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HomeMy WebLinkAboutPA99-0152_COASTAL DEVELOPMENT TO ZA TAYLOR WOODROW HOMES NEWPORT*NEW FILE* PA99-0152 y Oiscrctionary Accounting'-',, M�, f , xary Pecmlt ! �� 5`,C 0462— " Summary ! �� tYch P c:a�mc��p: YOB y ) Tima C=r Pa a NEWPORT COAST DEVELOPMENT AREAS 3A-2a, 3A-2b, and 3A-2c Site Development, Permit PA, 990152 0 CONDITIONALLY APPROVED CURRENT PLANNING SERVICES August 1999 W of = ,9 � PLANNING AND DEVELOPMENT SERVICES �9�/FORa` Application #: PA990152 Application Application Parcel(s): Address(es): Location: Project Area: Type: COASTAL DEVELOPMENT TO ZA Name: TAYLOR WOODROW HOMES 15586 OTM IRVCPLNG Date Filed: 10/05/1999 04/08/98 10/05/99 DAPS 3A-2A,2B,2C - NEWPORT COAST 202.00 ACRE Public Project: N Initial Study Required: Y IS Charge #: P53883 IS Summary #: 082 Application Charge #: P55528 Summary #: 406 Owner Information Name: TAYLOR WOODROW HOMES, INC. Address: 24461 RIDGE ROUTE DR., #100 LAGUNA HILLS, CA CRAIG HOFFMAN Zip: 92653 Phone: 949-581-2626 Applicant/Agent Information Name:` FORMA Address: 3.100 BRISTOL, STE: 100 COSTA MESA CA ATTN: CRAIG HOFFMAN Zip: 92626 Phone: 714 540-4700 Zoning: PC J DA 3A-2A,2B12C APN: 47731011 CAA: 47 Census Tract: 626.17 Supv District: 5 Coastl Zone: -YES LUE: 1B Comm Profile: 1.4 PC/SP: NEWPORT COAST PC Previous Apprv: MCDP PA970133; EIR 568; TTM 15444 & 15446; PA970046 (AP#BR 477 PGS 3110, &il) PA980049 Project Proposal: COASTAL DEVELOPMENT PERMIT TO PERMIT CONSTRUCTION OF 11 DETACHED RESIDENTIAL POOL CABANA/GARAGE OR GUEST HOUSES. REVISION TO PREVIOUSLY APPROVED PA980049. DEPOSIT SUMMARY Total Deposit: 4,081.00 Payments: 4,087.0 BalancWNDITIONAI� APPROVED 60 BY:O,12c r DATE! .._---- URRENT PLANNINGG-SERVICI I! 3 J c M County of Orange kk6.W DATE: March 6, 2000 TO: File/Record/Applicant MEMO i FILE: PA99-0152 FROM: Thomas B. Mathews, Director, Planning and Development Services Department SUBJECT: Planning Application PA99-0152 for Site Development Permit to modify previously approved Site Development Permit PA 990042, APPLICANT: Taylor Woodrow Homes, Inc. I. NATURE OF PROJECT: A Site Development Permit (SDP) is requested for Development Areas 3A-2a, -2b and -2c, located within Newport Coast Residential Planning Area 3A-2. These Development Areas were previously designed and approved for 33 merchant build homes with three product types ranging in size from 4,900 to 5,300 square feet. The current proposal is intended to modify Site Development Permit PA 990042, administratively approved on June 28, 1999 to allow for the following modifications for Development Areas 3A-2a, -2b and -2c: • Permit construction of 11 detached residential pool cabana/garage or guest houses; Three variations to the design of the detached structure are provided. Within the same footprint of approximately 780 square feet, future homeowners can select a pool cabana, with a bathroom and bar, a two -car garage with work alcove or a guest house option, with bedroom, a living area, bathroom and a walk in closet. In all instances, the maximum building height will not exceed 15 feet. The design of the pool cabana/garage/guest houses is consistent with Orange County Zoning Code Section 7-9-146.5 in that, these units have been located so as not to encroach into any setback area required of the principal use. The design is also consistent with Zoning Code Section 7-9-137.1 for those lots where a detached garage option is constructed, in that the garage (side) entry is a minimum of 20-feet from the sidewalk. In all instances where the optional pool cabana/garage/guest house are constructed, a Deed Restriction will be recorded, stating that "The proposed use will be use exclusively for the members of the family occupying the main dwelling and their non-paying guests and will not at any time be used as a separate dwelling unit" in conformance with County standards. The design of the pool cabana/garage/guest house is consistent with all of the LCP — Second Amendment Site Development Standards for Medium -Density Residential Planning Areas and the Definitions contained in LCP, Chapter 12. PA99-0152 Taylor Woodrow Page 2 10 • Allow for design modifications to the architectural products; and The proposed architecture provides both one- and two-story homes in three floor plans that range in size from approximately 4,900 square feet to, 5,300 square feet. Plan 1 is a 5-bedroom plan with two -car garage and tandem garage storage area. Plan 2 has up to 5-bedrooms with a two -car garage and tandem garage storage area. Plan 3 includes up to 6 bedrooms with a two - car garage and tandem garage storage area. Building heights for the main dwelling range from 24 to 26 feet. The proposed architecture is influenced by Santa Barbara Spanish inspired designs which reflect the Mediterranean style of architecture approved for The Newport Coast. • Allow for modifications to the sales/model home complex. The refined sales/model home complex is situated on a cul-de-sac taking access from Scenic Bluff Drive in Development Area 3A-2a. The refined design of the model complex includes three residential units (one unit includes the optional detached guest house), a temporary -asphalt parking area with 12 parking spaces, including one handicap accessible space and a landscaped courtyard area. A sales office will be located in the garage of the unit adjacent to the parking lot. A chain - link construction fence may span the street to screen the models from adjacent construction. The model complex includes a 42-inch high tubular steel trap fence between the sidewalk and the street, as well as flags, temporary signs, and walkways. The project is part of Residential Planning Area (PA) 3A-2 (Residential) in the Newport Coast Planned Community/LCP, The project site is located inland (north) of Pacific Coast Highway, east of PA 10 (Golf Course), east of PA 3A-1 (Residential) and south of PA 12B (Open Space). H. REFERENCE: (Authority for Administrative action is given by what ordinance, regulation, etc.) Orange County Zoning Code sections and 7-9-150 'Discretionary Permits and Procedures", Newport Coast Planned Community/LCP development regulations and Newport Coast Master Coastal Development Permit as amended. III. ENVIRONMENTAL DOCUMENTATION: The proposed project is covered by Final EIR 568, previously certified on 5-5-98. Prior to project approval, this EIR was found adequate to satisfy the requirements of CEQA the Director. Appendix A contains the required CEQA Finding. IV. CERTIFICATION: I hereby certify that the subject proposal has been Conditionally Approved. PA99-0152 Taylor Woodrow. Page 3 E WVM FOLDER: Newport Coast APPEAL PROCEDURE Thomas B. Mathews, Director Planning and Development Services Department Planning Section Any interested person may appeal the decision of the Director on this permit to the Orange County Planning Commission within 15 calendar days of the decision upon submittal' of required documents and a filing fee of $760.00 filed at the Development Processing Center, 300 N. Flower St., Santa Ana. ATTACHMENTS: V. FINDINGS: The Findings approved by the Planning Commission by Resolution No. 98-07 dated July 7, 1998 for PA98-0049 are re -adopted as Findings for this proposal and are attached to this report as Attachment A. VI. CONDITIONS: In addition to the three conditions of approval as follows, the Conditions of Approval approved by the Planning Commission by Resolution No. 98-07 dated July 7, 1998 for PA98-0049 are re -adopted as Conditions for this proposal and are attached to this report as Attachment B: Prior to the issuance of a building permit, the developer-builder/owner shall provide the Manager, Current Planning Services Division for review and approval, a "Notice and Statement of Acknowledgement" that the "swing -in" storage area or tandem storage area interior to the two -car garage or the extra storage space located in a manner depicting a third car garage, does not meet the County definition for a garage space with respect to interior dimensions and provided maneuvering area. Said notice and statement shall be provided to each prospective purchaser prior to the sale of any unit. 2. Prior to the issuance of any building permits, the applicant shall submit a Tract Phasing Plan to the Manager, PFRD, Construction, Special Projects for approval. The Phasing Plan shall include the Dwelling Unit construction phasing for Tentative Tract 15818. PA99-0152 Taylor Woodrow Page 4 3. MODEL HOME COMPLEX A. The use approved by this action shall expire three (3) years from the issuance of the temporary certificate of use and occupancy of the sales office in the model. Applicant may apply for one (1) one-year extension for this permit. B. The sales/information trailer; including signs, flags and parking lot, shall be removed and the site restored within 60 days after the sales office in the model home has been established. C. A maximum of fifteen (15) on -site pennants are permitted in connection with the model home sales use. D. No sign shall be posted or placed on public or private property advertising or directing people to the development which is the subject of this permit, unless such sign is allowed by all applicable permits and is expressly permitted by written consent of the property owner. It is expressly understood and accepted by the applicant that this condition is applicable to any sign advertising or directing people to the development, regardless of whether the applicant directly posted or placed the sign in question. E. The model home sales office shall be used solely for the first sale of dwelling units approved for TT15818. F. Two (one each side) Type "N" reflectors shall be installed on all fences located in street right-of-way. G. Within ninety (90) days after the termination of the use of the subject property as a model home complex and real estate sales office, the applicant shall remove, relocate or revise the parking lot, signs, all temporary fencing, the sales office and the model homes as necessary to comply with the current applicable zoning regulations. PA99-0152 Taylor Woodrow • . Page 5 ATTACHMENT A-1 --FINDINGS PLANNING COMMISSION RESOLUTION NO.98-07 PLANNING APPLICATION 980049 FOR NEWPORT COAST PLANNING AREAS 3A-2 and 3B CDP That the Planning Commission makes the following Findings with respect to Planning Application 980049 for a Coastal Development Permit: 1. County Requirements are being met as follows: a. General Plan. The use or project proposed is consistent with the General Plan. b. Zoning Code. The use, activity or improvement proposed by the application is consistent with the provisions of the Orange County Zoning Code. c. CEQA. The approval of the permit application is in compliance with the requirements of the California Environmental Quality Act as demonstrated in Resolution No. 98-04. d. Compatibility. The location, size, design and operating characteristics of the proposed use will not create significant noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity. e. General Welfare. The application will not result in conditions or circumstances contrary to the public health and safety and the general welfare. f. Development Fees for Provision of Public Facilities. The requirements of Orange County Code Section 7-9-711 have been met. g. Mitigation Measure Monitoring. The monitoring requirements of Public Resources Code Section 21081.6 have been met in that a Mitigation Measure Monitoring and Reporting Plan, has been prepared. h. Local Coastal Program. The project proposed by the application conforms with the certified Second Amendment to the Newport Coast Local Coastal Program in a manner as approved by the Orange County Planning Commission in Resolution No. 96-04 dated May 21, 1996 and by the Orange County Board of Supervisors in Resolution No. 96-861 dated December 3, 1996 and in Ordinance No. 96-3974 dated December 3, 1996. i. Master Coastal Development Permit. The original Master Coastal Development Permit (MCDP) for Newport Coast (MCDP 88-11P) and Vesting Tentative Tract Map 13337 established master utilities and backbone infrastructure, allowing large-scale land subdivision for the overall Newport Coast community. PA99-0152 Taylor Woodrow Page 6 E The Master Coastal Development Permit — Sixth Amendment (PA 970133) and Vesting Tentative Tract Map No. 15444 and No. 15446 established the boundary lines between Planning Areas (PA) 3A-2 and 3B, 3A-2 and 12B, 313 and 12B, 313 and 14, updated the Planned Community Development Map and Planned Community Statistical Table contained within the Newport Coast Master Coastal Development and modified the alignment of Crystal Cove Drive. j. Newport Coast Development Agreement. The project proposed by the application conforms with the Newport Coast Development Agreement (DA 87-16) approved by the Board of Supervisors on April 20, 1988 (Resolution No. 96-537) and the Development Agreement First Amendment (DA 96-03), approved on December 3, 1996 (Resolution No. 96-861), and as demonstrated in the following findings. 2. Based on the information and analysis contained in Final EIR No. 568, the project will have no new significant adverse impacts to environmental effects beyond those identified, mitigated, or for which overriding considerations were adopted in connection with Final EIR No. 568 or the previous environmental documentation prepared for the Newport Coast LCP — Second Amendment, the Newport Coast Master Coastal Development Permit, and the Irvine (Newport) Coast Development Agreement. The Findings approving the LCP — Second Amendment and contained in Board of Supervisors' Resolution No. 87-1327 and the Findings certifying EIRs 485 486, 511 and 528 contained in Resolution Nos. 88-24, 88-45, 89-38, 92-07 are incorporated herein by reference, as though fully set forth. 3. All development projects within the Newport Coast Planned Community are subject to approval of a Coastal Development Permit in compliance with Chapter 10 of the Newport Coast LCP and the County's "Coastal Development" District Regulations, Orange County Zoning Code Section 7-9- 118. 4. This Coastal Development Permit is for the development proposal in The Newport Coast Planned Community Medium Density Residential Planning Areas 3A-2 and 3B, Development Areas 3A- 2a, -2b, -2c, -2d, 3B-la, -lb, -1c, -le, 3B-2a, -2b, and -2c. 5. Development within Newport Coast Planning Areas 3A-2 and 3B, related to residential development will modify category "D" ESHAs. No other category of ESHA will be affected, and the development within Planning Areas 3A-2 and 313 complies with LCP ESHA policies in that development is permitted to modify or eliminate vegetation and drainage courses in category "D" ESHAs, which have little or no riparian habitat value; and all development impacts will be mitigated by the Open Space Dedication and Riparian Habitat Creation Programs (LCP I-2-A-2a [page I-2.4]). 6. Aesthetics and the protection of sensitive visual resources within the Newport Coast are addressed in the LCP. The LCP, Exhibit C, identified the following four visually significant resources visible from PCH: Los Trancos Canyon, Lower Wishbone, Moro Hill, and the Pacific Ocean. The Lower Wishbone area is included in the site. According to the LCP, the ocean is the dominant visual resource in all cases and will not be affected by the project. In addition, the Open Space Dedication Program of the LCP protects views of other areas defined as "Visually Significant Lands". PA99-0152 Taylor Woodrow Page 7 7. Development within Planning Areas 3A-2 and 3B complies with LCP Appendix Item 6, "Visual Analysis; The Newport Coast Proposed Land Use Element" in that residential development has been pulled back from Reef Point Drive and Crystal Cove Drive, and clustered on the ridgetops. 8. Development within Planning Areas 3A-2 and 3B is consistent with LCP Special Use Open Space policies in that an offer of dedication for Los Trancos Canyon Planning Area 12A has been made to the County of Orange in a form approved by the Manager, Public Facilities and Resources Department / Harbors, Beaches and Parks — Program Management (LCP I-3-A-2b [page 1-3.5]). 9. Planning Areas 3A-2 and 3B are proposed for development as custom estate single-family detached housing projects, with a total of 325 dwelling units on approximately 202.2 acres with an overall density of 1.6 dwelling units per acre. Planning Areas 3A-2 and 3B have been subdivided into the following 11 Development Areas: a. Development Area 3A-2a is proposed with a total of 9 dwelling units on approximately 13.1 acres with an overall density of 0.7 dwelling units per acre. b. Development Area 3A-2b is proposed with a total of 18 dwelling units on approximately 15.2 acres with an overall density of 1.2 dwelling units per acre. C. Development Area 3A-2c is proposed with a total of 6 dwelling units on approximately 7.2 acres with an overall density of 0.8 dwelling units per acre. d. Development Area 3A-2d is proposed with a total of 47 dwelling units on approximately 22.8 acres with an overall density of 2.1 dwelling units per acre. e. Development Area 3B-la is proposed with.a total of 41 dwelling units on approximately 24.2 acres with an overall density of 1.7 dwelling units per acre. f. Development Area 3B-lb is proposed with a total of 64 dwelling units on approximately 32.7 acres with an overall density of 2.0 dwelling units per acre. g. Development Area 3B-lc is proposed with a total of 78 dwelling units on approximately 21.7 acres with an overall density of 3.6 dwelling units per acre. h. Development Area 3B-le is proposed with a total of 4 dwelling units on approximately 7.2 acres with an overall density of 0.6 dwelling units per acre. i. Development Area 3B-2a is proposed with a total of 21 dwelling units on approximately 26.8 acres with an overall density of 0.8 dwelling units per acre. Development Area 3B-2b is proposed with a total of 16 dwelling units on approximately 11.7 acres with an overall density of 1.4 dwelling units per acre. k. Development Area 3B-2c is proposed with a total of 21 dwelling units on approximately 19.6 acres with an overall density of 1.1 dwelling units per acre. PA99-0152 Taylor Woodrow • Page 8 • 10. In terms of adopted procedure, this CDP sets forth certain elements of planning approval and is processed as a large-scale plan that implements the Newport Coast LCP Chapter II-10, Discretionary Permits and Procedures; Section II-10-A-2 and -3, Coastal Development Permits and Applications. 11. The portion of the CDP encompassing the proposed residential project within Planning Areas 3A- 2 and 3B is consistent with the applicable LCP Site Development Standard provisions (LCP II-4- C-6) based on the following: a. Under the LCP, the DA 3A-2 and DA 3B site is designated for Medium Density Residential development, which permits a maximum density of 6.5 dwelling units per gross acre. b. No building site area will be less than 2,500 square feet for detached/attached single- family, or non-residential development. C. Regardless of the slope of the land, the gross land area per dwelling unit is above the 1,000 square feet minimum. d. Building height will be consistent with the maximum 35 feet standard as defined in LCP Chapter II-14 (page H-4.17). e. Two or more car garages will be provided for all units. f. Street lights will be designed and located so that rays are aimed at the site. g. Areas of disturbed soil will be hydro -seeded to control erosion. h. Manufactured slopes along development edges will incorporate contour -grading techniques. i. The principle project collector roads will maintain between 36 and 40 feet of paving with a 4-foot sidewalk backing a 6.5-foot or 8-foot parkway on both sides of the street. Single -loaded cul-de-sacs serving the residential neighborhoods will maintain 28 feet of pavement with 4-foot sidewalks backing a 6.5-foot parkway on the loaded side of the street only. Lighting along the streets will be limited to intersections and cul-de-sacs. 12. The proposed residential housing project is consistent with the LCP Archeological policies in that: a. The MCDP 89-26P conditions of approval require that a County -certified archeologist complete a literature and records search and a field survey. The search and survey for PAs 3A-2 and PA 3B has been completed. b. The MCDP 89-26P conditions of approval require that a County -certified archeologist conduct subsurface tests prior to grading and determine site disposition. Subsurface PA99-0152 Taylor Woodrow • Page 9 is excavations have been complete and analyzed, and reports are being prepared. Resource surveillance will be provided during grading operations. 13. The proposed residential housing project's improvements are consistent with the LCP Paleontological policies in that: a. The MCDP 89-26P conditions of approval require that a County -certified paleontologist complete a literature and records search and a field survey. This search and survey had been completed. No paleontological resources were identified. b. The MCDP 89-26P conditions of approval required that a County -certified paleontologist conduct pregrading salvage and resource surveillance if necessary. Since no resources were identified, no pregrading activities are required. During grading, resource surveillance will be conducted. 14. Consistent with LCP Runoff Policies, peak flood discharge rates in major watersheds will not exceed pre -development levels. Post -development runoff is either reduced or diverted by redirecting storm runoff from six existing culverts to the Muddy Canyon culvert inlet. Although the runoff rates will be greater at the Muddy Canyon culvert, the increased flow rate of eight percent (8 %) is within the ten percent (10 %) increase as allowed by the LCP. 15. The MDRMP was approved by the County in connection with approval of the Master CDP 88- 11P. The MDRMP addresses, in a comprehensive manner, the policies contained in Sections I- 3-E,-I,-J,-K and -L of the LCP. It provides data on existing water quality and quantity, and an assessment of project impacts on water resources, existing and proposed riparian habitats, and off -shore marine life. Mitigation measures, long-term maintenance, and a monitoring program are described. This report demonstrates compliance with the applicable LCP policies, and its findings demonstrating such compliance are incorporated herein by reference. Specifically: a. The areas to be developed are used for grazing and have a high erosion rate. After development, erosion rates will be significantly lower than existing rates and will approximate natural conditions. (LCP I-3-I-1 [page I-3, 30]) b. Plans for sedimentation and erosion control will respond to requirements for reseeding and planting disturbed soil. (LCP I-3-I-2 [page I-3.29]) C. Erosion control devices will be installed. Additional preventive erosion control measures described in the Orange County Grading Manual and the City of Newport's Sedimentation and Erosion Control Manual will be integrated into each Development Area site plan, as appropriate. (LCP I-3-I-3,-4, and -5 [page I-3.30]) d. The MDRMP recommends that detention basins be converted to desalting basins during construction. During the design stage and prior to the initial grading operations, configurations and structural details of these desilting basins will be prepared as part of the submitted design. The erosion control design plans for each development cluster will PA99-0152 Taylor Woodrow • Page 10 • identify additional desilting basins in accordance with the Orange County Grading Manual. (LCP I-3-J-1 [page I-3.30]) e. Vegetative cover and temporary mechanical means of controlling sedimentation will be established and conducted as described in the MDRMP and in accordance with Orange County's Grading Manual. (LCP I-3-J-2 and-3 [pages I-3.30 and I-3.31]) f. In order to maintain channel stability, Rivertech has identified a number of locations where detention basins may be constructed. Chapter VII of the MDRMP includes a detailed study of the mechanics of Buck Gully downstream from Newport Coast Drive. That chapter identifies and describes size and configuration of the facilities required to maintain the stability of the downstream reach of Buck Gully. The sediment yield to the beach is expected to be less than existing and will approximate natural conditions. (LCP I-3-J-5 [page I-3.31]) g. Except during the construction, Rivertech foresees no long term need for sediment catch basins. (LCP I-3-J-5 [page I-3.31]) I Portions of Planning Areas 3A-2 and 3B drain into Muddy Canyon or Los Trancos Canyon. Most drainage goes into Muddy Canyon where all the detention basins described in PA 980049 were sized to take 3A-2 and 3B drainage flows. The drainage that flows from the northern portion of PAs 3A-2 and 3B will be discharged through streets and energy dissipaters into Los Trancos Canyon or under PCH through existing facilities to the beach in Crystal Cove State Park. i. Drainage facilities will be designed and submitted with the project grading plans. (LCP I-3-K-2 and -3 [page I-3.32]) j. Impact type energy dissipaters with riprap installed in Crystal Cove State Park as part of PCH improvements reduce the flow velocity and shear stress to non -eroding values at the outlet of storm drains. (LCP I-3-K-5 [page i-3.32]) k. Based on analysis performed by The Keith Companies, all structures draining into the study area across PCH have adequate capacity to convey the design discharges. Runoff from the proposed development will be released to the natural water courses. The exact terminus location of each storm drain will be determined during the design stage, based on geotechnical, hydraulics, and stream mechanics analyses. (LCP I-3-K-6 [page I- 3.32]) 1. Soils and engineering studies have been submitted to the County. (LCP 1-3-L-1 [page I- 3.321 in. The MDRMP addresses grading from October 15 through April 15, and identifies those measures necessary for adequate erosion control. (LCP I-3-L-2 [page I-3.33]) PA99-0152 Taylor Woodrow • Page 11 n. Project plans call for appropriate permanent and temporary stabilization techniques as identified in the soil and geotechnical reports for PAs 3A-2 and 3B. (LCP I-3-L-3,-5, and -6 [pages I-3.33 and I-3.34]) o. Stockpile locations for topsoil will be identified in the final landscape plans. p. The grading for the PAs 3A-2 and 3B CDP will be terraced to conform to the general topography. Terraces will have variable heights to avoid uniformity. Through the use of a meandering interior roadway, a stair -stepped appearance will be avoided. Perimeter edges will be treated with daylight cuts and fills following the existing topography where possible. Slopes will be varied from 2:1 and flatter, and contoured into the existing topography. Slopes will be terraced along the project interface with roads, integrating the slopes created by roadway construction with grading for future residential projects. Thus, the graded slopes will appear natural, blending into the existing environment and mitigating the potential visual effects of grading. (LCP I-3-L-8 [page I-3.34]) 16. The design -specific runoff management strategy for the proposed project reduces peak storm runoff via two permanent and two temporary detention basins, as well as drainage diversions to protect coastal terraces in Crystal Cove State Park. Peak 100 year storm flows from the culverts under Pacific Coast Highway will be significantly reduced to rates below pre -development peak rates due to these diversions, with the exception of the Muddy Canyon culvert. Portions of the 100 year peak runoff from the central project area, and all of the runoff from the eastern project area, will be directed to Muddy Canyon just upstream of the PCH culvert via an underground pipeline and the two temporary detention basins along PCH. Although the tributary drainage areas and runoff rates are greater at the Muddy Canyon culvert due to the redirection of flows in the post -development condition, the increased rate is within ten percent above the pre -development discharge of the 100 year storm event, as allowed by the LCP. 17. The proposed project complies with the LCP Circulation policies (LCP I-4-E [pages I-4.19 through I-4.34]. a. Roads are designed to meet County safety standards; b. Roads will be landscaped; C. All internal roadways are curvilinear and all slopes contoured into the existing topography; d. Residential areas are served by private streets an/or driveways; e. All modifications to existing roadway standards have been carefully considered and justified by safety and circulation conditions. f. Roadway grading has been blended into existing topography by contour grading, where feasible. Retaining walls and other structures have been used to minimize grading impacts. PA99-0152 Taylor Woodrow Page 12 to 10 g. Traffic Management Program measures have been incorporated into the project where appropriate. h. Road design and sections for entry roads, collector roads, residential streets, and private driveways have been designed to be consistent with LCP Exhibit P, Residential Entry Road & Residential Streets - Typical Sections. i. All roadway improvements established in LCP Exhibit Q, Newport Coast Arterial Roadway Phasing Summary, will be installed on or before the triggering mechanisms called for in Exhibit Q. 18. The proposed project complies with the LCP Public Works/Infrastructure policies in that it includes necessary sewer improvements and drainage improvements. All public works/infrastructure is provided in the major public roadways approved under Master CDP 89- 26P and the Pelican Hill Road CDP (for Newport Coast Drive ), and the roadways proposed in this project. (LCP I-4-F-1 through -7 [pages I-4.19 through I-4.34]). The proposed infrastructure improvements in Newport Coast Planning Areas 3A-2 and 3B are consistent with the applicable LCP standard provisions (LCP II-4c [page 11-4.19-23]) based on the following: a. Areas of disturbed soil will be hydro -seeded to control erosion. b. Manufactured slopes along development edges will incorporate contour -grading techniques. C. The principle local streets will maintain 36 feet of paving with 48-inch sidewalks on one side of the street. 19. The LCP Development/Open Space Edge policies apply to the Fuel Modification Zone along the northeastern limits of PA 3A-2, including DAs 3A-2a and 3A-2b, and the southeastern limits of PA 3B, including DAs 313-2a and 3B-2c, in that: a. The use of trees will help screen the edge of development from off -site views. b. The fuel modification program utilized, as approved in the Master CDP Sixth Amendment (PA 970133), will consist of the following zones: Zone A provides a 20-foot minimum setback as defensible space immediately adjacent to private yards and residences. The down slope in this zone is planted and irrigated. Zone B is a minimum of 50 feet of permanently irrigated landscaping to be maintained by the homeowners association. Zone B may include medium height, open tree groups near common property lines. Drought -tolerant and fire-resistant plant materials are required. Zone C is a 50-foot- wide minimum thinning zone (with plants thinned to 50 percent of existing density) that will be maintained by the master community association. Natural vegetation is thinned to reduce the fuel load, and all dead and dying vegetation, debris and trimmings shall be removed from the site. Zone D is a 50-foot-wide minimum thinning zone to 30 percent, immediately adjacent to native open space. The depth of fuel modification will meander depending upon topography. Conceptual Fuel Modification Plans for the project site have been approved by the County Fire Authority. Emergency access points to the PA99-0152 Taylor Woodrow Page 13 fa fuel modification edges have been identified and annual maintenance will be a responsibility of the Homeowners Association. (LCP I-3-M-4 through -10 [pages I-3.36 through I-3.40]) 20. Pursuant to Section 711.4 of the California Fish and Game Code, there is no evidence that this project will have any potential for adverse effects on wildlife resources. 21. The proposed project maintains the ability to promote an effective subregional Natural Communities Conservation Planning (NCCP) Program and will not have a significant unmitigated impact upon Coastal Sage Scrub habitat. 22. Residential uses approved as part of the LCP were found consistent with the requirement of Coastal Act Section 30250 in that development within the Newport Coast has been clustered near existing residential areas and existing employment centers. Clustering of residential units preserves open space, reduces grading impacts, and enhances the compatibility of private development with public open space. By clustering residential uses on the ridges away from sensitive habitat areas in the canyon bottoms, the LCP complies with Coastal Act Section 30240. Approval of this CDP carries out these policies. 23. In accordance with Section 30007.5 of the Coastal Act, the LCP Open Space Dedication Program protects certain specified coastal resources and offsets adverse environmental impacts in residential development and recreation areas which are otherwise not mitigated. Permanent protection and preservation of major canyon watersheds, visually significant ridgelines, stream courses, archeological and paleontological sites, riparian vegetation, coastal chaparral and wildlife habitat is provided by dedication to a public agency. Large-scale master planning and dedication programming for The Newport Coast enables the permanent protection of large, contiguous open space areas rather than the protection of smaller, discontinuous habitat areas that might result from a project -by -project site mitigation approach. A much greater degree of habitat and open space protection can be achieved by dedication programs that assemble large blocks of habitat area contiguous to Crystal Cove State Park than would be possible with project -by -project mitigation measures. The Newport Coast Dedication Program will result in approximately 7,234 acres devoted to open space and recreation use which includes 2,807 acres in Crystal Cove State Park, 2,666 acres in Wilderness Open Space, 1,161 acres in Special Use Open Space Dedications, and over 600 acres in the Golf Course and other non -dedicated recreation areas. PA99-0152 Taylor Woodrow. • Page 14 ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PLANNING COMMISSION RESOLUTION NO.98-07 PLANNING APPLICATION 980049 FOR NEWPORT COAST DEVELOPMENT AREAS 3A-2 AND 3B CDP LP NA NA BASIC This approval constitutes approval of the proposed project only to the extent that the project complies with the Orange County Zoning Code and any other applicable zoning regulations. Approval does not include any action or finding as to compliance of approval of the project regarding any other applicable ordinance, regulation or requirement. 2. LP NA NA BASIC This approval is valid for a period of 36 months from the date of final determination. If the use approved by this action is not established within such period of time, this approval shall be terminated and shall thereafter be null and void. 3. LP NA NA BASIC Except as otherwise provided herein, this permit is approved as a precise plan. After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Director of Planning for approval. If the Director of Planning determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plot plan, he may approve the changed plan without requiring a new public hearing. 4. LP NA NA BASIC Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Orange County Board of Supervisors. 5. LP NA NA BASIC Applicant shall defend at his/her sole expense any action brought against the County because of issuance of this permit or, in the alternative, the relinquishment of such permit. Applicant will reimburse the County for any court costs and attorney's fees which the County may be required by a court to pay as a result of such action. County may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 6. CP NA NA BASIC/OBLIGATIONS Pursuant to Government Code Section 66020, the applicant is informed that the 90-day period in which the applicant may protest the fees, dedications, reservations or other exactions imposed on this project through the conditions of approval has begun. PA99-0152 Taylor Woodrow • Page 15 7. LP LP NA SPECIAL All drainage and grading shall be consistent with the provisions of the Newport Coast Planned Community/Local Coastal Program — Second Amendment and the Master Coastal Development Permit. 8. EP EP U NCCP BOUNDARY Prior to the issuance of certificates of use and occupancy, the subdivider shall provide precise digital linework adjusting the Center Coastal Sub -regional NCCP/HCP Reserve boundary to ensure no net loss of the adopted reserve acreage total in a manner meeting he approval of the Administrator/Planning and Zoning. BUYER NOTIFICATION 9. SG SG B GROWTH MANAGEMENT Building permit issuance shall be phased in accordance with any Board of Supervisors -approved growth management phasing plan pertaining to the timely provision of public services and facilities. A valid Board of Supervisors -approved development agreement pertaining to the property which includes a development phasing plan shall satisfy the requirements of this condition. This condition shall be noted on the final map. 10. AP APB BUYER NOTIF MAP Prior to the issuance of any building permits for residential construction, the developer shall comply with Board of Supervisors Resolution 82-1368 (Buyer Notification Program) which requires the developer to prepare a map denoting the existing and proposed land uses, arterial highways, and public facilities within the surrounding area for the approval of the Director of Planning. The map content, display, and distribution shall be in accordance with the Buyer Notification Program guidelines approved by the Board of Supervisors and available at the Development Processing Center. 11. EP EP B HOMEOWNERNOTIF First time homebuyers shall be clearly advised in writing with a statement by the developer, or agents or assigns, of the implications of living adjacent to natural open space areas, prior to any sales transaction. This statement shall be approved by the Manager, Environmental and Project Planning Services prior to the issuance of building permits. It shall include items such as: a warning about the dangers and nuisances posed by wildlife that may forage in the development edge; the responsibilities and benefits that are associated with living near such an area; and fire related management and the potential need to conduct controlled burns. This statement shall be written to foster an appreciation of wildlife and to identify measures that shall be taken to minimize conflicts between wildlife, domestic animals, and humans, such as restricting free roaming domestic cats. Restrictions and minimization measures shall also be included in the Covenant, Codes and Restrictions on the properties. SPECIAL TAX NOTIFICATION 12. TE BI U SPEC TAX NOTIF Prior to the issuance of any certificates of use and occupancy, the developer shall provide evidence to the Manager, Building Inspection, that the Department of Real Estate has been notified that the PA99-0152 Taylor Woodrow • • Page 16 project area is within the boundaries of a Community Facilities District (CFD), and will be subject to special taxes for public facilities and/or services. 13. DS DS R ASSESSMENT DISTRICT FINANCING Prior to the recordation of a final tract/parcel map, the subdivider shall prepare any required improvement plans and shall identify on the plans the limits of all the facilities which the subdivider intends to fund through a Mello -Roos Community Facilities District (CFD) or Assessment District (AD) bond program. In addition, the improvement plans shall identify the specific CFD or AD under which the improvements will be funded, in a manner meeting the approval of the Manager, Subdivision and Grading. DRAINAGE 14. SD SD RG DRAINAGE STUDY Prior to the recordation of the final tract map or prior to the issuance of any grading permits, whichever comes first, the following drainage studies shall be submitted to and approved by the Manager, Subdivision and Grading: A. A drainage study of the subdivision including diversions, off -site areas that drain onto and/or through the subdivision, and justification of any diversions; and B. When applicable, a drainage study evidencing that proposed drainage patterns will not overload existing storm drains; and C. Detailed drainage studies indicating how the tract map grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood. D. Prior to issuance of building permits, the developer/applicant shall demonstrate that storm drains, as illustrated in the refined MDRMP, Exhibit V, have been installed to convey runoff to well defined channels. The design of pipes and supporting geotechnical information for proper release point design has been addressed in the required refined MDRMP in compliance with LCP policies I-3-K-5, I-3-K-1, I-3-K-4, I-3-K-6, I-4-13-5, I-4- F-7. E. Prior to issuance of building permits, the developer/ applicant shall demonstrate that piping has been constructed to convey water exiting the detention basins to energy dissipaters and riprap lining (rock) located at the outlets of the piping. These structures shall be constructed in order to reduce the velocity of flow and prevent excessive downstream erosion. 15. SD SD R DRAINAGE IMPROV Prior to the recordation of a final tract map or prior to the issuance of any grading permits, whichever comes first, the applicant shall in a manner meeting the approval of the Manager, Subdivision and Grading: PA99-0152 Taylor Woodrow • Page 17 A. Design provisions for surface drainage; and B. Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and C. Dedicate the associated easements to the County of Orange, if determined necessary 16. SD SD RU DRAINAGE IMPROVE Prior to the recordation of a final tract map, or prior to the issuance of any certificates of use and occupancy, whichever occurs first, said improvements shall be constructed in a manner meeting the approval of the Manager, Construction Division. 17. SG SG G NPDES PERMIT Prior to the issuance of any grading permits, the applicant shall submit evidence to the Manager, Subdivision and Grading, that the applicant has obtained coverage under the NPDES statewide General Stormwater Permit form the State Water Resources Control Board. 18. SD SD RG DRAINAGE OFFSIT Prior to the recordation of a final tract map or prior to the issuance of any grading permit, whichever comes first, and if determined necessary by the Manager, Subdivision and Grading, a letter of consent, in a form approved by the Manager, Subdivision and Grading, suitable for recording, shall be obtained from the upstream and/or downstream property owners permitting drainage diversions and/or unnatural concentrations. 19. SD SD R MPD PARTICIPTN Prior to the recordation of a final tract map, the subdivider shall participate in the applicable Master Plan of Drainage in a manner meeting the approval of the Manager, Subdivision, and Grading, including payment of fees and the construction of the necessary facilities. 20. SD SD R EASMT SUBORD Prior to the recordation of a final tract map, the subdivider shall not grant any easements (except utilities) over any property subject to a requirement of dedication or irrevocable offer to the County of Orange or the Orange County Flood Control District, unless such easements are expressly made subordinate to the easements to be offered for dedication to the County. Prior to the granting any of said easement, the subdivider shall furnish a copy of the proposed easement to the Manager, Subdivision and Grading, for review and approval. 21. SG SG RG CROSS -LOT DRAINAGE Prior to the recordation of a subdivision map or prior to the issuance of any grading permit, whichever comes first, and if determined necessary by the Manager, Subdivision and Grading, a letter of consent, in a form approved by the Manager, Subdivision and Grading, suitable for recording, shall be obtained from the affected property owners for off -site grading and/or drainage. The owner/applicant shall record said letters of consent for off -site drainage and/or cross -lot drainage prior to recordation of the subdivision map or prior to the issuance of any grading permit, whichever comes first. Acceptance of cross -lot drainage on lots within the tract/parcel map boundaries shall be noted on the recorded map. PA99-0152 Taylor Woodrow • Page 18 ENVIRONMENTAL HEALTH 22. EH EH R SEWER LINES Prior to the recordation of the final tract map, sewer lines, connections andstructures shall be of the type installed in the location as specified in the "Guidelines Requiring Separation Between Water Mains and Sanitary Sewers, Orange County Health Department 1980," in a manner meeting the approval of the Manager, Environmental Health. 23. EH EH G VECTOR CONTROL Prior to the issuance of the first grading permit, the Manager, Environmental Health, shall be requested to initiate the survey process of the tract site to determine if vector control measures are necessary. If warranted, such measures shall be conducted by the developer is a manner meeting the approval of the Manager, Environmental Health. 24. SG SG B ARCHITECTURAL COATINGS Prior to issuance of building permits, during plan check, the Construction Manager shall utilize as much as possible precoated/natural colored building materials, water -based or low-VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coatings application such as paint brush, hand roller, trowel, spatula, dauber, rag or sponge. This measure will be included in the construction plans and will be verified by the Manager, Building Permits ENVIRONMENTAL PLANNING 25. EP EP NA NOTICE OF DETERMINATION Pursuant to Section 711.4 of the Fish and Game Code, the applicant shall comply with the requirements of AB 3158, prior to the filing of the Notice of Determination for the project, in a manner meeting the approval of the Manager, Environmental and Project Planning. ENVIRONMENTAL RESOURCES 26. SG SG B WATER CONSERVATION Prior to issuance of building permits, the project design will incorporate low -flow plumbing fixtures and reclaimed water for landscaping to minimize consumption of domestic water. The water conservation features will be verified by the Manager, Subdivision and Grading Services. 27. SG SG B ENERGY EFFICIENT APPLIANCES Prior to approval of building permits, pursuant to Title 24, California Code of Regulations (CCRs), the project design will incorporate the use of energy efficient appliances wherever feasible to minimize the ongoing use of electrical and natural gas resources. The project design will be verified by the Manager, Subdivision and Grading Services. 28. ER SG GB POLLUTANT RUNOFF PA99-0152 Taylor Woodrow • Page 19 Prior to the issuance of precise grading or building permits, whichever comes first, the applicant shall submit and obtain approval from Manager, Subdivision and Grading, of a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on -site to control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine, structural and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP)Appendix which details implementation of BMPs whenever they are applicable to a project, the assignment long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(s) of structural BMPs. FIRE 29. F F R WATER IMP. PLANS Prior to the recordation of the final tract map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated and approved by the Fire Chief. 30. F F B COST PAS PLAN Prior to the issuance of any building permits, a construction phasing plan shall be submitted to approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units served. 31. F F R SPECIAL FIRE PROTECTION AREA NOTIF Prior to the recordation of any final tract map, the subdivider shall place a note on the map meeting the approval of the Fire Chief that the property is in a Special Fire Protection Area and must meet all requirements for development within the area or file for an exclusion with the Fire Chief. 32. F F B SPECIAL FIRE PROTECTION AREA DEVELOPMENT Prior to the issuance of any building permits, the applicant shall meet all requirements for development and construction within a Special Fire Protection Area, including street widths, Class A roof assemblies, fire sprinklers, etc. PA99-0152 Taylor Woodrow • Page 20 11 33. F F SR FIRE ACCESS Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the County. The CC&Rs shall contain provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes in within said easement. The gradient for Fire Department access roads shall not exceed 10 percent. This may be increased to a maximum of 15 percent when all structures served by the access road are protected by automatic fire sprinkler systems. 34. F F RB FIRE HYDRANTS Prior to the recordation of subdivision map or the issuance of any building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on -site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. 35. F F BU AUTO FIRE EXT Prior to the issuance of any building permits, if determined applicable by the Fire Chief that automatic fire extinguishing is needed for fire protection, all underground piping for automatic fire extinguishing systems shall be approved by the Fire Chief. Plans for automatic fire extinguishing systems shall be approved by the Fire Chief prior to installation. Notification of the Fire Chief s approval shall be forwarded to the Manager, Building Inspection Division, prior to the issuance of any certificates of use and occupancy. Further, such systems shall be operational prior to the issuance of a certificate of use and occupancy. 36. F F NA FIRE ALARM Prior to installation, plans for the fire alarm system shall be submitted to and approved by the Fire Chief. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. 37. F F G ACCESS GATES Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief s approval for the construction of any gate across required Fire Authority access roads/drives. Contract the Orange County Fire Authority at (714) 744-0403 for a copy of the "Guidelines for the Fire Authority Emergency Access". 38. F F B FIRE SPRINKLER SYSTEM Prior to the issuance of any building permits for all structures greater than 6,000 square feet or structures identified by the Fire Chief, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy. PA99-0152 Taylor Woodrow • Page 21 C� 39. F F G STREET PLANS Prior to the issuance of grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager, Subdivision and Grading. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when other conditions require it the minimum width of required fire apparatus access roads shall not be less than 28 feet. 40. F F G STREET MARKINGS a. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. F F U STREET MARKINGS b. Prior to the issuance of the certificate of use and occupancy, the approved fire lane marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. 41. F F B COMBUSTIBLE CONSTRUCTION LETTER Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief s approval of a letter and plan stating that water for fire fighting purposes and an all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site. 42. F F B WATER AVAILABILITY Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system. shall be installed in each structure, in a manner meeting the approval of the Fire Chief. F F U FIRE HYDRNT MKRS Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. 43. F F U FIRE LANES Prior to the issuance of any certificates of use and occupancy, any private street(s) having a curb -to - curb width of less than 36 shall be posted "No Parking —Fire Lane" as per 1988 Uniform Fire Code Section 10.207, in a manner meeting the approval of the Fire Chief. PA99-0152 Taylor Woodrow • Page 22 C� J 44. F F R TRAFFIC SIGNAL Prior to the recordation of the applicable subdivision map as determined by the Fire Chief, in consultation with.the Manager, Traffic Engineering, the subdivider shall enter into an agreement with the County/City for the installation of traffic signal pre-emption equipment. The Fire Chief shall determine whether the traffic signal pre-emption is to be installed per the agreement or the financial security released. Language to this effect shall be included in the agreement. 45. F F GBU FUEL MODIFICATION Prior to the issuance of a preliminary grading permit, the applicant shall obtain approval of the Fire Chief, in consultation with the Managers, Environmental and Project Planning Services, Current Planning Services and Subdivision and Grading Services of a conceptual fuel modification plan and program. a. Prior to the issuance of any precise grading permit, the applicant shall obtain the approval of the Fire Chief, in consultation with the Managers, Environmental and Project Planning Services, Current Planning Services, and Subdivision and Grading Services of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. b. Prior to the issuance of a building permit, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area. Approval shall be subject to on -site inspection. C. Prior to the issuance of any certificates of use and occupancy, the fuel modification shall be installed and completed under the supervision of the Fire Chief. Further, the installed fuel modification plant palette shall be established to a degree meeting the approval of the Fire Chief The CC&Rs, or other approved documents, shall contain provisions for maintaining the fuel modification zones including the removal of all dead and dying vegetation subject to triennial inspections. GRADING 46. DS DS G GEOLOGY RPT Prior to the issuance of a grading permit, the applicant shall submit a geotechnical report to the Manager, Subdivision and Grading, for approval. The report shall include the information and be in a form as required by the Grading Manual. 47. DS DS G GRADING DEVIATION Prior to issuance of any grading permits, if review of the grading plan for this property by the Manager, Subdivision and Grading, indicates significant deviation from the proposed grading illustrated on the approved tentative tract map, specifically with regard to slope heights, slope ratios, and pad elevations and configuration, the plan shall be reviewed by the Subdivision Committee for a finding of substantial conformance. Failure to achieve such a finding will require processing a revised tentative tract map; or, if a final tract map has been recorded, a new tentative tract map or a Site Development Permit application per Orange County Zoning Code Section 7-9-139 and 7-9-150. 48. SG SG G GRADING RESTRICTION PA99-0152 Taylor Woodrow • Page 23 Notwithstanding any grading/elevations that are shown on the tentative map, or the provisions of Orange County Zoning Code Section 7-9-139 (Grading and Excavation), approval of this Coastal Development Permit/ tentative map does not authorize the issuance of any grading permits. 49. DS DS G GRADING Prior to the recordation of the first final tract map or issuance of the first grading permit for projects located immediately adjacent to or including portions of regional parks, significant open space corridors, or other environmentally sensitive areas, the project proponent shall provide evidence acceptable to the Manager, Subdivision and Grading, in consultation with the Manager, Public Facilities and Resources Department / Harbors, Beaches and Parks — Program Management, that graded areas will be compatible with natural land characteristics of the adjacent areas. 50. DS DS G CONST NOISE' A. Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable to the Manager, Subdivision and Grading, that; 1. All construction vehicles or equipment, fixed or mobile, operated within 1,000 of a dwelling shall be equipped with properly operating and maintained mufflers. 2. All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control). 3. Stockpiling and/or vehicle staging areas shall be located as far as practicable from dwellings. B. Notations in the above format, appropriately numbered and included with other notations on the front sheet of grading plans, will be considered as adequate evidence of compliance with this condition. 51. CP EP G COASTAL SAGE SCRUB a. As required by participation in the Natural Community Conservation Planning/Coastal Sage Scrub (NCCP) agreement signed by the County on May 1, 1992, prior -to the issuance of any grading permit, the project applicant shall provide an accounting summary in acres, or portions thereof, of coastal sage scrub scheduled to be impacted by removal through grading meeting the approval of the Manager, Current Planning. b. Notwithstanding the tentative map, no grading will occur within the Natural Community Conservation Plan (NCCP) enrolled area except as in a manner meeting the approval of the Manager, Current Planning. 52. EP DS R LNDSCP Prior to the recordation of each applicable final tract/parcel map, open space PA 12B shall be reserved for granting in fee to a homeowner's association who shall be responsible for maintenance and upkeep. 53. IIP SD R PUB INT LNSCP Prior to the recordation of the final tract map, a landscape plan shall be required for all slopes created in conjunction with construction of roadways and shall be landscaped and equipped for irrigation and improved in accordance with the following: PA99-0152 Taylor Woodrow • Page 24 HP SD R PRELM LNSCP PLN a. Preliminary Plan — Prior to the recordation of an applicable final tract map, an agreement shall be entered into and financial security posted guaranteeing landscape improvements and the maintenance thereof based on a preliminary landscape plan showing major plant material and uses, with a cost estimate of the landscape improvements. The preliminary plan and cost estimates shall be reviewed and approved by the Manager, Subdivision and Grading, in consultation with the Manager, Public Facilities and Resources Department / Harbors, Beaches and Parks — Program Management. Said plan shall take into account the previously approved landscape plan for Newport Coast Planned Community, the Standard Plans for landscape areas, adopted plant palette guides, applicable scenic and specific plan requirements, Water Conservation Measures contained in Board Resolution 90-487 (Water Conservation Measures), and Board Resolution 90-1341 (Water Conservation Implementation Plan). HP SD B DTAL LNSCP PLN b. Detailed Plan — Prior to the issuance of any building pernrits(s), a detailed landscape plan shall be submitted to and approved by the Manager, Subdivision and Grading, in consultation with the Manager, Public Facilities and Resources Department / Harbors, Beaches and Parks — Program Management. Detailed plans shall show the detailed irrigation and landscaping design. HP CBI U LNDSCP INSTALL C. Installation Certification — Prior to the issuance of final certificates of use and occupancy and the release of the financial security guaranteeing the landscape improvements, said improvements shall be installed and shall be certified by a licensed landscape architect or licensed landscape contractor, as required, as having been installed in accordance with the approved detailed plans. Said certification, including an irrigation management report for each landscape irrigation system, and any other required implementation report determined applicable, shall be furnished in writing to the Manager, Building Inspection, prior to the issuance of any certificates of use and occupancy. NOISE COMPATIBILITY 54. All residential lots and dwellings shall be 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 prepared by a County -certified acoustical consultant, that these standards will be satisfied in a manner consistent with applicable zoning regulations, shall be submitted as follows: PA99-0152 Taylor Woodrow. Page 25 u DS DS RG ACOUSTICAL RPT a. Prior to the recordation of a final tract map or prior to the issuance of grading permits, as determined by the Manager, Subdivision and Grading, for approval. The report shall describe in detail the exterior noise environmental 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. DS DS B ACOUSTICAL RPT b. Prior to the issuance of any building permits for residential construction, an acoustical analysis report describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards shall be submitted to the Manager, Subdivision and Grading, for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report have been incorporated into the design of the project. DS DS B ACOUST BARRIERS C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the project's plot plan illustrating height, location and construction in a manner meeting the approval of the Manager, Subdivision and Grading. 55. CP CCU AIRCRAFT OVERFLT If prior to issuance of certificates of use and occupancy the County of Orange modifies the 65 dB CNEL noise contour for aircraft overflight to include the project site, then the owner shall prepare and record notice that this property is subject to overflight, sight, and sound of aircraft (civilian or military) operating from El Toro Marine Corps Air Station in a manner meeting the approval of the Manager, Building Permits in consultation with County Counsel. TRAFFIC 56. TE TE G SIGHT DISTANCE Prior to issuance of a grading permit, adequate sight distance shall be provided at all intersections per Orange County Standard Plan 1107 in a manner meeting the approval of the Manager, Subdivision and Grading; this include any necessary revision to plan to remove slopes or other encroachment from the Limited Use Area. 57. TP SD R PVT ST NOTIF Prior to the recordation of a final tract map, a note shall be placed on the map that states: "The private streets constructed within this map shall be owned, operated and maintained by the developer, successors or assigns. The County of Orange shall have no responsibility therefore unless pursuant to appropriate sections of the Streets and Highways Code of the State of California, the said private streets have been accepted into the County Road System by appropriate resolution of the Orange County Board of Supervisors." 58. TE TE G MANEUVERING AREA PA99-0152 Taylor Woodrow • Page 26 • Prior to issuance of a grading permit, adequate maneuvering area shall be provided to all garages per Orange County Standard Plan 1209 and Orange County Zoning Code 7-9-145.3 in a manner meeting the approval of the Manager, Subdivision and Grading. 59. LP LP R BLDG SITE ACCESS Prior to the recordation of each subdivision map (except maps for financing and conveyance only), the subdivider shall submit to the Manager, Land Use Planning, for review and approval, a procedure or method that will ensure that each proposed building site will have a guaranteed right of vehicular and pedestrian ingress and egress access from each building site to a publicly maintained street. The approved procedure or method shall be lettered/shown on the subdivision map. 60. LP LP B DEV SITE ACCESS Prior to the issuance of any building permits, the applicant shall produce evidence acceptable to the Manager, Land Use Planning, that legal, practical access exists from the development site to a publicly maintained street (County Standard Condition T3). 61. SG SG B SPECIAL Prior to the recordation of a subdivision map (except for financing and conveyance purposes) or the issuance of any building permit, the subdivider shall provide plans meeting the approval of the Manager, Subdivision and Grading Services, for the design of the internal pedestrian circulation system within the development. PA99-0152 Taylor Woodrow Page 27 62. SGSGR UNDRGND UTILT Prior to the recordation of a final tract map, the subdivider shall install all underground traffic signal conduits (e.g., signals, phones, power, loop detectors, etc.) and other appurtenances (e.g., pull boxes, etc.) needed for future traffic signal construction at the intersections listed above, and as needed for future interconnection with adjacent intersections, all in accordance with plans and specifications meeting the approval of the Manager, Subdivision and Grading. 63. LP LP NA SPECIAL Construction of pedestrian and bicycle paths connecting areas of interest, in accordance with County management policies and golf course/resort management needs (LCP Transportation/Circulation Policy 20e), shall be verified by the Manager, Current Planning Services, during plan check of subsequent "B" level tract maps for project development. 64. HP HP NA PARK PLAN Prior to approval of any subdivision map for development purposes, a Local Park Implementation Plan (LPIP) update and amendment shall be processed subject to the approval of the Manager, PFRD/HBP Project Management and Coordination, and the Orange County Subdivision Committee. 65. SGSGR ASSES9DIST Prior to the recordation of a final tract map, the subdivider shall prepare any required improvement plans and shall identify on the plans the limits of all the facilities which the subdivider intends to fund through a Mello -Roos Community Facilities District (CFD) or Assessment District (AD) bond program. In addition, the improvement plans shall identify the specific CFD or AD under which the improvements will be funded, in a manner meeting the approval of the Manager, Subdivision and Grading. 66. SGSGR ASSESS DIST FRM Prior to the recordation of a final tract map within the boundaries of an assessment district, the subdivider shall fill out, sign and submit the required application form for the division of land and assessment, and pay the required fee, in a manner meeting the approval of the Manager, Subdivision and Grading. Note: The new condition of approval (AIRCRAFT OVERFLT) added by the Planning Commission appears as number 56 and the remaining conditions have been renumbered. I I NEWPORT COAST ' DEVELOPMENT AREAS 3A-2a, 3A-2b, and 3A-2c Site Development Permit PA 990152 Submitted by: TAYLOR WOODROW HOMES 24461 Ridge Route Drive, Suite 100 Laguna Hills, CA 92653 Contact: Andrew Jarvis (949) 581-2626 Prepared by: FORMA 17500 Red Hill Avenue, Suite 100 Irvine, CA 92614 Contacts: Craig Hoffman/Lora Tonjes (949) 660-1900 August1999 I TABLE OF CONTENTS Section Title Page I. INTRODUCTION A. Purpose...........................................................................................................................1 B. Background.................................................................................................................... ] C. Existing Conditions........................................................................................................5 II. CURRENT PLAN DESCRIPTION A. Site Development Plan...................................................................................................6 B. Temporary Sales Center/Model Complex......................................................................6 C. Architecture.................................................................................................................. ] 0 III. CONSISTENCY ANALYSIS...................................... I.........................................................16 IV. APPENDIX..............................................................................................................................18 i FORMA Aq. IM Exhibit Number Title LIST OF EXHIBITS & TABLES On Page 1.1 Regional Location Map...............................................................................................................2 1.2 Project Location Map..................................................................................................................3 2.1 Development Plan.........................................................................................................(MP)") 8 2.2 Model Complex Detail............................................................................................................. 9 2.3 Architectural Elevations...........................................................................................................11 2.4 Plan 1 - Architectural Floor Plan...............................................................................................12 2.5 Plan 2 - Architectural Floor Plan..............................................................................................13 2.6 Plan 3 - Architectural Floor Plan..............................................................................................14 2.7 Detached Pool Cabana/Garage/Guest House............................................................................15 Table Number Title On Page 2.1 Detached Pool Cabana/Garage or Guest House Locations.............................................7 3.1 Detached Pool Cabana/Garage or Guest House Lot Sizes.............................................17 (1) Map Packet jj FORMA MI. I W NEWPORT COAST Development Areas 3A-2a -2b and -2e Coastal Development Permit Page t I. INTRODUCTION A. Purpose A Site Development Permit (SDP) is requested for Development Areas 3A-2a, -2b and - 2c, located within Newport Coast Residential Planning Area 3A-2, as shown on Exhibit 1.1, Regional Location Map and Exhibit 1.2, Project Location Map. These Development Areas were previously designed and approved for 33 merchant build homes with three product types ranging in size from 4,900 to 5,300 square feet. The current proposal is intended to modify the Site Development Permit (PA 990042), administratively approved on June 28, 1999 to allow for the following modifications for Development Areas 3A-2a, -2b and -2c: • Permit construction of 11 detached residential pool cabana/garage or guest houses; • Allow for design modifications to the architectural products; and • Allow for modifications to the sales/model home complex. B. Background Approval of a Coastal Development Permit for Development Area 3A-1 (PA 970046) on August 5, 1997 established the alignment of Crystal Cove Drive and a community collector roadway ("A" Street) that provides access to DA 3A-2a, -2b and -2c from Pacific Coast Highway. Master Coastal Development Permit - Sixth Amendment (PA 970133) was approved by the Planning Commission on May 5, 1998 (Resolution No. 98-05) and consists of Planning Areas 3A-2, 313, 12B and 14. The Master Coastal Development Permit - Sixth Amendment included mass grading for large -lot development pads and construction of backbone infrastructure and neighborhood community collector roads in anticipation of future development. FORMA A.,,O ) HUNTINGTON HARBOUR A \V' QaQ &KI4NJa5POb CHICA aNJb40bCd40b/���pNw?o�eoa� �3CL1Ca COo �SPo SANTA ANA RIVER ESTUARY SANTA ANA HEIGH' NEWPORT 81EACH EMERALD 44rw TAYLOR WOODROW LAGUNA BE&CH SOUTH LAGUNA LAGUNA NEWPORT RIDGE PLANNED COMMUNITY NEWPORT COAST PLANNED COMMUNITY LACWtJA HILLS Pcomi' CAPISTRANO LAKE FOREST Exhibit 1.1 REGIONAL LOCATION MAP Development Areas 3A-2a,-2b and -2c CDP NOT TO SCALE A� Vvz % Aucusr 1999 2B-2 i 12A \ 1 LOS TRANCOS \, \ CANYON 1 12E �•. 2B-ib \, \ MUDDY CANYON \, 213-1 a LOSTRANCOS PARKSCANYON VIEW � 1 1 C-2 '� 4A =� \ i 12C J CRYSTAL COVE i 10A \ 1 ` 4B / STATE PARK 13C-2 13F -/ 13B i o 112E ! NEwP F, i_`-"SSA-2a�:: �,_,_�---L �_.�, %•T, I 1-2/PELICAN HILL 3A- GOLF 3B.1a 1 7__�; -; 3B-1b 3A 1 3B 2c _ PACIFIC COAST HIGHWAY 3B-1c 17=_-== - -� 14 CRYSTAL COVE STATE PARK 3B-1d DEVELOPMENT AREAS 3A-2a, -2b & -2c P A C l F / C O C E A N Exhibit 1.2 PROJECT LOCATION MAP Development Areas 3A-2a; 2b and -2c CDP TAYLOR WOODROW M CVST 1999 9.m./Coast/cna.04/nne..4-9po-2.eo/0e99.w1un/9.a)oc d.9 ' NEWPORT COAST Development Areas 3A-2a -2b and -2c Coastal Development Permit Page 4 ' A subsequent Coastal Development Permit (CDP) for Planning Area 3A-2 (PA 980049), was approved by the Orange County Planning Commission on July 7, 1998 (Resolution ' No. 98-07). PA 980049 included minor boundary modifications to coincide with detailed lotting studies for the custom lots. Development Areas 3A-2a, -2b, and -2c included lots ranging from 11,000 to 22,000 square feet in size and 70 to 110 feet in 3A-2c width. DA 3A-2b included a temporary detention basin, and DA provided portions of a canyon view park. In its approval, the Planning Commission determined that the development proposal in ' Planning Area 3A-2 was consistent with the certified Newport Coast LCP, Master Coastal Development Permit - Sixth Amendment and EIR No. 568, which was prepared for the future development projects in PA 3A-2 and 3B. Subsequent to the Planning Commission approval, the Orange County Subdivision No. 15586 for Planning Areas 3A-2, Committee approved Vesting Tentative Tract Map 313, 12B and 14 on August 12, 1998. In February of this year, a Site Development Permit (PA 990042) was processed ' administratively to allow for the following modifications to the approved Coastal Development Permit: ' • Replacement of a 33-lot custom lot program with 33 merchant -built home sites and construction of three architectural products and associated structures ranging from ' approximately 4,900 to 5,300 square feet; • Minor adjustments to the residential lot lines to accommodate architectural products; ' • Construction of a model complex and associated parking area on western 'B" Street in Development Area 3A-2a, and an interim sales trailer and temporary parking lot ' on eastern'B" Street in Development Area 3A-2c; ' • Minor realignments and revised grades (up to 10 feet) for six (6) lots on "I" Street in Development Area 3A-2b; • Incorporation of one additional 4-foot high retaining wall on "H" Street, one additional 4.5-foot high retaining wall on `B" Street to accommodate architectural ' footprints, and elimination of a previously approved Loffelstein wall at the end of "H" Street; and FORMA upon 1M ' NEWPORT COAST Development Areas 3A 2a 2b and 2c Coastal Development Permit Page 5 • Concurrent processing of a substantial conformance finding for Vesting Tentative Tract.No. 15586. ' The Site Development Permit was approved on June 28,1999, subject to the Findings and Conditions of Approval contained in Planning Commission Resolution No. 98-07 ' for PA 980049. Additionally, three conditions of approval were added to the project, related to providing notification to prospective home purchasers that homes are designed ' with two car garages, requiring the developer-builder/owner to submit a Tract Phasing Plan for approval, and conditions specific to the design/operation of the sales/model ' home complex. C. Existing Conditions ' The site has been completely modified by grading operations approved in accordance with Tentative Tract Map No. 15586. ' Elevations of the site range from approximately 150 feet above sea level at the ' southeastern boundary of DA 3A-2b, to 300 feet above sea level at the northeastern boundary of DA 3A-2a. J F FORMA n'e .I'M ' NEWPORT COAST Development Areas 3A-2a, -2b and -2c Coastal Development Permit Page 6 II. CURRENT PLAN DESCRIPTION A. Site Development Plan As shown on Exhibit 2.1, Development Plan, the approved plan for construction of 33 ' merchant built single-family detached units in Development Areas 3A-2a, -2b and -2c has been revised to include refinements to the architectural products and to include up to I 1 detached pool cabana/garage or guest houses on the same building site as the primary ' residence. ' The modifications proposed for this portion of Planning Area 3A-2 maintain the gross acreage of 58.3 acres for the entire planning area, along with a total of 80 residential ' dwelling units for an overall density of 1.4 units per acre as approved by PA 980049. ' As indicated on Table 2.1 and the Development Plan(Exhibit 2.1), the optional pool cabana/garage or guest houses have been located on larger lots containing all three ' product types. In each instance, the minimum LCP — Second Amendment lot size and setback requirements for detached accessory buildings has been maintained. ' B. Temporary Sales Center/Model Complex The refined sales/model home complex is situated on a cul-de-sac taking access from Scenic Bluff Drive in Development Area 3A-2a. The refined design of the model ' complex, is shown on Exhibit 2.4 and includes three residential units (one unit includes the optional detached guest house), a temporary asphalt parking area with 12 parking spaces, including one handicap accessible space and a landscaped courtyard area. A sales office will be located in the garage of the unit adjacent to the parking lot. t A chain -link construction fence may span the street to screen the models from adjacent construction. The model complex includes a 42-inch high tubular steel trap fence ' between the sidewalk and the street, as well as flags, temporary signs, and walkways. ' FORMA n ew Im ' NEWPORT COAST Development Areas 3A-2a -2b and -2c Coastal Development Permit Page 7 Table 2.1 ' Newport Coast - Development Areas 3A-2a, -b and -c Detached Pool Cabana/Garage or Guest House Locations u Lot No. PlanTypej Minimum Setbacks from Property Lines 12 1 14.5-foot setback from front property line (23-feet from the back of sidewalk if option for a side -entry garage is constructed) 17 2R 20-foot setback from front property line 19 2R 20-foot setback from front property line 20 1 20-foot setback from front property line 25 2 20-foot setback from rear property line 27 3 20-foot setback from front property line 29 3 20-foot setback from rear property line 33 3R 20-foot setback from rear property line 34 3R 20.8-foot setback from rear property line 36 2 20-foot setback from rear property line 39 2R 20.2-foot setback from rear property line ' Note: Lot references II II II U II 10� \1 B� C Tempon > \ and .Approved Di ,q 1�- LEGEND \ =► Planning Area Boundary e` DevelopmentArea Boundary IR { Footprint and Unit Type PA 4B _Resideni DA 3B-1 e DA 36-1 a DA 3B-1 b Exhibit 2.1 DEVELOPMENT PLAN Development Areas 3A-2a,-2b and -2c CDP � 0 tOD 200 ��fas rM../cease/q,w.c�.ne.:�y�c—:aee/oessmgm/�i.ia.s Production Driveway, Porch and Access at Each Lot Yew Fence ` V-6° Wrought Iron Fence Landscape Improvements For Model Complex, Temporary source. Burton & 0.swciates Sideyard Concrete Block Wall sal) ol'go, cn with Wood Sideyard Gate TAYLOH WOODHOW Temporary Metal Trap Fence 42' Height Temporary Parking Lot Sign Rx39 Temporary Model Complex SCEiV/Ceur' Identification Sign (S x 10� Temporary Model Identification Sign (Z x 45 Temporary Model Sales Office Location Temporary Concrete Paving American Flag Location Temporary Project Flags (1& High Pole; 10 Total) R Exhibit 2.2 MODEL COMPLEX DETAIL Development Areas 3A-2a,-2b and�-�22cc''C�'D{���\P) o'� 1VGUSf 1999 vuine/ceoaL onuaN/pl�ofei y-$mac/V8-99<9olSr a-9 H ' NEWPORT COAST Development Areas 3A-2a, -2b and -2c Coastal Development Permit Page 10 ' C. Architecture The proposed architecture provides both one- and two-story homes in three floor plans ' that range in size from approximately 4,900 square feet to 5,300 square feet. Plan 1 is a Plan 2 has 5- 5-bedroom plan with two -car garage and tandem garage storage area. up to bedrooms with a two -car garage and tandem garage storage area. Plan 3 includes up to 6 ' bedrooms with a two -car garage and tandem garage storage area. ' Building heights for the main dwelling range from 24 to 26 feet. The proposed architecture is influenced by Santa Barbara Spanish inspired designs which reflect the ' Mediterranean style of architecture approved for The Newport Coast, as indicated by Architectural Elevations and Architectural Floor Plans, Exhibits 2.2 through 2.6. As shown on Exhibit 2.7, Detached Pool Cabana/Garage/Guest House Options, three variations to the design of the detached structure are provided. Within the same ' footprint of approximately 780 square feet, future homeowners can select a pool cabana, with a bathroom and bar, a two -car garage with work alcove or a guest house option, ' with bedroom, a living area, bathroom and a walk in closet. In all instances, the maximum building height will not exceed 15 feet. 1 ' FORMA n.,. mn FRONT ELEVATION Source: Robert MtleyTxc to Newport Beach. CA Ar" TAYLOR WOODROW FRONT ELEVATION FRONT ELEVATION I 6dilbit 2.3 PLANS 1-3 -ARCHITECTURAL ELEVATIONS I Development Areas 3A-2a.-2b and -2c CDP NOT TO SCALE w�na/caa../vna.w/vne..n—x/aa—x=ee/ao-ecaw�a%.�w�cn�.e.o source: BobertwoyA>rhneq Newport Beach CA Exhibit 2.4 PLAN 1 -ARCHITECTURAL FLOOR PLAN Development Areas 3A-2a,-2b and -2c CDP TAYLOH WOODHOW --� NOT TO SCALE auwst wee uinv/ceax/nnascc/vnceva—z/sa—zaec/oeeecxeiw/vrcnes�.e.e i Source• Robert ZdW;A �lOeoffi Navpart Beaoh, CA TAYLOR WOODROW Exhibit 2.5 PLAN 2 - ARCHITECTURAL FLOOR PLAN Development Areas 3A-2a,-2b and -2c CDP NOT TO SCALES wasr .00v" Ml <t f►.y�.r-Sfa III! � itL i x..uucm�i n r FIRST FLOOR PLAN Sauce: Hobert 1daYArcHiWcffi Navpat Beech, CA TAYLOR WOODROW Exhibit 2.6 PLAN 3 - ARCHITECTURAL FLOOR PLAN Development Areas 3A-2a,-2b and -2c CDP NOT ro-w sc_ �IURMk kMna/wva,/giaae�/p,�aTO SCa-2a0e/Oo-99mplm%lp�nr�c�a N r r- L E aJ (' I I s v m 1 n L OPTION 1 - POOL CABANA RIGHT ELEVATION 241_On 8,_3„ a ��I bl_bn IT-b.. 24'-O" OPTION 1 - POOL CABANA FLOOR PLAN ' Source• Robert HldeyMtliltee[e Newport Beech. CA TAYLOR WOODROW OPTION 2 - GARAGE RIGHT ELEVATION OPTION 2 - GARAGE FLOOR PLAN OPTION 3 -GUESTHOUSE RIGHT TYPICAL FRONT ELEVATION OPTION 3 -GUESTHOUSE FLOOR PLAN Exhibit 2.7 DETACHED POOL CABANA/GARAGE/GUEST HOUSE OPTIONS ARCHITECTURAL FLOOR PLANS AND ELEVATIONS Development Areas 3A 2a,-2b and -2c CDP O 70 140 O W ST 1999 IMne/cocal/o�wec/o�ax4-II/b-3aEc/Oe-98cF➢I'm/orCb Gw9 u ' NEWPORT COAST Development Areas 3A-2a -2b and -2c Coastal Development Permit Page 16 ' III. CONSISTENCY ANALYSIS This CDP for Development Areas 3A-2a, -2b and -2c has been prepared in accordance with the 1996-certified Local Coastal Program (LCP) — Second Amendment, Master Coastal ' Development Permit (Master CDP) — Sixth Amendment (PA 970133) as amended, previously -approved CDP (PA 980049) and Site Development Permit (PA 990042) which was administratively approved on June 28, 1999 for Development Area 3A-2. ' The total number of units proposed is consistent with the Medium -Density Residential land use designation in the LCP and the previously approved CDP (PA 980049) and SDP (PA 990042). The design of the pool cabana/garage/guest houses is consistent with the Accessory Permitted Uses for Medium -Density Residential development projects in that, garages, detached accessory structures such as cabanas and guest cottages or caretakers quarters, (limited to one unit per building site up to 1,500 square feet) are permitted. Table 3.1, Detached Pool Cabana/Garage or Guest House Lot Sizes. The design of the pool cabana/garage/guest houses is consistent with Orange County Zoning ' Code Section 7-9-146.5 in that, these units have been located so as not to encroach into any setback area required of the principal use. The design is also consistent with Zoning Code ' Section 7-9-137.1 for those lots where a detached garage option is constructed, in that the garage (side) entry is a minimum of 20-feet from the sidewalk. ' In all instances where the optional pool cabana/garage/guest house are constructed, a Deed Restriction will be recorded, stating that "The proposed use will be use exclusively for the 1 members of the family occupying the main dwelling and their non-paying guests and will not at any time be used as a separate dwelling unit." in conformance with County standards. ' The design of the pool cabana/garage/guest house is consistent with all of the LCP — Second Amendment Site Development Standards for Medium -Density Residential Planning Areas and the Definitions contained in LCP, Chapter 12. ' In terms of overall design, this proposed CDP is intended to be fully consistent with the previously -approved land use descriptions and Conditions of Approval and Findings for the ' previously -approved CDP (PA 980049), the administratively approved SDP (PA 990042) and the processing procedures outlined in Orange County Zoning Code Section 7-9-150.3. ' FORMA AVPuwIM MA I U n II II II Table 3.1 Newport Coast - Development Areas 3A-2a, -b and -c Detached Pool Cabana/Garage or Guest House Lot Sizes LOT NO. PLAN TYPE LOT SIZE DA 3A-2a 25 2 21,530 27 3 15,528 29 3 17,745 33 3R 15,502 DA 3A;2b 12 1 23,148 17 2R 17,878 19 2R 17,052 20 1 21,039 _. . ' DA3,A=2c. 34 3R 12,785 36 2 17,346 39 2R 16,447 Note: The Newport Coast Local Coastal Program Residential Planning Area Regulations, Accessory Permitted Uses, page II-4.15 provides i One guest cottage or caretaker unit per building site, limited to 1,500 square feet; on building sites of a minimum 10,000 square feet] . Lot sizes for lots with guest cottages in Development Areas 3A-2a, -b, and -2c are consistent with this requirement as demonstrated in the table below. The subject lots are all in excess of the 10,000 square foot minimum requirement. II H ' NEWPORT COAST Development Areas 3A-2a, -2b and -2c Coastal Development Permit Page 18 IV. APPENDIX ' ❑ Orange County Planning Application I I 1 F 1 n x ....,^:.,..... y.. ,-r >p ;�. , _ ..p - i• ;ter.; . ..> _ o ..IT 27 95 , J 265 26p 290 0 PA 4A R�bs idential /J (PA 9 139) 225 ITT 220 . l� `vim �� c _ _ A / \ fV a o \ !� / _ 1 �� / / / \ - 3 /r , _ u o v v A \ I � 5' � , I '� II I � ', v � 20 \ v A -� d'J - �\ �_� _ - , --- , - _ V \ � � r , / -7 i\ •--°v- � o � � 40.4' /' \- \ \ A / V v 7 Z w 21.4'��� ' 3 3 5 J _ � 2 , Canyon View N(per 98004 v, V I � \ s , i \ 314 41 �?.. do .. - -- vv .' '.'.'..'..'.'...... \I, .. CP . A 0 .. .. - - .q- --- - - -- \ I I �, A\ '2Q \\ � .,. '\ •, ', '�, ........ .......... .............. .......... ..�.'.'.' \ �_ __ \_ � % PA 10LV �, 20 \ \ h ?, - ..... 1 1 , 1 \ .......... .. ....... .... ........... .... - n �i 1 olf \oft ?' _ � _ ... �- -- - Cu r � �.. I �, N , I \ `I o C I 1 I i I\, 0' _ r OF I 'I , F - 'c5: - i I i I I 1 , I I � I i y b.'... .......... o.. L . 1, / \ l z ode Complex \ '� / 2 .......a ...... .... .. � i I is ..... .. � I \ _ 3 II O O , I � end ParkingLot \I I \C,c� ti O t (p6rPA 990042) _ , Q 8 \ rr^^ \\ \ 3p I I I h � y ..3` 3 �' ` 3 7 / I \ i •Z 1 I L \ I II / I _� r c \ "' C ✓-.� _______-_—�� i \ i v V v v A J \� - .. C`j .'.' 00 lu 2 r,Q \285 IT Cv ♦ - - - 1 - -- - i � y Temp §ahns, Center - -- - I ]� ` � _ y---------- __ � A�� �� � � 7-p \, A � j� i it a \ rkin L��- f v - y a _ (per Q ) - / I ��9 it 6 �S' - �' i - �� �\ L E END 61 1�,Q � �� - ---- - --- ��� o a -Detention Basin � G ♦ \ � 70 r 'PA--96 049 v I v • • Planning Area Boundary DA 3A-2d \ 3 _ 25.2' i 1; V� \ \ �,� • . Development Area Boundary 1 1,9 ' � / -- a" �v I _ I J I _ 1RS I I , \ n 2 II \ 8 _ Footprint and Unit Type I \ \ -- �� A� Q�` Note: Lot numbers per approved Tentative Tract Map No. 15586 1 i .1 Exhibit 2 p DEVELOPMENT PLAN Prepared for: Development Areas 3A-2a,-2b and -2c CDP TAYLOR WOODROWIORMN AUGUST 1999 ]I irvine/coast/phase4/phase4-2/$a-2abc/0899chplan/site-big,dwg 135. V 12 00 \ Q% s \ Y PQS/TEDF MA. 1998 GARY-1. GJ 1':1(: Clerk -Recorder By DEPUTY NOTICE OF DETERMINATION TO: OFFICE OF PLANNING AND RESEARCH COUNTY COUNTY CLERK ORANGE 1400 TENTH STREET, ROOM 121 SACRAMENTO, CALIFORNIA 95814 FROM: Planning and Development Services Department SUBJECT: Filing of Notice of Determination in Compliance with Section 21108 or 21152 of the Public resources Code Newport Coast Master CDP — Sixth emenrimpnf (PA 970133) Roberta State Park Newport Co Coast Pestablish Planning Areas 3A-2, 3B, and14 (Phase IV-2 C0 m ao \ as m CV ui m m es;! cti � Co ara ao m J m ro m to m �m r N m N m urm m Notice is hereby given that the Planning and Development Services Department (Lead Agency - G.SA, Etc.) EIR / ND No. EIR No. 568 Current Planning Services Department (Lead District, Division, Section, Etc.) has made the following determination on the above -described project: 1. The project was approved by Planning Commission on May 5, 1998 (Sisupv. sbdv. Can. Ping. Comm. ZA Etc.) (Date) 2. The project ❑ will have a significant effect on the environment The project 0 will not nX An Environmental Impact Report was prepared for this project pursuant to the provisions of CEOA. [� A Negative Declaration was prepared for this project pursuant to the provisions of CEOA. 3. Mitigation Measures 0 were Incorporated into the project through Q were not conditions of approval and project design. 4. For this project a Statement of Overriding considerations were 0 adopted. not adopted. 5. A copy of the EIR or Negative Declaration and the record of the project approval is on file and may be examined at the Environmental Management Agency, 300 N. Flower St, Room 130 Santa Ana, CA 92702 4048 Current Planning Services Division (714) 834- 5159 (D N In CD CON Signature: Title: a County 010range U [�J 09L7FOR�t� NOTICE OF DETERMINATION Project Charge No. TO: County Clerk, County of Orange FROM. Planning and Development Services Department SUBJECT: Filing of Notice of Determination in Compliance with Section 21108 or 21152 of the Public Resources Code PP53883 Project Title: PA990152 Type of Document Previous FEIR State Clearinghouse Number: Previously certified or adopted? If yes, provide document number and certification date :EIR No. 568 Contact Persons: Project Manager - Bill Melton Telephone: (714)834-2541 CEQA Project Manager- Lyn Ahrens (714)834-5154 Project Location: Newport Coast Planned Community, PA 3A-2a.2b,2c Project Description: Modification to Planning Application (PA) 980049, previously approved by the OC Planning Commission on 717/98, which established 33 Single Family (SFD) detached units. Subsequent PA 990042 was approved 6/28/99 for minor alterations to lot lines and grading. , The proposed project includes modifications to lots 12,17, 19-20, 25, 27, 29, 33-34, 36, and 39 that would permit perspective buyers of those lots the option of choosing to include either a Pool Cabana, a Garage with a work alcove; or Guesthouse all within the same footprint to be included with the single family dwelling proposed for those lots. Notice Is hereby given that the County of Orange as lead agency, Site Planning Section , has made the following determination on the above -described project: 1. The project was approved by O.C. Zoning Administrator on 2. The project will not have a significant effect on the environment. ® An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was prepared fore this project pursuant to the provisions of CEQA. 3. Mitigation Measures were incorporated into the project through conditions of approval and project design. 4. For this project a Statement of Overriding considerations was adopted. 5. Findings were made pursuant to CEQA Guidelines 15091 (Statement of Facts and Findings). 6. A copy of the EIR 568 and the record of the project approval is on file and be examined at: Planning & Development Services Department, Environmental & Project Planning Services -Division, 300 N. Flower, Room 321 Santa Ana, California 927024048. (714) 934-5550. Fish & Game Fee Finding: EIR - $850.00 Signature: Title: Previously Paid Receipt No. (See Attached): 19988500504 (74251) 5/18198 �Y • " County of Orange CytlFOR��r DATE: February 1, 2000 M EIM O 0 TO: William Melton, PDSD/Site Planning Section FROM: PDS/Environmental & Project Planning Services Division SUBJECT: Project Title: PA 990152 for NCPC-Planning Area 3A-2a - 2c Initial Study No. PA 990152 PROJECTDESCRIPTION: Coastal Development Permit to modify Planning Application (PA) 980049, previously approved by the County of Orange Planning Commission on 7/7/98 to establish 33 Single Family (SFD) detached units (PA 3A-2a - 9 dwelling units (DU]; PA 3A-2b - 18 DU; PA 3A-2c - 6 DU. Subsequent PA 990042 was approved 6/28/99 for minor alterations to lot lines and grading. The proposed project includes modifications to the following lots that would permit the perspective buyers of those lots the option of choosing from the following to be included with the single family dwelling proposed for those lots, Pool Cabana, includes kitchenette, bath, and porch; ° Garage with a work alcove; ° Guesthouse with a living room, bath, I bedroom and walk-in closet. Variations of the options, on the same 780 square foot footprint, will be available to purchasers of the following lots. Lots 29 and 33 are included in the model home sales complex. Lot No. Plan Type Minimum Setbacks from Property Lines 12 1 14.5-foot setback from front property line (23-feet from the back of sidewalk if option for a side -entry garage is constructed) 17 2R 20-foot setback from front property line 19 2R 20-foot setback from front property line 20 1 20-foot setback from front property line 25 2 20-foot setback from rear property line 27 3 20-foot setback from front property line 29 3 20-foot setback from rear property line 33 3R 20-foot setback from rear property line 34 3R 20.8-foot setback from rear property line 36 2 20-foot setback from rear property line 39 2R 20.2-foot setback from rear property line The currently entitled 33 SFD units and density proposes to remain the same as approved in PAs 980049 and 990042, grading is proposed to be revised to reflect the proposed requested revisions. PROJECTLOCATION.• The project is located in the coastal area of south unincorporated Orange County between the cities of Newport Beach/Corona del Mar and Laguna Beach. The project site in on the inland side of Pacific Coast Highway, easterly of the intersection of Pacific Coast Highway and Crystal Cove Drive. CEQA DETERMINATION. The CEQA documentation for your proposed project has been completed by the Environmental Planning Division. Based upon its review, E&PPSD has determined that the proper CEQA documentation for the Project is previously certified FEIR 568. The following information is attached to this memo for your consideration: I. Instructions for Filing CEQA Documents with the County Clerk; and II. CEQA Statement, Action and Findings which should be used for Staff Reports and AITs for the Project, including: r A. CEQA Compliance Statement for AIT and Staff Report; and B. Recommended Action for Decision-maker(s) to Re -Certify EIR; and C. Fish and Game Code Finding for Approval of Project; and D. NCCP Findings for Approval of Projects. III. Initial Study Analysis. If clarification is needed regarding this Memo or if there are questions, please contact the following staff person from PDS/Environmental & Project Planning Services Division: E&PPSD Staff Contact: Lyn Ahrg � Telephone Number: (714) 834-5 54 AW George Britton, Manager PDS/Environmental & Project Planning Services Division Attachments: Attachment A: Filing Instructions for County Clerk Attachment 1: Recommended CEQA Statements, Actions, Findings Attachment 2: Initial Study Analysis 0 FILING CEQA DOCUMENTS WITH THE COUNTY CLERK Your division will be responsible for filing the CEQA documentation and paying its related $38.00 filing fee with the County Clerk for your project. The County Clerk now only needs your CEQA document(s) with your project charge number in the upper right comer in order to post the document and recover this fee. You must, however, obtain a fee receipt from the County Clerk, which must then be turned in immediately to Management Services/Accounting Services. The County Clerk requires the $38.00 documentary handling fee for the following items: * Negative Declarations (ND); * Notices of Determinations (NOD); and * Notices of Exemption (NOE) Please note the following: 1. Within 5 days of approval action by the decision -making authority (e.g. Board, Planning Commission, Zoning Administrator) on a project, a Notice of Determination (NOD) must be filed with the County Clerk. 2. If E&PPSD has determined that your project is exempt from the Department of Fish and Game (DFG) fees, a De Minimis Finding (Certificate of Fee Exemption) will be provided by E&PPSD and must accompany your projects NOD. 3. If E&PPSD has determined that your project is exempt from the Department of Fish and Game (DFG) fees because the required fees were previously paid, a memo will be provided by E&PPSD and must accompany your projecPs NOD. 4. If E&PPSD cannot find your project exempt from the DFG fees and the will be required to pay $1288.00, or $888.00, respectively, for NDs and EIRs, including the $38.00 handling fee. You will need to fill in the information on the NOD or NOE form and get an original authorizing signature from your division after the approval action on your project. You will need to take the original set, and at least one set of copies to the EIR Clerk located in the Recorders/Clerks Office, Building 12, Civic Center Plaza. The Clerk will stamp the ND, NOD or NOE, and keep the original set. The Clerk will issue a receipt for the Environmental document which must be returned to Management Services/Accounting Services by the end of the day. A copy of a stamped NOD/NOE must be sent to E&PPSD for the file. Newport Coast PC, PA 3A-2a.b.c Page 3 PA 990152 • RECOMMENDED CEQA STATEMENTSAND FINDINGS FOR STAFF REPORTS/HITS A. CEQA COMPLIANCE STATEMENT (FOR TEXT OF STAFF REPORTIAIT): The CEQA compliance statement, located in the text of the staff report shall include the following statement unless advised otherwise by County Counsel or the Manager, Environmental & Project Planning Services Division. The proposed project is covered by Final EIR 568, previously certified on May 5, 1998. Prior to project approval, the decision -maker must assert that this EIR is adequate to satisfy the requirements of CEQA for the proposed project. I find that following is true of this proposed project: (1) No substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; '• (2) No substantial changes have occurred with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) No new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation Measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significarit effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerable different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. B. RECOMMENDED ACTION STATEMENT FOR APPROVING PROJECT: State law requires that action on a CEQA document be taken by the decision -maker Rriot to approval of the project for which it has been prepared. The following action must be taken before action on the project, unless directed otherwise by County Counsel or the Manager, Environmental & Project Planning Services Division. • The decision -maker has determined that Final EIR 568, previously certified on May 5a', 1998, satisfies the requirements of CEQA and has been approved as the Program EIR for the proposed project based upon the following findings: a. Based on the Initial Study, it is found that the EIR serves as the Program EIR for the proposed project; and b. The approval of the previously certified Final EIR for the project reflects the independent judgment of the Lead Agency. C. FISHAND GAME CODE FINDING FOR APPROVAL OFPROJECT: Find that pursuant to Section 711.4 of the California Fish & Game Code, this project is exempt from payment of required fees as it has been determined that the required fees have been paid, EIR 568, Receipt Document Number No. 19988500504 (74251), 05/18/98. D. NCCP FINDING FOR APPROVAL OF PROJECT: Find that the proposed project will not have a significant unmitigated impact upon Coastal Sage Scrub habitat and, therefore, will not preclude the ability to comply with approved Coastal/Central Subregional Natural Communities Conservation Planning (NCCP) Program Newport Coast PC, PA 3A-2a.b.c Page 4 PA 990152 ENVIRONMENTAL ANALYSIS CHECKLIST O The following checklist takes into consideration the preparation of EIR 568, prepared at an earlier stage of the proposed project. This checklist evaluates the adequacy of this earlier prepared document pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. New More Ni, Subiumli.l New More No S.Inimli.l Significant Severe Chmge From Si'Memt Swere Cbange Fmm ISSUES & SUPPORTING DATA SOURCES: Impact. ImPacn erevmus nnab.h ISSUES & SUPPORTING DATA SOURCES: Impacts lmwcn Frevfons Anab.I 1. LAND USE & PLANNING. Would the project: 5. HYDROLOGY&DRAINAGE. Would the a) Conflict with general plan designation or zoning? ❑ ❑ 0 project: (source#.568) a) Substantially alter the existing drainage patteniofthe site or area, including the alteration of the course of a strum or river, in b Conflict witha liable environmental laps or policies applicable P Po ❑ ❑ ® manner which would result in: of agencies wrth jurisdiction over the project? (568) i) substantial erosion or siltation on -or off-0e7(569 ❑ ❑ c) Disrupt or divide the physical arrangement ofan ❑ ❑ ® it) a substantial increase in the rate or amount of surface mnoffin ❑ ❑ established community (e g. low income, minorily)7(568) manner which would result in flooding on- or off -site? (568) d) Conflict with adjacent, existing or planned land uses? (568) ❑ ❑ El b) Create or contribute runoff water which would exceed the capacity of existing or planned slorrnwater drainage systems or provide ❑ ❑ AGRICULTURE. Would project: substantial additional sources of polluted runoff? (568) a) Convert Farmlands listed as; "Prime, "Unique or of"Statewide ❑ ❑ ® c) Place within a 100-year flood hazard area structures which would Importance" as shown on the State Farmland Mapping and impede or redirect flood flows? (568) ❑ ❑ Monitoring Program, to non-agricultural use? (568 d) Expose people or structures to a significant risk of loss, injury or b) Involve other changes in the existing environment which, due to ❑ ❑ ® death involving flooding, including flooding as a result of the ❑ ❑ their location or nature, could result in conversion of Farmland failure of a levee or dam, or inundation by seiche, tsunami, or to non-agricultural use? (568) mudflow? (568) 3. POPULATION & HOUSING. Would project: 6. WATER QUALITY. Would the project: a) Cumulatively exceed adopted regional or local population ❑ ❑ ® a) Violate any water quality standards or waste discharge projemions7(568) requirements? (568) ❑ ❑ b) Induce substantial growth in an area directly or indirectly through ❑ ❑ ® b) Substantially deplete groundwater supplies or interfere with project in an undeveloped area or extension of major infrastructure? groundwater recharge such that them would be a net deficit in ❑ ❑ (568) aquifer volume or a lowering of local groundwater table Ieve17 (568) e) Displace existing housing affecting a substantial number of people? ❑ ❑ ED (568) c) Otherwise substantially degrade water quality?(568) ❑ 19 GEOPHYSICAL. Would project raid t i n or expose 7. TRANSPORTATION/CIRCULATION. Would people to impacts involving: the project result in: a) Local fault rupture? (568) ❑ ❑ 10 a) Increased vehicle trips or traffic congestion beyond adopted policies and/or forecasts? (568) ❑ El - 23 b)Seismicity. ground shaking or liquefaction? (568) ❑ ❑ b) Exceed, either individually or cumulatively, a level of service e) Have soils incapable of adequately supporting the use ofseptic ❑ ❑ ® standard established by the county congestion management agency ❑ ❑ tanks or alternative waste water disposal systems where servers are for designated roads or highways? (568) not available for the disposal of waste water? (568) c) Safety hazards from design features (e.g, sharp curves or d) Landslides or mudslides? (568) ❑ ❑ ® dangerous intersections) or incompatible uses (e g farm ❑ ❑ equipment)? (568) c) Erosion, changes in topography or unstable sod conditions from ❑ ❑ excavation, grading or fill? (568) d) Inadequate emergency access or seems to nearby uses? (568) 9 Subsidence of the hand? (568) ❑ ❑ ® e) Insufficient parking capacity on -site or off -site? (568) ❑ ❑ g) Expansive soils? (568) ❑ ❑ ® f) Hazards or barriers for pedestrians or bicyclists? (568) ❑ ❑ h) Unique geologic or physical features? (568) ❑ ❑ 19 1 of3 to �q ENVIRONMENTAL ANALYSIS CHECKLIST New blore No Suhsdnbal Sigmficant Severe Change From ISSUES & SUPPORTING DATA SOURCES: ImPaetr Impacts Previous Analysis ISSUES & SUPPORTING DATA SOURCES: New Significant Impam Mom Severe Impacts No Svbstantial Change From Previous Analysis g) Conflicts with adopted policies supporting alternative transportation 11. AESTHETICS. Would the project: (e.g. bus turnouts, bicycle racks)? (568) ❑ ❑ h) Rail, walerlwme or air trade impacts? (568) ❑ ❑ El a) Affect a scenic vista or view open to the public? (568) ❑ ❑ b) Affect adesignated scenic highway? 568 ❑ ❑ it Change in air traffic patterns, including eitheran increase in traffic levels or a change in location that results insubstantial safety risks? ❑ El ® c) Substantially degrade the existing visual character or quality of El El 19 (568) the site and its surroundings? (568) d) Create light or glare beyond the physical limits of the project ❑ ❑ IR 8. AIR QUALITY. Would the project: site? (568) a) Exceed any SCAQMD standard or contribute to air quality ❑ ❑ ® 12. CULTURAL/SCIENTIFIC RESOURCES. determination beyond projections of SCAQMD? (568) Would the project: b) Expose sensitive population groups to pollutants in excess of ❑ ❑ ® a) Disturb archaco or palco resources? (568) acceptable levels? (568) ❑ ❑ c) Alter air movement, moisture, or temperature, or rouse any change b) Affect historical resources? (568) ❑ El in climate? (568) ❑ ❑ ® c) Have the potential to cause a physical change which would of act ❑ ❑ ID unique ethnic cultural valuca7(568) d) Create objectionable odors affecting a substantial number of ❑ Elpeople? (568) 13. RECREATION. Would project: 9. NOISE. Would the project: a) Increase the use of existing neighborhood and regional parks or ❑ ❑23 other recreational facilities such that substantial physical a) Increase existing noise levels?(568) ❑ ❑ ® deterioration of the facility would occur or be accelerated? b) Expose people to noise levels exceeding adopted County standards? (568) ❑ ❑ ® b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse ❑ El 10 c) If located within an airport land use plan or, where such plan has ❑ ❑ ® physical eRcct on the environment? (568) not been adopted, within two miles of a public airport or public use c) Conflict with adopted recreational plans or policies? (568) airport, expose people residing or working in the project area to ❑ ❑ excessive noise levels? (568) 14. MINERAL RESOURCES. Would the project: 10. BIOLOGICAL RESOURCES.Would the project a) Result in the loss of availability of a known mineral resource that ❑ ❑ impact: would be of valet to the region and the residents of the state? (568) a) Endangered, threatened orrare species or lheirhabitaB(including ❑ ❑ ® but not limited to plants, fish, insects, animals and birds)? (568) b) Result in the loss of availability of a locally -important mineral ❑ ❑ resource recovery site delineated on a local general plan, specific b Locally designated s y gna species (e g. heritage trees)? (568) ❑ ❑ ® plan or other land use plan? (568) c) Locally designated natural communities(e g oak forest, coastal ❑ ❑ ® 15. HAZARDS. Would the project: habitat, etc.)? (568) d Weiland habitat e. mars riparian and vernal (& h.pool)? a) Create a hazard to the public or the environment through the ❑ ❑ ❑ ❑ ® routine transport, use, or disposal of hazardous materials? e) Wildlife dispersal or migration corridors?(569) ❑ ❑ (568) f) conservation policies (e.g. ❑ ❑ ® b) Create a hazard the public or the environment through foresecable ❑ ❑ Conseil Community Resource Platuml Community Conservation Plan or Resource Management Plan)y reasonably a upset and accident conditions involving the release of hazardous materials into the environment? (568) (568) e) Emit hazardous emissions or handle hazardous or acutely ❑ ❑ hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (568) of 3 ENVIRONMENTAL ANALYSIS CHECKLIST N. More No Substantial New More No Substantiat signiMeml Severe Change From Sgnifinnt severe Change From ISSUES & SUPPORTING DATA SOURCES: Impacts Impacts I'mviom Anabsis ISSUES &SUPPORTING DATA SOURCES: lmpacls Impacts Previous Anabsts d) Expose people to existing sources of health hazards? (568) c) If located within an airport land use plan or, where such plan has not been adopted, within two miles of a public airport or public use airport, result in a safety hazard for people raiding or working in the project areal (568) I) If located within the vicinity of a private airstrip, result in a safety, hazard for people residing or working in the project area? (568) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (568) PUBLIC SERVICES. Would project result in ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ® ® c) Dom the project have possible environmental effects which are individually limited but cumulatively considerable? ("cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects ofpasl projects, the effects of other eurrentprojects, and the effects of probable future projects.) d) Does project have environmental efects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ ❑ ❑ Choose one of the following: need(s) for new/altered government facilitialservices in: DETERMINATION: a) Fire pmtection7(568) ❑ ❑ ® Based upon the evidence in light of the whole record documented in the attached environmental checklist explanation, tiled incorporations b) Police protection? (568) El El to and attachments, I End that the proposed project: c) Schools? (568) has previously been analyzed as part of an earlier CEQA document ❑ ❑ ® (which either mitigated the project or adopted impacts pursuant to d) Maintenance of public facilities, including roads? (568) ❑ ❑ ® findings) adopled(certified pursuant to Stale and County CEQA Guidelines. The proposed project is a component of the whole action e) Other gavemmenl services? (568) ❑ ❑ analyzed in the previously adopled/cenificd CEQA document. has previously been analyzed as part of an earlier CEQA document 17. UTILITIES& SERVICE SYSTEMS. would (which ether mitigated the project or adopted impacts pursuant to ❑ project result in needs for new or substantial alterations findings) adoplcd/ecrtifred pursuant to Stale and County CEQA in: Guidelines. Minor additions and/or clarifications are needed to make the previous documentation adequate to cover the project which a) Power or nattiest gas? (568) ❑ ❑ ® are documented in this addendum to the earlier CEQA document (CEQA §15164). b) Communications systems? (568) ❑ ❑ has previously been analyzed azpan of an earlier CEQA document (which either mitigated the adopted impacts to ❑ c) Local or regional water treatment or distribution facilities?(568) ❑ ❑ ® project or pursuant findings) adopted/ecrtificd pursuant to Stale and County CEQA or septic tanks? (568) ❑ El ® Guidelina.However, there is important new information and/or •d)Sewer substantial changes have occurred requiring the preparation of an e) Solid waste disposall(568) ❑ El® additional CEQA document (ND or EIR) pursuant to CEQA Guidelines Sections 15162 through 15163. Signature: MANDATORY FINDINGS. a) Does the project have the potential to degrade the quality of the ❑ ❑ ® Planner: Lyn Ahrens environment, substantially reduce the habitat of a fish or wildlife Environmental & Project Planning Division population to drop below self sustaining levels, threaten to eliminate Telephone: (714) 834-5154 a plant or animal community, reduce the number orreslnct the range of a rare orendangered plant or animal, oreliminate N07L' All referencedond/oriicorporateddocumenrs maybe important examples of the major periods ofCalifomia history or reriewed by appointment only, at the County of Orange Planning & prehistory? Development Services Department, 300N. Flower Street, Santa Ana, Cal forma, an/etc orherwire spec fed. An appointment can be made b) Dom the project have the potential to achieve time short-term ❑ ❑ ® by contacting the CEQA Contact Perron identfedabove. environmental goals to the disadvantage of the long-term environmental goals? Initial 0 ATTACHMENT 2 Environmental Analysis for: Newport Coast, 33 Homes, Initial Study PA 990042/Previous EIR 568 Coastal Development Permit PA 990042; Tentative Tracts 15586 Newport Coast Planned Community -Planning Areas 3A-2 & 3B Introduction The project, the establishment of 33 single family dwelling lots in the Newport Coast Planned Community, Planning Areas 3A-2a, 2b, 2c and Tentative Tract (TT) 15586, requires the approval of a Coastal Development Permit/Initial Study (Planning Application [PA] 990042). Planning Area (PA) 3A-2a, 2b, 2c consists of 202 acres of land, which has been partially graded and used as a borrow site for development of PA3A-1. Approval of TTM 15586 will entitle 325 single family.residential lots, one lot (326) to be developed as a park, one lot (327) for a pump station, one lot (328) as a guard gate, 27 lots (A-Z, EEE) for open space, 27 lots as private streets and 3 lots for fuel modification. This initial study will consider the following as the project proposal: • Development of Phase IV-2, Planning Areas 3A-2a, 2b, 2c including modifications to the boundaries between Development Sub -Areas; • TT 15586, 325 for residential single family dwellings; 27 lots for private streets, 27 lots for open space, 3 lots for fuel modification, 1 lot for a pump station and 1 lot for a guard gate. Approval of TT 15586 will include deviations to site development standards for the private street lots, The scope of this Initial Study will be to determine if previously prepared Final EIR 568 (hereinafter FEIR 568), environmental documentation prepared for discretionary action Master Coastal Development Permit, 61s Amendment (PA 970133), adequately addressed, potential environmental impacts resulting from the proposed project. Final EIR 568, which amended previously approved Coastal Development Permits for Planning Areas 3A- 2, 3B, 12B and 14 was certified as final and adequate on May 5, 1998. The proposed project site is located on the Newport Coast, northeasterly of Pacific Coast Highway and the Pacific Ocean, northwesterly of the City of Laguna Beach, southeasterly of the City of Newport Beach and south of the San Joaquin Hills Transportation Corridor. The project is in the Fifth Supervisorial District. (See attached exhibits) CEQA Background: The CEQA Guidelines (Cal. Code of Regulations §15000 et seq.) authorize the use of an Initial Study for the purpose of determining whether a previously prepared EIR can be used for a project (CEQA Guidelines §15063(c)(7)). This document will analyze each topical area for disclosure of any new or more severe impacts not previously anticipated. Section 21166 of the California Environmental Quality Act (CEQA, Pub. Res. Code §21000, et seq.) sets the standard to determine whether another EIR should be prepared when an original EIR has been prepared. Section 21166 states: "When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: (a) Substantial changes are proposed in the project, which will require major revisions of the environmental impact report. NENPORT COASTPLANNED COMMUNITY PA 990042 PLANNING AREAS 3A-2 & 3B Page 1 • (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report. (c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available." Section 21166 is further explained in the CEQA Guidelines at § 15162, in the following language; "(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation' Measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerable different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subsection (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. (c) If the project was approved prior to the occurrence of the conditions described in the subsection (a), the subsequent EIR or negative declaration shall be prepared by the public agency, which grants the next discretionary approval for the project. In this situation no other Responsible Agency shall grant an approval for the project until the subsequent EIR -has been certified or subsequent negative declaration adopted. (d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed." The key to §21166 and §15162 is to determine if any circumstances have changed dramatically enough to justify repeating a substantial portion of the environmental documentation process. NEWPORT COAST PLANNED CODUUNITY PA 990042 PLANNING AREAS 3A-2 & 3B Page 2 Based upon the foregoing information, it was determined that Final Program FEIR 568, which was prepared under the authority of the California Environmental Quality Act (CEQA) adequate in addressing environmental impacts resulting from the proposed project. The proposed project does not raise important new issues about the significant effects on the environment. There is no substantial evidence that the project, as mitigated by the mitigation measures required within the program EIR 568, would have a significant adverse effect on the environment (§ 15070). Finally, FEIR 568 was certified as a Program EIR for the development Newport Coast Planned Community, Phase IV-2, in connection with earlier approvals. The certification of a Program EIR is a recognition of the continuing utility of such a document for later approvals. The Program EIR approach specifically provides for those types of exhaustive analyses that result in programs for environmental mitigation that can be carried out through the life of a project. The programs of mitigation measures are drafted in such a way as to insure the integrity of the environmental parameters set by the original EIR and associated findings. The §21166 test provides evidence under state law on the question of whether a new environmental document is necessary. This test is a tangible one, and does not challenge the age of a document, only provides the criteria to test its continuing accuracy and utility. This project is covered by previously certified EIR 568 which serves as a program EIR for the Newport Coast Planned Community, Phase IV-2. Resolution No. 98-04, of the Planning Commission stated that EIR 568 is adequate in addressing the Newport Coast, Phase IV-2 project (Newport Coast Master Coastal Development Permit, 6'" Amendment). Legislative Intent Of CEQA: The Legislature's intentions in enacting the California Environmental Quality Act are identified in the Public Resources Code, Chapter 1. Policy of Division 13. CEQA emphasizes the following: It is the intent of the Legislature that all agencies of the state government which regulate activities of private individuals, corporations, and public agencies, affecting the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage, while providing a decent home and a satisfying living environment for every Californian. (Section 21000(g) of the CEQA Statute.) In accordance with Sec. 15063 an Initial Study was completed on the subject project by the Environmental Planning Division (EPD) and it Was determined that EIR 568 adequately analyzed the previously approved project, Newport Coast Master Coastal Development Permit, 6's Amendment (PA 970133). The proposed project, PA 990042, proposes no subsequent changes, and that no substantial changes have occurred with respect to the circumstances surrounding the project, and that no new information that would substantially affect the validity of the EIR has become available. Background Of Environmental Approvals and Documentation: Discretionary actions have been approved for proposed development and open space preservation within the Newport Coast Planned Community. The following summarizes the previous discretionary actions and the associated environmental documents, which are herewith incorporated by reference to this initial study: ATTACHMENT A Documents Referenced in Preparation of this EIRr r These documents are available for public inspection at the County of Orange Planning and Development Services Department, Environmental and Project Planning Services. NEWPORTCOASTPLANNED COMMUNfry PA 990042 PLANNLNGAREAS 3A-2 & 3B Page 3 • II Date Document Relationship to Proposed Project 1976-79 Irvine Coastal Community Irvine Coast maximum residential build out - 12,000 DUs. General Plan Amendment, Final Acted as County General Plan and proposed as first coastal LCP EIR No. 134. to Coastal Commission. 1982/ Irvine Coast Local Coastal 1" Irvine Coast Local Coastal Program (LCP) - Maximum 1983 Program 80-4/Land Use residential build out, 2,000 units, included other land uses, Element Amendment 80-4, development policies, and regulations. Supplemental EIR No. 237; LCP Implementation Action Plan. 1987/ Irvine Coast Local Coastal Established a maximum residential build out of 2,600 units, land 1988 Program, 1" Amendment uses, intensity of use, development policies, and regulations. 1988/ FEIR No. 486, Irvine Coast Serves as an implementing mechanism for the Irvine Coast LCP. 1996 Planned Community Addressed impacts based on build out of project pursuant to the DevelopmentAgreement. 1988 LCP and Development Agreement. Addendum for Development Agreement I" Amendment. 4988 FEIR No. 485, Irvine Coast Addressed environmental impacts of backbone infrastructure, Planned Community Master roadways, and subdivision of 2,813 acres, evaluating 23 of 44 Coastal Development Permit Master CDP land use planning areas. EIR analysis including MCDP 88-11P and Testing "A" PAs 3A, 3E, and 14; FEIR 485 did not address specific Tentative Tract Map No. 13337. development proposals for residential, tourist commercial, or golf course development. 1989 Final EIR No. 511, Irvine Coast Evaluated construction level impacts for I I individual projects Planned Community, Phase I. in addition to the realignment of Lower Loop Road. Included PAs 3A, 313, 14. 1989 Refined Master Drainage and Recommended backbone drainage improvement system for the Runoff Management Plan NCPC. Drainage and sedimentation control measures are (RMDRMP) included as part of each subsequent development project within the MCDP/NCPC. The RMDRMP is the master improvement plan from which subsequent site specific storm runoff manage- ment plans for NCPC development areas are derived 1994 Addendum to FEIR No. 511- Site Development Permit to allow mass grading in PA 3A and PA 940113 Site Development for a borrow site (in PA 313) in an area previously analyzed for Permit/Wishbone Hill Grading development. 1995 Mitigated Negative Declaration Negative Declaration to address amendment to County Master No. IP-100, Transportation Plan of Arterial Highways (MPAH), which included removal of Element Amendment95-1 Sand Canyon Avenue from its existing terminus just north of PCH to the San Joaquin Hills Transportation Corridor (SJHTC), and deleted the interchange of Sand Canyon Avenue at the SJHTC. 1996 2n4Amendment to the Newport The LCP 2nd Amendment modified the LCP by adjusting Coast Local Coastal Program planning area and open space boundaries adjacent to Crystal Land Use Plan and Cove State Park. The 2"d Amendment increased the maximum Implementing Ordinance for the number of dwelling units allowed in certain planning areas, Newport Coast Planning Unit without changing the maximum allowable number of residential units, (2,600 total dwelling units). 1996 Natural Community Addressed NCCP/HCP for Central/Coastal Orange County. NEWPORT COAST PLANNED COMMUNITY PA 990042 PLANNING AREAS 3A-1 & 3B Page 4 Date Document Relationship to Proposed Project Conservation Plan and Habitat Plan includes 37,000-acre reserve system, authorizes incidental Conservation Plan Joint take of coastal sage scrub, and provides regulatory coverage for Programmatic FEIR No. 39 individual species. The proposed project site is not within the 5S3/FEIS96-26NCCP/HCP) NCCP Reserve since the site was master planned for development. Mitigation measures in FEIR 511 and FEIR 5531FEIS 96-26 (NCCP) pertain to project impacts to coastal sage scrub were applied in EIR. 568. 1996 Addendum to Final EIR No. 553 Addressed proposed amendments to the Central and Coastal for the County of Orange NCCP/HCP to reflect resulting revisions to the 2"d Amendment Central and Coastal Subregion to the Newport Coast LCP NCCP/HCP Addendum PA 970046 to EIR No. A modified development plan for one-half of Planning Area 3A, 1997 511 known as Development Area (DA) 3A-1. 1997 Settlement Agreement between Establishes maximum dwelling units by planning area and The Irvine Company, Friends of various other restrictions on development, which is reflected in the Irvine Coast, Laguna the proposed project. Greenbelt, Inc., and Stop Polluting Our Newport The following is the analysis of the subject proposal and compilation of pertinent mitigation measures derived from EIR 568, approved and adopted for the Newport Coast, Phase IV-2 project (Newport Coast Master Coastal Development Permit, 6 h Amendment).. These mitigation measures have been updated to reflect the latest requirements of CEQA in addition to County ordinances, policies and guidelines. NENPORTCOASTPLANNEDCOMMUNITY - PA990041 PLANNING AREAS 3A-1 & 3B Page 5 Analysis oflmpacts/Mitlgations: 1. LAND USE AND PLANNING, a through e, No Impact Beyond FEIR No. 568 The proposed project is consistent with and in conformance with General Plan and its implementing documents. The General Plan, Land Use Element designation is 1B, Suburban Residential Community. The Community Profile designation is 1.4, Medium Density. The project is not in conflict with zoning or general plan designations nor does it conflict with existing, or planned land uses. Planning Areas 3A-2a, 2b, 2c are designated for medium density residential development according to the Newport Coast Community Development Plan and the project area is currently being developed for residential uses. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions concluded in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project. Mitigation Measure #1 So as to avoid a de facto increase in dwelling units within the project, owners of guest or caretaker units constructed in PAs 3A and 3B will be prohibited from renting those units (except to family members of owners), through CC&Rs to be recorded on those PAs. This kPA will be verified through submittal of evidence that the proposed CC&Rs contain this prohibition to the Manager, PDSBuilding Inspection Services prior to certificates of use and occupancy for PAs 3A-2a, 2b, 2c. 2. POPULATION AND HOUSING, a, b and c, No Impact Beyond FEIR No. 568 The proposed project will not cumulatively exceed adopted regional or local population projections, neither will it induce substantial growth in an undeveloped area or extension of major infrastructure or displace existing housing. The project proposes the development and construction of 325 single family residential dwelling units with private streets and a guard gate setting. The project also includes Tentative Tract Map 15568. In accordance with the Newport Coast Planned Community and Orange County Affordable Housing Program, the applicant proposes to make 92.8 percent of the apartments (208 units) available to renters in "Low" affordable range. Under current County affordable guidelines (effective to July 1, 1996), the "Low" range would have apartments available with rents at no more than $1,142 per month for renters with household incomes not exceeding $45,685 per year (which is a figure equal to 80 percent of the County median income). The proposed project, the development of Newport Coast, 33 single family dwellings will not affect adopted regional or local population projections beyond EIR 568 projections. Neither will it induce substantial growth in an undeveloped area, extension of major infrastructure or displace existing housing. No mitigation measures are warranted. 3. GEOPHYSICAL, a through h, No Impact Beyond FEIR No. 568 The project grading in PA 3A-2a, 2b, 2c will create significant permanent cuts and fills of 50 feet or greater in a number of locations. Project grading in PA 12B along the northern boundary of PA 313 resulted in elevation changes greater than 100 feet along graded slopes. These significant impacts can be minimized through requirements of previous approvals, standard conditions and incorporating sensitive project design. However, these impacts will not be eliminated. A Statement of Overriding Consideration was adopted during the approval and certification process for FEIR 568. There will not be a significant change in topography or ground surface relief features beyond that already addressed in EIR 568. The project area has been partially rough graded and used as a borrow site in preparation for future development, Grading Permit No. GA 940056 (a reissue of Grading Permit No. GA90-09260001). TTM 15568 proposes 5,200,000 cubic yards of cut and 5,200,000 cubic yards of fill. NEWPORT COASTPLANNED COMMON= PA 990042 PLANNING AREAS 3A-1 & 3B Page 6 Project impacts compared to impacts described in EIR No. 568 Establishment, including grading, of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project. Mitigation Measure #3 Grading plans for the proposed project shall be in conformance with the LCP Land Use Plan Grading Policies Section I-3-L. The Manager, County of Orange Planning and Development Services/Subdivision and Grading will verify this RPA, prior to issuance of grading permits Mitigation Measure #4 Prior to the issuance of any grading permits, if review of the grading plan for this property by the Manager, Subdivision and Grading indicates significant deviation from the proposed grading illustrated on the approved tentative tract map, specifically with regard to slope heights, slope ratios, and pad evaluations and configuration, the plan shall be reviewed by the Subdivision Committee for finding of substantial conformance. Failure to achieve such a finding will require processing a revised tentative tract map or, if a final tract/parcel map has been recorded, a new tentative tract/parcelmap or a site development permit application per Orange County Zone Code Section 7-9-139 and 7-9-150 (Standard Condition G2). Mitigation: Measure #5 Prior to the issuance of a grading permit, the applicant shall submit a geotechnical report to the Manager, PDS/Subdivision and Grading Services, for approval. The report shall include the information and be in a form as required by the Grading Manual (Standard Condition GI). Grading plans shall incorporate all pertinent recommendations of the geological and soil engineer reports. The soils engineer and engineering geologist must certify the suitability of a graded site prior to clearance for issuance of a building permit Mitigation Measure #6 Stability: Prior to the issuance of permits for grading, final geotechnical review of the grading plan will be completed. The stability of proposed slopes will be confirmed during that review. All design slopes will meet the minimum factor of safety of 1.5 for the static case and 1.1 for the pseudostatic case. The stability of temporary slopes shall be analyzed during final grading design, and remedial treatments will be provided on a case by case basis. Very deep trench or wall excavations may require analysis by the soil engineer and/or shoring engineer. This measure will be verified by the Manager, PDS/Subdivision and Grading Services, during grading plan check and prior to issuance of grading permit(s). Mitigation Measure #7 Expansive Soil: During design and grading, expansive soils shall not be placed (or left) at or near final grades unless special design and construction procedures to offset the effects of such soils are planned. During grading operations, soil placement shall be supervised by the project's geotechnical engineer. This measure will be verified by the Manager, PDS/Subdivision and Grading Services, during grading plan check and prior to issuance of grading permit(s). Mitigation Measure #8 Upon recommendation by the project geotechnical engineer, canyon subdrain systems shall be constructed in all canyons and tributary drainages where fills area proposed. Subdrainage shall also be provided in all slope buttresses, stabilization fills, and shear keys. This measure will be verified by the Manager, PDS/Subdivision and Grading Services, during grading plan check and prior to issuance of grading permit(s). NEWPORT COASTPLANNED COMMUNITY PA 990041 PLANNING AREAS M-1 & 3B Page 7 • Mitigation Measure #9 Prior to the recordation of the fast final tract/parcel map or issuance of the first grading permit for projects located immediately adjacent to or including portions of regional parks, significant open space corridors, or other environmentally sensitive areas, the project proponent shall provide evidence acceptable to the Manager, Subdivision and Grading Services, in consultation with the Manager, HB&P/Program Planning, that graded areas will be compatible with natural land characteristics of the adjacent areas. Treatment to achieve the desired effect shall include: a. Smooth and gradual transition between graded slopes and existing grades using variable slope ratios (2:1 to 4:1). b. Contour grading such as the rounding and contouring of plane edges and the varying of height and inclination of manufactured slopes to produce a more natural appearing earthwork. c. Urban Edge Treatment/Landscaping Plan(s) for all graded areas adjacent to open space; and d. Incorporating architectural and design techniques into the project in order to enhance off -site views attained from within parks and other environmentally sensitive areas. Mitigation Measure #10 Contour grading techniques will be used whenever possible along PCH, Crystal Cove Drive, and Reef Point Drive, as well as along the interior private streets to achieve the appearance of gradual natural slopes. All grading activities will be completed in a manner consistent with the Orange County Grading and Excavation Code and Grading Manual, and the policies of the Newport Coast LCP Second Amendment, Land Use Planning Grading Policies, Section I-3-L. All manufactured slopes supporting future residential pads will be compacted to achieve a County of Orange Safety Standard Factor of 1.5 (MCDP Sixth Amendment - Master Grading Plan, page II-9). The Manager, County of Orange, Planning and Development Services/Subdivision and Grading will verify this RPA, as part of the plan check process. Project grading plans will be approved prior to issuance of grading permits. 4. WATER, a through h, No Impact beyond FEIR No. 568 Under the Hydrology and Water Quality section of EIR 568 impacts were identified. These impacts were analyzed in the Newport Coast Phase IV-2, Hydrology Analysis, prepared by John M. Tettemer & Associates (February, 1998). This report is provided in FEIR 568, Appendix C. Additionally, the 1989 Refined Master Drainage and Runoff Management Plan (RMDRMP), which established engineering design for runoff management policies in the LCP for the NCPC, was revised to include the Phase IV-2 area. During the construction phase of the project, the applicant shall comply with Best Management Practices outlined in the National Pollution Discharge Elimination System (NPDES) Stormwater Regulation. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project. The following requirements of previous approval and EIR 568 mitigation measures will ensure that potential impacts will be mitigated to a level of insignificance. Mitigation Measure #11 The 1989 Refined Master Drainage and Runoff Management Plan (RMDRMP) details engineering strategies to implement Local Coastal Program (LCP) runoff management policies for the Planned Community. The RMDRMP is required by the Newport Coast LCP First and Second Amendments. Development approval for each project within the Planned Community is conditional upon implementation of RMDRMP required improvements (John M. Tettemer & Associates, 1997). The Hydrology Report (Appendix C) provides a site specific storm drain system to implement LCP policies for the Phase IV-2 site. NEWPORT COAST PLANNED COMMUN17Y PA 990042 PLANNING AREAS 3A-2 & 3B Page 8 The Phase IV-2 design specific runoff management strategy reduces peak storm runoff via two permanent and two temporary detention basins, as well as drainage diversions to protect coastal terraces in Crystal Cove State Park (refer to PDFs I and 2 in Chapter 3.0). Peak 100 year storm flows from the culverts under Pacific Coast Highway will be significantly reduced to rates below pre -development peak rates due to these diversions, with the exception of the Muddy Canyon culvert. Portions of the 100 year peak runoff from Watersheds B and C, and all of the runoff from Watersheds D and E, will be directed to Muddy Canyon just upstream of the PCH culvert via an underground pipeline and the two temporary detention basins along PCH. Although the tributary drainage areas and runoff rates are greater at the Muddy Canyon culvert due to the redirection of flows in the post -development condition, the increased rate is within ten percent above the pre -development discharge of the 100 year storm event, as allowed by the LCP Mitigation Measure #12 A. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any grading permits, whichever comes first, the applicant shall in a manner meeting the approval of the Manager, Subdivision and Grading: 1. Design provisions for surface drainage; 2. Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff, and 3. Dedicate the associated easements to the County of Orange, if determined necessary. B. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any certificates of use and occupancy, whichever occurs first, said improvements shall be constructed in a manner meeting the approval of the Manager, Construction (County Standard Condition D2). Mitigation Measure #13 Prior to issuance of any grading permits, the applicant shall submit evidence to the Manager, Subdivision and Grading, that the applicant has obtained coverage under the NPDES statewide General Stormwater Permit for Construction Activities from the State Water Resources Control Board (County Standard Condition WQ4). Mitigation Measure #14 Prior to issuance of precise grading or building permits, whichever comes first, the applicant shall submit to and obtain approval from Manager, Subdivision and Grading, of a Water Quality Management Plan (WQMP). A plan shall be submitted for each development project, specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant runoff. This WQMP shall identify the routine structural and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP) Appendix, which details implementation of BMPs whenever they are applicable to a project and the assignment of long- term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.), and, shall reference the location(s) of structural BMPs. Prior to issuance of a grading permit, a Notice of Intent (NOI) to comply with provisions of the State Water Resources Control Board's General Construction Activity Storm Water Pollution Prevention Plan (SWPPP) will be prepared by a registered civil engineer and will be available on site throughout construction activities (Standard Condition WQl, as modified).' 5. TRAFFIC AND CIRCULATION, a through g, No Impact beyond FEIR No. 568 Within the Impact Section of Traffic and Circulation of EIR 568 impacts were identified. A Traffic Analysis was prepared by Austin -Foust Associates, Inc., January, 1998. The complete report is provided in FEIR 568, Appendix D. The proposed project would generate additional vehicular movement since the project site is currently undeveloped, however, not beyond that already addressed in EIR 568. NEWPORT COAST PLANNED COMMUNITY PA 990042 PLANNING AREAS 3A-2 & 3B POge 9 r� The project site is located in unincorporated Orange County, east of Pacific Coast Highway (PCH) and southeast of Newport Coast Drive (NCD) Direct access to the site is provided by PCH, a six -lane major arterial highway. Two gated entries provide access to the project site at Crystal Cove Drive (formerly Sand Canyon Avenue) and Reef Point Drive. Both of these entries are signalized at the PCH intersection.. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project. The following Requirements of Previous Approvals (RPAs), County of Orange Standard Conditions and FEIR 568 mitigation measures will ensure that potential impacts will be mitigated to a level less than significant. Mitigation Measure #15 Prior to the recordation of a subdivision map, the subdivider shall release and relinquish vehicular access rights to all arterial highways to the County of Orange, except for access locations approved by the County of Orange, and notes to this effect shall be lettered on the final map and approved by the Manager, Subdivision and Grading (County Standard Condition TI). Mitigation Measure #16 Prior to the recordation of a subdivision map (except maps for financing and conveyance only), the subdivider shall place a note on the map that states: "The private streets constructed within this map shall be owned, operated, and maintained by the developer, successors, or assigns. The County of Orange shall have no responsibility, therefore, unless pursuant to appropriate sections of the Streets and Highways Code of the State of California, the said private streets have been accepted into the County Road System by appropriate resolution of the Orange County Board of Supervisors" (County Standard Condition T2). Mitigation Measure #17 A. Prior to the recordation of each subdivision map (except maps for financing and conveyance only), the subdivider shall submit to the Manager, Land Use Planning, for review and approval, a procedure or method that will ensure that each proposed building site will have a guaranteed right of vehicular and pedestrian ingress and egress access from each building site to a publicly maintained street. The approved procedure or method shall be lettered/shown on the subdivision map. B. Prior to the issuance of any building permits, the applicant shall produce evidence acceptable to the Manager, Land Use Planning, that legal, practical access exists from the development site to a publicly maintained street (County Standard Condition T3). Mitigation Measure #18 Prior to the recordation of a subdivision map (except maps for financing and conveyance only), the subdivider shall design and construct the following improvements in accordance with plans and specifications meeting the approval of the Manager, Subdivision and Grading: A. Streets, bus stops, on -road bicycle trails, street names, signs, striping, and stenciling. B. The water distribution system and appurtenances, which shall also conform to the application laws and adopted regulations enforced by the County Fire Chief. C. Underground utilities (including gas, cable, electrical, and telephone), street lights, and mailboxes (County Standard Condition T4). Mitigation Measure #19 Prior to the issuance of any grading permits, the applicant shall provide adequate sight distance at all street intersections per Standard Plan 1117, in a manner meeting the approval of the Manager, NENPORTCOASTPLANNED COMMUNITY PA 990042 PLANNING AREAS 3A-1 & 3B Page 10 0 Subdivision and Grading Services. This includes any necessary revisions to the plan such as removing slopes or other encroachments from the limited use area (County Standard Condition T7). Mitigation Measure #20 A. Prior to the recordation of a subdivision map or the issuance of any building permits, whichever occurs fast, the subdivider shall provide plans and specifications meeting the approval of the Manager, Subdivision and Grading, for the design of the following improvements: 1. Internal street/common private drive system. 2. Entrance to the site to emphasize that the development is private by use of signs and other features. B. Prior to the issuance of any building permits, the applicant shall construct the above improvements in a.manner meeting the approval of the Manager, Construction. C. Prior to the recordation of a subdivision map or the issuance of any building permit, the subdivider shall provide plans meeting the approval of the Manager, Subdivision and Grading Services, for the design of the internal pedestrian circulation system within the development (County Standard Condition Tit) Mitigation Measure #21 Prior to the recordation of a subdivision map, the applicant shall place a note on the final map and show a two-way reciprocal access and parking easement to all parcels within the map, in a manner meeting the approval of the Manager, Subdivision and Grading (County Standard Condition T15). Mitigation Measure #22 The construction contractor shall be responsible for coordination of public traffic to eliminate hazards and minimize traffic delays near the project site and construction access routes. A haul route plan'shall be included with the construction plans such that large trucks and other construction vehicles and equipment shall not travel through residential neighborhoods in the project vicinity. This mitigation measure shall be verified by the Manager, Subdivision and Grading, prior to issuance of grading permit(s). 6. AIR QUALITY, a through d, No Impacts beyond FEIR No. 568 The project site is located in a non -attainment area in which any project that contributes emissions to the South Coast Air Quality Basin has a cumulative impact on the air quality of the Basin. The Inventory of Unavoidable Adverse Impacts in EIR 568 identified Unavoidable Adverse Project and Unavoidable Adverse Cumulative Air Quality Impacts. These identified impacts were due to 1) short-term construction emissions from airborne dust and emissions from heavy equipment, and 2) long-term regional emissions of CA, ROC, and NOx. Since the project site is located in South Coast Air Quality Basin, which is a non -attainment area, the project contributes to regional long-term cumulative impacts. These significant impacts can be minimized through application of Requirements of Previous Approvals, Standard Conditions and FEIR 568 Mitigation Measures. However, these impacts will not be eliminated. A Statement of Overriding Consideration was adopted during the approval and certification process for FEIR 568. There will not be a significant change beyond that already addressed in EIR 568. The following Mitigation Measures, Standard Conditions, and Requirements of Previous Approvals will ensure that impacts will bereduced; however, some impacts will remain significant. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIRNo. 568. EIRNo. 568 provides adequate documentation for the proposed project. Mitigation Measure #23 Construction of pedestrian and bicycle paths connecting areas of interest, in accordance with County management policies and golf course/resort management needs (LCP Transportation/Circulation Policy 20e). This measure shall be verified by the Manager, Current Planning Services, during plan check of subsequent "B" maps for project development PLANNING AREAS 3A-2 & 3B Page 11 Mitigation Measure #24 Use of transit improvements, such as bus shelters, bus pullouts, bus turnarounds, benches, and bus stop pedestrian access, to facilitate transit usage among residents. This measure shall be verified by the Manager, Current Planning Services, during plan check of subsequent `B" maps for project development. Mitigation Measure US In order to reduce impacts on nearby sensitive receptors, the following fugitive dust control measures shall be implemented by the developer during or after grading: • A vegetative ground cover shall be established within 30 days after active construction operations have ceased; and ground cover must be of sufficient density to expose less than 30 percent of unstabilized ground within 90 days of planting and at all times thereafter (SCAQMD Rule 403, Table 2 [3Cj, amended July 9, 1993). • All active portions of the construction site shall be watered to prevent excessive amounts of dust. • On -site vehicle speed shall be limited to 15 mph. • All on -site roads shall be paved as soon as feasible, watered periodically, or chemically stabilized. • All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day. • All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 episodes. • All material transported off site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. (South Coast Air Quality Management District, CEQA Air Quality Handbook, 1993 and subsequent updates.) Notations specifying the above requirements shall be included with other notations on the grading plans to the satisfaction of the Manager, Subdivision and Grading, prior to issuance of any grading permit. Mitigation Measure #26 The proposed project will be required to comply with Title 24 of the California Code of Regulations established by the Energy Commission regarding energy conservation standards meeting the approval of the Manager, Building Inspection, prior to issuance of certificates of occupancy Mitigation Measure #27 The following measures are provided2 to reduce air pollutants generated by vehicle and equipment exhaust during the project construction phase: • The Construction Contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. • The Construction Contractor shall utilize electric or diesel powered equipment in lieu of gasoline powered engines where feasible. Based on recommendations as provided in the South Coast Air Quality Management District CEQA Handbook (1993 and subsequent updates). NEWPORT COAST PLANNED COMMUNITY PA 990042 PLANNING AREAS JA-2 & 3B Page 12 • The Construction Contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. • The Construction Contractor shall time the construction activities so as to not interfere with peak hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flagperson shall be retained to maintain safety adjacent to existing roadways. • The Construction Contractor shall support and encourage ridesharing and transit incentives for the construction crew. Mitigation Measure #28 The following measure would reduce or minimize air pollutant emissions associated with architectural coating application: • The Construction Contractor shall utilize as much as possible precoated/namral colored building materials, water -based or low-VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coatings application such as paint brush, hand roller, trowel, spatula, dauber, rag or sponge. This measure will be included in the construction plans and will be verified by the Manager, Building Permits, during plan check prior to issuance of building permits 7. NOISE, a & b, No Impacts Beyond FEIR No. 568 Within the Noise Analysis, Impact Section of EIR 568, acoustical impacts were identified regarding construction, traffic and aircraft noise. The project would result in an increase in existing noise levels. Shorterm increases would result during construction activities, and longterm increases would result from aircraft and vehicular noise. FEIR 511 utilized information from FEIR 485 and a previous noise study for PAs 3A and 3B. Exterior living areas of PAs 3A and 3B would experience noise levels in excess of 65 dBA CNEL from PCH and NCD, without considering intervening topography. The proposed project is within the El Toro Marine Air Corp Station (MCAS) Tustin Base sphere of influence. Additionally, the project site lies under the MCAS Tustin Reef helicopter route and may be affected by routine overflights of rotary wing aircraft. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project. The following mitigation measures ensure that people would not be exposed to noise levels in excess of County Standards. Mitigation Measure #29 Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable to the Manager, Development Services, that: (1) All construction vehicles or equipment, fixed or mobile, operated within 1,000' of a dwelling shall be equipped with properly operating and maintained mufflers. (2) All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control). (3) Stockpiling and/or vehicle staging areas shall be located as far as practicable from dwellings. Notations in the above format, appropriately numbered and included with other notations on the front sheet of grading plans, will be considered as adequate evidence of compliance with this condition. Mitigation Measure #30 Prior to issuance of any grading permits, the proposed project construction activities shall adhere to the specifications of the County of Orange Codified Ordinance, Division 6 (Noise Control), meeting the NEWPORT COAST PLANNED COMMUNITY PA 990042 PLANNING AREAS 3A-2 & 3B Page 13 approval of the Manager, PDSD, Subdivision and Grading. Specifically, Section 4-6-5, Exterior Noise Standards, provides exterior noise standards of 55 dBA from 7 a.m. to 10 p.m. and 50 dBA from 10 p.m. to 7 a.m. for all residential land uses. Noise levels are not allowed to exceed 20 dBA above the exterior noise level standard at any time, 15 dBA above the standard for a cumulative period of 1 minute per hour, 10 dBA above the standard for a cumulative period of 5 minutes per hour, 5 dBA above the standard for 15 minutes per hour, and the standard for a cumulative period of 30 minutes per hour Mitigation Measure #31 All residential lots and dwellings shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed a composite interior standard of 45 dBA CNEL in all habitable rooms, and a source exterior standard of 65 dBA CNEL in outdoor living areas. Evidence prepared by a County certified acoustical consultant, indicating that these standards will be satisfied in a manner consistent with Zoning Code Section 7-9-137.5, shall be submitted as follows: A. Prior to the recordation of a final tract map or prior to the issuance of grading permits, as determined by the Manager, Building Permits, the applicant shall submit an acoustical analysis to the Manager, Building Permits, for approval. The report shall describe in detail the exterior noise environmental 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. B. Prior to the issuance of any building permits for residential construction, the applicant shall submit an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards to the Manager, Building Permits, for approval, along with satisfactory evidence indicating that the sound attenuation measures specified in the approved acoustical report have been incorporated into the design of the project. C. Prior to the issuance of any building permits, the applicant shall show all freestanding acoustical barriers on the projeces plot plan illustrating height, location, and construction in a manner meeting the approval of the Manager, Building Permits. (County Standard Condition NI) 8. BIOLOGICAL RESOURCES, a through f, No Impacts Beyond FEIR.No. 568 Development of the project site has been previously analyzed in FEIRs 511 for NCPC, Phase I, and 553 for the County of Orange, Central & Coastal Subregion Natural Community Conservation Plan & Habitat Conservation Plan (NCCP/HCP). These previously certified EIRS identified impacts and mitigation measures to address these impacts. Although development has not taken place, the site has been approved for grading, which has proceeded, and a borrow site, which has been established. Site specific studies in 1994, 1995 and 1997 in support of the "Interim Take" authorizations pursuant to final NCCP/HCP authorizations included in FEIRs 511 and 553 were incorporated by reference into FEIR 568. In additional to the above, brief site reconnaissance of the project area was conducted in September, 1997, to verify previously documented conditions, and inspection of vegetation clearing was completed on December 5, 1997, The project site is within the NCCP planning area but is not within the NCCP Reserve System. No additional "take" approval for coastal sage scrub is required to implement the project. The project is consistent with the approved subregional or subarea NCCP/HCP and associated Implementation AgreemenN The threshold of significance for this project is based on the extensive previous analysis,documentation and regional planning for biotic resources in this area. FEIR Nos. 485, 511 and 553 addressed potential environmental effects of development of the project site. Final EIR 568 analyzed potential biological resource impact utilizing the following Impact Significance Criteria and were considered significant if they would: This language is contained in guidance issued by the California Department of Fish & Game and the U.S. Fish & Wildlife Service on March 17, 1995, entitled "California Environmental Quality Act (CEQA) Determinations of Significance Impacts under the Natural Community Conservation Planning (NCCP) Program. NEWPORT COAST PLANNED COMMUNITY PA 990042 PLANNING AREAS 3A-1 & 3B Page 14 • • Affect a sensitive, endangered or rare species beyond the impact previously identified and mitigated in EIR Nos. 485, 511 and 553. • Result in net loss of a sensitive biotic community at a level greater than previously identified in EIRNos. 485, 511 and 553. • Conflict with the adopted LCP or NCCP/HCP. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project. The following Requirements of Previous Approvals, County of Orange Standard Conditions and mitigation measures will ensure that potential impacts will be mitigated to a level less than significant. No new significant impacts are anticipated. Mitigation Measure #33 In accordance with the provisions of the adopted NCCP/HCP, no grading or fuel modification will be allowed within areas designated as Reserve except as provided for under the specific take authorizations contained in the 10a Permit (i.e., The Irvine Company has a maximum two acres authorization within the Reserve System). Prior to approval of grading permits, the current NCCP/HCP Reserve Boundary shall be plotted on the grading plan, to ensure that no grading occurs within the Reserve and to assist with monitoring compliance with the mitigation measures from FEIR No. 553, which are reiterated below. This requirement will be verified during plan check by the Manager, PDS/Subdivision and Grading Services. Mitigation Measure #34 Adjustments to the NCCP/HCP Reserve boundary may be necessary from time to time in response to unforeseen circumstances. Minor amendments are reviewed and approved by the Executive Director, and major amendments are reviewed and approved by the Board of Directors of the Nature Reserve of Orange County. These amendments can be considered only if the proposed boundary adjustment results in no loss to the total Reserve acreage and habitat resource value. Acreages and habitat resources proposed for addition must be equal or greater in both acreage and habitat resource value. All take authorizations must be recorded and/or amendments to the Reserve system boundaries must be approved prior to the issuance of any grading permit that involves an encroachment into the Reserve system. Applicable Mitigation Measures from FEIR No. 511 Mitigation Measure #35 Landscape plans for all graded areas will be approved by the Manager, PDS/Subdivision and Grading Services Division, prior to the issuance of grading permits. Refer to Part I, Land Use Plan, Chapter 3, Section L in Appendix H, EIR No. 485 (MCDP EIR 4.6-185/6-10). Mitigation Measure #36 An ecotonal buffer will be used at the interface between exotic landscaping and coastal sage scrub in compliance with LCP policies I-3-M, I-3-M-4 and I-3-M-8. This buffer will be shown on all landscape plans. The establishment and maintenance of the ecotonal areas will conform to the requirements of the County of Orange Fire Marshall and LCP policies I-3-M-5, I-3-M-6, 1-3-M-7 and I-3-M-8. Refer to Part I, Land Use Plan, Chapter 3, Sections L and M in Appendix H, EIR No. 485 (MCDP EIR 4.6- 185/6-11). This measure will be implemented through the master fuel modification improvements identified in the MCDP - Sixth Amendment. Fuel modification zones are utilized adjacent to natural open space along the eastern and western edges of the project site. On natural slopes, existing high fire hazard vegetation will be removed and replaced with appropriate plants from the fuel modification plant list. Existing acceptable vegetation will be thinned and pruned to reduce fuel load. PLANNINGAREAS M-2 & 3B Page is Manufactured slopes will be planted with acceptable plants from the fuel modification plant list (Table 2-C in the MCDP). The list is consistent with NCCP requirements for inclusion of native speciesplant material and design of landscape development buffers Mitigation Measure #37 All graded slopes (including remedial grading) along public open space will be stabilized and revegetated with drought tolerant plant species. Non-invasive, non-native plant species can be used if approved by a qualified botanist. Revegetation will take place as soon as is practicalaftergrading is complete in compliance with LCP policies I-3-1, -J, -K, -L. Irrigation will be applied where necessary to establish vegetation. Refer to Part I, Land Use Plan, Chapter 3, Section L in Appendix H, EIR No. 485 (MCDP EIR No. 485 4.6-185/Mitigation Measure 6-12, as modified). In accordance with the adopted Mitigation Monitoring Program, this measure will be verified after construction through plan check by the County Construction Inspector. Mitigation Measure #38 Vegetation may be removed in the construction and maintenance of proposed drainage, erosion control, and related facilities. Vegetation removal will be limited to the least required to construct and maintain such facilities (in compliance with LCP policies I-3-I-2, I-3-J-2 and I-3-I, -J, -K, -L) and shall be undertaken, to the extent feasible, in areas involving the least adverse impact to riparian vegetation. Where feasible, drainage, erosion control, and related facilities have been located outside areas containing riparian vegetation (MCDP EIR 4.6-185/6-13). Mitigation Measure 439 Proposed drainage, erosion control and related facilities will involve the least physical alteration to natural drainage course required to construct and maintain such facilities, and to the extent feasible involve the least adverse impact to the drainage courses. Where feasible, drainage, erosion control and related facilities have been located outside drainage courses as required for compliance with LCP policies I-3-D, I-4-F-7, I-3-D-1, I-3-F, I-4-E5 and I-3-17-3 (MCDP EIR 4.6-185/6-14). Applicable Mitigation Measures front FEIR No., 553 Mitigation Measure #40 To the maximum extent practicable, no grading of CSS habitat that is occupied by nesting gnatcatchers will occur during the breeding season (February 15 through July 15). It is expressly understood that this provision and the remaining provisions of these 'construction -related minimization measures," are subject to public health and safety considerations. These considerations include unexpected slope stabilization, erosion control measures, and emergency facility repairs. In the event of such public health and safety circumstances, landowners or public agencies/utilities will provide USFWS/CDFG with the maximum practicable notice (or such notice as is specified in the NCCP/HCP) to allow for capture of gnatcatchers, cactus wrens, and any other CSS Identified Species that are not otherwise flushed, and will carry out the following measures only to the extent as practicable in the context of the public health and safety considerations. This RPA will meet the approval of the Manager, PDS/Resource Planning, prior to issuance of grading permits Mitigation Measure #41 Prior to the commencement of grading operations or other activities involving significant soil disturbance, all areas of CSS habitat to be avoided under the provisions of the NCCP/HCP shall be identified with temporary fencing or other markers clearly visible to construction personnel. This fencing will be clearly marked on all grading plans. Additionally, prior to the commencement of grading operations or other activities involving disturbance of CSS, a survey will be conducted to locate gnatcatchers and cactus wrens within 100 feet of the outer extent of projected soil disturbance activities, and the locations of any such species shall be clearly marked and identified on the construction/grading plans. This RPA will meet the approval of the Manager, PDS/Resource Planning, prior to issuance of grading permits Mitigation Measure #42 NEWPORT COAST PLANNED COMMUNITY PA 990041 PLANNING AREAS M-2 & 3Q Page 16 0 A monitoring biologist, acceptable to USFWS/CDFG, will be on site during any clearing of CSS. The landowner or relevant public agency/utility will advise USFWS/CDFG at least seven (7) calendar days (and preferably fourteen (14] calendar days) prior to the clearing of any habitat occupied by Identified Species to allow USFWS/CDFG to work with the monitoring biologist in connection with bird flushing/capture activities. The monitoring biologist will flush Identified Species (avian or other mobile Identified Species) from occupied habitat areas immediately prior to brush clearing and earthmoving activities. If birds cannot be flushed, they will be captured in mist nets, if feasible, and relocated to areas of the site to be protected or to the NCCP/HCP Reserve System. It will be the responsibility of the monitoring biologist to assure that identified bird species are not directly impacted by brush clearing and earthmoving equipment in a manner that also allows for construction activities on a timely basis. This RPA will meet the approval of the Manager, PDS/Resource Planning, prior to issuance of grading permits Mitigation Measure #43 Following the completion of initial grading/earth movement activities, all areas of CSS habitat to be avoided by construction equipment and personnel will be marked with temporary fencing other appropriate markers clearly visible to construction personnel. No construction access, parking, or storage of equipment or materials will be permitted within such marked areas. This RPA will meet the approval of the Manager, PDS/Resource Planning, prior to issuance of grading permits Mitigation Measure #44 In areas bordering the NCCP Reserve System or Special Linkage/Special Management areas containing significant CSS identified in the NCCP/HCP for protection, vehicle transportation routes between cut -and -fill locations will be restricted to a minimum number during construction consistent with project construction requirements. Waste dirt or rubble will not be deposited on adjacent CSS identified in the NCCP/HCP for protection. Preconstruction meetings involving the monitoring biologist, construction supervisors, and equipment operators will be conducted and documented to ensure maximum practicable adherence to these measures. This RPA will meet the approval of the Manager, PDS/Resource Planning, prior to issuance of grading permits Mitigation Measure #45 CSS identified in the NCCP/HCP for protection and located within the likely dust drift radius of construction areas shall be periodically sprayed with water to reduce accumulated dust on the leaves, as recommended by the monitoring biologist. This RPA will meet the approval of the Manager, PDS/Resource Planning, prior to issuance of grading permits Mitigation Measure #46 The fuel modification zone, as approved by the Orange County Fire Authority, shall be entirely outside the Reserve of Orange County. The Orange County Fire Authority Fuel Modification Plant List (June 18, 1997) (included in Appendix I) shall be used as a guideline in preparation of the fuel modification plan and landscaping plant palette for the areas between the project and the Reserve, including Crystal Cove State Park. A wildlife biologist and/or a restoration ecologist familiar with native habitats should be consulted concerning the use of appropriate plant species and landscape design that best fits the adjacent habitat and provides a naturally appearing interface. This RPA shall meet the approval of the Orange County Fire Authority with concurrence from the Manager, PDS/Resource Planning, prior to issuance of grading perm Mitigation Measure #47 All mitigation measures that involve the NCCP Reserve System, including decisions/recommendations by the monitoring biologist, must be approved by the County Biological Resources Monitor prior to their implementation. The landowner and/or his agent(s) shall also notify the County Biological Resources Monitor at least seven days in advance of any pre -construction and/or pre -grade meeting and any field meeting involving the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Environmental Protection Agency and/or the California Department of Fish and Game with respect to activities that may directly or indirectly affect the Reserve System. This will ensure that the County Monitor is involved at the appropriate times through project completion. NVYPORT COAST PLANNED COMMUMTY PA 990042 PLANNING AREAS 3A-2 & 3B Page 17 Mitigation Measure #48 The mitigation for clearing of 7.9 acres of coastal sage scrub vegetation in PA 3A-1 and PA 3A-2 is described in a June 27, 1994, letter from the U.S. Fish and Wildlife Service (USFWS) to The Irvine Company and in the Coastal Sage Scrub Habitat Restoration Plan - Wishbone/Crystal Cove State Park (LSA, May 8, 1995). Both of these documents are on file with the County and are included in Appendix J of this EIR. The following points summarize the compliance with these measures: • The fuel modification and landscaping issues noted in the USFWS letter are addressed in RPA 8- 16. • Coastal sage scrub revegetation along Pacific Coast Highway is associated with another project, PA 3A-1. • Installation of 7.9 acres of coastal sage scrub restoration in Los Trancos Canyon was completed, in accordance with the above referenced Habitat Restoration Plan, in December, 1996. Annual reports are being provided to the County. • Graded slopes on interior project roads will not be revegetated with coastal sage scrub vegetation, as originally requested by the USFWS, pursuant to subsequent discussions with the USFWS and the County. Mitigation Measure #49 Mitigation for the loss of two acres of coastal sage scrub habitat on Planning Areas 3B, 12C, and 14 is specified in a December 7, 1995, letter from the County to the USFWS, "Special 4(d) Rule Interim Habitat Loss Mitigation Plan and Findings for Newport Coast Planned Community: Newport Coast Park; PA 2A-1; portions of Wishbone; and San Joaquin Hills Planned Community - PA 13 Extension." In addition to the open space dedication specified as part of the Newport Coast development program, the identified measures and the status of their implementation are summarized.as follows: • A five year program for the abatement of artichoke thistle on 26 acres in Buck Gully has been underway for two complete seasons. • Experimental techniques to improve the habitat value by promoting the return of native coastal sage scrub and grassland habitat have been initiated Mitigation Measure #50 First time homebuyers shall be clearly advised in writing with a statement by the developer, or agents or assigns, of the implications of living adjacent to natural open space areas, prior to any sales transaction. This statement shall be approvedby the Manager, Environmental and Project Planning Services prior to the issuance of building permits. It shall include items such as: a warning about the dangers and nuisances posed by wildlife that may forage in the development edge; the responsibilities and benefits that are associated with living near such an area; and fire related management and the potential need to conduct controlled burns. This statement shall be written to foster an appreciation of wildlife and to identify measures that shall be taken to minimize conflicts between wildlife, domestic animals, and humans, such as restricting free roaming domestic cats. Restrictions and minimization measures shall also be included in the Covenant, Codes and Restrictions on the properties. Mitigation Measure #51 Prior to Issuance of grading permits for lots within TTM 15444 and TTM 15446, restoration plans for any damage to existing native vegetation to be preserved, due to project grading and construction, shall be prepared and submitted to the County Subdivision and Grading Division Manager for review and approval. The plans shall specify seeding and planting small container plants of the same species that are affected by project grading. The plans shall also include maintenance and monitoring guidelines, and performance standards NEWPORT COAST PLANNED COMMUNITY PA 990a42 PLANNING AREAS 3A-1 & 3R Page 18 0 • 9. AESTHETICS, a through d, No Impacts Beyond FEIR No. 568 The project area aesthetics, visibility of project resources, and the protection of sensitive visual resources within Newport Coast are addressed in the Local Coastal Program (LCP), 20d Amendment. Visual impacts of the NCPC have also been analyzed and disclosed in previous Newport Coast environmental documents (FEIR Nos. 568, 511 & 485). The LCP identified the following visually significant resources visible from PCH: • Los Trancos Canyon • Lower Wishbone • Moro Hill • Pacific Coast Highway The project site is located contiguous to PCH, in the Lower Wishbone area. Additionally, the northwest boundary of the project site is located partially within the Los Trancos Canyon area. Moro Hill is within Crystal Cove State Park. These resources are identified as "Visually Significant Lands" in the LCP. The LCP identifies the ocean as the dominant visual resource in all cases, views of which will not be affected by the proposed project. The LCP, in the visual analysis (LCP, Appendix 6), identified two visual zones that characterize the viewshed: • The coastal plan, and • The coastal mountain range. The proposed project is entirely within the area defined as coastal plain. The impact significance criteria developed for FEIR 568 to address visual and aesthetic resources unique to the project site was based upon a combination of LCP guidelines and resource analysis representing the Coastal Commission determination of important visual resources. To assist in determining the degree of significance of degradation and/or alteration to the site's natural character and visual resource, EIR 568 incorporated by reference the impact assessment in EIR 485 for the Irvine/Newport Coast Planned Development that focused on the effect of the changes to the aesthetic value of the resource. Changes to the aesthetic value of the resources were evaluated using the following framework: I. Aesthetic Value Preserved. No improvements visible from vantage points. For these cases, either improvements do not exist within the viewframe, or they are screened in some manner. 2. Aesthetic Value Slightly Affected. Some encroachment of proposed improvements occurs into the viewframe; however, it is visible only intermittently or in small proportions. 3. Aesthetic Value Moderately Affected. Improvements encroach into the viewframe and are obvious to the viewer. Modifications to surrounding features are prevalent. 4. Aesthetic Value Significantly Affected. Improvement dominate the viewframe, and natural site features are substantially modified to accommodate improvements. EIR 568 concluded that the aesthetic impacts that are considered significant can be minimized through requirements of previous approvals, standard conditions and incorporating sensitive project design. However, these impacts will not be eliminated. A Statement of Overriding Consideration was adopted during the approval and certification process for FEM 568. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project. Mitigation Measure #53 Development/open space boundaries in the project area will be designed to standards contained in the LCP (Second Amendment). These policies specify treatments to protect open space and habitat values from development, protect public views, and/or provide fire safety. Measures include landscape screening, a setback of structures and parking 100 feet from PCH for buffering purposes, and fuel modification zones at project edges adjacent to Los Trancos Canyon and Muddy Canyon, NEWPORT COAST PLANNED COMMUNITY PA 990041 PLANNING AREAS 3A-1 & 3B Page 19 which preserve native vegetation as much as possible, consistent with provision of adequate protection of residential structures from fire hazards (Newport Coast LCP Second Amendment - Section 4.12, Public Services and Utilities). Landscape plans shall incorporate the landscape palette from EIR No. 553. The landscape plans shall be prepared in consultation with Managers, PFRD/HBP/Coastal Facilities/Open Space and Trails. This RPA will be verified by the County of Orange, Subdivision and Grading Manager, prior to approval of grading plans and issuance of grading permits, or, where no grading permit is required, prior to building permit issuance Mitigation Measure #54 The proposed project shall implement the Planned Community District Regulations contained in the implementation program for the LCP (Second Amendment), which provide site development standards for planned land uses that will act to enhance the visual appearance of the proposed project. Examples of the types of development standards that protect and enhance aesthetic values include: building setbacks, open space requirements, screening measures, landscape guidelines, and control of lighting features. Site development standards applicable to the project planning areas are outlined in Section 4.1, Land Use and Planning. This RPA will be verified by the Manager, Subdivision and Grading, prior to approval of grading plans and issuance of grading permits (LCP - Second Amendment Mitigation Measure #55 A. Prior to the issuance of precise grading permits, the applicant shall prepare a detailed landscape plan for privately maintained areas. The plan shall be certified by a licensed landscape architect or a licensed landscape contractor, as required, as taking into account approved preliminary landscape plan (if any), County Standard Plans, adopted planned community regulations, scenic corridor and specific plan requirements, Grading and Excavation Code erosion control requirements, Subdivision Code, Zoning Code, and conditions of approval, Water Conservation Measures contained in Board Resolution 90-487 (Water Conservation Measures) and Board Resolution 0-1341 (Water Conservation Implementation Plan). Said plan shall be reviewed and approved by the Manager, Subdivision and Grading. B. Prior to the issuance of certificates of use and occupancy, applicant shall install said landscaping and irrigation system and shall have a licensed landscape architect or licensed landscape contractor, certify that it was installed in accordance with the approved plan. The applicant shall fumish said certification, -including an irrigation management report for each landscape irrigation system, and any other implementation report determined applicable, to the Manager, Building Inspection, prior to the issuance of any certificates of use and occupancy (County Standard Condition LA2). 10. CULTURAL/SCIENTIFIC RESOURCES, a through e, No Impacts Beyond FEIR No. 568 The coastal area between Newport Beach and Laguna Beach contains over 100 prehistoric archaeological sites. The initial compilation of baseline data for archaeological resources was obtained from two sources: the Archaeological Survey, University of California Los Angeles, and the County of Orange Public Facilities & Resources Department (PFRD), formerly the Environmental Management Agency. Data recovery excavations for archaeological sites were conducted (The Keith Companies, 1994) in accordance with conditions of previous Irvine Coast aprovals. The excavation work was a condition of approval of Tentative Tract Map (TTM) 13337 (2" revised) for the larger Newport Coast Planned Community, and was conducted pursuant to specifications outlined in the research design for the Irvine Coast Archaeological Project (EIR No. 485, Macko, 1988). FEIR No. 568 identified that three archaeological sites (CA-ORA-339, CA-ORO-928, and CA-ORA-929) are or were either partially or completely withimthe boundaries. Grading permit No. GA 940056 was issued for the previously proposed Wishbone Hill Residential project (TTM 14064) approved with FEIR No. 511. Subsequent to grading permit issuance, the Wishbone Hill project site was rough graded, including the PA 3A portion of the project site. The data recovery of site CA-ORA-339 was completed prior to site grading. NENPORT COAST PLANNED COMMUNITY PA 990042 PLANNING AREAS 3A•2 & 3B Page 20 Regional geologic units represented in the NPCP area include the Vaqueros, Topanga, and Monterey Formations; San Onofre Breccia (Miocene Age); and some marine terrace deposits of late Pleistocene age. All of these formations except for the San Onofre Breccia have yielded significant fossils in Orange County. No known paleontological localities have been identified within the boundaries of the project site (Macko, September, 1997). A walkover survey conducted prior to the issuance of Grading Permit GA940056 revealed isolated fossil debris. The general distribution of the paleontological localities within the Crystal Cove area implies that the subsurface distribution of fossils is extensive (Macko, 1995). Surface modification and excavation on the site are expected to expose additional localities and specimens. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project. Mitigation Measure #56 Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the Manager, PDS/Subdivision and Grading Services, that a County certified archaeologist has been retained, shall be present at the pre -grading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the project developer, for exploration and/or salvage. The archaeologist shall submit a follow-up report to the Manager, PFR/HBP/Coastal & Historical Park Section, which shall include the period of inspection, an analysis of any artifacts found and the present repository of the artifacts. Excavated finds shall be offered to the County of Orange, or designee, on a first refusal basis. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Manager, PFR/HBP/Coastal & Historical Park Section (County Standard Condition No. A4). Mitigation Measure #57 Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the Manager, PDS/Subdivision'and Grading Services, that a County certified paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre -grading conference, shall establish procedures for paleon- tological resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If major paleontological resources are discovered, the paleontologist shall determine appropriate actions, in cooperation with the project developer, which ensure proper exploration and/or salvage. Excavated finds shall be offered to the County of Orange, or its designee, on a first -refusal basis. The paleontologist shall submit a follow-up report for approval by the Manager, Coastal & Historical, which shall include the period of inspection, a catalog and analysis of the fossils found, and present repository of the fossils. These actions, as well as final mitigation and disposition of the resources, shall be subject to approval by the Manager, PFR/HBP/Coastal & Historical Park Section (County Standard Condition No. A7). 11. RECREATION, a, b, and c, No Impacts Beyond FEIR No. 568 Major recreational facilities in the vicinity of the project site include Crystal Cove State Park and Beach, operated by the State Department of Parks and Recreation, Aliso and Woods Canyon Regional Park, and Laguna Coast Wilderness park, both County operated parks. Aliso & Woods Canyons Parks are approximately eight miles southeast of the project site. The Laguna Coast Wilderness Park is composed of approximately 6,300 acres, and in the future will include Los Trancos Canyon, and portions of the upper reaches of Muddy Canyon. Local community recreational facilities in the project vicinity, both planned and existing, also provide recreational opportunities for the residential community and area visitors. NEWPORT COAST PLANNED COMMUNITY PA 990042 PLANNING AREAS 3A-2 & 3B Page 21 The Newport Coast Local Coastal Program (LCP) provides for the development of a number of recreational planning areas to serve the needs of the NCPC. These areas will include a proposed recreation/equestrian center, additional trail linkages to Crystal Cove State Park and the portions of the Laguna Coast Wilderness Park within the NCPC and open space/wildlife movement corridors, which provide a comprehensive network of open space and recreational areas for the proposed project and rest of the NCPC. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project. The following Mitigation Measures, Standard Conditions, and Requirements of Previous Approvals will ensure that impacts will reduced to a level less than significant. Mitigation Measure #58 Prior to approval of any subdivision map, a Local Park Implementation Plan (LPIP) update and amendment shall be processed subject to the approval of the Manager, PFRD/HBP Project Management and Coordination, and the Orange County Subdivision Committee. Mitigation Measure #59 Prior to issuance of the grading permit, the proposed project shall comply with the Commuter Bikeways Strategic Plan. Landscaping along PCH shall reflect the approved landscape plans, including the approved plant palette, and shall not obstruct the line of sight between bicyclists on Pacific Coast Highway and drivers entering and exiting the project site. This RPA shall be verified by the Manager, PFRD/HBP, Program Management and Coordination . Mitigation Measure #60 A. Dedication of Scenic Preservation Easements - Prior to the recordation of applicable final tract maps, the subdivider shall dedicate to the County of Orange or its designee, a 100 foot wide scenic preservation easement over the area adjacent to Pacific Coast Highway, and a scenic preservation easement over the open space and fuel modification areas adjacent to Crystal Cove State Park, the golf course, Las Trancos Canyon, and the private open space area in PA 12B, in a manner meeting the approval of the Manager, PFRD/HBP Program Management and Coordination. Maintenance, upkeep, and liability for said easement area shall remain the responsibility of the subdivider or his assigns and successors (i.e., Homeowners' Association) or current underlying owner(s) of said easement area, and shall not be included in said dedication offer. The subdivider shall not grant any easement over any property subject to said easement, including utility easements, unless such easements are made subordinate to said easement offer in a manner meeting the approval of the Manager, PFRD Harbors, Beaches and Parks/Program Management and Coordination. Any utility easements shall be subject to the approval of the Manager, PFRD Harbors, Beaches and Parks/Program Management and Coordination. Limitations and restrictions for said easement shall be recorded by separate document concurrent with the recordation of subject map in a manner meeting the approval of the Manager, PFRD Harbors, Beaches and Parks/Program Management and Coordination. B. Prior to the recordation of any map, the subdivider shall survey and monument all parcels of the land to be dedicated for scenic preservation easement purposes, and submit plans showing how the development boundaries of the scenic preservation easement parcel(s) are marked to be visible for monitoring purposes by grantee to the satisfaction of the Manager, Harbors, Beaches and Parks/Program Management and Coordination in consultation with Manager, HBP/Coastal and Historical Parks. Mitigation Measure #61 Landscape Plans for Scenic Preservation Easements - The above described, scenic preservation easements shall be landscaped, equipped for irrigation, and improved in accordance with an approved plan as follows: NEWPORTCOAST PLANNED COMMUNITY PA 990042 PLANNING AREAS M-1 & 3B Page 22 A. Preliminary Plan - Prior to recordation of applicable final tract maps, an agreement shall be entered into and financial security posted guaranteeing landscape improvements and the maintenance thereof, based on a preliminary landscape concept plan, showing major plant material and uses with a cost estimate for the landscape improvements. The preliminary plan and cost estimates shall be reviewed and approved by the Manager, Subdivision and Grading, in consultation with Manager, PFRD/HBP Asset Management and Coordination. Said plan shall take into account the County's Standard Plans for landscape areas, adopted plant palette guides, applicable scenic and Specific Plan requirements, Water Conservation Measures contained in Board Resolution 90-487 (Water Conservation Measures), and Board Resolution 90-1341 (Water Conservation Implementation Plan) (County Standard Condition LA1.1, Part A, as amended). B. Detailed Plan - Prior to the issuance of any building permit(s), the applicant shall submit a detailed landscape plan for approval to the Manager, Subdivision and Grading, in consultation with the Manager, PFRD/HBP Asset Management. Detailed plans shall show the detailed irrigation and landscaping design. C. Installation Certification - Prior to the issuance of final certificates of use and occupancy and the release of the financial security guaranteeing the landscape improvements, the applicant shall install said improvements and have the installation certified by a licensed landscape architect or licensed landscape contractor as having been installed in accordance with the approved detailed plans. The applicant shall furnish said certification, including an irrigation management report for each landscape irrigation system, and any other required implementation report determined applicable to the Manager, PFRD/Construction, and the Manager, PFRDBuilding Inspection, prior to the issuance of any certificates of use and occupancy (County Standard Condition LAI.1 12. ENERGY and MINERAL RESOURCES, a & b, No Impacts Beyond FEIR No. 568 The proposed project would not result in abnormally high consumption of fuel or energy or increase demand on existing sources of energy or require the development of new sources of energy beyond those addressed in FEIR 568. The consumption rate associated with the project falls within energy projection/use incorporated during the planning process. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project. 13. HAZARDS, a through e, No Impacts Beyond FEIR No. 568 The site is located in an area to be developed into residential uses permitted by the Newport Coast Planned Community. Approval of the required Coastal Development Permit, which establishes uses and regulates the impacts of the uses permitted by the applicable district shall ensure compliance with codes relevant to fire hazards. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIR No. 568. EIR No. 568 provides adequate documentation for the proposed project. The following Mitigation Measures, Standard Conditions, and Requirements of Previous Approvals will ensure that impacts will reduced to a level less than significant. Mitigation Measure #64 Prior to the recordation of a subdivision map, the subdivider shall submit plans to the Fire Chief for review and approval to ensure adequate fire protection and financial security are posted for the NEWPORT COAST PLANNED COMMUNITY PA 990042 PLANNING AREAS 3A-2 & 3B Page 23 r installation. and approved by the Fire Chief (OCFA Standard Condition FPI-4, 6A- C, 7A,B,8,9A,B,10,1-15,18-21). Mitigation Measure #65 As specified in the OCFA General Guidelines for Development Within and Exclusion From Special Fire Protection Areas, effective March, 1996, a property which is designated as being within a Special Fire Protection Area may later be excluded from the Special Fire Protection Area upon a finding by the Fire Chief that inclusion of the property within a Special Fire Protection Area and the application of the Special Fire Protection Area requirements to the property are no longer necessary for effective fire protection within the area to be excluded. The conditions for such an exclusion are as follows: • A fuel modification zone meeting the requirements of the OCFA as described in the OCFA Fuel Modification Guidelines shall be created and maintained on and/or adjoining the property. 1. The CC&Rs recorded against all property within the homeowners' association shall require specifically budgeted funds sufficient to meet the ongoing maintenance obligations of the applicable fuel modification requirements. 2. The Fuel Modification Zone shall be subject to an annual inspection conducted by a representative of the Fire Marshal in order to assure that the Fuel Modification zone continues to be maintained in compliance with eh applicable fuel modification requirements. A reasonable fee, to be established by the OCFA may be charged to each homeowner or homeowners' association subject to the fuel modification requirements to offset the costs of the annual inspection. • Any occupied structure on any lot which adjoins a Special Fire Protection Area shall be constructed in compliance with all requirements of the Uniform Building Code and Uniform Fire Code and the requirements applicable to dwellings or occupied structures build on lots within Special Fire Protection Areas. For purposes of these guidelines, adjoining means the first row of buildings bordering a Special Fire Protection Area. Fire sprinklers shall not be required unless otherwise provided for by other applicable provisions of the Uniform Building Code or the Uniform Fire Code. • In addition, all construction within a tract which is to be removed from a Special Fire Protection Area shall have Class A roof assemblies. • To request a conditional exclusion of the property from an Special Fire Protection Area, a letter must be submitted to the Deputy Fire Marshal, OCFA Planning and Development Section, pursuant to the requirements of the Special Fire Protection Area Guidelines, and in accordance with County Ordinance 3959 14. & 15. PUBLIC SERVICES AND UTILITIES, a through e, No Impacts Beyond FEIR No. 568 Within the Impacts Section of Public Services and Utilities of EIR 568, impacts were identified regarding police, fire, health care, school, water, waste water, energy, telephone, and cable vision services. The collection of the State mandated facility fees as well as the County established fees/assessment programs will ensure the timely development of the project. Project impacts compared to impacts described in EIR No. 568 Establishment of 33 production single family homes, PA 3A-2a, 2b, 2c, does not change any of the analysis or conclusions in EIRNo. 568. EIR No. 568 provides adequate documentation for the proposed project. FINDINGS: 1.. AB 3158 FEE EXEMPTION: Find that pursuant to Section 711.4 of the California Fish and Game Code, this project is exempt from payment of required fees as it has been determined that the required fees have been paid, EIR 568, Receipt Document Number 1998500504, 5/18/98. NEWPORT COASTPLANNED COMMUNITY PA 990041 PLANNING AREAS M4 & 3B Page 24 E n u 2. The proposed project will be beneficial in achieving both long-term and short-term goals; it will provide both employment opportunities as well as additional housing opportunities for the future. 3. There are no cumulatively impacts beyond those addressed in FEIR 568. The proposed project will generate additional vehicular movement since the project site is currently undeveloped. 4. The project as proposed will not have any adverse affects or impacts on humans or otherwise beyond those addressed in FEIR 568. 5. Final EIR 568, which was certified on May 5, 1998, satisfy the requirements of CEQA for this project. DETERMINATION: I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because Program EIR 568, previously certified, with mitigation measures will ensure that any impacts will mitigated to a level less than significant. EIR 568 found that although mitigation measures, Standard Conditions, and Requirements of Previous Approvals and project design features will lessen the unavoidable adverse impacts, certain impacts cannot be reduced to below a level of significance or avoided through project alternative. These remaining unavoidable significant impacts are clearly outweighed by economical, social and other benefits of the Project, as set forth in the Statement of Overriding Consideration. NEWPORT COAST PLANNED COMMUNITY PA 990042 PLANNING AREAS 3A-2 & 3B Page 25 Orange County Fire Authority 180 S. Water St. • Orange, CA 92866-2123 • (714) 744-0400 Planning and Development Services Section May 12, 1999 County of Oxange_ Reguleion%Development Services P.O. Box 4648 Santa Ana, Ca. 92702-4048 Attention: If1-1 Ivleltorr P? Subject: Tract Number 15586 15z Conditions have been previously set for TT15586 (see attached), no additional comments at this time. If you have any question, please call me at (714) 744-0501. Respectfully, /P A /� Dennis J. Grubb Fire Safety Specialist Development Review Serving the Cities orBuena Park • Cypress • Dana Point • Uvme • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest • La Palma • Los Alamitos • Mission Viejo • Placentia San Clemente • Son Juan Capistrano • Seal Beach • Stanton • Tustin • Villa Pork • Westminster • Yorba Linda and Unincorporated Arens of Orange County RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES ORANGE COUNTY FIRE HORITY/PLANNING AND DEVEQPM ENT SERVICE REQUEST '�}q /d z N2 032307 Planning Applicant' Please review the Planning Submittal Criteria Form prior to completing this Service Request. Building Plan Review Applicant: Please review the Building Plan Review Submittal Criteria Form and complete the Permit Screening Form prior to completing this Service Request. Permit Screening Form must be submitted with your plans. All information must be included to review plans in an expeditious manner. For questions, please contact OCFA Planning & Development at (714) 744-0403. JURISDICTION USE ONLY • , , , 'DATE BUILDING.DEPT. REFERENCENO. pLANNBQG.DEP'r. REFERENCE NO. SIGNATURE, CITY/COUNTY STAFF ' • ' ,i r� � /� Lia/ 9i • � � li ADDRESS PLAN SUBMITTED AT THE OCFA FACIrLI}TTYY?? 0 YES-� NO G\ -��� RESUBMITTAAtL- 0 YES c❑ NO PROJECT NAME: PROJECT ADDRESS: `'f ��'`V�""•4PROJE `JURISDICTION: ZIP CODE WITH EXTENSION:- r~�V PHU:' f, CONTACT NAME: DEPENDING ON THE STAGE OF YOUR PROJECT, AT LEAST ONE OF THE FOLLOWING DATA ELEMENTS ISMANDATORY: t TRACT#/LOT#: - " PARCEL MAP: -� T TAT1V .TRA #/LOT#: .COMMUNITYNAME: ,0 . • `Nw..$ It V4+d n..,:.sl�'-�..i .� I HEREBY AUTHORIZE THE FOLLOWING PROJECT/PLANS REVIEW -SERVICES AND•AGREE TO PAY ALL FEES PRIOR TO ISSUANCE OF APPROVALS OR BUILDING PERMITS. I ALSO ACKNOWLEDGE REEb#W' TyDF',/k:COPY HEREOF. SIGNED X Service. Requested: (select from service codes on reverse). 1 APPLICANT 1 4 JURISDICTION USE ONLY j } ;FIRE Ai1THORITY USE ONLY; SERVICE CODES AMTCOLLEOTED COMPLETELISERVICBS 1 UNPI'# ACTUALFEE t' $ eti �57. QXI ' , , i, CITY/COUNTY PROCESSING '�✓•_. 977 - .. i FEE: �- DA E Pr S RECEIqPT �No.- OCFA: ��SS Initial Amount Collected: $ 7 G C R� / / I Sub -Total Due to Additional Balance Due $ Refund of OCFA Fee, if any: or � Refund Amount: $ Total Fee Due to OCFA: COMMENTS: FORM ROUTING: I) NfiIIE: FIREAUTHORITY: 2) CANARY: REFUND/PAYMENT; 3) PINK: BLDG DEPT.: A) GOLD: CUSTOMER AIL w F1211-320 frvn71__ • V---1 • .4 Planning and Development Services Department Current Planning Services Division Site Planning And Consistency Section 300 N. Flower Street P. O. Box 4048 Santa Ana, CA,_92702 DATE: October 18, 1999 ` 1 TO., d DEPT./DIST_ r FROM: ief, Site Planning Section — .J SUBJECT Planning Application PA99-0152 Coastal Development to ZA File Date October 4, 1999 Response Date: November 8, 1999 Planner: Bill Melton 834-2541 fax 834-4652 Project Charge No. PP55528 other Dept EP55528 PROPOSAL Coastal Development permit to allow construction of 11 detached residential pool cabana /garage or guest houses. Revision,.to previously approved PA98- 0049. LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast Please review the attached proposal and return any comments or recommendations that you might care to offer. Returned comments, including a "no comment" are requested as an indication that you have received the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee with your approval. If you indicate no comment we will not send revised plans for your review unless significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct your comments to the planner assigned as noted above, or myself. Thank you for your cooperation. Charles M. Shoemaker, Section Chief Initial Plans: xx Revised Plans: PLEASE RETURN THIS FORM No Comment See Attached / Comments as follows By; Date: 1 0 t I `19 Total Hours in Review j 0 Planning and Development Services Department Current Planning Services Division Site Planning And Consistency Section 300 N. Flower Street P. 0. Box 4048 Santa Ana, CA, 92702 FROM: Chief, Site Planning Section DATE: October 18, 1999 SUBJECT Planning Application PA99-0152 Coastal Development to ZA File Date October 4, 1999 Response Date: November 8, 1999 Planner: Bill Melton 834-2541 fax 834-4652 Project Charge No. PP55528 other Dept EP55528 PROPOSAL Coastal Development permit to allow construction of 11 detached residential pool cabana /garage or guest houses. Revision to previously approved PA98- 0049. LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast Please review the attached proposal and return any comments or recommendations that you might care to offer. Returned comments, including a "no comment" are requested as an indication that you have received the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee with your approval. If you indicate no comment we will not send revised plans for your review unless significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct your comments to the planner assigned as noted above, or myself. Thank you for your cooperation. Charles M. Shoemaker, Section Chief Initial Plans: xx Revised Plans: PLEASE RETURN THIS FORM No Comment See Attached V Comments as follows M Date: Total Hours in Review County of Orange DATE: October 20, 1999 M F� TO: Bill Melton, Planner, Site planning Section FROM: Acoustics, Building Permit Services SUBJECT: Planning Application PA99-0152 Coast Development to ZA T 15586 Project No. EP/PP55528 THE SUBJECT HAS BEEN SCREEN: ❑ We have no comments because this property is located: ❑ Not within the noise referral zone of 60 dB CNEL ❑ We have comments because this property is located: ❑ Within area of CNEL 60 dB or higher ❑ Within dB CNEL zone of airport or routine overflight • Is noise sensitive land use, and is large in nature • Is adjacent to proposed transportation corridor. • And may generate noise in excess of Orange County Standards • It is during this initial evaluation of a project that the effect of existing development, topographic features, or other such noise attenuation measures is considered, although at a very general level of details. Acoustical analysis reports shall be prepared in any instances where there is the possibility of unacceptable noise impacts. Thus, unless it can be shown with certainty that the project is outside the area that has a CNEL of 60 or more decibels, an acoustical analysis report will be required. ❑ Others: ♦ We recommended the following conditions: Standard Condition Of Approval (N's) • Detailed Analysis Noise Report ------------------------------------- NI ❑ Acknowledgment of airport activity --------------------------------- ❑ Avigation Easement ---------------------------------------------- ❑ "Aircraft Noise Impact Area" Signs ----------------------------------- ❑ Statement of overflight acknowledgement --------------------------- • Compliance with Noise Ordinance & Grading Code ---------------- N7 & N9 • Statement of proposed transportation Corridor Impact ------------ N10 ❑ Notification to Department of Real Estate of property being adjac n o tr T rtation corridor ------------------------------ By:/l� Ernie A Wernes PDSWOMIA.I'99 ° e <tFOR�` County of Orange DATE: February 1, 2000 TO: County Clerk FROM: George Britton, Manager, Environmental & Project Planning Services Division SUBJECT: Previously PaidAB 3158 Fish and Game Fees PROJECT: Coastal Development Permit PA 990152 Modification to Planning Application (PA) 980049, previously approved by the OC Planning Commission on 7/7/98, which established 33 Single Family (SFD) detached units. Subsequent PA 990042 was approved 6/28/99 for minor alterations to lot lines and grading. The proposed project includes modifications to lots 12,17, 19-20, 25, 27, 29, 33-34, 36, and 39 that would permit perspective buyers of those lots the option of choosing to include either a Pool Cabana, a Garage with a work alcove; or Guesthouse all within the same footprint to be included with the single family dwelling proposed for those lots. This is to inform you that the Fish & Game Fees for the above referenced project have previously been paid to you office. The previous Notice of Determination for the earlier phase of this project was filed as follows: Date of Payment: 5/18/98 Fee Receipt Number: 19988500504 (74251) A copy of the receipt is in your offices. In accordance with Section 711.4(g) of the Fish and Game Code no additional AB 3158 fees are required for this project and the Notice of Determination should be accepted and filed by your office. Should you have any questions regarding this project please contact: EPD Contact Person: Lyn Ahrens Telephone Number: (714) 834-5154 George Britton, Manager Environmental & Project Planning Services Division By: Attachment: Copy of Receipt w Planning and Development Services Department Current Planning Services Division Site Planning And Consistency Section 300 N. Flower Street P. O. Box 4048 Santa Ana, CA, 92702 TO: �, <.q/an"/,/ FROM: Chief, Site Planning Section RECEIVED OCT 19 1999 BY: • • October... SUBJECT Planning Application PA99-0152 Coastal Development to ZA File Date October 4, 1999 Response Date: November 8, 1999 Planner: Bill Melton 834-2541 fax 834-4652 Project Charge No. PP55528 other Dept EP55528 PROPOSAL Coastal Development permit to allow construction of 11 detached residential pool cabana /garage or guest houses. Revision to previously approved PA98- 0049. LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast Please review the attached proposal and return any comments or recommendations that you might care to offer. Returned comments, including a "no comment" are -requested as an indication that you have received the proposal. Comments must be returned by the date indicated or it must be presumed that the project meets with your approval. If you indicate no comment we will not send revised plans for your review unless significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct your comments to the planner assigned as noted above, or myself. Thank you for your cooperation. Charles M. Shoemaker, Section Chief Initial Plans: xx Revised Plans: PLEASE RETURN THIS FORM No Comment See Attached c-" Comments as follows BY:M �� Y1i7aiU� Date: 11 /S /i`f , l Total Hours in Review n Planning and Development Services Department Current Planning Services Division Site Planning And Consistency Section 300 N. Flower Street P. O. Box 4048 Santa Ana, CA, 92702 DATE: October 18, 1999 •OSection SUBJECT Planning Application PA99-0152 Coastal Development to ZA File Date October 4, 1999 Response Date: November 8, 1999 Planner: Bill Melton 834-2541 fax 834-4652 Project Charge No. PP55528 other Dept EP55528 PROPOSAL Coastal Development permit to allow construction of 11 detached residential pool cabana /garage or guest houses. Revision to previously approved PA98- 0049. LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast Please review the attached proposal and return any comments or recommendations that you might care to offer. Returned comments, including a "no comment" are requested as an indication that you have received the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee with your approval. If you indicate no comment we will not send revised plans for your review unless significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct your comments to the planner assigned as noted above, or myself. Thank you for your cooperation. Charles M. Shoemaker, Section Chief Initial Plans: xx Revised Plans: PLEASE RETURN THIS FORM No Comment See Attached K11'— Comments as follows BY: -1247/ *jr e Date: l/ / Total Hours in Review � //-�7 up waL � ee�pultzeo , }Yao . � M County of Orange � Oy�lFO4�P DATE: November 1, 1999 TO: Bill Melton FROM: Bob Stanfield SUBJECT: Tr. 15586 Model site plan review. Refer to page 6, model trap fencing should be behind sidewalk as standard plans require. How will residence living on scenic bluff get to scotia sea without walking in street? No further comments. Bob Stanfield 2�Y E• ° • n County of Orange yLlFOna DATE: October 26, 1999 TO: John Buzas, Manager, Current Planning Services FROM: Manager, Subdivision and Grading Services SUBJECT: PA 99-0152 Coastal Development Permit to Zoning Administrator Taylor Woodrow Homes Newport Coast Planned Community This is a Coastal Development Permit to the Zoning Administrator to allow for the construction of either a detached Pool Cabana, Garage, or Guest House on 11 separate previously approved lots. The site is located within Development Areas 3A-2a, 3A-2b, and 3A-2c in the Newport Coast Planned Community. CIRCULATION: Not applicable. DISCUSSION: The dead end parking aisle in the parking lot requires a turn around area in accordance with Section 7-9-145.4 (b)(3) of the Zoning Code. A condition is recommended that prior to issuance of a grading permit, a turn around area shall be provided in the dead end parking aisle in the parking lot, in a manner meeting the approval of the Manager, Subdivision and Grading. MAJOR THOROUGHFARE AND BRIDGE FEES: This project lies within the area of benefit of the San Joaquin Hills Transportation Corridor. The applicant is required to pay San Joaquin Hills Major Thoroughfare and Bridge Fees in accordance with the adopted program. Page 2 John Buzas PA 99-0152 Coastal Development Permit to Zoning Administrator Taylor Woodrow Homes Newport Coast Planned Community CONDITIONS: SG SG B ROAD FEE PROGRAM 1. (T05) Prior to the issuance of building permits, the applicant shall pay fees for the Major Thoroughfare and Bridge Fee Program listed below, in a manner meeting the approval of the Manager, Subdivision and Grading. SG SG G a. San Joaquin Hills Transportation Corridor SIGHT DISTANCE 2. (T07) Prior to issuance of any grading permits, the applicant shall provide adequate sight distance at all street intersections per Standard Plan 1117, in a manner meeting the approval of the Manager, Subdivision and Grading. This includes any necessary revisions to the plan such as removing slopes or other encroachments from the limited use area. SG SG G DEAD END PARKING AISLE Prior to issuance of any grading permits, the applicant shall provide a turn around area in the dead end parking aisle in the parking lot, in a manner meeting the approval of the Manager, Subdivision and Grading. Patrick J. Stanton KEH:keh County of Orange Planning & Development Services Department zrFna� August 19, 1998 The Irvine Company 550 Newport Center Drive Newport Beach, California 92660 THOMAS B. MATHEWS DIRECTOR 300 N. FLOWER ST. THIRD FLOOR SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 927024048 TELEPHONE: (714) 8344643 FAX N 834-2771 SUBJECT: TENTATIVE TRACT MAP NO. 15586 On August 12, 1998 the Orange .County Subdivision Committee approved the above -referenced tentative tract, subject to the findings and conditions in the attached Orange County Subdivision Committee Final Report. The Committee's action conditionally approving this tentative map is valid for a period of three (3) years and will expire on August 12, 2001. The expiration date may be extended' for a maximum of five (5) additional years provided a written request is filed with the Director of Planning and Development Services, prior to the expiration date shown above. You are hereby notified that the fees, dedications, reservations or other exactions imposed on this project are as described in this approval, as well as the reports and actions accompanying this approval, and that the 90-day approval period in which the applicant may protest pursuant to Government Code Section 66020 has begun. You are also on notice that the 90-day approval period in which the applicant may protest pursuant to Government Code Section 66020 has begun. To avoid unnecessary delays in the recording of this tract map, we suggest that you contact Moe Idds at 834-3470 regarding compliance will all conditions of approval, prior to the filing of the tract map with the County Surveyor. Very truly yours, Patrick J. Stanton, Manager Subdivision and Grading Services PIS/mmc Attachment: Final Report w/Map cc: Hunsaker & Associates 1 . ^'TT 1**586 • Page of 15 Proposed Density: 138 du/ac This project, as conditioned, is consistent with and in conformance with the General Plan and its implementing documents. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT: The proposed project is covered by Final EIR No. 568 previously certified on October d 6, 1997. Prior to project approval, the Subdivision Committee must assert that it is adequate to satisfy the requirements of CEQA for the proposed project. EXISTING CONDITIONS: The subject property is hilly and sloping undeveloped terrain in its natural state and covered primarily with natural vegetation consisting of trees, shrubs, and grasses. Rough grading of the subject property has commenced. The subject property is located within the San Joaquin Hills Area Master Plan of Drainage (MPD), and no drainage fees are required at this time. Master Plan of Drainage Facility H02P01 is proposed within the tract and will need to be constructed. All drainage shall be in conformance with the "Master Plan of Drainage and Runoff Management Plan" for the Newport Coast Planned Community. Regional Facilities H02 and H03 are located outside the north and south boundaries of the tract. SOUND CONSIDERATION: This project area will be impacted by intrusive noises, both aircraft and traffic. The extent of mitigation required will be determined in connection with the acoustical analysis studies involved in the development of the property. RECREATION AND OPEN SPACE: Master Plan of Regional Recreation Facilities There are no regional park dedication requirements of the subject map. Master Plan of Regional Riding and Hiking Trails There are no riding and hiking trail requirements of the subject map. Master Plan of Local Parks (Local Park Code) The Local Park Code requirement for the -subject map is 2.6 acres of park land based upon a proposal to build 325 residential units at a density of 1.38 du/ac (325 du x .008 ac/du). The Local Park Code requirement shall be met by an allocation of park credit from Park Modification PM 89-3, the Local Park Implementation Plan for the Newport Coast Planned Community age County of Ora • • g M Planning and Development Services Department - Grading Section o �e 300 North Flower Street - P.O. Box 4048 Santa Ana, California 927024048 FAX (714) 8344777, TO: 6; II4 2v� « ,) FROM: 0,6,00Z 1II=L,0..✓11PnW BY: T.T. NO. SCTT NO. SCPM DEER T.P.M. SUEPLAN Ppc��I 0I52 OTHER COMMENTS 1. The height, arca and configuration of man-made slopes shall be clearly shown. Ali slope arcas shall be shown by type. 2. Typical building pads proposed for the location of structures shall be graphically indicated with approximate dimensions and setbacks. 3. Proposed finished guide elevations shall be shown: A Along proposed streets and drives at one hundred (100) foot intervals or opposite lot tamer, and B. On each proposed building pad. 4. A statement of the estimated volume of export or borrow earth material required and the location of the disposal or borrow site shall accompany the tentative map. S. A statement of the maintenance responsibility for each slope itiect shall be made. b. Soils and Geology Report: • A preliminary report, or reports describing the soils and their effect on the feasibility of the plan of development, including the grading concept, shall be submitted with tentative tract map. This report shall be prepared under the supervision of a soil engineer and an engineering geologist. 7. Height and inclination of man-made slopes exceed the requirements: A Vertical height maximums for slopes to excess of (steeper than) five (5) feet horizontal to one (1) foot ventcal. 1) TypeAslope-none. 2) Type B slope • thirty-five (35) feet. 3) Type C slope —twenty (20) feet. B. Man-made slopes shall not be constructed one on top of another or combined in such a manner so that they exceed the maximum height specific C. Man-made slope shall be no steeper than two (2) feet horizontal to one (1) foot - vertical. 8. Hillside Lot Design Criteria; Length and contour of man-made slopes:, A Man-made slopes shall be designed to resemble natural terrain where feasibi� with a minimum of long, flat, inclined plane surface and acute angles. B. Lots shall be designed so that where type C slope are proposed between abutting lots, the common property line shall be the top of slope. 9. Drainage and Erosion Control Standards: where any lot is designed in such a manner that it will not drain directly to a street or common drainage facility with a min. one percent, it shall be designed In a manner that will conform to the following criteria A Lots shalt be designed in such a manner that man-made slopes are not subject to sheet flow or concentrated drainage runoff from the either the the same or adjacent lot. B. All drainage flowing down man-made slope except that drainage from water falling an each slope shall be contained within an appropriate drainage device. C. All drainage flowing from one lot to or across another within aproperly executed easement, whereappropnate. ADDITIONAL REMARKS — �rOvt�.e, Q/J�I�IN�14�_I e•d. P�i/l.1ltiWOt�� SV.IOAiI.."P1GIeI �L� 61 �Yp.�.tv��1 N1� InfWol� �r�t� d�v^AtNI.�{gl2 f:A/�2v�-�.1.�J1 WN2YE. OlnkleJ tr te, -6 It �\�vJ �.nc��t J>0 -._ t,s Z _^'1a'X tr�[nvN- 0 J JII mJ,a,v,} Gwe� YO-l- Jv*1' C1XA\v�0.�� ��p05t5 M�\/f�• 5LowIN Co- tk� P[AV,, —ND�'Urr,�c�, �-CrmtSStD w ��YA� /�,,,,� BUJ ,� ct • �1 �O✓�S�tV11 �D7\�t�AX1. �T IV, �l1/ietV Is �- �� Fly i l-t• -4. 10. Recreation Trails: A. Anote eationshall beplall onormtotentative map which tsoft eCountyofO ng of recreation trails shall conform to the requirements of the County of Orange Grading and Excavation code. B. Major cuNfill slope and drainage devices related to recreation trails shall beshown. Planning and Development Services Department Current Planning Services Division Site Planning And Consistency Section 300 N. Flower Street �I P. 0. Box 4048 1�5/99 Santa Ana, CA, 92702 DATE: October 18, 1999 TO: P. DEPT./DIST FROM: Chief, Site Planning Section SUBJECT Planning Applicat n PA99-0152 Co stal Development to ZA File Date October 4, 1999 Response Date: November 8, 1999 Planner: Bill Melton 834-2541 fax 834-4652 Project Charge No. PP55528 other Dept EP55528 PROPOSAL Coastal Development permit to allow construction of 11 detached residential pool cabana /garage or guest houseslRevision to previously approved PA98- 0049. LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast Please review the attached proposal and return any comments or recommendations that you might care to offer. Returned comments, including a "no comment" are requested as an indication that you have received the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee with your approval. If you indicate no comment we will not send revised plans for your review unless significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct your comments to the planner assigned as noted above, or myself. Thank you for your cooperation. Charles M. Shoemaker, Section Chief Initial Plans: xx Revised Plans: PLEASE RETURN TIES FORM No Comment c/ See Attached Comments as follows BY: 1z - e& a Q- Date: 0 ' S* C ? 9 Total Hours in Review '/'z— Planning and Development Services Department Current Planning Services Division Site Planning And Consistency Section 300 N. Flower Street P. 0. Box 4048 Santa Ana, CA, 92702 DATE: October 18, 1999 TO: DEPT./DIST 4Y FROM: Chief, Site Planning Section SUBJECT Planning Application PA99-0152 Coastal Development to ZA File Date October 4, 1999 Response Date: November 8, 1999 Planner: Bill Melton 834-2541 fax 834-4652 Project Charge No. PP55528 other Dept EP55528 PROPOSAL Coastal Development permit to allow construction of 11 detached residential pool cabana /garage or guest houses. Revision, to previously approved PA98- 0049. LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast Please review the attached proposal and return any comments or recommendations that you might care to offer. Returned comments, including a "no comment" are requested as an indication that you have received the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee with your approval. If you indicate no comment we will not send revised plans for your review unless significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct your comments to the planner assigned as noted above, or myself. Thank you for your cooperation. Charles M. Shoemaker, Section Chief Initial Plans: xx Revis`ed Plans: PLEASE RETURN THIS FORM No Comment See Attached Comments as follows BY: Date: / Date: �f_� Total Hours in Review s7 � f. • 11 Planning and Development Services Department Current Planning Services Division Site Planning And Consistency Section 300 N. Flower Street P. 0. Box 4048 Santa Ana, CA, 92702 DATE: October 18, 1999 TOE itit P� r�7 Di�EPT./DIST1®C� /J uc FROM: Chief, Site Planning Section SUBJECT Planning Application PA99-0152 Coastal Development to ZA File Date October 4, 1999 Response Date: November 8, 1999 Planner: Bill Melton 834-2541 fax 834-4652 Project Charge No. PP55528 other Dept EP55528 PROPOSAL Coastal Development permit to allow construction of 11 detached residential pool cabana /garage or guest houses. Revision to previously approved PA98- 0049. LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast Please review the attached proposal and return any comments or recommendations that you might care to offer. Returned comments, including a "no comment" are requested as an indication that you have received the proposal. Comments must be returned by the date indicated or it must be presumed that the project meets with your approval. If you indicate no comment we will not send revised plans for your review unless significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct your comments to the planner assigned as noted above, or myself. Thank you for your cooperation. Charles M. Shoemaker, Section Chief Initial Plans: xx Revised Plans: _ PLEASE RETURN THIS FORM No Comment See Attached Comments as follows By: Date: Total Hours in Review Received: 2/28/00 3:54PM; 9498609140 -> CURRENT PLANNING DIVISION ; Page 1 2-28-00; 3:50PM;FORMA *IGN • ;9496609140 * 1/ 3 F(Y^ LETTER OF TRANSMITTAL Date: February 28, 2000 , Job No. 968/03.100 To: Bill Melton , Client: Taylor Woodrow Homes County of Orange / P&DSD L. Project: Newport Coast LL Purpose: LTransmitted Via: For Your Approval For Your Use • For Your Information -� For Your Review/Comments As Requested by {�>, Other NV Description: Mail Federal Express Messenger Blueprinter Other Fax No. 714 834-4652 Phone No. 714 834-2541 No. Pages (Inc. cover) 3 PA 990152 Lot Size Table & Guest House Floor Plan Exhibit Remarks: Per your request. From: Crai man �• CC; 17500 Redhlll Ave., Suite 100; Irvine, CA 92614.5645 (714) 660-1900 FAX (714) 660.9140 E-mail: Info@formacompanles.com 8910 University Center Lane • Suite 250 • San Diego, CA 92122 U.S.A. •(619) 453-1900 • FAX (619) 535-1181 COMMUNITY PLANNING. LANDSCAPE ARCHITECTURE. RECREATION GEEIGN AND SPECL EFFECTS -UNMAN DEMON. ENVIRONMENTAL MANAGEMENT. GOVERNMENT MERVICES-MM%NO SERVICE! Received: 2/28/00 3:55PM• 2-26-00; 3; SOPM; FORMA 4 GN 94966D9140 -> CURRENT PLANNING DIVISION ; Page 2 . ;9496609140 # 2/ 3 OPTION 1 — POOL CABANA RIGHT ELEVATION 24'-0n g��n I y_yn �i_yn 2 _Q Bi_3n OPTION 1 - POOL CABANA FLOOR PLAN Source: RobWHbWArcNtew NWAPW Sr h.CA MAVOW TAYLOR VMDRM OPTIO RICH` Received: 2/28/00 3:55PM; 9496609140 -> CURRENT PLANNING DIVISION ; Page 3 a-26-00{ 3:50PM:FORMA 0 IGN • :9496809140 # 3/ 3 Table 3.1 Newport Coast - Development Areas 3A-2a, -b and -c Detached Pool Cabana/Garage or Guest House Lot Sizes LOT NO. 25 PLAN TYPE 2 LOT SIZE 21,530 27 3 15,528 29 3 17,745 33 12 3R 1 15,502 23,148 17 2R 17,878 19 2R 17,052 20 34 1 3R 21,039 12,785 36 2 17,346 39 211 16,447 Note: The Newport Coast Local Coastal Program Residential Planning Area Regulations, Accessory Permitted Uses, page 11-4.15 provides i One guest cottage or caretaker unit per building site, limited to 1,500 square feet; onbuilding sites of a minimum 10,000 square feetj . 'Lot sizes for lots with guest cottages in Development Areas 3A-2a, -b, and -2c are consistent with this requirement as demonstrated in the table below. The subject lots are all in excess of the 10,000 square foot minimum requirement. 16 Planning and Development Services Department Current Planning Services Division Site Planning And Consistency Section 300 N. Flower Street P. 0. Box 4048 Santa Ana, CA, 92702 TO: FROM: Chief, Site Planning Section DEPT./DIST I DATE: October 18, 1999 SUBJECT Planning Application PA99-0152 Coastal Development to ZA File Date October 4, 1999 Response Date: November 8, 1999 Planner: Bill Melton 834-2541 fax 834-4652 Project Charge No. PP55528 other Dept EP55528 PROPOSAL Coastal Development permit to allow construction of 11 detached residential pool cabana /garage or guest houses. Revision to previously approved PA98- 0049. LOCATION: DA's 3A-2A, 2B, 3C- Newport Coast Please review the attached proposal and return any comments or recommendations that you might care to offer. Returned comments, including a "no comment" are requested as an indication that you have received the proposal. Comments must be returned by the date indicated or it must be presumed that the project mee with your approval. If you indicate no comment we will not send revised plans for your review unless significant changes are incorporated in such plans or you ask that revised plans be provided. Please direct your comments to the planner assigned as noted above, or myself. Thank you for your cooperation. Charles M. Shoemaker, Section Chief Initial Plans: xx Revis`ed Plans: PLEASE RETURN THIS FORM No Comment See Attached Comments as follows By: Date: Total Hours in Review 0 Filed Case No.: /. 9-t> 2 Date Sent Out: �b Date Filed: /Q4//�� Comments Due By: I. GENERAL DISTRIBUTION Reply Sent Received Requested Comments from the followin [ ] [ ] Board of Supervisors Attn: County Executive Office Attn: Fire Safety Specialist / O.C. F. A Development Review v 180 So.Water St. Orange (only if a fee has been paid first) Vector Control Disttrict Attn: J. Earnest, horse stables, farms HCA/Environmental Health Attn: Director Jack Miller [ [ ] P/DSD Development Services - Acoustics Attn: B. Chin [ ] [ ] PF/RD Public Works - Flood Program Attn: Herb Nakasone [ ] PF/RD Public Works - Special Projects Attn: Andy Kerr P/DSD Development Services/NPDES - M. Serizawa [ [ ] P/DSD Environ./Prof. Planning Attn: Marc Esslinger (S.A. Heights) [ ] P/DSD Advance Planning - Bob Aldrich [ ] P/DSD Traffic Engineering - Attn: Grant Anderson [ ] P/DSD Transportation Planning - H. Persaud [ ] PF/RD Public Property Permits -,Doug Witherspoon [ J PF/RD HBP - Program Planning - Attn: E. Jessen [ J [ ] PF/RD HBP Historical Preservation Attn: M. Brajdic ( ] P/DSD Development Services - Grading Attn: J. Earnest P/DSD Development Services - Drainage Attn: R. Young [ J [ ] P/DSD Development Sevices - Streets Attn: M. Idris [ ] [ ] Orange County Transportation Authority E1 Toro Reuse Attn: Bryan Speegle PDSD/ZA & Resources Planning Attn: Gary Medieros II. SPECIAL DISTRIBUTION Cities Attn: Planning or Development Dept.: State/Federal Agencies: State Permit Assistance Center - Attn: Director Danian M. Special Districts (Schools and Water Districts) Review Boards: Homeowner Associations: Others: Others: My ------------------------------------------- -------- ----------------- COUNTY OF ORANGE PLANNING & DEVELOPMENT SERVICES DEPARTMENT PUBLIC FACILITIES & RESOURCES DEPARTMENT * REPRINTED * RECEIPT ---------------------------------- 10/05/99 10:13 Receipt Number: R9927779 Activity Number: PA990152 Payment Date: 10/05/1999 Payer: TAYLOR WOODROW HOMES Address: 24461 RIDGE ROUTE RD LAGUNA HILLS CA 92653 Phone #: Trust ID: Applicant: FORMA Address: 3100 BRISTOL, STE: 100 COSTA MESA CA ATTN: CRAIG HOFFMAN 92626 Phone #: 714 540-4700 Job Address: Parcel: 15586- 0-TM - Additional Info: ACCUMULATIVE CHARGES Fee Item Description Charges Coding 1060 LAND USE FEE DEPOSIT 2,000.00 300306 92000015 1066 ENV. ANALYSIS - IS TRUST 2,000.00 300306 92000010 8004 FIRE FEE -SITE DEVEL CUP 87.00 113113 91100123 Total Charges: 4,087.00 Total Payment: 4,087.00 CURRENT PAYMENT Method: 61975 Notation: TAYLOR WOODROW Operator: BARTCHAR Check/Cash: 4,087.00 Trust: .00 Account No.; Total Paid: 4,087.00 Balance Due: .00 The fees, dedications, reservations or other executions imposed by this development approval must be protested, if at all, within the 90 day -approval period imposed by Government Code section 66020. County of Orange Planning & Development Services Department /. � August 19, 1998 U" The Irvine Company 1 550 Newport Center Drive Newport Beach, California 92660 �• SUBJECT: TENTATIVE TRACT MONC). 15586 THOMAS B. MATMWS DIRECTOR 300 N. FLOWER ST. THIRD FLOOR SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 927024048 TELEPHONE: (714) 8344643 FAX B 834-2771 On August 12, 1998 the Orange Cou)*—SnGdivision Committee approved the above -referenced tentative tract, subject to the findings and conditions in the attached Orange County Subdivision Committee Final Report. The Committee's action conditionally approving this tentative map is valid for a period of three (3) years and will expire on August 12, 2001. The expiration date may be extended'for a maxiTum of five (5) additional years provided a written request is filed with the Director of Planning and Development Services, prior to the expiration date shown above. You are hereby notified that the fees, dedications, reservations or other exactions imposed on this project are as described in this approval, as well as the reports and actions accompanying this approval, and that the 90-day approval period in which the applicant may protest pursuant to Government Code Section 66020 has begun. You are also on notice that the 90-day approval period in which the applicant may protest pursuant to Government Code Section 66020 has begun. To avoid unnecessary delays in the recording of this tract map, we suggest that you contact Moe Idds at 834-3470 regarding compliance will all conditions of approval, prior to the filing of the tract map with the County Surveyor. Very truly yours, Patrick J. Stanton, Manager Subdivision and Grading Services PJS/mmc Attachment: Final Report w/Map cc: Hunsaker & Associates Page 1 of 15 FINAL TENTATIVE TRACT MAP REPORT DATE: August 12, 1998 SUBJECT: Tentative Tract Map No. 15586 (Vesting) SUBDIVIDER: The Irvine Company ENGINEER: Hunsaker & Associates SUBDIVISION SECTION CONTACT: Vic Bellaschi 834-5045 LOCATION: Between Los Trancos Canyon and Muddy Canyon northeast of Pacific Coast Highway in the Newport Coast Planned Community. ASSESSORS PARCEL NO. 477-101-01 thru23 & 25; 477-031-06, por 19 & por 20. PROJECT NO. EP/PP 69838 SUMMARY: Proposes a subdivision of approximately 235.1 acres of land into 325 lots for single family residential development, I lot for a private park, 1 lot for a pump station, I lot for a guard gate, 27 lots for open space, 3 lots for fuel modification, 25 lots for private streets, and 2 lots for private drives. Coastal Development Permit PA 98-0049 for the Newport Coast Planned Community -Planning Areas 3A-2, 3B & 12B was conditionally approved by the Planning Commission on July 7, 1998, NOTIFICATION: All federal, state, and county departments, divisions and agencies having cognizance of the affected area, the Cities of Newport Beach and Laguna Beach, the Friends of the Irvine Coast, the Laguna Canyon Conservancy, and all property owners within 300 feet of this property. GENERAL PLAN CONSISTENCY/ZONING COMPLIANCE: Land Use Element: 1B Suburban Residential (.5-18 du/ac) Community Profile: 1.2 Low Density Residential (.5-2.0 du/ac) Planned Community: Newport Coast Planned Community Planning Area 3A-2 Designated for Medium Density Residential (3.5-6.5 du/ac) Planning Area 3B Designated for Medium Density Residential (3.5-6.5 du/ac) Planning Area 12B Designated for Recreation TT 15586 Proposed Density: 1.38 du/ac Page 2 of 15 This project, as conditioned, is consistent with and in conformance with the General Plan and its implementing documents. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT: The proposed project is covered by Final EIR No. 568 previously certified on October 16, 1997. Prior to project approval, the Subdivision Committee must assert that it -is adequate to satisfy the requirements of CEQA for the proposed project. EXISTING CONDITIONS: The subject property is hilly and sloping undeveloped terrain in its natural state and covered primarily with natural vegetation consisting of trees, shrubs, and grasses. Rough grading of the subject property has commenced. DRAINAGE: The subject property is located within the San Joaquin Hills Area Master Plan of Drainage (MPD), and no drainage fees are required at this time. Master Plan of Drainage Facility H02P01 is proposed within the tract and will need to be constructed. All drainage shall be in conformance with the "Master Plan of Drainage and Runoff Management Plan' for the Newport Coast Planned Community. Regional Facilities H02 and H03 are located outside -the north and south boundaries of the tract. SOUND CONSIDERATION: This project area will be impacted by intrusive noises, both aircraft and traffic. The extent of mitigation required will be determined in connection with the acoustical analysis studies involved in the development of the property. RECREATION AND OPEN SPACE: Master Plan of Regional Recreation Facilities There are no regional park dedication requirements of the subject map. Master Plan of Regional Riding and Hiking Trails There are no riding and hiking trail requirements of the subject map. Master Plan of Local Parks (Local Park Code) The Local Park Code requirement for the subject map is 2.6 acres of park land based upon a proposal to build 325 residential units at a density of 1.38 du/ac (325 du x .008 ac/du). The Local Park Code requirement shall be met by an allocation of park credit from Park Modification PM 89-3, the Local Park Implementation Plan for the Newport Coast Planned Community TT 15586 Page 3 of 15 It is noted that Lot 326 is designated as a park on the subject map. A Local Park Implementation Plan amendment and accounting update for PM 89-3 shall be approved by the Orange County Subdivision Committee prior to or concurrent with approval of the first subdivision map if either of the following occurs: a. The applicant desires public Local Park Credit for Lot 326 acreage an/or improvements. b. The applicant requests private park credit and placement of a private park easement to the County of Orange over Lot 326. Resources Element - Open Space Component Scenic Preservation Easement: The subdivider is required to dedicate an easement to the County of Orange over the open space and fuel modification areas adjacent to Crystal Cove State Park, the golf course, Los Trancos Canyon and the private open space area in PA 12B or scenic preservation purposes. Landscape Plan: A landscape plan which will include the improvements and maintenance of the scenic preservation easement will be required. Master Plan of Countywide Bikeways No bikeways are identified on the Master Plan of Countywide Bikeways that affect this map. PUBLIC SERVICES AND UTILITIES: Schools This property is within the boundaries of the Laguna Beach Unified School District. The developer is subject to the provisions of Assembly Bill AB 2926, or other mitigating measures designed to provide for school facilities and/or funding, such as community facilities districts. Facilities Fee Programs This project area is located in a facilities fee program area, as the program is defined in Section 7-9-702, Codified Ordinances of Orange County, for the funding of library service, fire station and sheriff substation facilities. This project area is included within the Newport Coast Development Agreement (DA 87-16) which was amended on December 3, 1996 and which phases development with the ability to expand public services and facilities. It thereby promotes the objectives of the adopted Growth Management Element. Water/Sewer This project is within the boundaries of the Irvine Ranch Water District. The District stated in their "will -serve" letter that the District will be capable of providing water and sewage disposal service to this development. TT 15556 Page 4 of 15 Water Quality Control The Irvine Ranch Water District operates in accordance with requirements prescribed by the California Regional Water Quality Control Board, Santa Ana Region. Fire Protection and Safety Existing and proposed fire protection services should be capable of providing an adequate level of fire protection services to this development. This property is located in a very high fire hazard area due to wildland exposure. County Service Area (CSA) This property is within the boundaries of County Service Area No. 26. CIRCULATION: Scenic Highway Corridors There are no requirements based upon the Master Plan of Scenic Highways applicable to this map. Access/Highways/Streets/Roads Access to the proposed development within the subject tentative tract will be from Crystal Cove Drive (formerly Sand Canyon Avenue) a secondary highway via "C" and "E" Streets; local collector streets. A traffic signal is proposed at the intersection of Crystal Cove Drive and Pacific Coast Highway. Pacific Coast Highway is indicated as a major arterial highway on the Master Plan of Arterial Highways. Major Thoroughfare and Bridge Fee Program This project lies within the area of benefit of the San Joaquin Hills Transportation Corridor. The subdivider is required to pay SJHTC Major Thoroughfare and Bridge fees in accordance with the adopted program. This project lies within the area of benefit of the Coastal Area Road Improvements and Traffic Signal Fee Program. On August 1, 1995 the Board of Supervisors approved T95-1 (Resolutions 95-560 and 95-561) adopting the CARITS Fee Zone 1 Closing Report which relieves The Irvine Company of the obligation to participate in the CARITS Road Fee Program. Off -Site Fee Program This project will be responsible for participation in fee programs off -site which will involve expenditures in excess of $155,000.00. Accordingly, the provisions of Section 66452.6(a), Subdivision Map Act, do apply to this project. COMMENTS FROM CIVIC GROUPS AND OTHERS NOTIFIED: Comments were received from the City of Newport Beach. TT 15586 Page 5 of 15 DEVIATIONS FROM STANDARDS OF DESIGN: The subdivider may request deviations from County -approved standard design criteria in accordance with Section 7-9-291 of the Orange County Subdivision Code. In the absence of any approved deviation request or if there is a conflict between the tentative map and the County -approved standard design criteria, the County -approved standard design criteria will prevail. Deviations Requested The subdivider is requesting the following deviations to the Orange County Subdivision Code: Deviation from Standard Plan 1107 (Typical Sections) to allow for the use of rolled curbs instead of standard curbs — and — a deviation from Standard Plan 1201 (Concrete Rolled curbs) to allow for the proposed rolled curbs to be constructed as indicated on the tentative tract map rather than as required. 2. Deviation from Standard Plan 1107 (Typical Sections) to allow an increase in the maximum permitted grade on "C" Street from 10% to 12%. 3. Deviation from Orange County Subdivision Code Section 7-9-274 (Curved Local Street and Highway Radii) to allow or the reduction of the centerline radius to less than the required 250 feet as follows: Street Radius Requested (Feet) "C" 155 & 170 'IF" 155 & 125 "H" 160 "1" 150 (in two sections) "T' 170 & 135 «K>, 75 "L" 125 & 175 "M" 115 "N" 100 «P,> 125,225 & 245 « R,> 135 & 105 'IS" 18o & 80 "T" 115 & 235 `lull 245 "V,, 130 & 140 " XI 100 "Y" 195 «Z" 185 Traffic Review does not oppose these deviations. L_ TT 15586 Page 6 of 15 SUDIVISION CONMUTTEE ACTION: Tentative Tract No. 15586 (Vesting) is approved, and the approval includes the 3 deviations, the following 22 findings, and is subject to the 20 conditions which follow the findings. Findings: I. That the proposed map is consistent with the Orange County General Plan. II. That the design and improvement of the proposed subdivision are consistent with the Orange County General Plan. III. That the proposed site is physically suitable for the proposed type of development. IV. That the proposed site is physically suitable for the proposed density of development. V. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat. VI. That the design of the subdivision and the type of improvements proposed are not likely to cause serious public health problems. VII. That the design of the subdivision and the type of improvements proposed will not conflict with easements of record or established by courtjudgment acquired by the public -at -large for access through or use of property within the proposed subdivision. VUL That the proposed subdivision complies with the requirements set forth in the Orange County Subdivision Code and the Orange County Zoning Code. IX. That the design and improvement of the proposed subdivision are suitable for the uses proposed, and the subdivision can be developed in compliance with applicable zoning regulations pursuant to Section 7-9-254 of the Subdivision Code, X. That the Subdivision Committee has considered Final EIR 568, previously certified on 10/19/89, prior to project approval. M. That pursuant to Section 711.4 of the California Fish and Game Code, this project is exempt from the required fees as it has been determined that no adverse impacts to wildlife resources will result from the project. However, the required fees were paid previously. Receipt No. 500504 (5/18/98). XII. That the proposed project will not have a significant unmitigated impact upon Coastal Sage Scrub habitat and, therefore, will not preclude the ability to prepare an effective subregional Natural Communities Conservation Planning (NCPP) Program. XIII. That the discharge of waste from the proposed subdivision into the existing sewer system of the Irvine Ranch Water District will not result in violations of existing requirements prescribed by the California Regional Water Quality Control Board, Santa Ana Region. TT 15586 Page 7 of 15 XIV. That the design of the subdivision and its improvements do provide, to the extent feasible, for future passive or natural heating or cooling opportunities as specified in Section 66473.1 of the Government Code (Subdivision Map Act). XV. That the following determinations apply to fees required by Sections 7-9-700 through 713, Codified Ordinances of Orange County: A. Purpose of fees: Fire protection, paramedic, law enforcement, library, and general County services. B. Use of fees: Construction of new fire station, sheriff substation, library, and general County facilities in newly developing areas which have inadequate service. C. Relationship between use of fees and type of development: Dwelling units and commercial/industrial structures and their occupants require fire protection, paramedic, law enforcement, library, and general County services. D. Relationship between need for facilities and type of project: Project is located in newly developing area which has inadequate fire protection, paramedic, Iibrary services, and sheriff substation and general County facilities. E. Relationship between amount of fees and cost of the portion of the facilities attributable to the development: Fees represent projects pro rata share of the cost of the fire station, sheriff substation, library, and general County facilities. XVI. That because of participation in fee programs for off -site improvements, this project will qualify for consideration under Section 66452.6 of the Subdivision Map Act. XVII. That the deviations from the standards of design set forth in the Subdivision Code Subdivision Committee Report or specific special circumstances which apply. XVIII. That the Local Park Code requirement can be met by an allocation of park lands credit from PM 89-03, the park implementation plan for the Newport Coast Planned Community. XIX. That the Coastal Area Road Improvements and Traffic Signals Fee Program was considered and requiring the developer to participate in a fee program constitutes an acceptable mitigating circumstance and the developer has fulfilled its obligation. XX. That the Newport Coast Development Agreement contains provisions requiring developer participation in fee programs, facility construction and development phasing and is therefore in compliance with the adopted Growth Management Element in terms of public services and facilities being made available to accommodate development. XXI. That the monitoring requirements of Public Resources Code Section 21081.6 (AB 3180) will be considered as having been met in that the design of the subject project, the satisfaction of the requirements of the County's building, grading, fire, and other codes and ordinances and the satisfaction of the conditions of approval applied to the project will implement the mitigation measures contained in EIR No. 568. XXII. That the applicant is hereby provided notice that the fees, dedications, reservations or other exactions imposed on this project are as described in this approval as well as the reports and actions accompanying this approval and that the 90-day approval period in which the applicant may protest pursuant to Government Code Section 66020 has begun TT 15586 Page 8 of 15 Conditions: Codes (G) (R) (B) (U) (SL) (NA) (for time of performance/type of condition) Grading Permit Recordation Building Permit Use and Occupancy Sale, Lease, or Rental Timing not Specified (S) Standard Condition (SS) Site Specific Condition NOTE: Any improvements required prior to the recordation of a final map shall be completed or the subdivider shall enter into an agreement with the County of Orange guaranteeing the improvements. Said agreement shall be accompanied by financial security guaranteeing the installation of the improvements at the time stated in the agreement. PLANNING APPLICATIONNO.98-0049 FOR COASTAL DEVELOPMENT PERMIT (G) 1. LP LPG PA 98-0049 COND Prior to the issuance of any grading permits, the applicant shall comply with PA Conditions: 7. Special —Drainage and Grading (G)(SS) 14A,B&C. Drainage Study (G)(S) 15. Drainage Improvements (G)(S) 17. NPDES Permit (G)(S) 18. Drainage Offsite (G)(S) 21. Cross -Lot Drainage (G)(S) 23. Vector Control (G)(S) 28. Pollutant Runoff(GXS) (Precise Grading Permits Only) 37. Access Gates (G)(S) 39. Street Plans (G)(S) 40A. Street Markings (G)(S) 46A. Fuel Modification (G)(S) 46B. Fuel Modification (GXS) (Precise Grading Permits Only) 47. Geology Report (G)(S) 48. Grading Deviation (G)(S) 49. Grading Restriction (G)(S) 50. Grading (G)(SS) 51. Construction Noise (G)(S) 52. Coastal Sage Scrub (G)(SS) 55A. Acoustical Report (G)(S) 57. Sight Distance (G)(S) 59. Maneuvering Areas (G)(SS) TT 15586 Page 9 of 15 (R) 2. LP LP R PA 98-0049 COND Prior to the recordation of a subdivision map, the subdivider shall comply with PA Conditions: 9. Growth Management (R)(SS) 13. Assessment District Financing (R)(S) 14A,B&C. Drainage Study (R)(S) 15. Drainage Improvements (R)(S) 16. Drainage Improvements (R)(S) 18. Drainage Offsite (R)(S) 19. MPD Participation (R)(S) 20. Easement Subordination (R)(S) 21. Cross -Lot Drainage (R)(S) 22. Sewer Lines (R)(SS) 25. Notice of Determination (R)(S) 28. Pollutant Runoff (R)(S) 29. Water Improvement Plans (R)(S) 31. Special Fire Protection Area Notification (R)(S) 33. Fire Access (R)(S) 34. Fire Hydrants (R)(S) 45. Traffic Signal Pre-emption Devices (R)(S) 50. Grading (R)(S) 53. Landscaping (R)(SS) 54A. Preliminary Landscape Plan (R)(S) 55A. Acoustical Report (R)(S) 58. Private Street Notification (R)(S) 60. Building Site Access (R)(S) 62. Special -Pedestrian Circulation System (R)(S) 63. Underground Utilities (R)(S) 64. Special -Pedestrian and Bicycle Paths (R)(S) 65. Local Park Implementation Plan (R)(S) 66. Assessment District (R)(S) 67. Assessment District Application Form (R)(S) (B) 3. LP LP B PA 98-0049 COND Prior to the issuance of any building permits, the applicant shall comply with PA Conditions: 10. Buyer Notification Map (B)(S) 11. Homeowner Notification (B)(SS) 14D&E. Drainage Study (B)(SS) 24. Architectural Coatings (B)(SS) 27. Energy Efficient Appliances (B)(SS) 28. Pollutant Runoff (B)(S) 30. Construction Phasing Plan (B)(S) 32. Special Fire Protection -Area Development (B)(S) 35. Auto Fire Extinguishing Systems (B)(S) 38. Fire Sprinklers (B)(S) 41. Combustible Construction Letter (B)(S) TT 15586 Page 10 of 15 42. Water Availability(B)(S) 46C. Fuel Modification (B)(S) 54B. Detailed Landscape Plan (B)(S) 55B. Acoustical Report (B)(S) 55C. Acoustical Barriers (B)(S) 61. Development Site Access (B)(S) (U) 4. LP LP U PA 98-0049 COND Prior to the issuance of any final certificates of use and occupancy, the applicant shall comply with PA Conditions: 8. NCCP Boundary (U)(SS) 12. Special Tax Notification (U)(S) 16. Drainage Improvements (U)(S) 36. Fire Alarm System (UxS) 40B. Street Markings (U)(S) 43. Fire Hydrant Markers (U)(S) 44. Fire lanes (U)(S) 46D. Fuel Modification (U)(S) 54C. Landscaping Installation Certification (U)(S) 56. Aircraft Overflight (U)(S) 68. Aircraft Overflight (U)(S) ARCHAEO/PALEO (G) 5. HP HP G ARCHAEO OBS & SALVAGE (S) Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the Manager, Subdivision and Grading, that a County -certified archaeologist has been retained, shall be present at the pregrading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the project developer, for exploration and/or salvage. The archaeologist shall submit a follow-up report to the Manager, Coastal & Historical, which shall include the period of inspection, an analysis of any artifacts found and the present repository of the artifacts. Excavated finds shall be offered to the County of Orange, or designee, on a first refusal basis. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Manager, Coastal & Historical. (G) 6. HP HP G PALEO OBS & SALVAGE (S) Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the Manager, Subdivision and Grading, that a County -certified paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pregrading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or re- directing work to permit sampling, identification, and evaluation of the fossils. If major paleontological resources are discovered, the paleontologist shall determine appropriate actions, in cooperation with the project developer, which ensure proper exploration and/or salvage. Excavated finds shall be offered to the County of Orange, or its designee, on a first -refusal basis. The paleontologist shall submit a follow-up report for approval by the Manager, Coastal & Historical, which shall include the period of inspection, a catalogue and analysis of the fossils found, and present TT 15586 Page 11 of 15 repository of the fossils. These actions, as well as final mitigation and disposition of the resources, shall be subject to approval by the Manager, Coastal & Historical. DRAINAGE/FLOOD (R) 7. DS DS G RMDRMP IMPLEMENTATION (SS) Prior to the issuance of any grading permit or recordation of any final tract map, whichever occurs first, the subdivider shall satisfy all drainage and erosion control measures as identified in the "Refined Master Drainage and Runoff Management Plan" for the Irvine Coast Planned Community Development, in a manner meting the approval of the Manager, Subdivision and Grading Services. ENVIRONMENTAL RESOURCES HAZARDOUS MATERIAL (R) 8. ER SG/ER R HAZARDOUS MATERIAL (S) A. Prior to the recordation of any final tract map, the subdivider shall submit, in accordance with criteria supplied by PDSD, a "Hazardous Materials Assessment" and a "Disclosure Statement" covering the property (both fee and easement) which will be offered for dedication or dedicated to the County of Orange, for review and approval by the Manager, Subdivision and Grading, in consultation with the Manager, Environmental Resources. B. Further, prior to the recordation of any final tract map, the subdivider shall have received approval of the "Hazardous Materials Assessment" and the 'Disclosure Statement" from the Manager, Subdivision and Grading. FIRE PROTECTION (R) 9. F F R AUTOMATIC FIRE EXTINGUISHING SYSTEMS (S) Prior to the recordation of any final tract map, a note shall be placed on the map stating that all structures to be built beyond streets with 10% grade shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. (R) 10. F F R FIRE HAZARD NOTIFICATION (R) A. Prior to the recordation of any final tract map, the subdivider shall place a note on the (B) map meeting the approval of the Fire Chief that the property is in a very high fire hazard (S) due to wildland exposure. F F R SPECIAL FIRE PROTECTION AREA NOTIFICATION B. Prior to the recordation of any final tract map, the subdivider shall place a note on the map meeting approval of the Fire Chief that the property is in a Special Fire Protection Area and must meet all requirements for development within the area or file for an exclusion with the Fire Chief. F F B SPECIAL FIRE PROTECTION AREA DEVELOPMENT C. Prior to the issuance of any building permits, the applicant shall met all requirements for development and construction within a Special Fire Protection Area, including street widths, Class A roof assemblies, fire sprinklers, etc. TT 15586 Page 12 of 15 (R) 11. F F RGBU FUEL MODIFICATION (G) A. Prior to the recordation of any final tract map, the applicant shall obtain the Fire (B) Chiefs approval, in consultation with the Manager, Environmental and Project Planning (U) of a conceptual fuel modification plan and program. Contact the Orange County Fire (S) Authority Development Review Section at (714) 744-0477 for requirements and clearance of this condition. B. Prior to the issuance of any grading permits, the applicant shall obtain the Fire Chiefs approval, in consultation with the Manager, Environmental and Project Planning, of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. Include the method (mechanical or hand labor) for removal of combustible vegetation and the planting of drought tolerant fire resistant plants. C. Prior to the issuance of building permits, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area. D. Prior to the issuance of any certificate of use and occupancy, the developer shall install and complete the remainder of the fuel modification under the supervision of the Fire Chief. Further, the installed fuel modification shall be established to a degree meeting the approval of the Fire Chief. The CC&R's shall contain provision for maintaining the fuel modification zones including the removal of all dead and dying vegetation. HARBORS. BEACHES AND PARKS (R) 12. HP HP R SCENIC PRESERVATION EASEMENT (S) A. Prior to the recordation of any applicable final tract map which creates building sites, the subdivider shall make an irrevocable offer to dedicate an easement to the County of Orange or its designee over Lots I, BBB, CCC, and DDD, as well as the permanent non - manufactured portions of Lots F and R for scenic preservation purposes in a manner meeting the approval of the Manager, PFR/HBP Program Management & Coordination. Maintenance, upkeep and liability for said easement area shall remain the responsibility of the subdivider or assigns and successors (i.e., homeowner's association) or current underlying owner(s) of said easement area and shall not be included in said dedication offer. The subdivider shall not grant any easement over any property subject to said easement unless such easements are made subordinate to said easement offer in a manner meeting the approval of the Manager, PFR/HBP Program Management & Coordination. B. The subdivider shall note limitations and restrictions for said easement by a reference on the final tract map to a previously recorded document concurrent with the recordation of subject map in a manner meeting the approval of the Manager, PFR/HBP Program Management & Coordination.. C. Prior to recordation of any applicable final tract map or as determined by the Manager, PFR/HBP Program Management & Coordination, the subdivider shall survey and monument all parcels of the land to be dedicated for scenic preservation easement purposes, and submit plans showing how the development boundaries of the scenic preservation easement parcel(s) is marked to be visible for monitoring purposes by Grantee to the satisfaction of the Manager, PFR/HBP Coastal & Historical Facilities. TT 15586 Page 13 of 15 (R) 13. HP LANDSCAPE PLAN (B) The scenic preservation areas over the open space and fuel modification areas adjacent to Crystal (U) Cove State Park, the golf course, Los Trancos Canyon and the private open space area in PA 12B (S) shall be landscaped, equipped for irrigation and improved with the landscape plan as follows: HP SG/HP R A. Preliminary Plan - Prior to the recordation of any final tract map, the subdivider shall enter into an agreement and post financial security guaranteeing landscape improvements and the maintenance thereof based on a preliminary landscape plan showing major plant material and uses, and a cost estimate for the landscape improvements. The preliminary plan and cost estimates shall be reviewed and approved by the Manager, Subdivision and Grading, in consultation with the Chief, HBP/Program Management & Coordination. Said -plan shall take into account the Standard Plans for landscape areas, adopted plant palette guides, applicable' scenic and specific plan requirements, Water Conservation Measures contained in Board Resolution 90-487 (Water Conservation measures), and Board Resolution 90-1341 (Water Conservation Implementation Plan). HP SG/HP B B. Detailed Plan -Prior to the issuance of any building permits(s), the applicant shall submit a detailed landscape plan for approval to the Manager, Subdivision & Grading, in consultation with the Chief, HBP Program Management & Coordination. Detailed plans shall show the detailed irrigation and landscaping design. ' HP CBI U C. Installation Certification - Prior to the issuance of final certificates of use and occupancy and the release of the financial security guaranteeing the landscape improvements, the applicant shall install said improvements and have the installation certified by a licensed landscape architect or licensed landscape contractor, as having been installed in accordance with the approved detailed plans. The applicant shall furnish said certification, including an irrigation management report for each landscape irrigation system and any other required implementation report determined applicable, to the Manager, Construction, and the Manager, Building Inspection, prior to the issuance of any certificates of use and occupancy. INDEMNIFICATION (NA)1.4. SG NA NA INDEMNIFICATION (S) Subdivider shall defend, indemnify, and hold harmless the County of Orange, its officers, agents and employees from any claim, action or proceeding against the County, its officers, agents or employees to attack, set aside, void, or annul an approval of the Board of Supervisors, Planning Commission, Zoning Administrator, or Subdivision Committee concerning this subdivision, which action is brought within the time period provided for in Government Code Section 66499.37. The County shall promptly notify the subdivider of any such claim, action or proceeding and shall cooperate fully in the defense. This condition is imposed pursuant to Government Code Section 66474.9(b). TT 15586 Page 14 of 15 LANDSCAPING (G) 15. SG SG/BI GU PRIVATE LANDSCAPING (U) A. Prior to the issuance of precise grading permits, the applicant shall prepare a detailed (S) landscape plan for privately maintained areas of lettered lots not included in Conditions 12 and 13. The plan shall be certified by a licensed landscape architect or a licensed landscape contractor, as required, as taking into account approved preliminary landscape plan (if any), PDSD Standard Plans, adopted planned community regulations, scenic corridor and specific plan requirements, Grading and Excavation Code erosion control requirements, Subdivision Code, Zoning Code, and conditions of approval, Water Conservation Measures contained in Board Resolution 90-487 (Water Conservation Measures) and Board Resolution 90-1341 (Water Conservation Implementation Plan). Said plan shall be reviewed and approved by the Manager, Subdivision and Grading. B. Prior to the issuance of certificates of use and occupancy, applicant shall install said landscaping and irrigation system and shall have a licensed landscape architect or licensed landscape contractor, certify that it was installed in accordance with the approved plan. The applicant shall furnish said certification, including an irrigation management report for each landscape irrigation system, and any other implementation report determined applicable, to the Manager, Building Inspection, prior to the issuance of any certificates of use and occupancy. TRANSPORTATION/TRAFFIC (R) 16. TE SG R ST IMPRO (S) Prior to the recordation of any final tract map, the subdivider shall design and construct the following improvements in accordance with plans and specifications meeting the approval of the Manager, Subdivision and Grading: A. Streets, street names, signs, striping and stenciling. B. The water distribution system and appurtenances which shall also conform to the applicable laws and adopted regulations enforced by the County Fire Chief. C. Underground utilities (including gas, cable, electrical and telephone), street lights, and mailboxes. (B) 17. TE TE B ROAD FEE PROG (S) Prior to the issuance of building permits, the applicant shall pay fees for the Major Thoroughfare and Bridge Fee Program listed below, in a manner meeting the approval of the Manager, Traffic Engineering. a. San Joaquin Hills Transportation Corridor (G) 18. TE SG G GUARD GATE AREA DESIGN (SS) Prior to issuance of precise grading permit, the subdivider shall design the guard house area adjacent to Reef Point Drive in a manner meeting the approval of the Manager, Subdivision and Grading Services. TT 15586 Page 15 of 15 (G) 19. TE SG G PRIVATE STREETS INTERSECT16NS (SS) Prior to issuance of any grading permit, the subdivider shall design the private streets intersections, in a manner meeting the approval of the manager, Subdivision and Grading Services. SPECIAL CONDITION (SS)20. CP NOTIFICATION This condition of approval is intended to give you notice that the fees, dedications, reservations or other exactions imposed on this project are as described in this approval and the reports and actions accompanying this approval. You are also on notice that the 90-day approval period in which the applicant may protest pursuant to Government Code Section 66020 has begun. I hereby certify that Tentative Tract Map No. 15586 (Vesting) was approved upon the foregoing conditions by the Orange County Subdivision Committee, on August 12, 1998, and will expire on August 12, 2001. P. J. Stanton, Manager Subdivision and Grading Services Chairperson, Subdivision Committee PJSNB:no(W] County of Orange PLANNING AND DEVELOPMENT SERVICES 1DLxxTxiT/7C xDDT TnxmTnV Application 1: PA980049 Date Filed: 04/08/1998 Application Type: COASTAL DEVELOPMENT TO PC Application Name: NEWPORT COAST PHASE IV-2 CDP Parcel(s): Address(es): Location: Project Area: 15586 OTM IRVCPLNG 04/08/98 04/08/98 NPCT PA 3A-2 &3B /W.OF CRYSTL CV 202.00 ACRE Public Project: N Initial Study Required: Y IS Charge #: P53646 IS Summary #: 082 Application Charge #: P55243 Summary #: 404 Owner Information Name: IRVINE COMMUNITY DEVELOPMENT dress: 550 NEWPORT BEACH NEWPORT BEACH CA ATTN:ROBERTA MARSHALL Zip: 92660 Phone: 714 720-2293 Applicant/Agent Information Name: FORMA Address: 3100 BRISTOL, STE: 100 COSTA MESA CA ATTN: CRAIG ROFFMAN Zip: 92626 Phone: 714 540-4700 Zoning: PC NPTC/ PA 3A2 & 3B APN: 47731011 CAA: 47 Census Tract: 626.17 Supv District: 5 Coastl Zone: YES LUE:'1B Comm Profile: 1.4 PC/SP: NEWPORT COAST PC Previous Apprv: MCDP PA970133; EIR 568; TTM 15444 & 15446; PA970046 (APIBK 477 PGS 3,10, &11) Project Proposal: COASTAL DEVELOPMENT PERMIT TO PC FOR PA 3A2 & 3B FOR THE CONSTRUCTION OF 325 CUSTOM SF HOMES AND GRADING FOR INFRASTRUCTURE. CONCURRENT FILLING'OF TTM 15586. DEPOSIT SUMMARY Total Deposit: 4,087.00 Payments: 4,087.00 BaGONED-r1 ZONALLY * 00 APPROVED BY:OCPC DATE:=� CURRENT PLANNING SERVICES MINUTES ORANGE COUNTY PLANNING COMMISSION MEETING - July 7, 1998 TIME: 1:34 P.M. ITEM 1: PUBLIC HEARING - Planning Application No. PA 98-0049, for Coastal Development Permit, FEIR 568, of Irvine Community Development Company. Executive Officer Buzas introduced the project. Planner IV Melton gave a brief presentation. He presented background information on the proposed project. He noted that the Commission approved PA 97-0133, for Master Coastal Development Permit in May of 1998 which permitted preliminary development on Planning Areas 3A, 3B, 12B and 14. He stated that the 'application before the Commission today is the next step in the planning and development of these areas. Mr. Melton stated that todays application is to establish precise graded building pads and infrastructure associated with the development And construction of 325 single-family detached dwelling unite in 202 acres within Planning Area 3A-2 and 3B. Mr. Melton stated that the County has received an application for Planning Area 14 and that the Commission would see this at a later date. Mr. Melton stated that staff has not receive any public opposition regarding this project. He stated that staff was recommending approval of the proposed project. 1:38 P.M.: The chairman opened the public hearing. Charles Griffin, resident of Newport Beach, handed out photo/graphics of his proposal for realignment of the El Toro MCAS runways if it becomes a commercial airport in the future. He discussed the runway accidents that have occurred in the past. He stated that if homes are built in the proposed project site they would be subject to noise produced by the aircraft. He requested that the Commission condition the project that would require future home buyers be told about aircraft noise even though it would be below the 65 CNEL County standard noise level. 1:45 P.M.: No one else wishing to be heard, the Chairman closed the public hearing. The Commission and County Counsel discussed Mr. Griffin's request. It was decided that a new condition of approval be added to'address the future airport use. ACTION: 1:50 P.M.: The motion of Moody, seconded by Long, to adopt Resolution No. 98-7 approving Planning Application No. PA 98-0049 as recommended in the Planning and Development Services report, dated July 7, 1998, with the addition of Condition of Approval No. 68 in Attachment A-1 as shown below was carried by a 4-0 vote. 68. CP BP U AIRCRAFT OVRFLT Should the Airport Land Use Plan be amended to where property and homes approved by this permit would be affected by overflight, sight, and sound of aircraft operating from what is now the E1 Toro Marine Corps Air station, then prior to the issuance of certificates of use and occupancy, the developer of the property shall prepare and record notice that this property is subject to overflight, sight, and sound of aircraft operating from what is now the E1 Toro Marine Corps Air Station in a manner meeting the approval of the Manager, Building Permits. ABSENT: Goacher ps(8070810441314)wvm RESOLUTION OF THE ORANGE COUNTY PLANNING COMMISSION COUNTY OF ORANGE, CALIFORNIA RE: PA 980049 - NEWPORT COAST PLANNING AREAS 3A-2 AND 313 COASTAL DEVELOPMENT PERMIT RES. NO. 98-07 DATE OF ADOPTION: July 7, 1998 On the motion of Commissioner Moody, duly seconded and carried, the following resolution was adopted. WHEREAS, the entire Newport Coast Planned Community, with exception of certain boundary adjustments approved by Resolution No. 89-39, is within the Coastal Zone as defined by the California Coastal Act of 1976 and is coterminous with the Newport Coast Planning Unit of the Local Coastal Program of the County of orange; and WHEREAS, in accordance with the California Coastal Act, the County of Orange has prepared a Local Coastal Program (LCP) for the Newport Coast; and WHEREAS, the Orange County Hoard of Supervisors adopted the First Amendment to Irvine Coast LCP/Land Use Plan by Resolution No. 87-1606 and the Irvine Coast LCP/Implementing Actions program by Ordinance No. 3674 on December 2, 1987; and the California Coastal Commission certified the Irvine Coast Local Program — January 14, 1988; and WHEREAS, the Orange County Hoard of Supervisors adopted the Irvine Coast Development Agreement (DA 87-16) on April 20, 1988, in accordance with the policies and regulations set forth in the 1988 certified LCP; and WHEREAS, the Orange County Board of Supervisors adopted the Second Amendment to Newport Coast LCP/Land Use Plan by Resolution No. 96-861 and the Second Amendment to the Newport Coast LCP/Implementing Actions Program by Ordinance No. 96-3974 on December 3, 1996; and the California Coastal Commission certified the Newport Coast Local Coastal Program — Second Amendment on December 11, 1996; and WHEREAS, the Orange County Board of Supervisors adopted the First Amendment to the Newport Coast Development Agreement (DA 87-16) on December 3, 1996, which enables the Irvine Company to, build out the Newport Coast Planned Community over a 20-year period in accordance with the policies and regulations net forth in the 1988 certified LCP and 1996 Second Amendment; and WHEREAS, the LCP — Second Amendment officially changed the name of the Planned Community from Irvine Coast to Newport Coast; and WHEREAS, the Orange County Planning Commission approved Master Coastal Development Permit (MCDP) 88-11P by Resolution No. 88-46 on May 4, 1988; and WHEREAS, the Orange County Planning Commission approved MCDP— First and Second Amendments (CD 89-26P and CD 9005219001P, respectively) by Resolution 89- 39 on October 16, 1989 and Resolution 90-19 on June 18, 1990; and WHEREAS, the Orange County Planning Commission approved MCDP— Third Amendment (CD 900703001P) by Resolution 92-08 on March 11, 1992; and 9e0049xs M 9/98 PLANNING COMMISSION RESOLUTION NO. 98-07 PA 980049 / PAs 3A-2 and 3B Page 2 WHEREAS, the Orange County Planning Commission approved MCDP— Fourth Amendment (PA 94-0149) by Resolution 95-13 on June 27, 1995; and WHEREAS, the Orange County Planning Commission approved Master COP — Master CDP Fifth Amendment (PA 970076) by Resolution 97-06 on September 23, 1997; and WHEREAS, the Orange County Planning Commission approved Master CDP — Sixth Amendment (PA 970133) by Resolution 98-05 on May 5, 1998; and WHEREAS, the CD "Coastal Development" District Regulations, Section 7-9-118 requires that a Coastal Development Permit may be approved only after the approving authority has made the findings in the Orange County Zoning Code Section 7-9-150 and.Section 7-9-118.6(e); and WHEREAS, pursuant to California Government Code Section 65000 at seq. the County of Orange has an adopted General Plan which meets all of the requirements of State Law; and WHEREAS, in compliance with said laws a legally noticed public hearing was held by the Orange County Planning Commission on July 7, 1998 to consider Planning Application PA 980049 for the Planning Areas 3A-2 and 3B Coastal Development Permit proposed by Irvine Community Development Company; and WHEREAS, in compliance with the California Environmental Quality Act (California Public Resources Code Section 21000 at seq.) and the State CEQA Guidelines (California Administrative Code Sections 15000 at seq.) EIR No. 568 has ben prepared to evaluate the potential adverse environmental effects of the proposed project; and NOW THEREFORE, BE IT RESOLVED that the Planning Commission makes the following findings with respect to Coastal Development Permit PA 980049: NOW THEREFORE, BE IT RESOLVED: 1. That the Orange County' Planning Commission considered Planning Application 980049 and Final EIR No. 568. 2. That Final EIR No. 568 was considered prior to approval of the project and determined to adequately address all potential adverse environmental impacts of the proposed project and meet all the requirements of CEQA and the State CEQA Guidelines. 3. That the Orange County Planning Commission hereby approves Coastal Development Permit PA 980049 for The Newport Coast Planned Community PA 3A-2 and PA 3B subject to the Findings as set forth in Attachment A-1 and the Conditions of Approval as included in Attachment A-2 to this Resolution. 980049RS.RPD 7/98 PLANNING COMMISSION RESOLUTION NO. 98-07 PA 980049 / PAs 3A-2 and 3B Page 3 4. That the conditions adopted herein are reasonably related to the use of the property and necessary for appropriate development and operation of the uses permitted by the Newport Coast Local Coastal Program — Second Amendment. AYES: Commissioners — Moody, Long, McBurney, Nielson NOES: Commissioners — None ABSENT: Commissioners — Goacher I hereby certify that the foregoing Resolution No. 98-07 was adopted on July 7, 1998 by the Orange County Planning Commission. ORANGE COUNTY PLANNING COMMISSION by Jokm 980049NS.MP0 ATTACHMENT A-1 -- FINDINGS PLANNING COMMISSION RESOLUTION NO. 98-07 PLANNING APPLICATION 980049 FOR NEWPORT COAST PLANNING AREAS 3A-2 and 3B CDP That the Planning Commission makes the following Findings with respect to Planning Application 980049 for a Coastal Development Permit: 1. County Requirements are being met as follows: a. General PSan. The use or project proposed is consistent with the General Plan. b. Zoning Code. The use, activity or improvement proposed by the application is consistent with the provisions of the Orange County Zoning Code. c. 9M. The approval of the permit application is in compliance with the requirements of the California Environmental Quality Act as demonstrated in Resolution No. 98-04. d. Comnatibility. The location, size, design and operating characteristics of the proposed use will not create significant noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity. a. General welfare. The application will not result in conditions or circumstances contrary to the public health and safety and the general welfare. f. Development Fees for Provision of Public Facilities. The requirements of Orange County Code Section 7-9-711 have been met. g. Mitigation Measure Monitoring. The monitoring requirements of Public Resources Code 'Section 21081.6 have been met in that a Mitigation Measure Monitoring and Reporting Plan, has been prepared. h. Local Coastal Program. The project proposed by the application conforms with the certified Second Amendment to the Newport Coast Local Coastal Program in a manner as approved by the Orange County Planning Commission in Resolution No. 96-04 dated May 21, 1996 and by the Orange County Board of Supervisors in Resolution No. 96-861 dated December 3, 1996 and in Ordinance No. 96-3974 dated December 3, 1996. i. Master Coastal Development Permit. The original Master Coastal Development Permit (MCDP) for Newport Coast (MCDP 88-11P) and Vesting Tentative Tract Map 13337 established master utilities 910040RS.WPO 7198 ATTACHMENT A-1 -- FINDINGS PA 980049 / PAs 3A-2 and 3B Page 2 and backbone infrastructure, allowing large-scale land subdivision for the overall Newport Coast community. The Master Coastal Development Permit — Sixth Amendment (PA 970133) and Vesting Tentative Tract Map No. 15444 and No. 15446 established the boundary lines between Planning Areas (PA) 3A-2 and 3B, 3A-2 and 12B, 3B and 12B, 3B and 14, updated the Planned Community Development Map and Planned Community Statistical Table contained within the Newport Coast Master Coastal Development and modified the alignment of Crystal Cove Drive. j. Newport Coast Development Acreement. The project proposed by the application conforms with the Newport Coast Development Agreement WA 87-16) approved by the Board of Supervisors on April 20, 1988 (Resolution No. 96-537) and the Development Agreement First Amendment (DA 96-03), approved on December 3, 1996 (Resolution No. 96-861), and as demonstrated in the following findings. 2. Based on the information and analysis contained in Final EIR No. 568, the project will have no new significant adverse impacts to environmental effects beyond those identified, mitigated, or for which overriding considerations were adopted in connection with Final EIR No. 568 or the previous environmental documentation prepared for the Newport Coast LCP — Second Amendment, the Newport Coast Master Coastal Development Permit, and the Irvine (Newport) Coast Development Agreement. The Findings approving the LCP — Second Amendment and contained in Board of Supervisors' Resolution No. 87-1327 and the Findings certifying EIRs 485 486, 511 and 528 contained in Resolution Nos. 88-24, 88-45, 89-38, 92-07 are incorporated herein by reference, as though fully set forth. 3. All development projects within the Newport Coast Planned Community are subject to approval of a Coastal Development Permit in compliance with Chapter 10 of the Newport Coast LCP and the County's "Coastal Development" District Regulations, Orange County Zoning Code Section 7-9-118. 4. This Coastal Development Permit is for the development proposal in The Newport Coast Planned Community Medium Density Residential Planning Areas 3A-2 and 3B, Development Areas 3A-2a, -2b, -2c, -2d, 3B-la, -lb, -lc, -le, 3B-2a, -2b, and -2c. 5. Development within Newport Coast Planning Areas 3A-2 and 3B, related to residential development will modify category ^D" ESHAs. No other category of ESHA will be affected, and the development within Planning Areas 3A-2 and 3B complies with LCP ESHA policies in that development is permitted to modify or eliminate vegetation and drainage courses in category "D^ ESHAs, which have little or no riparian habitat value; and all development impacts will be mitigated by the open Space Dedication and Riparian Habitat Creation Programs (LCP I-2-A-2a (page 1-2.4)). 9500,9RS.M 9/96 ATTACHMENT A-1 -- FINDINGS PA 980049 / PAs 3A-2 and 3B Page 3 6. Aesthetics and the protection of sensitive visual resources within the Newport Coast are addressed in the LCP. The LCP, Exhibit C, identified the following four visually significant resources visible from PCH: Los Trancoa Canyon, Lower Wishbone, Moro Hill, and the Pacific Ocean. The Lower Wishbone area is included in the site. According to the LCP, the ocean is the dominant visual resource in all cases and will not be affected by the project. In addition, the Open Space Dedication Program of the LCP protects views of other areas defined as "Visually Significant Lands". 7. Development within Planning Areas 3A-2 and 3B complies with LCP Appendix Item 6, 'Visual Analysis; The Newport Coast Proposed Land Use Element" in that residential development has been pulled back from Reef Point Drive and Crystal Cove Drive, and clustered on the ridgetops. 8. Development within Planning Areas 3A-2 and 3B is consistent with LCP Special Use Open Space policies in that an offer of dedication for Los Trancos Canyon Planning Area 12A has been made to the County of Orange in a form approved by the Manager, Public Facilities and Resources Department / Harbors, Beaches and Parke - Program Management (LCP I-3-A-2b (page 1-3.53). 9. Planning Areas 3A-2 and 3B are proposed for development as custom estate single-family detached housing projects, with a total of 325 dwelling units on approximately 202.2 acres with an overall density of 1.6 dwelling units per acre. Planning Areas 3A-2 and 3S have been subdivided into the following 11 Development Areas: a. Development Area 3A-2a is proposed with a total of 9 dwelling units on approximately 13.1 acres with an overall density of 0.7 dwelling units per acre. b. Development Area 3A-2b is proposed with a total of 18 dwelling units on approximately 15.2 acres with an overall density of 1.2 dwelling units per acre. C. Development Area 3A-2c is proposed with a total of 6 dwelling units on approximately 7.2 acres with an overall density of 0.8 dwelling units per acre. d. Development Area 3A-2d is proposed with a total of 47 dwelling units on approximately 22.8 acres with an overall density of 2.1 dwelling units per acre. e. Development Area 3B-la is proposed with a total of 41 dwelling units on approximately 24.2 acres with an overall density of 1.7 dwelling units per acre. f. Development Area 3B-lb is proposed with a total of 64 dwelling units on approximately 32.7 acres with an overall density of 2.0 dwelling units per acre. 980049RS.HPD 7/98 ATTACFO• = A-1 -- FINDINGS PA 980049 / PAs 3A-2 and 3B Page 4 g. Development Area 3B-1c is proposed with a total of 78 dwelling units on approximately 21.7 acres with an overall density of 3.6 dwelling units per acre. h. Development Area 3B-le is proposed with a total of 4 dwelling units on approximately 7.2 acres with an overall density of 0.6 dwelling units per acre. i. Development Area 3B-2a is proposed with a total of 21 dwelling units on approximately 26.8 acres with an overall density of 0.8 dwelling units per acre. J. Development Area 3B-2b is proposed with a total of 16 dwelling units on approximately 11.7 acres with an overall density of 1.4 dwelling units per acre. k. Development Area'3B-2c is proposed with a total of 21 dwelling units on approximately 19.6 acres with an overall density of 1.1 dwelling units per acre. 10. In terms of adopted procedure, this CDP sets forth certain elements of planning approval and is processed as a large-scale plan that implements the Newport Coast LCP Chapter II-10, Discretionary Permits and Procedures; Section II-10-A-2 and -3, Coastal Development Permits and Applications. 11. The portion of the CDP encompassing the proposed residential project within Planning Areas 3A-2 and 3B is consistent with the applicable LCP Site Development Standard provisions (LCP II-4-C-6) based on the following: a. Under the LCP, the DA 3A-2 and DA 3B site is designated for Medium Density Residential development, which permits a maximum density of 6.5 dwelling units per gross acre. b. No building site area will be lose than 2,500 square feet for detached/attached single-family, or non-residential development. C. Regardless of the slope of the land, the gross land area per dwelling unit is above the 1,000 square feet minimum. d. Building height will be consistent with the maximum 35 feet standard as defined in LCP Chapter II-14 (page II-4.17). e. Two or more car garages will be provided for all units. f. Street lights will be designed and located so that rays are aimed at the site. g. Areas of disturbed soil will be hydro -seeded to control erosion. 990049RS.HPD 7/90 ATTACHMENT A-1 -- FINDINGS PA 980049 / PAs 3A-2 and 3B Page 5 h. Manufactured slopes along development edges will incorporate contour -grading techniques. i. The principle project collector roads will maintain between 36 and 40 feet of paving with a 4-foot sidewalk backing a 6.5-foot or 8-foot parkway on both sides of the street. Single -loaded cul-de-eats serving the residential neighborhoods will maintain 28 feet of pavement with 4-foot sidewalks backing a 6.5-foot parkway on the loaded side of the street only. Lighting along the streets will be limited to intersections and cul-de-sacs. 12. The proposed residential housing project is consistent with the LCP Archeological policies in that: a. The MCDP 89-26P conditions of approval require that a County - certified archeologist complete a literature and records search and a field survey. The search and survey for PAs 3A-2 and PA 3B has been completed. b. The MCDP 89-26P conditions of approval require that a County - certified archeologist conduct subsurface teats prior to grading and determine site disposition. Subsurface excavations have been complete and analyzed, and reports are being prepared. Resource surveillance will be provided during grading operations. 13. The proposed residential housing project'a improvements are consistent with the LCP Paleontological policies in that: a. The MCDP 89-26P conditions of -approval require that a County - certified paleontologist complete a literature and records search and a field survey. This search and survey had been completed. No paleontological resources were identified. b. The MCDP 89-26P conditions of approval required that a County - certified paleontologist conduct pregrading salvage and resource surveillance if necessary. Since no resources were identified, no pregrading activities are required. During grading, resource surveillance will be conducted. 14. Consistent with LCP Runoff Policies, peak flood discharge rates in major watersheds will not exceed pre -development levels. Post -development runoff is either reduced or diverted by redirecting storm runoff from six existing culverts to the Muddy Canyon culvert inlet. Although the runoff rates will be greater at the Muddy Canyon culvert, the increased flow rate of eight percent (8%) is within the ten percent (10%) increase as allowed by the LCP. 99UU,9R9.M9U 9/98 ATTACHMENT A-1 -- FINDINGS PA 980049 / PAs 3A-2 and 3B Page 6 IS. The MDRMP was approved by the County in connection with approval of the Master CDP 88-11P. The MDRMP addresses, in a comprehensive manner, the policies contained in Sections I-3-&,-I,-J,-IC and -L of the LCP. It provides data on existing water quality and quantity, and an assessment of project impacts on water resources, existing and proposed riparian habitats, and off -shore marine lifa. Mitigation measures, long-term maintenance, and a monitoring program are described. This report demonstrates compliance with the applicable LCP policies, and its findings demonstrating such compliance are incorporated herein by reference. Specifically: a. The areas to be developed are used for grazing and have a high erosion rate. After development, erosion rates will be significantly lower than existing rates and will approximate natural conditions. (LCP I-3-I-1 (page I-3, 303) b. Plans for sedimentation and erosion control will respond to requirements for' reseeding and planting disturbed soil. (LCP I-3-I-2 [page I-3.293) C. Erosion control devices will be installed. Additional preventive erosion control measures described in the Orange County Grading Manual and the City of Newport's Sedimentation and Erosion Control Manual will be integrated into each Development Area site plan, as appropriate. (LCP I-3-I-3,-4, and -5 [page I-3.303) d. The MDRMP recommends that detention basins be converted to desilting basins during construction. During the design stage and prior to the initial grading operations, configurations and structural details of these desilting basins will be prepared as part of the submitted design. The erosion control design plans for each development cluster will identify additional desilting basins in accordance with the orange County Grading Manual. (LCP I-3-J-1 [page I-3.303) e. Vegetative cover and temporary mechanical means of controlling sedimentation will be established and conducted as described in the MDRMP and in accordance with Orange County's Grading Manual. (LCP I-3-J-2 and-3 (pages I-3.30 and I-3.313) f. In order'to maintain channel stability, Rivertech has identified a number of locations where detention basins may be constructed. Chapter VII of the MDRMP includes a detailed study of the mechanics of Huck Gully downstream from Newport Coast Drive. That chapter identifies and describes size and configuration of the facilities required to maintain the stability of the downstream reach of Buck Gully. The sediment yield to the beach is expected to be less than existing and will approximate natural conditions. (LCP I-3-J-5 [page I-3.313) 980049RS.MPD 7/98 ATTACHMENT A-1 -- FINDINGS PA 980049 / PAs 3A-2 and 3B Page 7 g. Except during the construction, Rivertech foresees no long term need for sediment catch basins. (LCP I-3-a-5 [page I-3.31]) h. Portions of Planning Areas 3A-2 and 3B drain into Muddy Canyon or Los Trancos Canyon. Most drainage goes into Muddy Canyon where all the detention basins described in PA 980049 were sized to take 3A-2 and 3B drainage flows. The drainage that flows from the northern portion of PAs 3A-2 and 3B will be discharged through streets and energy dissipaters into Los Trancos Canyon or under PCH through existing facilities to the beach in Crystal Cove State Park. i. Drainage facilities will be designed and submitted with the project grading plans. (LCP I-3-K-2 and -3 [page I-3.32]) J. Impact type energy dissipaters with riprap installed in Crystal Cove State Park as part of PCH improvements reduce the flow velocity and shear stress to non -eroding values at the outlet of storm drains. (LCP I-3-K-5 [page 1-3.32]) k. Based on analysis performed by The Keith Companies, all structures draining into the study area across PCH have adequate capacity to convey the design discharges. Runoff from the proposed development will be released to the natural water courses. The exact terminus location of each storm drain will be determined during the design stage, based on geotechnical, hydraulics, and stream mechanics analyses. (LCP I-3-K-6 [page I- 3.32]) 1. Soils and engineering studies have been submitted to the County. (LCP 1-3-L-1 [page I-3.32]) M. The MDRMP addresses grading from October 15 through April 15, and identifies those measures necessary for adequate erosion control. (LCP I-3-L-2 [page I-3.33]) n. Project plans call for appropriate permanent and temporary stabilization techniques as identified in the soil and geotechnical reports for PAs 3A-2 and 3B. (LCP I-3-L-3,-5, and -6 [pages I-3.33 and I-3.34]) o. Stockpile locations for topsoil will be identified in the final landscape plans. p. The grading for the PAs 3A-2 and 3B CDP will be terraced to conform to the general topography. Terraces will have variable heights to avoid uniformity. Through the use of a meandering interior roadway, a stair -stepped appearance will be avoided. Perimeter edges will be treated with daylight cuts and fills 980089RS.RPD 7/98 ATTACHMENT A-1 -- FINDINGS . PA 980049 / PAs 3A-2 and 3B Page 8 following the existing topography where possible. Slopes will be varied from 2:1 and flatter, and contoured into the existing topography. Slopes will be terraced along the project interface with roads, integrating the slopes created by roadway construction with grading for future residential projects. Thus, the graded slopes will appear natural, blending into the existing environment and mitigating the potential visual effects of grading. (LCP I-3-L-8 (page I-3.34)) 16. The design -specific runoff management strategy for the proposed project reduces peak storm runoff via two permanent and two temporary detention basins, as well as drainage diversions to protect coastal terraces in Crystal Cove State Park. Peak 100 year storm flows from the culverts under Pacific Coast Highway will be significantly reduced to rates below pre -development peak rates due to these diversions, with the exception of the Muddy Canyon culvert. Portions of the 100 year peak runoff from the central project area, and all of the runoff from the eastern project area, will be directed to Muddy Canyon just upstream of the PCH culvert via an underground pipeline and the two temporary detention basins along PCH. Although the tributary drainage areas and runoff rates are greater at the Muddy Canyon culvert due to the redirection of flown in the post -development condition, the increased rate is within tan percent above the pre -development discharge of the 100 year storm event, as allowed by the LCP. 17. The proposed project complies with the LCP Circulation policies (LCP I-4-8 (pages I-4.19 through I-4.341. a. Roads are designed to meet County safety standards; b. Roads will be landscaped; C. All internal roadways are curvilinear and all slopes contoured into the existing topography; d. Residential areas are served by private streets an/or driveways; e. All modifications to existing roadway standards have been carefully considered and justified by safety and circulation conditions. f. Roadway grading has been blended into existing topography by contour grading, where feasible. Retaining walls and other structures have been used to minimize grading impacts. g. Traffic Management Program measures have been incorporated into the project where appropriate. 980089RS.MPD 7/98 ATTACHMENT A-1 -- FINDINGS PA 980049 / PAS 3A-2 and 3B Page 9 h. Road design and sections for entry roads, collector roads, residential streets, and private driveways have been designed to be consistent with LCP Exhibit P, Residential Entry Road & Residential Streets,- Typical Sections. i. All roadway improvements established in LCP Exhibit Q, Newport Coast Arterial Roadway Phasing Summary, will be installed on or before the triggering mechanisms called for in Exhibit Q. 18. The proposed project complies with the LCP Public Works/Infrastructure policies in that it includes necessary sewer improvements and drainage improvements. All public works/infrastructure is provided in the major public roadways approved under Master CDP 89-26P and the Pelican Hill Road CDP (for Newport Coast Drive ), and the roadways proposed in this project. (LCP I-4-F-1 through -7 (pages I-4.19 through I-4.341)• The proposed infrastructure improvements in Newport Coast Planning Areas 3A-2 and 3B are consistent with the applicable LCP standard provisions (LCP II-4c [page II-4.19-23)) based on the following: a. Areas of disturbed soil will be hydro -seeded to control erosion. b. Manufactured slopes along development edges will incorporate contour -grading techniques. c. The principle local streets will maintain 36 feet of paving with 48-inch sidewalks on one aide of the street. 19. The LCP Development/Open Space Edge policies apply to the Fuel Modification zone along the northeastern limits of PA 3A-2, including DAs 3A-2a and 3A-2b, and the southeastern limits of PA 3B, including DAs 3B-2a and 3B-2c, in that: a. The use of trees will help screen the edge of development from off -site views. b. The fuel modification program utilized, as approved in the Master CDP - Sixth Amendment (PA 970133), will consist of the following zones: Zone A provides a 20-foot minimum setback as defensible space immediately adjacent to private yards and residences. The down slope in this zone is planted and irrigated. Zone B is a minimum of 50 feet of permanently irrigated landscaping to be maintained by the homeowners association. Zone B may include medium height, open tree groups near common property lines. Drought -tolerant and fire-resistant plant materials are required. Zone C is a 50-foot-wide minimum thinning zone (with plants thinned to 50 percent of existing density) that will be maintained by the master community association. Natural vegetation is thinned to reduce the fuel load, and all dead and dying vegetation, debris and trimmings shall be removed from the 980049RS.NPD 7/99 ATTACHMENT A-1 -- FINDINGS PA 980049 / PAS 3A-2 and 38 Page 10 site. Zone D is a 50-foot-wide minimum thinning zone to 30 percent, immediately adjacent to native open space. The depth of fuel modification will meander depending upon topography. Conceptual Fuel Modification Plans for the project site have been approved by the County Fire Authority. Emergency access points to the fuel modification edges have been identified and annual maintenance will be a responsibility of the Homeowners Association. (LCP I-3-M-4 through -10 [pages I-3.36'through I- 3.40)) 20. Pursuant to Section 711.4 of the California Fish and Game Code, there is no evidence that. this project will have any potential for adverse effects on wildlife resources. 21. The proposed project maintains the ability to promote an effective subregional Natural Communities Conservation Planning (NCCP) Program and will not have a significant unmitigated impact upon Coastal Sage Scrub habitat. 22. Residential uses approved as part of the LCP were found consistent with the requirement of Coastal Act Section 30250 in that development within the Newport Coast has been clustered near existing residential areas and existing employment centers. Clustering of residential units preserves open space, reduces grading impacts, and enhances the compatibility of private development with public open space. By clustering residential uses on the ridges away from sensitive habitat areas in the canyon bottoms, the LCP complies with Coastal Act Section 30240. Approval of this CDP carries out these policies. 23. In accordance with Section 30007.5 of the Coastal Act, the LCP Open Space Dedication Program protects certain specified coastal resources and offsets adverse environmental impacts in residential development and recreation areas which are otherwise not mitigated. Permanent protection and preservation of major canyon watersheds, visually significant ridgelines, stream courses, archeological and paleontological sites, riparian vegetation, coastal chaparral and wildlife habitat is provided by dedication to a public agency. Large-scale master planning and dedication programming for The Newport Coast enables the permanent protection of large, contiguous open space areas rather than the protection of smaller, discontinuous habitat areas that might result from a project -by -project site mitigation approach. A much greater degree of habitat and open space protection can be achieved by dedication programs that assemble large blocks of habitat area contiguous to Crystal Cove State Park than would be possible with project -by - project mitigation measures. The Newport Coast Dedication Program will result in approximately 7,234 acres devoted to open space and recreation use which includes 2,807 acres in Crystal Cove State Park, 2,666 acres in Wilderness Open Space, 1,161 acres in Special Use Open Space Dedications, and over 600 acres in the Golf Course and other non -dedicated recreation areas. 900049RS.WPD 7/99 ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PLANNING COMMISSION RESOLUTION NO. 98-07 PLANNING APPLICATION 980049 FOR NENPORT COAST DEVELOPMENT AREAS 3A-2 AND 3B CDP 1. LP NA NA BASIC This approval constitutes approval of the proposed project only to the extent that the project complies with the Orange County Zoning Code and any other applicable zoning regulations. Approval does not include any action or finding as to compliance of approval of the project regarding any other applicable ordinance, regulation or requirement. 2. LP NA NA BASIC This approval is valid for a period of 36 months from the date of final determination. if the use approved by this action is not established within such period of time, this approval shall be terminated and shall thereafter be null and void. 3. LP NA NA BASIC Except as otherwise provided herein, this permit is approved as a precise plan. After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Director of Planning for approval. If the Director of Planning determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plot plan, he may approve the changed plan without requiring a new public hearing. 4. LP NA NA BASIC Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Orange County Board of Supervisors. S. LP NA NA BASIC Applicant shall defend at his/her sole expense any action brought against the County because of issuance* of this permit or, in the alternative, the relinquishment of such permit. Applicant will reimburse the County for any court costs and attorneys fees which the County may be required by a court to pay as a result of such action. County may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 6. CP NA NA BASIC/OBLIGATIONS Pursuant to Government Code Section 66020, the applicant is informed that the 90-day period in which the applicant may protest the fees, dedications, reservations or other exactions imposed on this project through the conditions of approval has begun. 980049C .NPU 5/99 ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 3B Page 2 7. LP LP NA SPECIAL All drainage and grading shall be consistent with the provisions of the Newport Coast Planned Community/Local Coastal Program — Second Amendment and the Master Coastal Development Permit. 8. EP EP D NCCP BOUNDARY Prior to the issuance of certificates of use and occupancy, the subdivider shall provide precise digital linework adjusting the Center Coastal Sub - regional NCCP/HCP Reserve boundary to ensure no net loss of the adopted reserve acreage total in a manner meeting he approval of the Administrator/Planning and Zoning. 9. SG SG B GROWTH MANAGEMENT Building permit issuance shall be phased in accordance with any Board of Supervisors -approved growth management phasing plan pertaining to the timely provision of public services and facilities. A valid Board of Supervisors -approved development agreement pertaining to the property which includes a development phasing plan shall satisfy the requirements of this condition. This condition shall be noted on the final map. 10. AP AP B BUYER NOTIF MAP Prior to the issuance of any building permits for residential construction, the developer shall comply with Board of Supervisors Resolution 82-1368 (Buyer 'Notification Program) which requires the developer to prepare a map denoting the existing and proposed land uses, arterial highways, and public facilities within the surrounding area for the approval of the Director of Planning. The map content, display, and distribution shall be in accordance with the Buyer Notification Program guidelines approved by the Board of Supervisors and available at the Development Processing Center. 11. EP EP B HOMEOWNER NOTIF First time homebuyers shall be clearly advised in writing with a statement by the developer, or agents or assigns, of the implications of living adjacent to natural open space areas, prior to any sales transaction. This statement shall be approved by the Manager, Environmental and Project Planning Services prior to the issuance of building permits. It shall include items such as: a warning about the dangers and nuisances posed by wildlife that may forage in the development edge; the responsibilities and benefits that are associated with living near such an area; and fire related management and the potential need to conduct controlled burns. This statement shall be written to foster an appreciation of wildlife and to identify measures that shall be taken to minimize conflicts between wildlife, domestic animals, and humans, such as restricting free roaming domestic cats. Restrictions and minimization measures shall also be included in the Covenant, Codes and Restrictions on the properties. 950049M.HPD 9/99 ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 3B Page 3 12. TE BI U SPEC TAX NOTIF Prior to the issuance of any certificates of use and occupancy, the developer shall provide evidence to the Manager, Building Inspection, that the Department of Real Estate has been notified that the project area is within the boundaries of a Community Facilities District (CFD), and will be subject to special taxes for public facilities and/or services. 13. DS DS R ASSESSMENT DISTRICT FINANCING Prior to the recordation of a final tract/parcel map, the subdivider shall prepare any required improvement plans and shall identify on the plans the limits of all*the facilities which the subdivider intends to fund through a Mello -Roos Community Facilities District (CFD) or Assessment District (AD) bond program. In addition, the improvement plans shall identify the specific CFD or AD under.which the improvements will be funded, in a manner meeting the approval of the Manager, Subdivision and Grading. 14. SD SO RG DRAINAGE STUDY Prior to the recordation of the final tract map or prior to the issuance of any grading permits, whichever comes first, the following drainage studies shall be submitted to and approved by the Manager, Subdivision and Grading: A. A drainage study of the subdivision including diversions, off -site areas that drain onto and/or through the subdivision, and justification of any diversions; and B. When applicable, a drainage study evidencing that proposed drainage patteins will not overload existing storm drains; and C. Detailed drainage studies indicating how the tract map grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood. D. Prior to issuance of building permits, the developer/applicant shall demonstrate that storm drains, as illustrated in the refined MDRMP, Exhibit V, have been installed to convey runoff to well defined channels. The design of pipes and supporting geotechnical information for proper release point design has been addressed in the required refined MDRMP in compliance with LCP policies I-3-K-5, I-3-K-1, I-3-K-4, I-3-K-6, I-4-B-5, I-4-F-7. 980D49G.MVD 5/99 ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 3B Page 4 E. Prior to issuance of building permits, the developer/ applicant shall demonstrate that piping has been constructed to convey water exiting the detention basins to energy dissipaters and riprap lining (rock) located at the outlets of the piping. These structures shall be constructed in order to reduce the velocity of flow and prevent excessive downstream erosion. 15. SD SD R DRAINAGE IMPROV Prior to the recordation of a final tract map or prior to the issuance of any grading permits, whichever comes first, the applicant shall in a manner meeting the approval of the Manager, Subdivision and Grading: A. Design provisions for surface drainages and B. Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and C. Dedicate the associated easements to the County of Orange, if determined necessary. 16. SD SD RU DRAINAGE IMPROVE Prior to the recordation of a final tract map, or prior to the issuance of any certificates of use and occupancy, whichever occurs first, said improvements shall be constructed in a manner meeting the approval of the Manager, Construction Division. 17. SG SG G NPDES PERMIT Prior to the issuance of any grading permits, the applicant shall submit evidence to the Manager, Subdivision and Grading, that the applicant has obtained coverage under the NPDES statewide General Stormwater Permit form the State Water Resources Control Board. 18. SD SD RG DRAINAGE OFFSIT Prior to the recordation of a final tract map or prior to the issuance of any grading permit, whichever comes first, and if determined necessary by the Manager, Subdivision and Grading, a letter of consent, in a form approved by the Manager, Subdivision and Grading, suitable for recording, shall be obtained from the upstream and/or downstream property owners permitting drainage diversions and/or unnatural concentrations. 19. SD SD R MPD PARTICIPTN Prior to the recordation of a final tract map, the subdivider shall participate in the applicable Master Plan of Drainage in a manner meeting the approval of the Manager, Subdivision and Grading, including payment of fees and the construction of the necessary facilities. 990049C .MPD 5199 ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 3B Page 5 20. SD SD R EASMT SDBORD Prior to the recordation of a final tract map, the subdivider shall not grant any easements (except utilities) over any property subject to a requirement of dedication or irrevocable offer to the County of Orange or the Orange County Flood Control District, unless such easements are expressly made subordinate to the easements to be offered for dedication to the County. Prior to the granting any of said easement, the subdivider shall furnish a copy of the proposed easement to the Manager, Subdivision and Grading, for review and approval. 21. SG SG RG CROSS -LOT DRAINAGE Prior to the recordation of a subdivision map or prior to the issuance of any grading permit, whichever comes first, and if determined necessary by the Manager, Subdivision and Grading, a letter of consent, in a form approved by the Manager, Subdivision and Grading, suitable for recording, shall be obtained from the affected property owners for off -site grading and/or drainage. The owner/applicant shall record said letters of consent for off -site drainage and/or croon -lot drainage prior to recordation of the subdivision map or prior to the issuance of any grading permit, whichever comes first. Acceptance of cross -lot drainage on lots within the tract/parcel map boundaries shall be noted on the recorded map. 22. EH EH R SEWER LINES Prior to the recordation of the final tract map, sewer lines, connections and structures shall be of the type installed in the location as specified in the "Guidelines Requiring Separation Between Water Mains and Sanitary Sewers, Orange County Health Department 1980," in a manner meeting the approval of the Manager, Environmental Health. 23. EH EH G VECTOR CONTROL Prior to the issuance of the first grading permit, the Manager, Environmental Health, shall be requested to initiate the survey process of the tract site to determine if vector control measures are necessary. If warranted, such measures shall be conducted by the developer is a manner meeting the approval of the Manager, Environmental Health. 24. SG SG B ARCHITECTURAL COATINGS Prior to issuance of building permits, during plan check, the Construction Manager shall utilize as much as possible precoated/natural colored building materials, water -based or low-VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coatings application such as paint brush, hand roller, trowel, spatula, dauber, rag or sponge. This measure will be included in the construction plans and will be verified by the Manager, Building Permits. 980049G."9D 5/98 ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 3B Page 6 25. EP EP NA NOTICE OF DETERMINATION Pursuant to Section 711.4 0£ the Fish and Game Code, the applicant shall comply with the requirements of AB 3158, prior to the filing of the Notice of Determination for the project, in a manner meeting the approval of the Manager, Environmental and Project Planning. 26. SG SG B WATER CONSERVATION Prior to issuance of building permits, the project design will incorporate low -flow plumbing fixtures and reclaimed water for landscaping to minimize consumption of domestic water. The water conservation features will be verified by the Manager, Subdivision and Grading Services. 27. SG SG B ENERGr EFFICIENT APPLIANCES Prior to approval of building permits, pursuant to Title 24, California Code of Regulations (CCRa), the project design will incorporate the use of energy efficient appliances wherever feasible to minimize the ongoing use of electrical and natural gas resources. The project design will be verified by the Manager, Subdivision and Grading Services. 28. ER SG GB POLLUTANT RUNOFF Prior to the issuance of precise grading or building permits, whichever comes first, the applicant shall submit and obtain approval from Manager, Subdivision and Grading, of a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that.will be used on -site to control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine, structural and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP) Appendix which details implementation of BMPs whenever they are applicable to a project, the assignment long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(a) of structural BMPs. FIBS 29. F F R WATER IMP. PLANS Prior to the recordation of the final tract map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated and approved by the Fire Chief. 990049G.M90 5/99 ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 3B Page 7 30. F F B COST PAS PLAN Prior to the issuance of any building permits, a construction phasing plan shall be submitted to approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units served. "31. F F R SPECIAL FIRE PROTECTION AREA NOTIF Prior to the recordation of any final tract map, the subdivider shall place a note on the map meeting the approval of the Fire Chief that the property is in a Special Fire Protection Area and must most all requirements for development within the area or file for an exclusion with the Fire Chief. 32. F F B SPECIAL FIRE PROTECTION AREA DEVELOPMENT Prior to the issuance of any building permits, the applicant shall most all requirements for development and construction within a Special Fire Protection Araa, including street widths, Class A roof assemblies, fire sprinklers, etc. 33. F F SR FIRE ACCESS Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the County. The CC&Rs shall contain provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes in within said easement. The gradient for Fire Department access roads shall not exceed 10 percent. This may be increased to a maximum of 15 percent when all structures served by the access road are protected by automatic fire sprinkler systems. 34. F F RB FIRE HYDRANTS Prior to- the recordation of subdivision map or the issuance of any building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on -site Eire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. 35. F F BU AUTO FIRE M= Prior to the issuance of any building permits, if determined applicable by the Fire Chief that automatic fire extinguishing is needed for fire protection, all underground piping for automatic fire extinguishing systems shall be approved by the Fire Chief. Plans for automatic fire extinguishing systems shall be approved by the Fire Chief prior to installation. Notification of the Fire Chief's approval shall be forwarded to the Manager, Building Inspection Division, prior to the 99004M.WD 5/98 ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 3B Page 8 i_; issuance of any certificates of use and occupancy. Further, such systems shall be operational prior to the issuance of a certificate of use and occupancy. 36. F F NA FIRE ALARM Prior to installation, plans for the fire alarm system shall be submitted to and approved by the Fire Chief. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. 37. F F G ACCESS GATES Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval for the construction of any gate across required Fire Authority access roads/drives. Contract the Orange County Fire Authority at (714) 744-0403 for a copy of the "Guidelines for the Fire Authority Emergency Access^. 38. F F B FIRE SPRINKLER SYSTEM Prior to the issuance of any building permits for all structures greater than 6,000 square feet or structures identified by the Fire Chief, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy. 39. F F G STREET PLANS Prior to the issuance of grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager, Subdivision and Grading. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when other conditions require it the minimum width of required fire apparatus access roads shall not be less than 28 feet. 40. F F G STREET MARKINGS A. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. F F U STREET MARKINGS B. Prior to the issuance of the certificate of use and occupancy, the approved fire lane marking plan shall be installed. The CCaR'a shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. 9e0049u.wvn 5/98 ` ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 3B Page 9 41. F F B COMBUSTIBLE CONSTRUCTION LETTER Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for fire fighting purposes and an all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site. 42. F F B WATER AVAILABILITY Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to most fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. 43. F F U FIRE HYDRNT MMS Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker"' indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. 44. F F U FIRE LANES Prior to the issuance of any certificates of use and occupancy, any private streets) having a curb -to -curb width of leas than 36' shall be posted "No Parking —Fire Lane" as per 1988 Uniform Fire Code Section 10.207, in a manner meeting the approval of the Fire Chief. 45. F F R TRAFFIC SIGNAL Prior to the recordation of the applicable subdivision map as determined by the Fire Chief, in consultation with the Manager, Traffic Engineering, the subdivider shall enter into an agreement with the County/City for the installation of traffic signal pre-emption equipment. The Fire Chief shall determine whether the traffic signal pre-emption is to be installed per the agreement or the financial security released. Language to this affect shall be included in the agreement. 46. F F GBU FUEL MODIFICATION A. Prior to the issuance of a preliminary grading permit, the applicant shall obtain approval of the Fire Chief, in consultation with the Managers, Environmental and Project Planning Services, Current Planning Services and Subdivision and Grading Services of a conceptual fuel modification plan and program. 990049CA.M9D 5/99 ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 3H Page 10 i.'' H. Prior to the issuance of any precise grading permit, the applicant shall obtain the approval of the Fire Chief, in consultation with the Managers, Environmental and Project Planning Services, Current Planning Services, and Subdivision and Grading Services of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of rink to structures by vegetation. C. Prior to the issuance of a building permit, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area. Approval shall be subject to on -site inspection. D. Prior to the issuance of any certificates of use and occupancy, the fuel modification shall be installed and completed under the supervision of the Fire Chief. Further, the .installed fuel modification plant palette shall be established to a degree meeting the approval of the Fire Chief. The CCLRs, or other approved documents, shall contain provisions for maintaining the fuel modification zones including the removal of all dead and dying vegetation subject to triennial inspections. 47. DS DS G GEOLOGY RPT Prior to the issuance of a grading permit, the applicant shall submit a geotachnical report to the Manager, Subdivision and Grading, for approval. The report shall include the information and be in a form as required by the Grading Manual. 48. DS DS G GRADING DEVIATION Prior to issuance of any grading permits, if review of the grading plan for this property by the Manager, Subdivision and Grading, indicates significant deviation from the proposed grading illustrated on the approved tentative tract map, specifically with regard to slope heights, slope ration, and pad elevations and configuration, the plan shall be reviewed by the .'Subdivision Committee for a• finding of substantial conformance. Failure to achieve such a finding will require processing a revised tentative tract map; or, if a final tract map has been recorded, a new tentative tract map or a Site Development Permit application per Orange County Zoning Code Section 7-9-139 and 7-9-150. 49. SG SG G GRADING RESTRICTION Notwithstanding any grading/elevations that are shown on the tentative map, or the provisions of Orange County Zoning Code Section 7-9-139 (Grading and Excavation), approval of this Coastal Development Permit/ tentative map does not authorize the issuance of any grading permits. 9en049ca.x9u si9e ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 3B Page 11 50. DS DS G GRADING Prior to the recordation of the first final tract map or issuance of the first grading permit for projects located immediately adjacent to or including portions of regional parks, significant open space corridors, or other environmentally sensitive areas, the project proponent shall provide evidence acceptable to the Manager, Subdivision and Grading, in consultation with the Manager, Public Facilities and Resources Department / Harbors, Beaches and Parks - Program Management, that graded areas will be compatible with natural land characteristics of the adjacent areas. 51. DS DS G CONST NOISE A. Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable to the Manager, Subdivision and Grading, that: 1) All construction vehicles or equipment, fixed or mobile, operated within 1,000' of a dwelling shall be equipped with properly operating and maintained mufflers. 2) All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control). 3) Stockpiling and/or vehicle staging areas shall be located'as far as practicable from dwellings. B. Notations in the above format, appropriately numbered and included with other notations on the front sheet of grading plans, will be considered as adequate evidence of compliance with this condition. 52. CP EP G COASTAL SAGE SCRUB A. As required by participation in the Natural Community Conservation Planning/Coastal Sage Scrub (NCCP) agreement signed by the County on May 1, 1992, prior to the issuance of any grading permit, the project applicant shall provide an accounting summary in acres, or portions thereof, of coastal sage scrub scheduled to be impacted by removal through grading meeting the approval of the Manager, Current Planning. B. Notwithstanding the tentative map, no grading will occur within the Natural Community Conservation Plan (NCCP)'enrolled area except as in a manner meeting the approval of the Manager, Current Planning. 53. EP DS R LNDSCP Prior to the recordation of each applicable final tract/parcel map, open space PA 12B shall be reserved for granting in fee to a homeowner's association who shall be responsible for maintenance and upkeep. 990049G.RM 5/99 t ' ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 3B Page 12 54. HP SO R PUB INT LNSCP Prior to the recordation of the final tract map, a landscape plan shall be required for all slopes created in conjunction with construction of roadways and shall be landscaped and equipped for irrigation and improved in accordance with the following: HP SD R PRELM LNSCP PLN A. Preliminary Plan — Prior to the recordation of an applicable final tract map, an agreement shall be entered into and financial security posted guaranteeing landscape improvements and the maintenance thereof based on a preliminary landscape plan showing major plant material and uses, with a cost estimate of the landscape improvements. The preliminary plan and cost estimates shall be reviewed and approved by the Manager, Subdivision and Grading, in consultation' with the Manager, Public Facilities and Resources Department / Harbors, Beacham and Parks - Program Management. Said plan shall take into account the previously approved landscape plan for Newport Coast Planned Community, the Standard Plans for landscape areas, adopted plant palette guides, applicable scenic and specific plan requirements, Water Conservation Measures contained in Board Resolution 90-487 (Water Conservation Measures), and Board Resolution 90-1341 (Water Conservation Implementation Plan). HP SD B DTAL LNSCP PLN B. Detailed U= — Prior to the issuance of any building permits (a), a detailed landscape plan shall be submitted to and approved by the Manager, Subdivision and Grading, in consultation with the Manager, Public Facilities and Resources Department / Harbors, Beaches and Parks - Program Management. Detailed plans shall show the detailed irrigation and landscaping design. HP CHI U LNDSCP INSTALL C. Installation Ca + a at+on — Prior to the issuance of final certificates of use and occupancy and the release of the financial security guaranteeing the landscape improvements, said improvements shall be installed and shall be certified by a licensed landscape architect or licensed landscape contractor, as required, as having been installed in accordance with the approved detailed plans. Said certification, including an irrigation management report for each landscape irrigation system, and any other required implementation report determined applicable, shall be furnished in writing to the Manager, Building Inspection, prior to the issuance of any certificates of use and occupancy. 990049G."D 5/99 R ATTACHMENT A-2 -- CONDITIONS OF APPROVAL " 'PA 980049 / PAs 3A-2 AND 3B Page 13 55. All residential lots and dwellings shall be 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 prepared by a County -certified acoustical consultant, that these standards will be satisfied in a manner consistent with applicable zoning regulations, shall be submitted as follows: DS DS RG ACOUSTICAL RPT A. Prior to the recordation of a final tract map or prior to the issuance of grading permits, as determined by the Manager, Subdivision and, Grading, for approval. The report shall describe in detail the exterior noise environmental 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. DS DS B ACOUSTICAL RPT B. Prior to the issuance of any building permits for residential construction, an acoustical analysis report describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards shall be submitted to the Manager, Subdivision and Grading, for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report have been incorporated into the design of the project. DS DS B ACOUST BARRIERS C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projectes plot plan illustrating height, location and construction in a manner meeting the approval of the Manager, Subdivision and Grading. 56. CP SP V AIRCRAFT OVBRFLT Should the Airport Land Use Plan be amended to where the property (and homes) approved by this permit would be affected by overflight, sight and sound of aircraft operating from what is currently known as 81 Toro Marine Corps Air Station, then prior to the issuance of certificates of use and occupancy permits, the developer shall supply evidence that future property owners are notified .of this condition in a manner meeting the approval, Manager, Building Permits. 57. TS TS G SIGHT DISTANCE Prior to issuance of a grading permit, adequate sight distance shall be provided at all intersections per Orange County Standard Plan 1107 in a 990049M.M 5/99 i ATTACHMENT A-2 -- CONDITIONS OF APPROVAL ' PA 980049 / PAs 3A-2 AND 38 Page 14 manner meeting the approval of the Manager, Subdivision and Grading; thin include any necessary revision to plan to remove slopes or other encroachment from the Limited Use Area. 58. TP SD R PVT ST NOTIF Prior to the recordation of a final tract map, a note shall be placed on the map that states: "The private streets constructed within this map shall be owned, operated and maintained by the developer, successors or assigns. The County of orange shall have no responsibility therefore unless pursuant to appropriate sections of the Streets and Highways Code of the State of California, the said private streets have been accepted into the County Road System by appropriate resolution of the Orange County Hoard of Supervisors." 59. TE TE G MANEUVERING AREA Prior to issuance of a grading permit, adequate maneuvering area shall be provided to all garagai per Orange County Standard Plan 1209 and Orange County Zoning Code 7-9-145.3 in a manner meeting the approval of the Manager, Subdivision and Grading. 60. LP LP R SLDG SITE ACCESS Prior to the recordation of each subdivision map (except maps for financing and conveyance only), the subdivider shall submit to the Manager, Land Use Planning, for review and approval, a procedure or method that will ensure that each proposed building site will have a guaranteed right of vehicular and pedestrian ingress and egress access from each building site to a publicly maintained•strest. The approved procedure or method shall be lettered/shown on the subdivision map. 61. LP LP E DEV SITE ACCESS Prior to the issuance of any building permits, the applicant shall produce evidence acceptable to the Manager, Land Use Planning, that legal, practical access exists from the development site to a publicly maintained street (County Standard Condition T3). 62. SG SG a SPECIAL Prior to the recordation of a subdivision map (except for financing and conveyance purposes) or the issuance of any building permit, the subdivider shall provide plans meeting the approval of the Manager, Subdivision and Grading Services, for the design of the internal pedestrian circulation system within the development. 63. SG SG R UNDRGND UTILT Prior to the recordation of a final tract map, the subdivider shall install all underground traffic signal conduits (e.g., signals, phones, power, loop detectors, etc.) and other appurtenances (e.g., pull boxes, etc.) needed for future traffic signal construction at the intersections 990049G.M90 5191 s ATTACHMENT A-2 -- CONDITIONS OF APPROVAL PA 980049 / PAs 3A-2 AND 38 Page 15 listed above, and as needed for future interconnection with adjacent intersections, all in accordance with plans and specifications meeting the approval of the Manager, Subdivision and Grading. 64. LP LP NA SPECIAL Construction of pedestrian and bicycle paths connecting areas of interest, in accordance with County management policies and golf course/resort management needs (LCP Transportation/Circulation Policy 20e), shall be verified by the Manager, Current Planning Services, during plan check of subsequent ^eN level tract maps for project development. 65. HP HP NA PARK PLAN Prior to approval of any subdivision map for development purposes, a Local Park implementation Plan (LPIP) update and amendment shall be processed subject to. the approval of the Manager, PFRD/HSP Project Management and Coordination, and the orange County Subdivision Committee. 66. SG SG R ASSESS DIST Prior to the recordation of a final tract map, the subdivider shall prepare any required improvement plans and shall identify on the plans the limits of all the facilities which the subdivider intends to fund through a Mello -Roos Community Facilities District (CFD) or Assessment District (AD) bond program. in addition, the improvement plans shall identify the specific CFD or AD under which the improvements will be funded, in a manner meeting the approval of the Manager, Subdivision and Grading. 67. SG SG R ASSESS DIST FRM Prior to the recordation of a final tract map within the boundaries of an assessment district, the subdivider shall fill out, sign and submit the required application form for the division of land and assessment, and pay the required fee, in a manner meeting the approval of the Manager, Subdivision and Grading. 950049C .W" 5/94