vote or written assent of a prescribed majority of the total voting power of Members other than Declarant. OC DOCS1107065.4 66 0811519614:23 (c) Special Protection. Any cancellation, amendment or modification shall also require compliance with the provisions of this Declaration contained in the Section entitled "Special Rights" of the Article entitled "General Provisions." In addition, any amendment to any of the provisions of the Association Management Documents which by their terms are for the express benefit of Mortgagees, insurers or guarantors of Mortgages must also have the prior written approval of sixty-seven percent (67.0%) of the First Mortgagees (based on one vote for each First Mortgage owned) who have delivered a written notification to the Board stating the name and address or other identification of the Separate Interest encumbered by the First Mortgage of such First Mortgagee. (d) Approval of Specified Percentage. Notwithstanding the foregoing, any provision of the Association Management Documents which expressly requires the approval of a specified percentage of the voting power of the Association for action to be taken under said provision can be amended only with the affirmative vote or written assent of not less than the same percentage of the voting power of the Association. (e) Recordation. Such cancellations, amendments or modifications shall not be effective until they are recorded in the Official Records. Section 17.02 - Petition to Amend. The Association or any Owner may petition the superior court of the County for an order reducing the percentage of affirmative votes necessary to amend this Declaration pursuant to Section 1356 of the California Civil Code. Section 17.03 - Amendments by Declarant. Notwithstanding any other provisions of this Article, for so long as Declarant owns any portion of the Covered Property or the Annexation Property, Declarant shall have the right to unilaterally amend this Declaration without the approval of the Members or any Mortgagees in order to make any modifications or additions that are required by any of the Public Agencies or the Federal Agencies as a condition to approving the documents or the Development, or any construction thereon. ARTICLE XVIII CALIFORNIA COASTAL COMMISSION REQUIREMENTS Section 18.01- Coastal Development Permit Conditions. The Development is located within the coastal zone as defined in Section 30103 of Division 20 of the California Public Resources Code (the "California Coastal Act of 1976" (the "Act")). Pursuant to the Act, TIC, as the owner of the Development, applied to the California Coastal Commission (the "Commission") for a coastal development permit on the Development. Coastal Development Permit No. 5-95-048 (hereinafter the "Permit") was approved on June 16, 1995 subject to certain conditions which are more particularly set forth in the Deed Restrictions and Section 18.02 below. Section 18.02 -Deed Restrictions. The Deed Restrictions limit development of Lot V shown on Tentative Tract No. 15011 (which has been subdivided to be Lot B on Final Tract Map 15011 and Lot X shown on Tentative Tract No. 15011 (which has been subdivided as Lot D on Final Tract Map 15222) to the uses more particularly set forth in the Deed Restrictions which are summarized as follows: (a) Lot B. Tract 15011 (Lot V of Tentative Tract No. 15011). (i) Wetland mitigation as described in the Habitat Mitigation and Monitoring Plan for Newporter North Development prepared by John M. Tettemer & Associates, Ltd., dated May, 1995; OC DOCS\107065.4 67 08/15/9614:23 (ii) Habitat restoration, habitat maintenance, open space and habitat protection, (iii) Non-invasive landscaping and contour grading for buffer berm on those areas of said Lot B that are not a part of the wetland mitigation described above. (iv) Sound attenuation walls, entry walls, and a temporary project sign on those areas that are not a part of the wetland mitigation described above. (v) Pedestrian access walkway to serve the recreational facility in the location shown on the amendment plans and is not located within the wetland mitigation area described above. (b) Lot D. Tract 15222 (Lot X of Tentative Tract No. 1501 �. (i) Non-invasive landscaping and contour grading for buffer berm as depicted on Tract Map 15222. (ii) Sound attenuation walls, entry walls, and a temporary project sign as depicted on Tract Map No. 15222. For as long as the Deed Restrictions remain effective, the California Coastal Commission or its agent may enter upon the protected land at times reasonably acceptable to the owner to ascertain whether the use restrictions set forth in the Deed Restrictions are being observed, all as more particularly set forth in the Deed Restrictions.. Section 18.03 - Coastal Safe Scrub Restoration and Revegetation Plan. The Deed Restrictions also provide for the revegetation and restoration of coastal sage scrub and for monitoring such program. The coastal sage scrub restoration and revegetation shall occur consistent with the plan approved by the California Department of Fish and Game. Section 18.04 - Geoloeic Recommendations. The issuance of the Permit was conditioned upon the review and approval of grading plans and foundation plans that have been approved by a geologic consultant indicating that certain geologic recommendations have been incorporated into the grading and design of the proposed project. A Native American monitor and an 3s to monitor the work as required by the Deed Deed Restrictions require ?4) hours of any discovery of human remains. Section 18.07 - Conflict. In the event of any conflict between the provisions of this Article and any provision of the Association Management Documents with the Deed Restrictions, the Deed Restrictions shall control to the extent of the conflict. OC DOCS\107065.4 68 0811519614.23 ARTICLE XIX REQUIREMENTS OF OTHER PUBLIC AGENCIES Section 19.01- Conditions of Approval. In addition to the requirements of the Deed Restrictions as set forth in Article —Conditions above, the City has imposed certain conditions upon the approval of Tentative Tract No. 15011 and the recordation of the Subdivision Maps which include those set forth in this Article. Section 19.02 - Detention Basin. The cells within the Detention Basin shall be maintained and cleaned periodically pursuant to the provisions of the manual that was prepared for such purpose and approved by the City in consultation with the California Department of Fish and Game and U. S. Department of Fish and Wildlife. Periodic cleaning of the cells will be necessary to keep them functioning as designed. Section 19.03 - Best Management Practices. Declarant has been required to incorporate structural and non-structural Best Management Practices as prescribed by the City in a manner meeting the approval of the City all as more particularly described in the conditions of approval the post -construction maintenance of which must be assumed by the Association and the Owners. As provided in the Sections entitled 'By Association" and 'By Owner" of this Declaration, the Association and the Owners have an obligation to maintain, repair, restore, replace and make necessary Improvements and in accordance with the Section entitled "Noncompliance by Owner" of this Declaration, and the Section entitled "Enforcement" of the Bylaws, the Association further has the right to accomplish any maintenance, repair, restoration or replacement of any Improvements that are to be individually maintained by the Owners if such owners fail to adequately perform such maintenance. The maintenance obligations of the Association and Owners are to be performed in accordance with the following Best Management Practices: (a) Litter control shall include Association and individual trash collection, proper trash storage and collection procedures, emptying of trash receptacles and cleaning of trash storage areas; (b) Inspection of catch basins, cleanouts and inlets and annual cleaning of catch basins must occur prior to October 15th of each year; (c) Vacuum truck sweeping of Private Streets should occur at least once annually in the fall, prior to the October 15th start of the rainy season; (d) Washing of driveways onto streets should be avoided; (e) Water conservation practices and fertilizer, pesticide and herbicide restrictions shall include the following: (i) All plant materials in a group should have the same watering requirements so that the irrigation controllers can be set to deliver the appropriate minimum amounts of water; (ii) Plant materials should be selected that minimize the need for fertilizer and pesticides; (iii) Native and drought -resistant plants should be used that adapt to local soil conditions and are resistant to pests and adequate soil drainage techniques should be used that will minimize the need for fertilizer and pesticides; (iv) potential; Watering practices should be established that minimize fungus and mildew OC DOCS\107065.4 69 0811519614:23 (v) Special controllers and heads that allow several start times for watering should be utilized in order to limit the amount of water surface runoff and upper and lower slopes should have different irrigation times; (vi) Excessive use of water is not permitted; and (vii) Bio-degradable cleaning products are to be used for the washing of vehicles. (f) The letters and/or symbols on the catch basins being maintained by the Association shall be inspected for legibility during the annual cleaning operation and the letters and/or symbols shall be re - stenciled if they are not legible; and (g) Reminders should be included in newsletters distributed to Owners that the individually maintained areas are to be kept clean from debris and waste materials and that dumping debris or waste materials into the storm drain system is prohibited. Section 19.04 - Modification of Emergency Access Easement Area. Modifications to the Emergency Access Easement Area such as and without limitation, controlled access or changes in parking plans, will require the approval of the City. Obstructions in the Emergency Access Easement Area are prohibited. Section 19.05 - Subordination of Easements. Any easements that lie within or cross rights -of -way or other easements dedicated to the City shall be subordinate to any easement rights conveyed to the City as more particularly provided in the Section entitled "Subordination" of the Article entitled "Easements and Rights" of this Declaration. Section 19.06 - Conflict. In the event of any conflict between the provisions of this Article and any provision of the Association Management Documents with the Deed Restrictions, the Deed Restrictions shall control to the extent of the conflict and this Article shall control to the extent of any conflict between this Article and any other provisions of the Association Management Documents. Section 19.07 - Amendment, Approval by City. Any amendment to any provision of this Article or to Article VII of this Declaration, pertaining to, without limitation the maintenance of Improvements by the Association and the Owners shall require the prior written consent of the City. ARTICLE XX COMMUNITY INFORMATION Section 20.01- Acceptance and Agreement. The information being provided by the Declarant in this Article is intended to provide information about the site and the improvements that will be of interest to the Owners and the Association and should be considered by the Owners and the Association in the course of the maintenance and construction of additional Improvements. Section 20.02 - Contiguous Area Map, The Contiguous Area Map Exhibit attached hereto contains information pertaining to public and private improvements in close proximity to the Covered Property which is in existence or is contemplated as of the recordation of this Declaration. Although the Declarant believes this information to be factual as of the date of the recordation of this Declaration, Declarant assumes no responsibility for the accuracy of the information contained therein. The Contiguous Area Map is being provided for informational purposes only and is subject to change without notice. Owners are advised to contact the -appropriate Public Agency for current and more precise information. OC DOCS\107065.4 70 0811519614:23 Section 20.03 - Declarant's Improvements. (a) Fences. Fences constructed by the Declarant may not have been constructed on the boundary line of an Exclusive Use Separate Interest Area depicted on an Exhibit or on the boundary line of Association Property in order to maintain the structural integrity of the fence and/or slope, or to restrict access to a slope area being maintained by the Association. Any fence or gate return not installed by Declarant that forms the closure from the side yard fences to the dwelling structure must be installed by the Owner within the time set forth in this Declaration or as may be required by the Architectural Standards or Architectural Committee. Any side and rear year fencing that consists all, or in part of wrought iron and/or tempered glass is intended to provide a sense of openness for the lot. Any proposed additions or modifications to any of the fences and walls must be submitted to the Architectural Committee. Changes to party walls (walls that are constructed to separate two Separate Interests and are shared by the Owners who have the use thereof) require approval by the other Owner who shares the use thereof. Changes or modifications to some of the walls in the project may not be permitted either by the Architectural Committee or by the Public Agency that has jurisdiction over the project. (b) Maintenance of Wrought Iron Fences. Any wrought iron fences installed by Declarant have been fabricated and installed to high industry standards for production housing. For example, vertical joints have been shopwelded rather than "spot welded" and the fence is shop -primed and "electrostatically" painted in the field with high -quality paint so that the paint "bonds" to the fence. In spite of this fabrication and painting technique, particularly in the presence of moisture either from the coastal environment or irrigation water overspray, rust will form on the surface of the paint and shall slowly penetrate to the metal and will detract from the appearance of the wrought iron fence. Wrought iron prune and paint processes typically used in residential developments begin to rust from the inside -out almost immediately and may cause premature damage to the fence and early replacement costs. Even with the technique utilized by the Declarant which results in better protection, a wrought iron fence will show signs of surface rust within a year and should be routinely maintained either by the Association or the Owner as provided in this Declaration to retard the rusting process. (c) Slopes. Slopes that have been planted by the Declarant and are irrigated by an irrigation system that is metered and billed to the Association are maintained by the Association. Owners shall not install or construct any Improvements within any such slope area, or modify any Improvements or landscaping upon any slope areas being maintained by the Association even if such slope areas are located within their Lots. (d) Drainage. Lots are typically graded in accordance with codes of the local Public Agency and sound engineering practices to accomplish certain objectives such as to (a) direct surface water from the rear to the front of the Separate Interest or toward drainage inlets that exit onto the driveway, sidewalk, or street; (b) prevent surface water from ponding on the Separate Interest or against structures; (c) prevent surface water from draining to an adjacent Separate Interest unless an easement for drainage purposes has been granted; and (d) permanently accept existing or intended surface and subsurface drainage from adjacent property if so designed and approved by the appropriate Public Agency. Easements for drainage are described in Article VIR of the Declaration. An Owner of a Separate Interest that is contiguous to Association Property should install drainage devices as part of his landscape plans to accept such drainage from any such adjoining property owned by the Association. Some erosion caused by drainage to an adjacent Separate Interest will typically occur. (e) Hillside Im movements. The grading and development of the Lots meet applicable grading and building code standards that require both gross (structural) and surficial (minor sliding) stability of pads, slopes and streets. Even after compliance with the applicable building codes and special recommendations by qualified soils engineers, graded and natural slopes are still subject to minor horizontal and vertical movement ("creep") that does not affect the gross stability of the Separate Interest OC DOCS\107065.4 71 08/15/9614:23 but may result in sufficient movement to cause damage to Improvements such as walls, planters, decking, slabs, pools and spas such as and without limitation, displacement and cracking. Section 20.04 - Owner Improvements. (a) Indemnity. Each Owner, by the acceptance of a deed or other conveyance of a Separate Interest, acknowledges and agrees that the Declarant shall not be liable or responsible for any damage to Improvements that have been constructed or modified by an Owner or that is the result of Improvements that have been constructed or modified by an Owner. Improvements should not be installed, constructed or modified without the assistance of qualified consultants. For example, professional soils and structural engineers should be consulted to determine the existing soil conditions and such Improvements or modifications should be designed to compensate for any expansive soil within the Lot. (b) Code Requirements, All Improvements upon the Covered Property must be completed in conformance with the Uniform Building Code and other applicable regulations of any of the Public Agencies. Improvements constructed or installed upon a slope area, at the top or toe of a slope, or upon expansive soil may require additional design techniques to mitigate the affect of such expansive soil condition or upon such slope. (c) Public Right-of-way. Making Improvements such as planters, walls and curb cores within a public right-of-way may require permission from the utility companies and the responsible Public Agency in addition to the Architectural Committee. Construction of any such Improvements should not be commenced until all required approvals and permits have been obtained. (d) Slope Improvements. Improvements such as pools, spas, concrete slabs, decks, planters and walls that have not been designed by qualified soils and structural engineers to compensate for expansive soil conditions and slope creep should not be located adjacent to the top or toe of slopes. Minor lifting and cracking of Improvements constructed at the top or toe or slopes may occur even when such Improvements are constructed with qualified professional assistance. (e) Slone Maintenance. Owners who are required to maintain slope areas within their Lots must maintain the landscaping upon such slope areas in a condition that will prevent slope erosion in conformance with any requirements of the Association and the responsible Public Agency. (i) Effect of Expansive Soil. The soil within this Development may be composed of formations that have "highly expansive" characteristics. Soils testing should be performed, special construction techniques should be used and precautions must be taken when constructing new Improvements or modifying existing Improvements as the soil expands when it is wet thus causing Improvements to lift and crack. Soils and structural engineers were consulted by the Declarant, all Lots were graded to drain independently and away from the structural Improvements, and Improvements such as foundations, driveways, walls, sidewalks and streets were designed to compensate for any expansive soil conditions. The following information and/or recommendations should be considered by each Owner and his consultants prior to -making or modifying any Improvements: Special consideration and attention is required in designing concrete and masonry Improvements such as masonry walls and planters, concrete slabs, pools, spas and decking. For example, steel reinforcing bars may be required in lieu of steel mesh in concrete patio slabs. Block walls may require extra horizontal and vertical steel reinforcing bars. Pools and spas located at the top or bottom of a slope or on expansive soils require special design techniques. Adequate drainage and irrigation control should be utilized. The construction or modification of Improvements should not result in ponding of surface drainage water. The landscape irrigation system should be designed to prevent excessive saturation of expansive soils. OC DOCS1107065.4 72 0811519614:23 water must drain away from the house footings and other Improvements constructed upon the Separate Interest and obstructions such as walls should not be constructed across swales unless adequate replacement drainage Improvements have been installed or created. Planters created by walkways next to a dwelling structure should be lined with an impervious surface and should contain drain inlets to drain excess water. Drainage onto adjacent Lots is not permitted unless an easement has been granted over such adjacent Separate Interest for such purpose. (g) Grading. The grading and drainage design of a Separate Interest should not be altered by any Owner or by any contractors or agents of an Owner in the course of installing Improvements such as patios, planters, walls, swimming pools and/or spas in a manner that will redirect surface water flow toward the dwelling or onto adjacent property or that will trap water so that it ponds and floods. Drainage devices such as concrete ditches, area drain lines and gutters should be carefully designed and installed with professional assistance. Drainage devices installed by the Declarant that are designed to serve more than one Separate Interest should not be altered or modified in a manner that will redirect or obstruct the drainage through these drainage devices. Any grading and drainage modifications are subject to applicable codes of the applicable Public Agency, subject to approval by the Architectural Committee and subject to the terms of any other drainage easements that may be of record. Section 20.05 - Matters of Record. (a) Property Lines. The boundaries of each Separate Interest within the Covered Property are delineated on tract maps, lot line adjustments or parcel maps that are public records and are available at the office of the County Recorder. (b) Preliminary Title Report. The preliminary title report issued by the title company that insures the title to a Separate Interest which is available for review, inspection and approval by any prospective purchaser as a condition to the close of escrow will reveal matters of record that, unless removed as a condition to the close of the escrow, will continue to be effective against the Separate Interest after the close of escrow. The preliminary title report describes easements and rights of record which include, without limitation, the following: (i) Utility Easements. The Separate Interests are subject to easements in favor of utility companies for the installation and maintenance of utility lines and facilities that provide service to the Covered Property. The location of the various lines and facilities are totally within the control of the respective utility companies although facilities such as electrical vaults, telephone, street lights and cable television boxes are generally located in the area behind the sidewalk. (ii) Mailboxes. An easement has been reserved for the installation, maintenance, repair and replacement of mailboxes. Mailboxes are usually located within the utility easement area adjacent to the street but the locations and configurations are controlled by the United States Postal Service and subject to change. (iii) �ecial Assessment or Mello -Roos Community Facilities Districts. The Covered Property may lie within the boundaries of Special Assessment Districts and Mello -Roos Community Facilities Districts which may require the levy of a special tax for the repayment of bonds issued for the purpose of paying the cost of the services or the capital improvements that have been or are being provided. The amount of the special tax and any other information pertaining to any such district can be obtained from the County Assessor's office. (c) Association. The Association has the right and obligation to manage and control all of the property covered by this Declaration in accordance with the Association Management Documents which consist of Articles, Bylaws, this Declaration, Architectural Standards and Association Rules. All of these OC DOCS1.07065.4 73 08/15/9614:23 documents comprise the governing documents of the Association and include provisions include provisions pertaining to the following: (i) Improvements. All Improvements installed or constructed by Owners must comply with the Architectural Standards. (ii) Declarant Control. Owners other than Declarant have the right to elect at least twenty percent (20%) of the Board. For as long as Declarant has sufficient voting power, Declarant intends, but has no obligation, to exercise its voting rights under the Declaration to elect at least a majority of the Board and the Declarant has the absolute right, pursuant to the Declaration, to initially appoint or replace all of the members of the Architectural Committee and to appoint a majority of the members of the Architectural Committee for a period of five (5) years after the date of the original issuance of the first Final Subdivision Public Report by the DRE or until ninety percent (90%) of all of the Separate Interests within the overall Development have been conveyed. Declarant intends to transition the Board members appointed by the Declarant out of the management and control of the Association and the Architectural Committee when the Development is substantially complete by appointing other Owners to serve the remainder of the terms or any resigning architectural committee members and directors. (iii) Association Maintenance Areas. There may be areas within this project and/or adjacent to some of the Separate Interests which are designated as open space areas and will be maintained as such by the Association. The Association can provide additional information as to the location of all such areas, the plant materials and any facilities or Improvements thereon, and any permitted use thereof. The common facilities such as landscaping, walls and recreational facilities that have been installed or constructed by the Declarant will be accepted for maintenance by the Association when such Improvements have been completed in accordance with the plans and specifications and certified as complete by the architect who designed such improvements. (iv) Affect of Dedications to Public Agencies. Portions of the Covered Property may have been dedicated in fee or by easement to a Public Agency. Property owned in fee by the Association that is subject to a prior dedication to a Public Agency will automatically be conveyed to the Public Agency without any prior approval of the Owners or of the Association if the Public Agency elects to accept the prior dedication. Portions of the Covered Property may also be subject to easements in favor of a Public Agency for specific purposes such as open space, access, equestrian, bicycle or other trails. The dedications are recorded against the affected property and are reflected in the public records of the County. OC DOCS\107065.4 74 0911519614:23 IN WITNESS WHEREOF, Declarant has executed this instrument the day and year first hereinabove written. ., aDelaware corporation LE By: Its: 8ut1}erIsef Rep;isenEative STATE OF CALIFORNIA ) /�, ) ss. COUNTY OF Q/ W (5-6 ) On Ar 4 asT /�� / `l 9 (o before me, a notary public in and for said State, personally appeared o and d2Qhi 2 personally known to me ( sa.- ---- lj evidence) to be the person(s) whose names) is/pfi�>ubscribed to the within instrument and acknowledged to me that he/she/ ey xecuted the same in M-Rher/t €l�rt� uthorized capacity(ies), and that by his/her/tom siignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JUDITH D. CRIMMINS COMMWOQ�t43 D] Signature U -. NOTARYPU FORNIA--11 m ORANOECOUNTY 1 My Comm. ExlAres Dec.28,1998 OC DOCS1107065.4 75 08/15/96 14:23 SUBORDINATION The undersigned is the beneficiary under that certain deed(s) of trust encumbering all or a portion of the real property described within as the Initial Covered Property which was/were recorded in the Official Records of said County, as follows: Instrument No. 19960129238 Recorded 3/15196 The undersigned beneficiary hereby consents to the within Declaration of Covenants, conditions.and Restrictions and hereby subordinates the lien of said deed(s) of trust to the provisions of this Declaration, and any Supplementary Declaration annexing additional property to this Declaration, and any amendment thereto that may be required for the purpose of complying with any law, regulation or any requirement of any of the Public Agencies or the Federal Agencies. LM STATE OF CALIFORNIA ss. COUNTY OF Qr On a notary public in i acknowledged to me that helshe. hey�xecuted the by his/her/ el ignature(66n the instrument the I nerson sl acted. executed the instrument. WITNESS my hand and official seal. Signature before me, r Y,aai , the Llcr-lLrlar and ed to me on the basis of i to the within instrument and athorized capacity 1es and that upon behalf of which the (Seal) N M. SIMMELINK MM, t10g2S67 ZL-1,;�4,co,,30.ry. . Explros OCr 19.1998 GC DOCS\307065.4 0811519614.23 Exhibit A 30 LOT B LOT F LOT D 31 29 TRACT 15243 LOT C 32 28 �•, 333 27 18 17 16 15 14 13 12 11 10 9 8 7 6 SCALE Y-300' LOT E 2619 35 25 20 Hlo"� •UFF�OgryF 5 .9M 36 W 24 a .,�� m �° a `° '° n n 4 21 37 ti 23 = 22 n n N 3 38 39 y 46 sWAY i TRACT 15222 40 1 45 29 �0�8 OT B 41 \\ T8 M y •fin - M M M M M M 28 7 S 4 s K43 LOT F 44 TRACT 15011- r SOUND ATTENUATION WALL — VREC AREA LOT E OTABTTp/�C� � �,� — .--RGAD-- LOT D 11 slINDSro: COMlULT/MO warms m aiaa II/A� O�O� aNl1w 1:\32540\EXB-0RE.0WG 07-31-9 LEGEND PHASE I BOUNDARY `•'• "'•_'"a.? LANDSCAPE AREAS MAINTAINED BY THE HOMEOWNERS ASSOCIATION LOT F 12 10 .•L �x.. 14 16 i �K x ��. 16 17 16 10 16 21 dam 7 22 6 23 A 6 24 4 LOT 23 B 26 •.... 2 .wie'. 27 28 a9 LOT AO O RECREATION AREA R NEWPORTER NORTH Common Landscape TRACT IM PHASE 1 Maintenance Area Standard Pacific, Corp. AUGUST 12,1996 EXHIBIT B LEGEND PHASE 1 BOUNDARY gzamaj44es WALLS AND FENCES TO BE MAINTAINED BY HOMEOWNERS ASSOCIATION ti9 N a LOT F 12 1s + r 14 + 15 1s 17 11 � 18 • 10 19 20 �r Q s 21 R • • A7 722 � LOT D 21 s 24 4 LOT 25 g = s 2s 27 E---] 28 LOT PO O II -- NEWPORTER NORTH TRACT 15= PHASE 1 Perimeter Walls Standard Pacific, Corp. AUGUST 12,1996 EXHIBrr D LEGEND PHASE 1 BOUNDARY • FRONT YARD LANDSCAPING TO BE t MAINTAINED BY COST CENTER LOT F 12 to 14 15 16 M 17 V 1e�: • 10 a1 v 3 LOT D LOT .4 B i A3 2E 2 27 1 28 LOT A=) NEWPORTER NORTH Special Benefits TRACT 15= PHASE 1 Common Area Standard Pacific, Corp. (Cost Center Maintenance) AUGUST 12,1996 EXHIBIT E 1 C R • � O Lol O IW Z 1� tE 1-7 Exhibit r TRACT NO. 15011 LOTS 1-4 NEWPORTER 32540\EXH11-1 7-24-96 2 MI 3 ff --- 4 n all 1416111;iOM�T7/111 NORTH SCALE 1"=20' STANDARD PACIFIC, CORP. 1565 urst m=ehur 61ut/costa mesh calilomra 92e26 mAt� 7 [d4lOcAER WN1i� Exhibit F TRACT NO. 1501 1 LOTS 5-7 NEWPORTER NORTH 32540\EXH11-2 7-24-96 o70 Q� rn 1 3AR 60 6 NORTH SCALE 1"=20' STANDARD PACIFIC, CORP. ATS5 uest mamdAur 61zdlzcosta mesq calijmnia 92B26 WALL (D?) W �o O J O W W W m �3BR Exhibit F TRACT NO. 15011 LOTS 8-1-1 W O O O O m2AR 10 NEWPORTER NORTH 32540\EXHII-3 7-24-96 PAP ,1 9 8 STANDARD PACIFIC. CORP. lS65 ¢rst macarihar 61ut/carta mesa, calfj8rara 9.e6,26 COURTYARD WAIL T w� o� ww O E EE m 2BR 3CR 14 IN Exhibit F TRACT NO. 15011 LOTS 12-15 NEWPORTER NORTH 32540\EXH11-4 7-24-96 13 � 12 NI:` SCALE 1"=20' STANDARD PACIFIC. CORP. ISBS ursf macadhur 61we lcosta mesa, edifomia Resee PORTER NORTH SCALE 1"=20' STANDARD PACIFIC. /566 ursl m=dhur dlut/costa mesa; calijbmia 92626 Exhibit F TRACT NO. 15011 LOTS 20-22 NEWPORTER 32540\IXH11-6 7-24-96 A SCALE 1"=20' NORTH STANDARD PACIFIC, CORP. 1566 urst macarMur Uailcarta mesa catilmw a 92616 WALL (1YP) Nins 0 � � p O T O r 3P w 2CL 25 24 Exhibit F TRACT NO. 15011 LOTS 23-25 NEWPORTER NORTH l yP 23 a i SCALE STANDARD PACIFIC, CORP. 1565 uesl rl==&leur blWlvarta mesa wlilomia RMW 32540\EXH11-7 7-24-96 WALL (TYP) als;j Exhibit F TRACT NO. 15011 LOTS 26-29 w• NEWPORTER NORTH 32540\EXH11-8 7-24-96 • -I 1 1 / r/ J .- 2 7 IN 26 ��o y SCALE 1"=20' STANDARD PACIFIC. CORP. l665 nest macarMur b4d1costa mesa califamia 92626 WALL °`:I -Q VA O� tOiO �� LO O O C) W O O 1- 3q W 26 3C U 5 2AK m i Ld 30 I Exhibit F TRACT NO. 15011 LOTS 30-33 31 32 III 1 11- 111 - N EWPORTER NORTH 33 STANDARD PACIFIC, CORP. SCALE 1"=20' l5B5 nest m=rthur Utdl=la mesa, caliA nia 9.Z67B 32540\EXH11-9 7-24-96 Exhibit F TRACT NO. 15011 LOTS 34-36 NEWPORTER SCALE 1"=20' NORTH STANDARD PACIFIC, CORP. . in l665 ursl maaarAur blvdlmta mesa, cahArma 9-Mg 32540\IXH11-10 7-24-96 WMI (ram) E3 Exhibit r TRACT NO. 15011 LOTS 37-39 W M ul F- M O O �'- Kp OJ �O W� uj 26R m I3CR 37 NEWPORTER NORTH m LZ O Z � m2AR 39 L 40 �o SCALE 1"=20' STANDARD PACIFIC. CORP. lf65 urst macarMur 61w1/costa mesa; cnhybrnia 92626 32540\IXH11-11 7-24-96 WALL F L� p 80 � O 8 CD � O WN W LIJ Um1BR UE5m2CR -70 Exhibit F TRACT NO. 15011 LOTS 40-42 NEWPORTER r.• all 41 Elm oQ� SCALE 1"=20' NORTH STANDARD PACIFIC. CORP. MY rwst maasrMur 619dImsta mesa, caUArnia 92626 32540\EXH11-12 7-24-96 E> TRACT NO. 15011 LOTS 43-45 N EWPORTER , z SCALE 1'=20' NORTH STANDARD PACIFIC, CORP. lS65 vest macarlhvr dluYlecosta mesa, catijornia 94=if 32540\IXH11-13 7-24-96 48 47 r2C�3A % 2A 00 Us 0 0 0 0 0 W Z m w.. Z 8m W k k� Exhibit F TRACT NO. 15011 LOTS 46-48 NEWPORTER NORTH WAIL (fYP) ISCALE 1"=20' STANDARD PACIFIC, CORP. ' l565 urst macatlkur dlldlccosla mesa, califbrnia 9.Me 45 32540\EXH11-14 7-24-96 3 �3C u> 1 A 00 . 00 LLJ .2 Exhibit F TRACT NO. 15011 LOTS 49-51 N EWPORTER V . t. . . •- NORTH 3B �o 0 m m 0 W&L Oyp) SCALE 1"=20' STANDARD PACIFIC. CORP. /566 uesl macarMur dlvd1ccasla mesa calijamia AMS 32540\EXH11-15 7-24-96 Exhibit F TRACT NO. 15011 LOTS 52-55 NEWPORTER NORTH SCALE 1'=20' STANDARD PACIFIC, CORP. 1566 uest macarMur Utd1rosta mesa calilomia 92626 32540\EXH11-16 7-24-96 LOTS NEWPORTER 32540\EM22-1 5-7-96 SCALE 1"-20' NORTH rn STANDARD PACIFIC. L.P. a,N 1566 urst maas)Yhur dlcd/easla mesa car,/wnw 9a& COURTYARD WALL -"Exhibit F TRACT NO. LOTS 5-8 15222 NEWPORTER \ n \ n \ u SCALE 1"=20' NORTH rn STANDARD PACIFIC. L.P. . MIS &W u sl ma=rfhrrr hlut/coda rmm cWj*nfa sze& 32540;EXH22-2 5-7-96 EX$1b.LL r TRACT NO. 15222 LOTS 9 -11 N EWPO RTE R 32W\EXH22-3 5-7-96 NORTH 7 SCALE 1"=20' STANDARD PACIRC9 L.P. .MEN 1566 rursl mocurtAur blot/rnr/a mssu cali�firaia 9?62ri Exhibit F TRACT NO. LOTS 12- 4 scALE 1 =20• NEWPORTER NORTH STANDARD PACIFIC, L.P. 32540\Eni22-4 5-7-96 . i,i ISM UW macartbry Md1cuufa mesa caliornta 9m,2F Exhibit F TRACT NO. 15222 LOTS 15-17 NEWPORTER SCALE 1"=20' NORTH rn STANDARD PACIFIC, L.P. :2SaO\EXH22-5 5-)-96 MEN Aff6' u rst m=,thur dhd/zvsta ares4 c&i,6rnra 97?s_,e VVvmlV V "mL klirl Exhibit F TRACT NO. 15222 N LOTS 18-20 SCALE 1"-20' N E W P O R T E R NORTH STANDARD PACIFIC, L.P. !Siff wrsl maca7Y4vr 61ttilmla mam cali*nia 9c'! M 32540\ECH-22-6 5-7-96 n , • 22 n 3A 21 COURTYARD WALL Exhibit F TRACT NO. 15222 LOTS 21-24 SCALE -20' N E W P O R T E R NORTH STANDARD PACIFIC, L.P. IBBS ¢rs! MW47fhar dlni/rosta meet calijbrma .P&, S 32540\EXH22-7 S-7-96 1AR Exhibit F TRACT NO. 15222 LOTS 25-28 NEWPORTER 27 2 w m C DUFMMD WALL NORTH 26 3C UJ to N O L Lu �l Em 25 SCALE 1"=20' STANDARD PACIFIC. L.P. 325+0\EXH22-8 5-7-96 lSBS ursf macuHhur Md lcosla mesa ca :Arn:a 9-vW EXISTING RESIDENTIAL EXISTING RESIDENTIAL NORTH CENTER (COYTEm&) POTENT& FUTURE NEWPORT COAST DRIVE CORRIDOR BY-PASS nTRE RESD�NEJTINnAICSAN JiOAp^ ➢N RESEVOIR EXIS71NRMOUMIL EXISTING REwwnu lod �EWPIOTT �� YPOF N CITY AYWOOD BEACH APARTMENTS EXISTING RESIDENTIAL EDSTING RESIDENTIAL Exhibit G ,--POTENTIAL FUTURE EXTENSION OF NEWPORT COAST DRIVE GAS RECOVERY STATION PEAK PAC9nC OCEAN `! A NEWPORTER NORTH LAND USE MAP LAND USE LEGEND STAMAFiD PACFIC` L.P. RESIDENTIAL PARKS a FIRE STATION F POTENTIAL HEUPAD iC CENTER 7ICN -in RESORT/ NATURAL AREAS � RESEVOIR OR WATER �MEW PARK Eli]POLICE STATION COMERCIAL /CANYONS PUMP STATION I/D l C O Nl 4L Tl N B RETAIL L�jOPEN SPACE © BEACH PARKING/ I O REACH ACCESS PUBLICMDS POTENTIAL FUTURE CORRIDOR INTERCHANGE r--,>. ,; Gq.F000RSE ELEMENTARY SCHOOL I LI SEAER PUMP i SEGMENT OF NEWPORT COAST OR PR(.WPOSED -0 'NAI I STATION TO 2E CONVERTED CORRIDOR FIGHT CT Exhibit H OWNER INDEMNITY AGREEMENT CHEVRON U.S.A. INC., a,Pennsylvania corporation (hereinafter "Indemnitor" or "Chevron"), enters into this Indemnity Agreement (hereinafter "Agreement") with Standard Pacific Corp., a Delaware corporation -(hereinafter "Owner" or "Indemnitee") with regard to contamination that may be present on real property located at the _`Newporter North' Parcel on the northwest corner of San Joaquin Road and Jamboree Road, Newport Beach, California (the "Property") to assist Owner in its efforts to improve and sell the Property and for the mutual promises contained herein. RECITALS WHEREAS, Standard Pacific Corp. is the owner of the Property; WHEREAS, Chevron, or its dealer, operated a service station facility located at 1550 Jamboree Road, Newport Beach, California ( the "Station Property"); and WHEREAS, hydrocarbon contamination and other contaminants may be present on the Property as a result of Chevron's operations on the Station Property; and WHEREAS, Owner is attempting to improve and sell the Property; and WHEREAS, Indemnitor desires to cooperate with and assist Owner in its efforts to improve and sell the Property; and WHEREAS, Owner and Indemnitor wish to resolve certain issues regarding potential liability for contamination, as defined herein, which is or may be present on the Property in a nonadversarial manner, NOW, THEREFORE, the Parties agree as follows: The following definitions shall apply to this Agreement: A. "Contamination" or "Contaminants" shall mean motor fuel hydrocarbon contamination and any constituents or related compounds (including benzene, xylene, ethyl benzene, toluene);. and hazardous substances added to such motor fuel hydrocarbon during refinement or used in Chevron's operations on the Station Property. B. "Order" shall mean any orders, demands, requests, or other directives issued by a governmental agency or unit which directs a person to undertake investigation, monitoring, or cleanup or other remediation of Contamination. 2. Indemnitor agrees, at its sole cost and expense, to perform or cause to be performed, such investigation, monitoring, cleanup, and other remediation of Contamination as may be present in, on, or under the Property as is necessary to accomplish the following: a) k-2-272.doe 1 3/14/96 determine the extent and scope of Contamination in, on, or under the Property which resulted from Indemnitor's activities on the Station Property; b) meet the requirements of all federal, state and local statutes, regulations, ordinances, and standards regarding investigation, monitoring, and cleanup or other remediation that apply to Indemnitor or the Indemnitee as a consequence of any Contamination resulting from Indemnitor's activities on the Station Property; and c) undertake all measures necessary to fulfill all requirements contained in any Order issued by any governmental agency with Jurisdiction in which Indemnitor is named sufficient to obtain a "No Further Action" letter. Indemnitor's obligations under this paragraph shall extend not only to Indemnitee, but also to the Indemnitee's successors) -in -interest who take title to the Property within eight years of execution of this Agreement (including purchasers as well as any lenders who take title by foreclosure). 3. Indemnitor shall, at its sole cost and expense, promptly commence investigation, to determine whether and the extent to which any Contamination on the Property is the result of any party other than Indemnitor and to identify the source and extent of any such Contamination. Nothing contained herein obligates the Indemnitors to conduct further investigation if, in Indemnitor's sole discretion, Indemnitor has satisfied itself with prior such investigations. 4. Indemnitor shall indemnify and hold Owner harmless, from any liabilities, claims, damages, losses, or suits by third persons resulting from any investigation, monitoring and/or clean- up activities conducted on the Property pursuant to this Agreement or as a consequence of any contamination on the Property resulting from Indemnitor's operations on the Station Property, and to further indemnify, defend and hold Owner harmless from and against any demand or requirement imposed by any government agency with jurisdiction over the Property that any investigative or clean-up action be taken regarding contamination at the site caused by Indemnitor. Indemnitors indemnity obligation shall extend not only to Owner but also to i) Owner's successors) -in -interest who may take title to the Property within eight (8) years of the date of execution of this Agreement; and ii) such Lenders or parties who may take a security interest of record in the Property within eight (8) years of the date of execution of this Agreement. Any successor in interest taking record against the Property on a date which is later than eight (8) years from the date of execution of this Agreement, shall not be entitled to any protection under this Paragraph. For the purpose of this Agreement, the Owner and any person or entity for whom the indemnity obligation is extended pursuant to subsections i) and ii) of this section 4., shall be deemed not to be a third party. Indemnitor shall not be bound by the indemnification obligations as set forth herein to those persons or entities taking title to the Property, or portions thereof, as contemplated in subsections i) and ii) unless and until Indemnitor is provided proof by the person or entity claiming to be an Indemnitee in writing that that person(s) or entity(s) has taken title to the Property or portion thereof. 5. In return for the obligations agreed to by Indemnitor under this Agreement, Indemnitee agrees that it shall not bring any lawsuit against Indemnitor with regard to any matters pertaining to any Contamination caused by Indemnitor and within the scope of this Agreement as long as Indemnitor is in compliance with the terms of this Agreement and has not terminated the tolling agreement in paragraph 6 below. k-2.272.doc 2 3/14/96 6. The parties agree that any applicable statute of limitations or laches defense for any action which Indemnitee may file against Indemnitor with respect to any Contamination caused by Indemnitor shall be tolled until this tolling provision is terminated on 30 days notice by either party. 7. Notice pursuant to this Agreement may be given by certified mail, return receipt requested, as follows: For Indemnitee: Scott D. Stowell, Vice President, Project Development Standard Pacific of Orange County a Division of Standard Pacific 1565 West Mac Arthur Blvd. Costa Mesa, CA 92626 (or such other address as may be specified in writing by Indemnitee or Indemnitee's successor(s)- in-interest) with a copy to: Thomas J. Bois, II, Esq. Sedgewick, Detert, Moran & Arnold 3 Park Plaza, 17th Floor Irvine, CA 92714-8505 (or to the specified address of counsel for Indemnitee or Indemnitee's successors) -in -interest) For Indemnitor: Carl Down, Esq. Senior Counsel Chevron U.S.A. Products Company 1300 Beach Blvd., Room 2059 La Habra, California 90632 (or to such other address as Indemnitor may specify in writing). k•2.272.do¢ 3 3/14/96 8. This Agreement shall be interpreted, and any dispute arising hereunder shall be resolved, in accordance with the substantive law of the State of California, without reference to choice of law rules. 9. If any provision of this Agreement shall be adjudged invalid by any court, the remaining provisions of this Agreement shall remain valid and shall be enforced to the full extent permitted by law. 10. Nothing in this Agreement is intended nor shall be construed as an admission by Indemnitor of any liability whatsoever for any contamination or other condition on or off the Property, or for any act or incident that is an any way connected with or related to the Property. 11. If any action shall be instituted between the parties in connection with.this Agreement and taken through final adjudication, the prevailing party shall be entitled to recover from the losing party all of its reasonable costs and fees incurred therein, including without limitation, its reasonable attorney's and expert fees. IN WITNESS WHEREOF, in consideration of their mutual promises contained herein, the parties have executed this Agreement. Dated: 3CHEVRON U.S.A. INC., a Pennsylvania corporation By:.. — Its: Dated: OWNER` B}'�iP��' Its: Authorized Representatipe k-2-272.doc 4 3/14/96