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HomeMy WebLinkAboutNEWPORT_COAST_NEWPORT_RIDGE111111111 lill 11111111111111111111111111 lill III *NEW FILE* NEWPORT_COAST_NEWPORT_ RI DG E May 15 03 08:05a .i_ . Robert 16261 289-6779 p.2 May 13, 2003 Sharon Wood Assistant City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 M D G \SSIRa.\ I I!S .I V C. RE: Affordable Housing Commitments — Newport Coast and Newport Ridge Dear Ms. Wood: At the City of Newport Beach's request, MDG, Associates, Inc. conducted research into the status of affordable housing commitments within the recently annexed Newport Coast and Newport Ridge communities. Affordable units were known to have been provided as a result of the conditions of development formalized into agreements between the County of Orange and the Irvine Co, Our review is based on information supplied by City staff, and research conducted at the County of Orange, Planning and Development Services Department, as facilitated by Martin Angel of the Community and Advance Planning Services Division. Conversations with the Orange County Housing and Commtmity Development Department revealed that they did not maintain authority, nor an inventory over the affordable units generated under these Irvine Co. agreements. A number of discretionary actions were taken with respect to the approval of the Irvine Coast Local Coastal Program (LCP) and Zone Change (ZC), which led to the finalization and approval of the subsequent Affordable Housing Implementation Plan (AHIP). Irvine Coast Planned Community (ICPC) Affordable units to be provided in conjunction with the ICPC were undertaken with the October 29, 1991 approval of the Irvine Coast AHIP by the Orange County Environmental Management Agency — Advance Planning Department. Under the approved AHIP, the Irvine Coast Planned Community was required to provide 648 affordable units. These 648 units required were further allocated within the following target income groupings: 10722 Arrow Route • Suite 822 • Rancho Cucamonga • California 91730 (909) 476-9696 • Fax (909) 476.6086 May 15 03 08:05a Robert t6261 289-6779 p.3 Sharon Wood, Assistant City Manager Affordable Housing Commitments Newport Coast & Newport Ridge May 13, 2003 Page 2 of 5 Irvine Coast Planned Community Affordability Targets Category Number of Units % of Median Income Low 260 80% and below Moderate I 260 81 % to 100% Moderate H 128 101 % to 120% Total 648 None of the affordable units to be provided under the Irvine Coast AHIP were provided within the actual Newport Coast community. The approved AHIP calls for a combination of four (4) existing developer owned apartment complexes, and three sites developed within the Newport Ridge community (formerly identified as the San Joaquin Hills development), to fulfill affordability requirements. Affordability controls for the provided units were for a period of five (5) years in the case of newly constructed units, and seven (7) years for existing units. The following table delineates the affordable units set aside utilizing existing housing units; all of which are located within the corporate city limits of the City of Newport Beach: Irvine Coast Affordable Units to be Provided within Existing Apartments Number of Affordable Units to be Provided Site Low Mod I Mod II Total Bayview Apartments Newport Beach, CA 20 0 0 20 Bayport Apartments Newport Beach, CA 30 0 0 30 Baywood Apartments Newport Beach, CA 105 0 0 105 Newport North Apartments Newport Beach, CA 105 0 0 105 Total 260 0 0 260 May 15 03 08:05a Robert (626) 289-6779 p.4 Sharon Wood, Assistant City Manager Affordable Housing Commitments Newport Coast & Newport Ridge May 13, 2003 Page 3 of 5 Units to be provided within the Newport Ridge development were identified as follows: Affordable Units to be Provided within Newport Ridge Development Number of Affordable Units to be Provided Site Low Mod I Mod 11 Total PA 3 0 65 32 97 PA 8 0 130 64 194 PA 9 0 65 32 97 Total 0 260 128 388 In May 1995, the developer applied to the County for the right to satisfy their low-income affordable unit requirements with Mod I units, based on the lack of available incentive programs or economic subsidies. The project file does not contain documentation supporting the approval of this petition, however subsequent developer correspondence supports that the requested change was approved. Implementation Phasing The AHIP contained two affordable -unit compliance benchmarks that must be met prior to the release of market rate units: Phase I: Prior to the issuance of the 650"i residential building permit for a market rate unit, 40% of the total affordable housing obligation must be satisfied. Phase II: Prior to the issuance of the 2,50& residential building permit for a market rate unit, the 60% balance of the affordable obligation must be satisfied. In analyzing these thresholds, the 40% test was met at the point that the existing apartment units were obligated as affordable units, Calculating 40% of the total obligation of 648 units, provides a total of 295 units that had to be provided to allow for the development of 2,499 market rate units. Inasmuch as 260 units were being provided via existing units, this test was met without the construction of any new units. Linder the terms of the LCP, total residential development within the Irvine Coast Planned Community was limited to a maximum of 2,600 dwelling units. m May 15 03 08:06a Robert [526) 289-6779 p.5 Sharon Wood, Assistant City Manager Affordable Housing Commitments Newport Coast & Newport Ridge May 13, 2003 Page 4 of 5 Based on these figures, 96% of the maximum number of Irvine Coast units (2,499 units) could be completed prior to the construction of any of the new required affordable units. In reviewing the County's files, only one document dated May 11, 1995 references the affordable units within the Newport Ridge development. Based on this document, it appears that as of that date, no affordable units were yet provided within Newport Ridge. Also noteworthy is correspondence dated July 25, 1995 issued by Joan Golding, Manager, Advance Planning Division of the County of Orange; which states that ".., the affordable housing requirement for the Irvine Coast Planned Community has been satisfied through the provision of off -site affordable apartments." This correspondence refers to a review of documentation dated July 14, 1995 as the basis for this determination, however this document was not available in the project file. An additional "memo to file" was issued on August 1, 1995 by Ruby Maldonado of the Advance Planning Division, County of Orange, which reiterates the Golding letter, and adds "The Irvine Company is relieved of its requirement to submit further housing program reports." Affordability Monitoring The project files do not contain any documentation relative to the eligibility nor tenancy of the households occupying the affordable units. The only available information is contained within sporadic reports, which detail only the quantity of units being provided within the existing - apartment component of the AHJP. A memoranda dated June 6, 1995, and issued by Latham and Watkins, addresses the issue of the County's Affordable Housing Requirements. This correspondence offers the opinion that the County Housing Element, which implemented the requirement for the provision of affordable units, does not mandate the income qualification of the renters of affordable units. A response to this memo froth the County was not present within the project file. However, based on the "self - certification" of renters that apparently took place, it is presumed that the County accepted the position of this legal opinion. Conclusion Given the initial 1992 start date for the conversion of existing market rate units to affordable units; the required seven (7) year affordability period would have expired in 1999. Additionally, based on our review of the available files, it would appear that the County has issued correspondence that implies satisfaction of the conditions of the affordable housing requirements of the Tlrvine Coast Planned Community, and releases the development from further reporting responsibility. May 15 03 08:06a Robert (6261 289-6779 p.6 Sharon Wood, Assistant City Manager Affordable Housing Commitments Newport Coast & Newport Ridge May 13, 2003 Page 5 of 5 As a result of the foregoing factors, there appear to be no affordable housing obligations which the City of Newport Beach can assume under the Irvine Coast Planned Community development. If you have any questions regarding this matter, or would like to receive additional supporting documentation, please contact me at your earliest convenience at (909) 476-6006, x 110. Sincerely, Robert Kishita Senior Associate Attachments May 15 03 08:07a Robert 1626) 289-6779 P.1 OLSA CHICA bMbTom(aTCH mg,%c m SANTA ANA HEIGH' NEWPORT 0 THE RvlNe aoMnw r A 11% 0084A l Esa MI WI'4)IC f V'EAI.H EMERALD NEWPORT RIDGE PLANNING UNIT 11[1:1%11N! LA(MUNA HOLLB tL suml!A ®IEI%c U SOUTH LAGUN/ LAGUNA NIGUEL--� DAgA POUNT CAPISTRANO PLASNNINGEUNIT UKE (SOREST E.tllbh 1.1 UNITY NEWPORT COAST PLANNED COMMUNJTYAMR •owe icae May 15 03 08:07a Robert (626) 288-6779 p.2 R Comw a Orange �G/NOW � Mob File: Irvine Coast AHIP Chrono DATE: August 1, 199S TO: File FROM: Ruby L. Maldonado, EMA/Advance Planning Di SUBJECT: Affordable Housing Conditions As of this date, all of the affordable housing conditions imposed upon the Irvine Coast Planned Community have been met. 'The Irvine Company is relieved of its requirement to submit further housing program reports. May 15 03 08:07a " 06i12/96 16:09 (626) 289-6779 P.3 N0.432 pow oId1oniD :-1J 12 996 ` FORMA Robert PR07ECT,.PLANNING 4 95406618 C) F G E Robert A. Break Latham a Watkins 65o Town Center Drive, Suite 2000 Costa Mesa, CA 92626-2925 July 25, 1995 brand fax lmnsmhWmemo7bn 1twPows SANTA ANA, CA MAR1NG ADDRESS: P.O. BOX 4048 SANTA ANA. CA MM-4048 Subject: Letter of aul.y 14, 1995 - Satisfaction of Affordable Housing Requirement: Irvine Coast Planned Community near TELEPHONE: (n4) 8344M FAX/:OPC:83"772 and W: 8348132 I have reviewed the referenced July 14, 1995 letter and concur that due to the unique circumstances of the Irvine rCoaSt project the affordable housing requirement for the Irvine Coast Planned Community has been satisfied through the provision of off-aite affordable apartments. very truly yours, Joan S. Golding, Manager Advance Planning Division ba/S072SI1034210 Cc: Bernard Maniscalco Craig Roffman May 15 03 08:08a Robert (626) 289-6779 p.4 LATHAM & WATyWS ATTORNEYS AT LAW 650 TOWN CENTER ORIVE TWENTIETH FLOOR COSTA MESA, CALIFORNIA 92626.1925 TELEPHONE(714) 540-1235 To: DISTRIBUTION DATE: June 6, 1995 FILE NO: FROM: Bob Break COPIES To: SUBJECT: County Affordable Housing Requirements With respect to the Irvine Coast affordable housing requirements, the critical question has become whether the County's Housing Element affirmatively requires income qualification of lessees of affordable units. Income qualification has certainly been a part of the County's affordable housing program in the past, and is something that is contemplated in the County's Housing Element, both currently and in 1986. However, the issue here is whether income qualification is in fact mandated. On that issue, for the reasons given below, it is my view that the County's Housing Element, both today and in 1986, does not mandate income qualification of renters of affordable units. 1986 REQUIREMENTS: Subsection I of the 1986 Element appears to contain the basic requirements for qualifying affordable, housing occupants. It outlines three alternative certification procedures related to affordable housing and occupant qualification "No satisfy program requirements, under definitions of an affordable unit!' which certify the income of huyers or renters." Inclusion of the highlighted phrase clearly indicates that affordable units can be provided Without certifying the income of buyers or renters. } 1. And, as noted below, affordable rental housing is defined in Section C of the 1986 Element to i include income qualification for voluntary units, but not for mandatory units. 022%W PS IIRK BITICIHO USING. MEM , CHICAGO • LONDON • LOS ANGELES • MOSCOW • NEW JERSEY • NEW YORK • SAN DIEGO • SAN FRANCISCO • WASHINGTON, D.C. May 15 03 08:08a Robert (6261 289-6779 p.5 The certification approaches outlined in Subsection I, dealing with housing cost and affordability, are required to "use applicable asset and occupancy requirements of federal or state housing programs in which the County participates." However, the Element then goes on to provide: "No asset requirements will be applied to homes which are not built under federal or state housing programs." Again, this seems to be a fairly straightforward recognition that asset qualification, which I take to include income review, is not a mandatory aspect of the Element's affordable housing program. Subsection I proceeds to clarify that its certification procedures are to apply to both mandatory and "voluntary" components (the "voluntary" component being essentially a monitoring Program for purposes of assessing actual housing needs). Significantly, it then affirmatively states that a "voluntary" unit satisfies the affordable housing objectives of the Element "if it complies with the definition of rental or for sale unit in Section C." Section C contains two definitions for affordable rental housing, and a definition of affordable for sale housing. The definitions provided for both affordable for sale and affordable voluntary rental housing- make reference to renter income qualification. The definition provided for mandatory rental housing tellingly does not. It is simply defined as a multi -family unit "subject to a recorded agreement to retain the unit as a rental unit for five years." The fact that the affordable mandatory rental housing definition makes no reference to income qualification, whereas the for sale housing and voluntary rental housing definitions do include an income qualification standard, again indicates that income qualification is not essential for mandatory affordable rental housing. Subsection I also goes on to provide: 2. A voluntary affordable rental unit is defined to be one "rented to a family whose income is less than or equal to 120 percent of the county median income." An affordable for sale unit is one "occupied by a household in an income category established by the Monthly Housing Affordability Table." PA May 15 03 08:08a Robert (6261 289-6779 p.6 "Sellers may or may not be required to certify buyer income eligibility at the option of the County depending on buyer demand, provided that such units have been offered for a 90-day period to buyers in a defined income category." While this provision only deals with for sale housing, it is instructive on the issue in several respects. First, it is an acknowledgement that income qualification is not mandatory even for for sale housing (despite the definitional requirement). Second, while there is a stated minimum 90-day preference period for "buyers in a defined income category," nothing in the provision specifies that the "defined income category" has to equate 'to low or moderate income levels. And, third, there is no comparable minimum preference period requirement for rental housing. Subsection I finally does include a discussion of rental qualification after all of its "program requirements" for for sale units. However, the provision dealing with rental housing does not affirmatively require income qualification of renters, or even set a minimum preference period for rental housing (in contrast to the provision quoted above for for sale housing). It instead simply provides an outside time limit of thirty days maximum within which any affordable rental housing must be held off of the general market in order to qualify as affordable housing based on rent levels. It is a safe harbor provision for developers, rather than a mandate for income qualification. In short, there is nothing in the 1986 Element that I found that absolutely says every affordable housing implementation plan must include income qualification of occupants when dealing with a mandatory affordable housing requirement to be satisfied by rental housing. CURRENT ELEMENT: The current Element likewise does not include any income qualification requirement for its affordable rental units. The definition of affordable rental housing is as quoted above, and makes no reference to occupant incomes (unlike the definition for for sale housing). The qualification provisions of Subsection I of the 1986 Element have been dropped from the current element, as has the minimum preference period set in the 1986 Element for for sale housing. The current Element simply says: 3 May 15 03 08:08a Robert t6261 288-6778 p.7 Provision will be made for the certification of affordable units produced under the Program. The Director, EMA is responsible for establishing administrative mechanisms for this purpose and will ensure that these mechanisms are as simple and inexpensive to apply as possible." Rent level qualification is a certification of the units, as opposed to income qualification which is a qualification of the occupants, and is certainly simpler and less expensive to apply than an income qualification. The safe harbor provisions setting a maximum preference period that may be exacted under any program for for sale and rental housing has been retained, but again in the form of maxiinum, not minimum, requirements. Finally, in helping to satisfy the Element's objective of producing and maintaining housing, both the current Element and the 1986 Element state that " [c]onsidetation shall be given to other incentives not listed which are feasible, do not create a burden on other housing projects, and which do not jeopardize the public health and safety." This is an expression of flexibility on the County's part in helping accomplish the basic objectives of the Element. One such "other incentive" would have to be the ability of the County to waive any assumed income qualification for rental housing. 4 May 15 03 08:08a Robert County of Orange � 2U� ) IrOP DATE: December 3, 1991 TO: Orange County Planning Commission FROM: Director of Planning, EMA (626) 289-6778 SUBJECT: Status Report - Irvine Coast Affordable Housing Implementation Plan Attached, for your information, are copies of the Affordable Housing Implementation Plan (AHIP) for the Irvine Coast Planned Community. p.e Approved by the Manager, Advance Planning on October 29,.1991, the AHIP represents a significant effort on the part of the Irvine Company and County staff. While recognizing the unique locational and development characteristics of the Irvine Coast project, the plan meets the affordable goals, policies and objectives of the County's Housing Element. The following summary is designed to provide your Commission with an overview of the Irvine Coast affordable requirements and the implementing procedures of the AHIP. Irvine Coast Affordable Housing Requirements The Irvine Coast project is conditioned to provide 648 affordable units (260 Low, 260 Moderate I and 126 Moderate II). During the time in which the Irvine Coast project was being processed, the difficulties of providing on site affordable housing were recognized, and it was agreed that off -site provision of affordable units would satisfy affordable requirements as long as the units were provided within three miles of the coastal zone boundary. At the time of approval, it was anticipated that the affordable units would be located within the Laguna Laurel and San Joaquin Hills Planned Communities. The Laguna Laurel project has since become unavailable due to an agreement between the City of Laguna Beach, the County and the landowner to implement permanent preservatLion of the site. AHIP Implementation Strategy Recognizing the loss of Laguna Laurel as a candidate affordable housing site and responding to -concerns raised during the public hearing process on the Irvine Coast regarding availability of employee housing, the AHIP incorporates several unique components. The plan identifies seven affordable housing sites for provision of affordable rental units. Three of these sites are located within the San Joaquin Hills Planned Community; the remaining four sites are existing apartment complexes located within the City of Newport Beach. All of the affordable housing sites are easily accessible to the Irvine Coast Planned Community. This is the first AHIP which will utilize existing housing stock to satisfy affordable housing requirements, and the first to partially satisfy affordable requirements for a County project in an adjacent jurisdiction. May 15 03 08:08a Robert (626) 289-6779 p.9 -2- By utilizing existing apartment units, "Low" affordable units will be brought on line prior to, or in conjunction with, the opening of two proposed hotels within the Irvine Coast Planned Community. Provisions have also been incorporated into the AHIP which directly link these units to future Irvine Coast employees and provide them with a "first right of refusal" to rent the units. Additionally, the period of affordability for these units has been extended from the standard five years to a full seven years, and only two and three bedroom units (no studio or one bedroom units) will be permitted to satisfy affordable requirements. Phasing Plan The AHIP incorporates a two-phase implementation plan which places a limit or "development cap" on the number of market rate building permits which can be released prior to compliance with the project's affordable housing obligations. The two phases are as follows: Phase 1: Prior to the issuance of the 650th residential building permit for a market rate unit, 40 percent of the total affordable housing obligation must be satisfied. Phase 2: Prior to the issuance of the 2,500th residential building permit for a market rate unit, the balance of 60 percent of the total affordable housing obligation must be satisfied. Conclusions AHIPs are intended to allow for flexibility in the phasing and implementation of affordable housing requirements within the the unique development characteristics of large planned communities. The use of existing units is a unique aspect of the Irvine Coast housing plan and, while not previously utilized in other AHIPs, addresses the need to bring Low affordable units "on line" as quickly as possible to serve future Irvine Coast employees. I believe that the Irvine Coast AHIP's commitment to provide immediate availability of Low affordable units, an extended affordability period, the use of two and three bedroom units and a direct link of affordable units to Irvine Coast employers comprise significant public benefits. BA: flh 1101515385692 Attachment: Irvine Coast AHIP 17.32 ,ITY MANAGERS 'CI'T'Y OF,NEWPORT BEACH OFFICE OF TI-M CITY ATxORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644-3131 November 27, 2001 ' Thomas B. Mathews - Director, Planning and Development Services Department County of Orange $00 No. Flower street Santa Ana, CA 92702 RE: Newport Coast/Newport Ridge Affordable Housing Dear Tom: P.02/02 As you ]snow, the City. of Newport Beach is proceeding with the ' annexation of the Newport Coast and Newport'Ridge planned communities. LAFCO has required, as a condition to annexation, that the City and county establish a formal process ,to discuss, and attempt to reach agreement on, the manner of fulfilling any affordable housing requirement resulting from the application of the, Regional Housing Deeds Assessment (RHNA) and related provisions of State' law to development of Newport Coast/Newport Ridge. This letter will•confirm,that we have discussed all of the affo=dable'housing issues related to the annexation,of the Newport Coast/Newport Ridge and ,havd'e•agreeoa the'followingi (1) The RHNA allocation of 96,"low income )units shall be transferred from County to City_upon:aanexation. (2) The RHNA`allocatioa of 850 "above moderaie"'(i.e:, market rate) units shall be transferred from County to City upon annexation. 1 (3) The remaining obligations„if any,, shall,remain with the t County'and the County will certify that TIC has hilly satisfied requirements of the Newport Coast AHIP. This letter also confirms that the City has complied with the. condition to annexation relative to affordable housing. We greatly appreciate the spirit i of cooperation you and Ron Tippets have demonstrated in this process. . Thomas B. Matliews Director, Planning & Development Services County of orange Cc: Dana'Smith; Executive:Offic i Homer Bludau City Manager lffewpert Beach. 3300 Newport Boulevard, Newport Beach TOTAL P.02 O F C E ENVIRONMENTAL MANAGEMENT AGENCY PLANNING MICHAEL M. RUANE DIRECTOR, EMA THOMAS B.MATHEWS DIRECTOR OF PLANNING LOCATION : 12 CIVIC CENTER PLAZA SANTA ANA, CA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702.4048 TELEPHONE: (714) 834.4643 FAX 4: DPC: 834.4772 2nd Flr: 834.6132 July 25, 1995 Robert K.,Break Latham & Watkins 650 Town Center Drive, Suite 2000 Costa Mesa, CA 92626-1925 Subject: Letter of July 14, 1995 - Satisfaction of Affordable Housing Requirement: Irvine Coast Planned Community Dear MMask: I have reviewed the referenced July 14, 1995 letter and concur that due to the unique circumstances of the Irvine Coast project the affordable housing requirement for the Irvine Coast Planne-d--Community has been satisfied through the provision of off -site affordable apartments:,%, i � Very truly yours, Joan S. Golding, Manager Advance Planning -Division ba/5072511034210 IRVINE APARTMENT MANAGEMENT COMPANY CC: Bernard Maniscalco Craig Hoffman Michelle Pierce 43 Discovery, Suite 150 Bond Compliance P.O. Box 57060 Administrator Irvine, California 92619-7060 Phone (949) 450.5841 Fax (949) 450.5822 mpierce@rentlac.com , 5 LATHAM & WATKINS PAUL R. WATKINS (1899.1973) DANA LATHAM 11898.1974) CHICAGO OFFICE SEARS TOWER, SUITE 5800 CHICAGO, ILLINOIS 60606 TELEPHONE (312) 876.7700 FAX (3121 993.9767 LONDON OFFICE ONE ANGEL COURT LONDON EC2R 7HJ ENGLAND TELEPHONE + 44.171-374 4444 FAX + 44-171.374 4460 LOS ANGELES OFFICE 633 WEST FIFTH STREET, SUITE 4000 LOS ANGELES, CALIFORNIA 90071-2007 TELEPHONE (2131 485-1234 FAX (2131 891.8763 MOSCOW OFFICE 11311 LENINSKY PROSPECT, SUITE C200 MOSCOW 117198 RUSSIA TELEPHONE + 7.503 956.5555 FAX + 7.503 956.5556 ATTORNEYS AT LAW 650 TOWN CENTER DRIVE, SUITE 2000 COSTA MESA, CALIFORNIA 92626.192E TELEPHONE(714) 540-1235 FAX 1714) 755.8290 TLX 590777 ELN 62793272 VIA TELECOPIER (714) 834-6132 July 14, 1995 Joan Golding Manager, Advance Planning Division Orange County Environmental Management Agency 300 N. Flower St. Third Floor Santa Ana, CA 92702 NEW JERSEY OFFICE ONE NEWARK CENTER NEWARK, NEW JERSEY 07101-3174 TELEPHONE(201) 639.1234 FAX (201) 639-7298 NEW YORK OFFICE 885 THIRD AVENUE. SUITE 1000 NEW YORK, NEW YORK 10022.4802 TELEPHONE (212) 906-1200 FAX 1212) 751-4864 SAN DIEGO OFFICE 701 -8- STREET. SUITE 2100 SAN DIEGO. CALIFORNIA 92101-8197 TELEPHONE (619) 236.1234 FAX (619) 696.7419 SAN FRANCISCO OFFICE 505 MONTGOMERY STREET, SUITE 1900 SAN FR'ANCISCO, CALIFORNIA 94111.2562 TELEPHONE (415)-391.0600 FAX (4151 395-8095 WASHINGTON, D,C. OFFICE 1001 PENNSYLVANIA AVE., N.W., SUITE 1300 WASHINGTON. D.C. 20004-2505 TELEPHONE (2021 637.2200 FAX 1202) 637.2201 Re: Satisfaction of Affordable Housing Requirement: Irvine Coast Planned Communitv Dear Ms. Golding: The Irvine Company is submitting this letter to obtain the County's concurrence that (1) all of the low income affordable housing units required in conjunction with the Irvine Coast Planned Community can be satisfied at the Moderate Level I level, and (2) that requirement has now been satisfied through the provision of Moderate I level housing in apartment projects within three miles of the coastal permit boundary. As you will recall, the Local Coastal Program ("LCP") for the Irvine Coast was originally adopted in the early 1980's by the County Board of Supervisors. A First Amendment to the LCP, including Zone Change 83-24P establishing the planned community district requirements for the Irvine Coast, was endorsed by the Planning Commission (September 1, 1987), adopted by the Board of Supervisors (December 2, 1987) and certified by the California Coastal Commission (January 14, 1988). As part of Resolution 87-1327 adopted by the Board of Supervisors for the First Amendment to the LCP for the Irvine Coast, the Board of Supervisors adopted the following condition: LWOC1\49354.1 LATHAM & WATKINS Joan Golding July 14, 1995 Page 2 "By resolution, the County will require 648 affordable housing units which will be located within 3 miles of the coastal zone within the Laguna/Laurel Canyon area and other nearby areas in conformance with the requirements of the Mello bill. Affordable housing provisions in the 1982 Land Use Plan are hereby deleted, and any existing housing agreement in the 1982 Land Use Plan is hereby rescinded to assure conformity with Government Code Sections 65590 et seq. as now implemented by the proposed LCP Amendment." Since the time of the First Amendment, the Laguna Laurel location mentioned in Resolution No. 87-1327 has become unavailable by virtue of an agreement between the County, the landowner, and the City of Laguna Beach to implement preservation of Laguna Laurel as open space by outright purchase. Accordingly, the location for the 648 affordable housing units has involved "other nearby areas" of the County, particularly apartment projects in the City of Newport Beach. Justification for Conversion of Low Income Units to Moderate I: The requirement to provide these affordable units was imposed pursuant to the County's 1986 Housing Opportunities Program ("HOP"). The HOP included an objective that forty percent of the affordable units (or 260 units) be affordable to low income households, to the extent feasible. The HOP also provided: "If there are no subsidy programs available and other incentives are not sufficient to make compliance economically feasible, all or a portion of mandatory low-income units may be satisfied by the provision of units at the Moderate I level: This provision should be utilized as a last resort once all avenues of assistance, incentives and marketing considerations have been adequately explored and found not feasible for a particular project." The Irvine Company has determined application must be made of this provision of the HOP, to convert the affordable housing objectives for the Irvine Coast from low income to Moderate I housing. Accordingly, the new requirement would be to provide 520 Moderate Level I and 128 Moderate Level II units. First, as the County is aware, no subsidy program has been made available to the Irvine Coast Planned Community to assist in the production of affordable housing. Whereas in the 1980's there were a number of federal and state programs available that made low income housing feasible, they are almost all unavailable today. The primary program available today that has had some success is the federal tax credit program. However, that program is oversubscribed at about a four to one ratio (projects to available LWOC1\493S4.1 LATHAM & WATKINS Joan Golding July 14, 1995 Page 3 credits). Moreover, that program is itself only feasible if it is combined with a subordination of all land value plus additional construction and take-out financing assistance (such as block grant dollars or tax exempt bond money). Orange County Redevelopment Funds have not been earmarked for use in either PC area. Block grant programs cannot provide full funding assistance to new housing projects, and such funds have either been targeted to rehabilitate older housing stock, or earmarked for other projects in combination with other subsidy forms. In any event, they have not been identified for use in relation to the Irvine Coast Planned Community to assist The Irvine Company meet its affordable housing targets. The Irvine Coast Planned Community has not been identified as a possible participant area in any previous Orange County affordable housing bond issue, and with the bankruptcy there are no current plans for a new Orange County bond issue to subsidize new low income housing projects. With respect to existing units nearby to the Irvine Coast Planned Community, intended to be used to satisfy the Irvine Coast Planned Community affordable housing requirements, the Section 8 voucher program is and has been operating under severe administrative constraints, such that it can now take up to five years for a qualified family to receive Section 8 assistance approval. While The Irvine Company is working with private, non-profit low income housing providers on possible isolated projects in Irvine (Bridge Housing) and Newport Beach (Link Housing), those projects have proven to be the exception rather than the norm, are only possible where the land is contributed essentially without cost to the non-profit entity, and are being pursued under affordable housing programs in those cities and in competition with other national projects for necessary tax credits. In short, The Irvine Company has pursued and is pursuing opportunities for funding low income housing. However, no incentive program has been identified or provided to assist in meeting the off -site affordable housing obligations associated with the Irvine Coast. Additionally, modifications have been adopted in the conditions for development of the Irvine Coast Planned Community to increase the amount of open space to be preserved, decrease the amount of employment generating uses, and provide for the realignment and extension of Newport Coast Drive beyond the San Joaquin Hills Transportation Corridor, and the widening of Newport Coast Drive between the Corridor and San Joaquin Hills Road. And, the County's fiscal crisis has exacerbated this problem, in that it is unreasonable to expect that any subsidy will be forthcoming given this crisis, while the crisis has adversely impacted the ability of developers to fund infrastructure improvements required for their projects, including the Irvine Coast Planned Community. LWOC1%49354.1 LATHAM & WATKINS Joan Golding July 14, 1995 Page 4 In other words, incentives to assist in the provision of low income housing have not been provided for this project, while project costs and burdens related to the provision of other public benefits have increased. Since availability of subsidy programs and other incentives geared to assist in the provision of low income housing is the predicate for mandating provision of such housing under the HOP, The Irvine Company believes that it is entitled to the conversion of all low income affordable housing obligations to Moderate I levels. Documentation of Satisfaction of Affordable Housing Requirement: Assuming that the County concurs that all of the low income units required with the Irvine Coast Planned Community can be met at Moderate I levels, we are including a tabulation of units provided by The Irvine Company within three miles of the coastal permit boundary at Moderate I levels, from 1987 to the present, which were provided outside of any mandatory affordable housing program. As you will note, since 1987, The Irvine Company has continuously provided at least 671 Moderate I level rental units, and as much as 809 such units. By way of comparison, that number is 154 more Moderate Level I units than required for the Irvine Coast (after the conversion of Low to Moderate I), and exceeds the combined Moderate Levels I and II requirements by 25 units. Although income data is not available concerning occupants of these units, The Irvine Company believes that the County has the flexibility to certify, and submits that the County should certify, compliance with the Irvine Coast affordable housing requirement based on the rental cost data provided demonstrating provision of more than the required 648 Moderate I units since 1987 within three miles of the coastal permit boundary. Certification of The Irvine Company's early satisfaction of the Irvine Coast affordable housing requirement based on the enclosed data, without tequiring renter income data, is in keeping with the various policies and guiding principles of the 1986 HOP. Specifically, the 1986 HOP encourages private industry to produce affordable housing "at the earliest possible stage" (Principle B.2.c), utilizing "strategies to reduce housing costs through all available techniques" (Principle B.3). The enclosed data demonstrates early provision of affordable housing within the immediate vicinity of the Coastal Permit Boundary in keeping with those principles. Acceptance of rent rate compliance data, without the added cost of renter income certification, likewise comports with those principles, as well as the principle that compliance should include minimal "County and private industry overhead expenditures" (Principle B.5). Acceptance of the enclosed data for certification of compliance with the Irvine Coast affordable housing requirement likewise comports with the intent of Section L of the 1986 HOP, which is to encourage early provision of affordable housing -- as The Irvine Company has done -- while reducing the regulatory restraints and administrative costs of doing so. LWCC1\49754.1 LATHAM & WATKINS Joan Golding July 14, 1995 Page 5 In short, The Irvine Company submits that the 1986 HOP allows the County to accept a demonstration of early compliance with an affordable housing requirement -- in our case years in advance of when compliance would otherwise be required -- by reference to rental costs, without a corresponding mandate that income qualification of the renters be provided. The Irvine Company achieved and should be entitled to credit for meeting the HOP's objective of early satisfaction of affordable housing requirements. Those units exceed the total affordable housing requirement set for the Irvine Coast, and have been available for occupancy since 1987, in excess of the target of five years. HOP policies and guidelines allow for County flexibility in recognizing achievement of its objectives. Had renter income data been readily available, that data would have been provided. The fact that this data may not now be readily available, however, and could not be collected without extraordinary expense and effort, should not disqualify these units, provided early and in excess of target goals, from counting against the Irvine Coast Planned Community affordable housing condition. For the foregoing reasons, The Irvine Company makes this application for a n administrative determination, pursuant to the quoted provision of the County's HOP, that all of the mandatory low-income units required in relation to the Irvine Coast Planned Community can be satisfied at Moderate I levels, and concurrence that based on the enclosed data, The Irvine Company has now met that obligation through the provision of affordable rental housing in Newport Beach. Very truly yours, Robert K. Break of LATHAM & WATKINS Enclosure cc: Bernard Maniscalco (via telecopier) Craig Hoffman (via telecopier) LWCC1\49354.1 Hgpem Ap.rta.m 1 H.ye(<+rApemaau ( 111"."Al.daem 1 Memo'. M.mb Apart.,." i Tem 1 -_—---- —--- ,...—_—-------- -....—_.._...._ --------------- i--------- —__—---- — ------ i Hasa f Mmmu Muia+, I Type N."b v-Rlge i Type Nacre« R..'. I Ty'. N.". RYe. I Type N.N. RuBe 1 At UAI. I . P1f«Upa Rnml Y... I, 1 e2 et 1 .t of I of .f I .1 et I Per 1 Ume. Per I.... I Ue0 Uda - 1 U.It U.1a I U.it ue.. I U.k Uda 1 Pelted I Net. Yedmk I RsalY Haiu: 1 I 1+a JO -J.a 1, 1995 1.YBW S%W]dl I 111 I I I � I Tom-Unu --mta.P«Cemplm I ________--___----________________________ pa 31 - lu 1, 1991 I,Sail m $113M I Ut 1 � --------------------------------- 1_______ TOW Usim Meemp Regeiremem Per Complm 1 _________________________________________ Dm 31 - A, 1, IM 1,359 Its 55380" I UI Mer 31-1.. 1, 1993 I,3JI.W 548]2B0 I I I I 22 Teul U41, Media R<galr...m Per Cemplm Der 11 -1.8 1, 1992 t,dm Its 54346W 1 111 I � _________________________________1_______ T.ul U.n+ M<d1.2 R,01.mm11 Per C.. plm. I __________________________-_--___________ Dm 31 - Olt 1, I991 1,152w 5407DW ( Ill 5<p w-1.11. 1991 I,UI.w 57122100 I M 1a. 30-Apr 1, IWI 3,610w 54580Lo 1 Met 31-5.. 1, MI I,YB.w 54535W 1 --------------------------------- ,_______ Ted U.,u M«nvBR<guircmnu Per C.mplm I ----------------------------------------- Der 31 - Olt 1, 19M 1,)68 to 5453dD0 I 12 Sep So - jut 1, 19W 1,311.w 54T12Do I 22 J.. 30-Apr 1. 199D LrzSw 51wlw I M.r 31 - St. 1, 19w 1,306 W 5J,230M I ..................... ............ P<r Cemplw I 1 1 I 22 B51W-Y3W1 22 10 LNO.m-1.1f¢W I 1/1 10 I I BmW-9WW1 IIIM 27 I I I 1 9wW-96fW 1 1 32 1,05m-1,2mW( 32 26 1.310W-1J5000 I 2/2 ID 1,050w-I,m3WI UILdt .B 945 W-Spam I I I I 32 41 I.Sw W-1,311oo UIB I2 8mW-955w I I 1 I 1 22F 13 1AS.01-1,061W I I I I I Ian 111 1,1610)-1,2MW I I I I I L212T11 26 1,155w-1,231W 1 I ____ __-_____t __ 1____________________________.1____________________________i---------------------------- — — i------- I_______________________. IN (' I 68 1 301 I 2% I 761 l _______________________________________________________—_______________________________________________________________________________ 22 twoo-95RW1 22 BO LNOm-1,19Sw 1 UI 80 9MW-9mWl 111M 27 9MW-985W I I I 32 1,131W-1,211001 I M 1W 1,111m-I.ImWi UILd, 11 96Lw-Ip1RW I I i I I MIS 12 9mw-ggSW I I I 1 I MP 13 1,w0to I I I I I 22D 118 1,135 W-1,226W I I I I M=11 76 1.120M-1,2wW I I ______________I ______ I----------------------------- 1---------------------------- i---------------------------- i------- I________________________ IN 1 10 I 257 I 2% 1 69S I .________________________________________________________________________________-___________________________________________________________ ]2 895.W-glow 1 2/2 60 LmOm-L111W I III Bo 9Nw-931wI Ulm 27 8mw-9350 I I 32 I.NSW-1,191w1 3/2 21 1,28D.m-1,31100 1 ]2 1n I,W503-1.1HI001 UILet 18 94500-IjOaM 1 1 I I 32 dl I,295W-1,331W1 11111 12 BWw-985W 1 1 I I I 22F 13 1,015m-1,0410 I I I I 1 N2D IU 1.135 w-L2H100 I I I 1 12212T11 76 %WSW-1,1910D I I 1N i 66 I 301 I 2N I 7631 ._________________________--______________________.________________-___-________________-______-_____________________________________________. ]2 885.0-9MW1 22 6U I,MW-t,USW I III BD 893w-9 w1 IIIM 27 BWW-SIM I I 32 I,NO.m-MAN 1 39 26 1,280m-1,331W I 1R In I,WSw-1,15DWI UlLef, 48 9mW-IpgSm I I I I 22r11 ID 1,HOW-1.3%W1 UIB 12 8mw-9W.DD 1 1 I I 32 _dq 1,195w-1,331Wi 22F 13 1,010.W-1,04000 I I I 1 I 22D 118 L1NSw 1.215W I I I I 1221=11 76 I,065w-I,1BSW i I .____________________1---------------------------- .1---------------------------- 1---------------------------- i------- I________________-______ , IN I 66 I 311 .______________________________________-__________.__-_________________________________________ I 2% __________________________________________ ' I ]TJ 1 22 law-9 oo 22 60 1,m1W-1,IIBW i 111 BO 885 W-911w1 UJAJ 28 8mW-glow 1 1 32 I,Dmm-1,1]8W1 M 26 1,2WW-1131100 I 2/2 IV I,WO.W-1.13101 UN.dt de 9wW-9mw i I I I 22rn IO I'Mow-1,3mW1 U[B 11 855 W-BmW i I I I 312 M 1,M5 W-1,))SW I MF 12 I,NO m l I 1 I 1 MD 1-e 1,130 W- 1,21100 I I I I 12212TU 76 ]NS W- 1,1210 I 1 I 1 1321=1 36 W 1 1 --------------------- I----------------------------- 1---------------------------- i______________ _---___--1,335 i------- i________________________ IN I N 1 331 I 330 I 8m 1 ________________________________________-_-__________________________________--_______________-______________________________________________ 92 835 w-271M1 ]2 60 1,WSm-1,0WW 1 US Bo BWm-BWWI Ulm 34 865W-895W 1 110emb.[2/!i'IItl1,lODW- 32 1,010.W-1,12Bwl 3/2 2/ 1,MSm-1,2WW I M 205 1,0MM-.1,0mW1 IIILdt 48 9WW-9750 I II,NO.mcealdbn.ded<dhlu[ I I 32 66 I,115m-1,I91W1 MIS 23 BMW-B35W 1 11.1f.2y.u(J.1%-D. 31. M) I I I Mir 20 9m.0 1 1..d«B.Swe.d Apms<u. I I I 22D to LmS m-1.2wW I i I I ( 2212r11 6] I,N1m-1.101w I I ---------------------- I----------------------------- I------- -------------------- i-------------- _------------ i------- I_______________________. IN I 6/ I M9 .....................,e........... ............... .m.................................... 1 ................ 311 I 8N I ......................................... i tgpsrtApmlma.tt j BylinA�mrmeeu 1 B.ymea6Apmtmr.0 IAp---- -----Nwn Wdmim M.dm.m I ''yr. NIt.i.e-,,�Rnnt. I- Type N.". Rage I TtF. N.J. Rnp 1 Tp.. N.Ner - R..tn I Armtll. I B1li RnW Y..v I or- 92, I a- aL } ( a8 '1 .8 a Pr 1 . D.I. Fie- Iar6m. } Unit U.im - 1 Unit U.I. I Unit U.im I Unit Units I Pm196 I NMm - MaNrntt I Reaul Units (caafrnnel)r 1 I I I I I Da 31 -Osr I, I519 I,llt m 51,MW 1 In 7J lam- lam l 1n 10 1,010- 1,0640I 111 t0 Nam- t91.m 1 Ilia M tam- I I Sqm-Jtl l.19t9 1,295m Sx9mL0 ( ffi 12 I,OIOAO-1.12am1 I 2n 205 1,OISm-I,Omm1 1/ILdI +1 moto 9D.o0-925.m I I In. So - Apr 1, INS 1.2520 +R916A0 I I I Jn ++ 1,255.0)-1,295001 t/1B 23 sucto - lam I I Mn JI - In. 1, 1929 I'm In µRIDO I I I I WF 20 "too I I I I I 1 WD 10 I,05.03-1,20Im I I I I I 12R=H m I'm1ol-I,loxm I 1 --------------------------------- 1---------------------------- .1----------------------------- 1------- -------------------- i---------------------------- i------- 1_________-_-------_____. Taul Unu Msetiat Rs9etremnu Pa Cemptm I IM I +D I 129 I JII I 2M 1 .....................................................................................................................................................................................q. D.J1-VIA 1, 103 l,lam +43mID I US T2 mom-lm.m1 m +D MISS -IAJam-1 111 0 $0.m-moo I Ulm )/ Saw -115m I 1 Sep Jo-1111, 1988 1,18+.m +i,251D0 I m 32 Imam-1,110m1 I 2n 20 995m-lAmm1 1IILdr U- 95am 1 i IS. m-Apr 1, 1918 I.Moo +!1126" 1 I 1 I UIB 21 31500-NSm I I MI, 11-In. 1. 19M 1,115.m +(599D0 I I I I 2nF W Mott I I I I I I SIM in LIMA- 1,150m I I I I I I212112TIl m Lmxm-1,M5m 1 I --------------------------------- 1----------------------------- 1----------------------------- 1---------------------------- 1-------------- _------------ i------- 1_______________________- ToulUntil MedialRgeirrme.0 Per Complm I IN I +0 1 295 1 JII I 7101 D.11-Oil 1. BAR 1,101m +402280 1 Ut n lO.m-MISS 1 22 +0 l,mam-I,Uam I US t0 saw- moo 111 52 715.m-t9xm I I Sep 50-J.I 1, 19P I,m9.0 +%WM 1 2n. J2 l,mam-Lllaml I 2R 20 l,Omm-1,Naml IIILdr N "so 1 I lum-Apr1, 1957 1,073m O,92MID I I I I 2D tD 99xm-1,125m 1 I M.r 11-St. 1, 1982 1,065.m +gSNDD I I I I I I --------------------------------- 1----------------------------- 1----------------------------- 1---------------------------- i---------------------------- i------- i___-_______________-_--. TeW Units 11ydioeRe9uireni Per Camplc 1 IN I ...............v.................... ....................................................................... /0 I 2:5 I ............................................................................ 20 I im 1 ' 1 HappMApau<m l Hif55erAp.Uanau I Hsyweed ApMmau I Nemprt Noase Apantanus, I Total 1 Mitianpan Marianas 1 Typo Number -J- R..{, 1 Type Polo Ron, I TT s, N.ia Rut, 1 TSP. Noma Rut. I An0ali< 1 . Militia. R,aui Yc.1, 1 el . a , ' ' I of ar I or a 1 01 of 1 Pa I O,t. Fc. lacers. I Unit , Ud. - I Una Units I U.R Umu i Unit Unit, I PMed I Nam Mebntc 11 Rnpi Units 1 1 I 1 Jvo 30-1s. 1, 1995 1,663m 6403m I I I I i LIFII I I I Tout Units M<ahp R.1.4.rraa Pa Comply 1 a ------- I 0 1 i----------------------------- I_______ --------------------------------- I----------------------------- Om 31-1.. 1, 1994 1,61m 6;39300 1 1 I ]/LPN I I I JuJTU ------- --------------------------------- I---------------------------- Total Uaiu M<elbt Reyvuemou Pa Compia: 1 0 .I----------------------------- I 1 0 1 I----------------------------- I_______ ------ -------------------------- i----------------------------- Om 31-Apr 1,IM 1,01.m 6;25600 1 I I Writ his, 11-ho 3, M3 I,616.m 64846m 1 I 1 1----------------------------- I_______ --------------------------------- I---------------------------- Total Units McmtagRegv,rc5viceta Per Comply 1 0 1 0 1 _________________________________I____________________________I____________________________.1_______ Dm 31 - ]v 1, 1992 1,6pom 67,615M I _-------------------- I 1 31JTU I----------------------------- I_______ --------------------------------- I------- Total Units Tlin(atR<ga'vemots Per Comply I 0 1 0 1 I I I I 1 i t0 1,2500-I.461001 ]21/1TIi M 1,2500-1,2300 I I 10 1,615 m - t,66am I I 1 ---------------- i---------------------------- i_______I 30 I 36 I 16 I ---------------- i---------------------------- i_______I. 10 3,m9m-1,41R001 MMI'll 36 barns-1,2am i I 10 1,595 to - 1,6moo 1 1 1 ---------------- I---------------------------- i_______I. 20 I 16 I S6 I ---------------- i---------------------------- i_______I. 10 I'mim - 1,531m I I I i 1 I 10 a 1 m 1 10 1.51000 - 1,586m I 10 1 10 1 --------------------------------- I ----------------------------- I----------------------------- I---------------------------- i---------------------------- i------- I_______________________. Dm 31 - Olt I, 101 1,712.00 Swim 1 i I Jam 10 I,NOm - 1,18am I I I S<p 30- Jul 1, 101 1,]1].02, 64670M I 1 1 I I 1 Jaa30-Apr1,1991 l,mlm 0,65600 I I 1 1 I 1 Mir 31-J.. 1, MI I.wto 64"zoi 1 I I I I 1 --------------------------------- i----------------------------- I---------------------------- I---------------------------- {---------------------------- i------- I_______________________. Teul Uvm MatlgRegvuem<vu P<r Comply I 0 1 a I t0 I 0 1 101 --------------------------------- I---------------------------- I----------------------------- I---------------------------- I---------------------------- i------- I_______________________ _ Dm 31 - Or, 1, I990 J,616m 6;15m I i 1 3/!PR 10 1,505 m - 1,5410 I 312 UJTU 36 ],now I I Sep 30-Jul 1, 1990 1,613m 601600 1 I I I 1 1 Is. to -A, 1. Imo bloom 6;01m 1 I 1 I I 1 Mar 31-Jam 1, 1990 J,157.0) 6;2600 I I I I I I --------------------------------- I----------------------------- I----------------------------- I---------------------------- i---------------------------- i------- I_______________________. Total Uviu Meall4R<yvv<mevU Per Comply 1 0 I 0 I 10 I m I 461 ..........."9..................................................,...................................................... ..a"W-1-...........................,...----- I ................. ......a Da 11 - Oa I, 1169 l,mlm 6;10]HO I I )2 M I,JO;m- I,JSom I ]/LP11 10 1.mOm - 1,]fam 1 lfJ 1/JT11 l6 I,nOm I 1 Sep 30-Jul 1, 1939 I,SMm 4131J10 1 I 1 3=11 10 I.mSm-11541M Jr. R3-Apr 1, 1%9 1,20.0 5R8"m Mir 31-J.. 1, 1999 I,24.01 5;14e40 I 1 1 1 I I --------------------------------- I---------------------------- I----------------------------- I---------------------------- i---------------------------- i------- I_______________________. Total UciUMc<tiotRegvvemot<P<r Comply I 0 I Jf I 20 I 36 I go] -------------------- .................._......................a......................................................................................----------------------------------- DmD-Oct I, 19M 1,)90.m 5;N600 I I ]R l/ I,USm-I,JJam 1 ]lJtIt 10 I,1W m-1,]faml J21/IP11 36 I,mRm I I Sep N -Jvl 1, 1938 I,mSm 5(9mLJ 1 i I 312 ff I.72Sill -1,J61001 1 1 1..3o-Apr 1, 108 I,355.m 542I100 I I ( I 1 1 Mir 31-Jr. 1, 1038 I,M&m 5;319a0 I I I I I I --------------------------------- I---------------------------- I----------------------------- i---------------------------- i---------------------------- i------- I________________________ Total U.iu MestistReyvireme.ts Pa Cevpty 1 0 I Jf I 54 I m I 114 1 .v...............v.v.........v.v..v...........u..------ ..van......---o............,......------------------------.....vv------v....v--------------------------s------v. Dm 31-Oct 1, 198] I'moo 5Zia 5 1 1 3R Jf I.moo-1,114m 1 w ff 1,350m-1.140001 n11=11 a I,Imm 1 1 S., JO-Jul 1, 1997 I,m].m 57,1J000 I I I 13/2112TH 36 I,315m I 1 Ja. Jo-npn, I9W I.mco 51,510o0) Mir D-Jr. 1,1917 1,277.00 5;on.3o 1 I I I I I _________________________________1_________________----------- I----------------------------- I---------------------------- i___________________________i ------- I ------------------------ Total Units Must;, R<q.4esuu Per Co.,[. 1 0 1 Jf 1 ff I lot I IN i ....................................... .......................s............................,........................................................................................... VQRN •IANOSCAPE ARCNRELTURE April 1, 1998 Mr. George Britton, Manager Environmental and Project Planning Division Orange County Planning and Development Services Department 300 North Flower Street, Room 344 P.O. Box 4048 Santa Ana, Ca 92702-4048 Attn:-Mr. Bob Aldrich RE: Housing Program Report - Tracts 15491,15492 and 15493 (Applicant: Brookfield Homes) Newport Coast Planned Community Coast Planned Community Dear Mr. Aldrich: This letter is being submitted on behalf of Brookfield Homes to satisfy the 'compliance phasing" requirements established by the approved Affordable Housing Implementation Plan for the Irvine (Newport) Coast Planned Community (NCPC) for the above referenced tract. Also described as Planning Area 8 of the Newport Coast Planned Community and Planning Area 13 of the San Joaquin Hills Planned Community, Tract No. 15490 is a sub -area of Tentative Tract Map No. 15372, conditionally approved by the Orange County Subdivision Committee on May 14, 1997. These particular tracts will create legal building sites for the development of 47 single-family residential units, consistent with Coastal Development Permit PA 960166, approved by the Orange County Planning Commission on April 22, 1997. The attached exhibit indicates the location of these residential units as entirely within the Newport Coast Planned Community. As the affordable housing requirement for the Newport Coast Planned Community was demonstrated as having been met by the provision of off --site affordable apartments, we request that the applicable conditions of approval be considered satisfied and that the appropriate clearance documentation is provided to permit recordation of the above referenced tract. Should you have any questions about the information provided, please do not hesitate to call. Report concurred with and approved by: v CraFoffman For the Manager, Orange County P&DSD Date Associate Environmental and Project Planning Division Attachment c: Mr. Norm Witt —Irvine Community Development Company 602/57.100 project file 3100 Bristol Street • Suite 100 • Costa Mesa, CA 92626 • (714) 540.4700 • FAX pt4> s4o-eeia COMMUNITY PLANNING • LANDSCAPE ARCHITECTURE • RECREATION DESIGN AND SPECIAL EFFECTS • URBAN DESIGN • ENVIRONMENTAL MANAGEMENT • GOVERNMENT SERVICES • MAPPING SERVICES Coyote Canyon Landfill 10 Local Park SHILLR�OADIN 12 Commerical A Coyote Canyon Landfill 1 , 3 0 64LOT 0 12 aC �� are L IN 13 \ I � �/I- � LOT D ° - _ '� m 14 fi'i to e = J LOT A e .' 1 LOT E 13 \\ 1 1 Ix , 0 is 1 tote c?m ° 1e 10 ,a 13 LOT rr 0 ° ,D ♦ LOT A > is ° 10 It ♦6 ° > 1° LOT W �> ,0 3 O , PQ' x, ID - 1 a i° 9 W ♦ C I ♦ �2p1 30 LOT A e 4 wr H w h 3 33 ] Q• xt > 30 u y a z a m ° Ce u Q San Joaquin Hills 33 3 Planned ; tpP ' O — a 1 Newpo it Coast, t♦ or D z QpR xe 9 -71 17 tar °s Planned Cpmmuntty ,3 = 1 x] 1 6 � 3 = W n a♦ Pi +_ _ xe 10 T i♦ .• Y J+ °1 37 �y 1031 OT t Elementary School •_ •.' . _ • _ z �° ..: ,� 33 wT P N. o a. Private _ PARK aEa -/�� \ Open Space TRACT NO. 15491 TRACT N0. , �'-�- TRACT NO. 15493 ��-•�- Park 15492 r 28,/ -3 -�- Residential ��--�- Saume: Hunsekar and Associates, Irvine, CA--I-_`--- and CHA, San Juan Capistrano, CA TRACTS 15491, 15492 AND 15493 LOCATION MAP TH6RVWECOMPANY 8 r rw9 FORN4\ 0 300 MARCH 1998 IRVINE COAST PLANNED COMMUNITY CHRONOLOGICAL LIST of PC/BOS ACTIONS REGARDING AFFORDABLE HOUSING REQUIREMENTS December 17, 1980 (BOS Res. No. 80-2085) Local Coastal Program (LCP 80-4) approved and EIR 237 certified by BOS. The LCP included a Land Use Plan (LUP) and Implementing Actions Program (IAP). Affordable housing is mentioned as a condition of approval for LUE Amendment LCP 80-4: "The absolute dwelling unit limit for the plan shall be 2,000 units, to which bonus units for affordable housing shall be added." No overriding considerations are listed in the resolution. EIR 237, Chapter on Population and Housing (page 57): "The project will comply with the housing guidelines of the County of Orange. Affordable housing equal to 2St of the proposed units will be provided within any or all of the following areas: 1) within the Irvine Coast medium -density site at upper Pelican Hill Road, 2) within the Irvine Coast Visitor -Service Commercial sites, 3) adjacent to the project area in the vicinity of the San Joaquin Fills Road extension and the San Joaquin Hills Transportation Corridor, 4) elsewhere in the coastal zone, and/or 5) elsewhere within five miles of the coastal zone. January 19, 1982 The Irvine Coast Land Use Plan was certified by the California Coastal Commission. July 28, 1987 (PC Res. No. 87-42) First Amendment to -the Irvine Coast LCP approved by PC and recommended for adoption by BOS. In the list of Findings contained in the resolution, (k) states: "By resolution, the County will require 648 affordable housing units which will be located within 3 miles of the coast within the Laguna/Laurel Canyon area ,and other nearby areas in conformance with the requirements of the Mello bill." September 30, 1987 (BOB Res. No. 87-1327) First Amendment to the Irvine Coast LCP and ZC 83-24P approved by the BOS. In the resolution, the list of Findings includes (k) which states: "By resolution, the County will require 648 affordable housing units which will be located within 3 miles of the coast within the Laguna/Laurel Canyon area and other nearby areas in conformance with the requirements of the Mello bill. Affordable housing provisions in the 1982 Land Use Plan are hereby deleted. Any existing housing agreement in the 1982 Land Use Plan is hereby rescinded to assure conformity with Government Code Sections 65590 et. seq. as now implemented by the proposed LCP Amendment." In the "Findings of Approval and Supporting Documentation" (Attachment A of the resolution) Section (H) addresses affordable housing: 1' The proposed LCP amendment changes the affordable housing provisions to conform with the Mello Bill (Government Code 65590) and local provisions. Consistent with the Mello bill, the 1987 LCP deletes the housing provisions of the 1982 LUP that were the basis for the executed affordable housing agreement, rescinds any express or implied County commitment to that agreement and substitutes in its stead the County affordable housing program requirement (see 1987 LCP, Part II, Chapter 3, Section B.1) through concurrent County action." Irvine Coast Local Coastal Program, Part II, Chapter 3, Section B.1: "Residential development within the Irvine Coast Planned Community shall be limited to a maximum of 2,600 dwelling units. Compliance with the County's Housing Element will be demonstrated in the Housing Implementation Plan. To implement the County's Housing Element, the Housing Implementation Plan (HIP) shall be submitted to and approved by the Director, EMA, prior to the recordation of final tract map(s) which include more than a cumulative total of 500 residential lots or units within The Irvine Coast Planned Community." December 2, 1987 (BOS Res. No. 87-1606) Board grants final approval of the First Amendment to the Irvine Coast LCP. January 14, 1988 The California Coastal Commission certified the First Amendment to the Irvine Coast LCP. April 20, 1988 Board approves the Irvine Coast Development Agreement (DA 87-16). The affordable housing provision reads as follows: "The Coastal Commission 1982 LUP findings and certification included specific provisions to fulfill the requirements of Coastal Act Section 30213, as then in effect, regarding affordable housing in the coastal zone and, to carry out the Section 30213 requirements, further required an "Agreement for the Continued Affordability of Housing in the Irvine Coast Planning Unit of the County of Orange Local Coastal Program ("affordable housing agreement"). On January 1, 1982, the Mello legislation, Senate Bill 626, became effective thereby removing the Coastal Commission's authority under Section 30213 to require housing policies in local coastal programs and vested authority for housing policies in local government agencies. Thus, the Coastal Commission is precluded from defining requirements for affordable housing in local coastal programs. r The proposed LCP amendment changes the affordable housing provisions to conform with the Mello Bill (Government Code 65590) and local provisions. Consistent with the Mello bill, the 1987 LCP deletes the housing provisions of the 1982 LUP that were the basis for the executed affordable housing agreement, rescinds any express or implied County commitment to that agreement and substitutes in its stead the County affordable housing program requirement (see 1987 LCP, Part II, Chapter 3, Section B.1.) through concurrent County action." May 4, 1988 (PC Res. No. 88-45) Master Coastal Development Permit 88-11P and EIR 485 were approved by the PC. There is no mention of affordable housing in this document. (This permit was not sent to the BOS for approval.) October 29, 1991 Irvine Coast AHIP approved by EMA/Advance Planning. The AHIP includes quotes from the LCP which requires an AHIP and from BOS Res. No. 87-1327 which requires a total of 648 affordable units (AHIP page 3). 4 RM 5050811332743 EC30562 October 10, 2000 Mr. George Britton, Manager Environmental and Project Planning Division Orange County Planning and Development Services Department 300 North Flower Street, Room 344 P.O. Box 4048 Santa Ana, Ca 927024048 Attn: Mr. Martin Angel RE: Supplemental Housing Program Report — Tract 15934 (Applicant: Lennar Homes) Newport Ridge Planned Community Dear Mr. Britton: PLNNNI ES GNNG U I 17500 Red Rill Avenue Suite IRA UUNOSCUPENUCNIPECPUUE Irume, California 9A614-S69S ENTITLEMENT SERVICES Iel:948.660.1900 fax 949 660 9140 MUPPINGANNPNESENTUTIONS mfoCformaeompamas.eom This letter is being submitted on behalf of Lennar Homes to satisfy the "compliance phasing' requirements established by the approved Affordable Housing Implementation Plan for the Newport Ridge Planned Community for the above referenced Tract. This portion of Planning Area 22, Tract No. 15934 is comprised of 59 single-family dwelling units that are not intended to include affordable housing units and is located as shown on the attached Tract Identification Map. Consistent with the Affordable Housing Implementation Plan (AHIP), residential tracts may proceed with development without having to produce affordable units at the same time as market rate units are being sold up to certain key milestones. These development milestones are referred to as "Phases" and include a corresponding limit or "Development Cap" on the number of residential building permits which can be released for market rate units. The First Amendment to the Newport Ridge Planned Community Affordable Housing Implementation Plan was approved on November 2, 1995. In addition to the objectives established by the originally approved AHIP (dated January, 1992), the first amendment addressed several additional objectives resulting from changing market conditions, including incorporation of updated development plan information based on current approved project entitlements and allowing for the original Low income category affordable housing requirements to be satisfied with the provision of Moderate4 level rental units using a cost based reporting program exclusively. The attached Affordable Housing Requirement Summary (fable A) indicates the development milestones associated with providing specific income categories of affordable housing units. The Affordable Housing Status Summary (Table B) provides an accounting of the actual number of affordable housing units (using a cost based method to determine affordability) being provided for the period April, 1996 to May, 1999. The Newport Ridge Development Status Summary (Table C) shows a statistical breakdown of the land uses, estimated and maximum Mr. George Britton Housing Program Report — Tract No. 15934 October 10, 2000 Page 2 number of dwelling units permitted in each Planning Area and a status of the number of units currently approved on Tentative and Final Tract Maps, as well as those units currently under construction or for which Building Permits have been issued. Subject to your review and concurrence (as indicated with the signature below), we request that the applicable conditions of approval be considered satisfied and that the appropriate clearance documentation is provided to permit recordation of the above referenced Tract. Should you have any questions about the information provided, please do not hesitate to call. Sincerely, Report concurred with and approved by: FQRMA ICH offman For the Manager, Orange County P&DSD Date Associate Environmental and Project Planning Division Attachments c: Norm Witt — Irvine Community Development Company 602/30.100 project file P A C I F I C C C C A N PROJECT LOCATION MAP Tentative Tract Map 16934 JWL `j THE FmNE MMB NY No—t to Sc� fORNA OCTOBER 2000 NEWPORT RIDGE PLANNED COMMUNITY HOUSING PROGRAM REPORT Table A " IMPLEMENTATION MILESTONES Affordable Units Provided (by Income Category) Implementation .Building Permit Affordable Unit Phase Milestones LOW MOD I MOD II Requirement 1 1,500 128 (1) 128 (1) 11 1,600 32 (1) 32 (1) III 2,295 95 (1) 95 (1) TOTALS 0 255 (1) 0 255 (1) (1) The actual number of affordable housing units is 10% of the total units constructed within the Newport Ridge Planned Community or a Maximum of 255 units total. Table B AFFORDABLE HOUSING STATUS SUMMARY Units Occupied (Newport Ridge Apartment Homes) Month / Year January I February I March April May June July August September October November December 1996 -- -- -- 152 177 201 201 256 268 -268 270 274 1997 342 342 336 321 327 303 296 270 238 237 237 229 1998 292 290 288 241 213 211 140 138 255 239 231 226 1999 276 278 288 284 276 272 259 238 231 220 226 238 2000 240 242 241 299 292 284 274 272 255 Occupied Units Cost (not exceeding) Month / Year January I February I March April May June July August I September I October November I December 1996 -- -- -- $1,428 $1,428 $1,428 $1,428 $1,428 $1,428 $1,428 $1,428 $1,428 1997 $1,490 $1,490 $1,490 $1,490 $1,490 $1,490 $1,490 $1,490 $1,490 $1,490 $1,490 $1,490 1998 $1,545 $1,545 $1,545 $1,545 t$1,545 $1,545 $1,545 $1,545 $1,545 $1,545 $1,545 $1,545 1999 $1,587 $1,587 $1,587 $1,587 $1,587 $1,587 $1,587 $1,587 $1,587 $1,587 $1,587 $1,587 2000 $1,587 $1,587 $1,587 $1,647 $1,647 $1,647 $1,647 $1,647 $1,647 Note: Based on the County's Housing Affordability Table (Moderate 1 Income Category) published for each month. NEWPORT RIDGE PLANNED COMMUNITY Housing Program Report TableC DEVELOPMENT STATUS SUMMARY Phase l Affordable Units to be Phase ll Affordable Units to be Phase 111 Affordable Units to be Discretionary Permits Tentative Tract Maps Approved Final Maps Building Permits(3) Provided by Income Category Provided by Income Category Provided by Income Category Planning Land Use Gross Acres Estimated (2) Maximum C2) CDP/SDP No. Units Vesting Map No. Approval Units Map No. Approval Units Issued Units Areas Category/Code Dwelling Units Dwelling Units Dale Date Completed LOW MOD4 MOD -II LOW MOD-1 MOD -II LOW MOD-1 MOD-11 Newport Ridge Planned Community _ 1a Medium / M SP 91-133 38 TT 145BI 2119/92_ 38 T 14581 2/25193 38 38 38 T 14711 3/30/93 13 13 13 T 14583 1017/93 17 17 17 1-b 35.0 115 148 SP 92-002 56 TT 14583 4/l/92 56 (3 5 - 6 5 DU/AQ T 14712 7/16/93 26 26 26 1c PA 94-0024 21 TT 14912 5/4/94 21 T 14912 6/9/94 21 21 21 2 Medium -High / MH 29.0 80 227 SP 91-141 80 Tr 14571 5/27192 80 T 14571 4/29/93 80 80 80 (6.5 -18 DU/AC) Medium-High/MH 3 (6 5-18 DU/AQ 14.0 87 224 PA 94-0020 87 TT 14902 514/94 87 T 14902 9/6(94 86 86 86 Medium -High / MH 4 (6.5 -1 B DU/AQ 14.0 92 211 SP 92-047 93 TT 14617 1017/92 92 T 14617 6115/93 86 86 86 Medium -High / MH 5 (6 5 -18 DU/AQ 230 114 244 SP 93-029 144 Tr 14798 7/7/93 144 _ T 14798 1213/93 144 144 144 Medium-High/MH 6 (6.5-18 DU/AQ 12.0 150 151 SP 92-005 ISO TT 14588 411/92 150 T14588 4/16/93 150 ISO 150 Medium-High/MH 7 (6.5 -18 DU/AQ 17.0 81 133 SP 92-009 81 TT 14565 4/29/92 81 T 14565 5/16194 70 70 70 High / H 8 (18+ DU/AQ 15.0 316 438 PA 94-0022 316 TT 14907 5/18/94 316 T 14907 10/19/94 316 316 316 83 20 65 High / H 9 (18+ DU/AQ 13.0 196 298 196 196 196 196 196 45 12 30 High H 11 (18+ DU/AQ 18.0 66 389 PA 96-0166 66 TT 14895 5/4/98 66 T 14895 10/17/94 66 66 �66 T 15484 11/13/97 18 18 18 I Medium -High / MH T 15485 11/13/97 10 10 10 T 15486 24 24 24 _ 13 24.6 83 430 PA 96-0166 83 Tr 15372 5/14/97 83 (65-18 DU/AQ T15487(ortion) 4/17/98 9 9 9 ' T 15488 (portion) 4122/98 22 16 16 1 Medium M 14 (3 5 - 6 5 DU/AQ 194 64 89 PA 94-0149 63 TT 15078 8/17l96 64 T 15337 (portion) 12/13/96 70 69 45 Medium-High/MH 15 (6 5 -18 DU/AQ 30.5 350 547 21a Medium-High/MH 101.5 140 350 PA 95-0120 76 TTM 15135 9/13/95 76 T 15333 1/22197 46 39 39 TTM 15134 7/29/97 52 T15134 T15540 3/12/98 40 40 40 2lb (6.5-18 DU/AQ A 95-0119 FP 58 TfM 15717 4/7/99 49 T 15717 7/28199 49 49 49 PA 99-0205 191 TfM 15968 5/17/00 191 T 15968 21c Medium-High/MH TTM 16037 5/17/00 34 T16037 34 22 (6 5 -18 DU/AQ 107.2 457 800 PA 99-0151 131 TfM 15935 6/21/00 97 T 15935 PA 00-0029 59 1 TTM 15934 1 6121100 59 T 15934 59 TOTALS 2,550 1,989 1,989 1,690 11 1,583 11559 128 ! 32 95 Notes: (1) The actual number of affordable housing units is to%ofthe total units constmaed within the Newport Ridge Planned Community ora maximum of 255 units total. (2) Based on the Newport Ridge Planned Community Statistical Table (3) Building Permits issued as of July, 2000 FORMA (60V30100) NRMIP IO OOtblx�Is 101111M 9 AFFORDABLE HOUSING IMPLEMENTATION PLAN IRVINE COAST PLANNED COMMUNITY SEPTEMBER 1991 I APPROVED Date D EMA-Advanco Pluntjng County Of osai.ge PREPARED FOR Environmental Management Agency County of Orange and Coastal Community Builders (The Irvine Company) PREPARED BY Affordable Housing Consultants 404 West Fourth Street, Suite C Santa Ana, California 92701 (714) 541-9838 TABLE OF CONTENTS BACKGROUND AND CONTEXT FOR REVIEW • Introduction...............................................................................................................I • Background................................................................................................................1 • Purpose....................................................................................................................:.4 IMPLEMENTATION PLAN • Introduction..............................................................................................................6 • Irvine Coast Planned Community ........................................................................12 • Off -site Properties And Related Information...................................................13 PROGRAM REQUIREMENTS/PROCEDURES • Introduction.............................................................................................................18 • Monitoring...............................................................................................................18 • Apartment CertificationProgram.........................................................................20 • Compliance Phasing...............................................................................................23 • Amendment Procedures.......................................................................................25 APPENDIX • Sample Forms/Reports LIST OF FIGURES 1 Irvine Coast Planned Community (Boundaries)..........................................................2 2 Irvine Coast Planned Community (Planning Areas)..................................................10 3 Candidate Affordable Housing Sites............................................................................Ill LIST OF TABLES 1 Irvine Coast Planned Community Land Use Summary ..............................................9 2 Affordable Housing Allocation......................................................................................17 BACKGROUND AND CONTEXT FOR REVIEW INTRODUCTION This document is prepared as the Affordable Housing Implementation Plan ("AHIP") for the Irvine Coast Planned Community. It responds to conditions of approval imposed by the County of Orange that pertain to affordable housing, and is the first step in the process of identifying how the issue is to be addressed. BACKGROUND The Irvine Coast Planned Community is a 9,432 acre development located in the coastal area of unincorporated Orange County roughly between the cities of Newport Beach and Laguna Beach. The concept for this planned community is one which intends to take advantage of the magnificent ocean orientation of its geography by concentrating on residential development as well as visitor -serving commercial recreation. Additionally, a substantial portion (76%) of the property is set aside for open space preservation including, but not just limited to, coastal resources and significant habitat protection. Figure 1 shows the zoning boundaries established by approval of the Irvine Coast Planned Community. Originally adopted (1980) by the Orange County Board of Supervisors as part of the State of California required Local Coastal Program, the Land Use Plan ("LUP") for the Irvine Coast area was amended in 1987. The First Amendment was endorsed by the Planning Commission (September 1, 1987), adopted by the Board of Supervisors (December 2, 1987) and certified by the California Coastal Commission (January 14, 1988). The Implementing Actions Program portion of the LCP, includes Zone Change 83-24P which in effect is the planned community district regulations for the Irvine Coast. 1 FIGURE 1 -- .__SAL =W"" aim— •� ` C 1 ,ate ••"\\\' �\ cop `\\, OIYfrAL COY[ NTAIE PARK 1I. ftm \� �CIFIC OCEANPON � � +�j •� .��> Crtr of LACNM MEAGI IRVINE COAST PLANNED COMMUNITY BOUNDARIES 2 'N Both the LCP and zoning in the Irvine Coast Planned Community permit a maximum of 2,600 residential units: The LCP and the District Regulations (Chapter 3, B.1) state: "Residential development within the Irvine Coast Planned Community shall be limited to a maximum of 2,600 dwelling units. Compliance with the County's Housing Element will be demonstrated in the Housing Implementation Plan. To implement the County's Housing Element, the Housing Implementation Plan (HIP) shall be submitted to and approved by the Director, EMA, prior to recordation of fmal'tract map(s) which include more than a cumulative total of 500 residential lots or units within the Irvine Coast Planned Community." At the time in which the Irvine Coast Local Coastal Program (and Irvine Coast Planned Community) was being processed the difficulties of providing on site affordable housing were recognized and it was agreed that off -site provision of affordable units would satisfy the Housing Element as long as that provision was located within three miles of the Coastal Zone boundary. Board of Supervisors' Resolution No. 87-1327 states: "..the County will require 648 affordable housing units which will be located within 3 miles of the coastal zone within the Laguna/Laguna Laurel Canyon area and other nearby areas in conformance with the requirements of the Mello bill..." It should be noted that since the time of the First Amendment, the Laguna Laurel location mentioned in Resolution No. 87-1327 has become unavailable by virtue of an agreement between the City of Laguna Beach, the County of Orange and the landowner to implement permanent preservation of Laguna Laurel as open space by outright purchase. The novel concept of off -site performance is being taken one step further by this document via a unique approach which is explained in the following "Implementation Plan" section. In conformance with both Local Coastal Program and provision of the Irvine Coast Planned Community ("ICPC"), this document was prepared and provides 3 rVa a means for overseeing residential development within the ICPC and related affordable housing development outside the community's boundaries so that the Master Developer (Coastal Community Builders) and the County (Environmental Management Agency) can guide, monitor and ensure compliance with Housing Element requirements. PURPOSE OF THE AHIP This Affordable Housing Implementation Plan ("AHIP") is intended to address the applicable Housing Element requirements imposed upon the ICPC by becoming a master transfer agreement for those requirements and for credits when meeting them; first for the affordable units being generated within three miles of the Coastal Zone and secondly for the residential development within the ICPC itself. The "transfer" mechanism as spelled out in this AHIP will provide the latitude to the Master Developer to move forward on residential development plans for the Irvine Coast while at the same time provide assurances to the Environmental Management Agency ("EMA") of the County (who is responsible for seeing to Housing Element compliance) that the affordable units will be brought on line. This AHIP, with its monitoring/reporting system, should adequately guide the development of both market rate and affordable units. When implemented properly, it can avoid the chaos in meeting administrative needs that often develops without a preapproved plan in a residential planned community where there are many residential projects and sometimes multiple builders. Easing the administrative burden on EMA by use of this governing AHIP is an objective which will also help the Master Developer in obtaining clearance for residential projects in a timely fashion. The assurance that the affordable housing will be provided is usually assessed at different times during different stages of the development process. To coordinate processing, approval of all residential subdivision maps and, site development permits shall be conditioned to provide documentation required by this AHIP, as follows: "Prior to the recordation of any final map for residential building purposes or issuance of any residential building permits (whichever comes first) in the Irvine Coast Planned Community, a Housing Program Report (12R") shall be submitted to and be approved by the Manager, Advance Planning Division, EMA, or his designee. Said Report shall demonstrate compliance with the Affordable Housing Implementation Plan ("AHIP" ):' 2 1 This AHIP is in essence a regulatory means by which the County can monitor the production of both market rate units within the ICPC and affordable housing units off -site. This will help to ensure that six hundred forty-eight (648) affordable housing units will be provided within three miles of the Coastal Zone boundary and offered to households earning no more than one hundred twenty percent (120%) of the County Median Income ("CMI" ). This is to be further defined as: 10% Low Income : Households earning 80% or less of the CMI. 100/c Moderate I : Households earning 81 - 100% of the CMI. S% Moderate II : Households earning 101 - 120% of the CMI. Should a conflict arise between the County's Housing Element and the provisions contained within this AHIP, the more stringent shall apply. Where changing County housing policy may impact the implementation of this AHIP, the Director of Planning, EMA shall be responsible for determining which shall prevail. Historically, those residential projects which fell under County review were conditioned to ensure compliance with affordable housing policies and guidelines established by the County through the General Plan (Housing Element). In the early stages of the County's program, compliance usually occurred on -site (i.e. building the affordable units as part of the project) or by utilization of the "vested excess affordable units credits" system (i.e. not building affordable units on -site because credit for them has been achieved off -site on another project which sold more affordable units than required). Today's Housing Opportunities Program (adopted May 13,1983) makes provision for a "transfer agreement" whereby off -site provision of the required affordable housing units is acceptable providing that the "transfer agreement" identifies the market rate units and those off -site affordable housing units from which credits will be transferred. This Affordable Housing Implementation Plan for the ICPC serves as a master transfer agreement in that it identifies the location of market rate and affordable unit production in one document. C1 IMPLEMENTATION PLAN INTRODUCTION The 2600 dwelling units zoned for the Irvine Coast are effected by the affordable housing requirements of the County. With adoption of the Housing Opportunities Program by the County (which superseded the Inclusionary Housing Program) emphasis was placed upon the voluntary production of affordable housing units rather than mandatory; however, those planned communities which had the mandatory requirement in place must still comply, and the ICPC is such a project. The affordable housing standard of twenty- five percent (25%) is applicable and must be addressed by the development program. The affordable housing standard of 25% requires that such a percentage of the total number of dwelling units to be produced on a project must be sold or rented to households whose yearly income does not exceed one hundred twenty percent (120%) of the County Median Income. For the ICPC this results in the need to produce a minimum of six hundred forty-eight (648) affordable units. This 648 is further allocated as follows: Cateeory Number of Units Low 260 Moderate I 260 Moderate II 128 Percentage of Median Income 80% And Below 81% To 100% 101% To 120% The three income -based measures of affordability are updated every quarter and published by the County in a "Housing Affordability Table". For the second quarter of 1991, these affordability measures are as follows: Income Category For -Sale Units Low (Household yearly income no more than 80% of the County Median Income)...............$45,104 rol _ tz��.. \ ' AN \'t � I t �• � � n. c•ar x.r a n�in-� Z .4 [co.ouc•. �' t MlE�rr •- �� . ar• 4� .a.' 14.a70 St \\ _ ' �`. 1 Imo• ' 1% CRYSTAL \\ I �•1 I A L eefv 14 •VA ]�'/" COVE • p'33.1i11 it � � O� 16� o +• , f I, STATE A/N I PARK 63 �� II ��--t ,_• PACIFIC COAST 2� MWl•164 a.... [ 131 \ ub.!.� I. BAYME0 APARTMENTS 2. BAYPORT APARTMENTS S. BAYWOt)D APARTMENTS 4. ,NORTH APARTMENTS PACIFIC''. OCEAN 11 ll-IE IFMNE MMP1W Moderate I (Household yearly income is 81% to 100% of the County Median Income)..............$56,380 Moderate H (Household yearly income is 101% to 120% of the County Median Income)..............$67,656 In addition to the income -based measure of affordability the County also permits use of three cost -based measures of affordability which may be used instead of the income -based definition. For the second quarter of 1991, these affordability measures are as follows: Category For -Sale Rental Units Units Low (Monthly payment or rent doesnot exceed) ............................................... $1,240........... $12128 Moderate I (Monthly payment or rent does not exceed) ............................................... $1,550........... $1,410 Moderate H (Monthly payment or rent does not exceed) ................................................ $1,861........... $1,691 The income -based affordable housing measures mean, for example, that a for -sale unit can qualify as an affordable unit if sold to a buyer (household) with an annual gross income which does not exceed one hundred twenty percent (120%) of the County Median Income. As of April 1, 1991, the County Median Income was $56,380.00. A buyer of a for -sale unit who falls into the Moderate II category could not earn more than $67,656 per year in order for the unit to be sold and certified as affordable. Using the cost -based affordable housing measures means that a Moderate II renter could not pay more than $1,861 per month in order for the rental unit to be considered as affordable. 7 0 I N Table 1 is a statistical summary of the land use proposed in the ICPC. Figure 2 shows the corresponding planning areas designated for residential use and Figure 3 identifies Candidate Affordable Housing Sites and of those, four (4) specific off -site (rental) projects are identified at this time. The Program Requirements/Procedures section of this AHIP includes a description of how the monitoring of these affordable rental units is to be accomplished via an Apartment Certification Program. That Program will be carried out by the Master Developer in a fashion which will utilize both "income" (initial rental) and "cost -based" (subsequent rental) measures of assessing affordability. 1.1 TABLE 1 IRVINE COAST PLANNED COMMUNITY LAND USE SUMMARY Jae of Land Use Planning Areas Gross Acres (a� Residential: Low Density 3A, 3B, 6, 7A, 7B 526 Medium -Low Density 59 9 202 Medium Density 1B2 2A, 2B, 2C, 4A, 4B 954 High Density 1A, 1C, 8 240 SUBTOTAL 1,922 ACRES COMMERCIAL: Tourist Commercial 13A, 13B, 13C, 13D, 13E2 13F2 14, 16A, 16B 276 ACRES OPEN SPfACE: Golf Course 10A, 10B 367 Recreation and Parks 11A, 11B, 12A, 12B, 12C, 12D2 12E2 179 18, 192 20A, 20B, 20C 4,878 Conservation 21X 21B2 21C, 21D 1.989 (Regional Wilderness Park) SUBTOTAL 7,234 ACRES TOTAL --ALL LAND USE 9&2 ACRES 0 FIGURE 2 IRVINE COAST PLANNED COMMUNITY PLANNING AREAS 10 IRVINE COAST PLANNED COMMUNITY The Irvine Coast Planned Community consists of 9,432 acres located along the southern coast of unincorporated Orange County between the cities of Newport Beach and Laguna Beach. The Irvine Coast generally extends from the Pacific Ocean to the ridge of the San Joaquin Hills. The Irvine Coast Local Coastal Program text describes the Irvine Coast area as follows: "Geographically and topographically, the coastal area of The Irvine Ranch contains five distinct areas: the shoreline, the coastal shelf, gently sloping coastal hills, major canyons, and prominent ridgelines. Three and one-half miles of meandering shoreline offer a variety of scenic views, recreational opportunities, and marine habitats. The coastline contains .both sandy beaches and rocky shores. Atop the coastal bluffs is a flat shelf extending inland to Pacific Coast Highway. Since most of the shelf between Pacific Coast Highway (PCH) and the ocean is now part of Crystal Cove State Park, this shelf offers significant coastal access and recreational opportunities. Inland from Pacific Coast Highway, in the northwestern portion of the coastal area, sit the gently sloping hillsides and ridges of Pelican Hill and Wishbone Hill. These ridges and hillsides provide the majority of the developable land area outside the coastal shelf. These ridges and hillsides developable land area outside the coastal shelf. These ridges and hillsides are divided and defined by three major canyon systems which extend perpendicular to the shoreline. Starting at the west, the canyons are Buck Gully, Los Trancos Canyon, and Muddy Canyon. Farther to the east are Moro and Emerald Canyons. The southeastern portion of the coastal area, inland from Pacific Coast Highway, is dominated by three prominent ridges. No -Name Ridge is located between Muddy and Moro Canyons. Moro Ridge extends inland from Moro Hill and is bounded by Moro and Emerald Canyons. Finally, Emerald Ridge separates Emerald and Laguna Canyons." As mentioned earlier in this AHIP, it is the responsibility of the Master Developer - to identify how, the County's affordable housing requirement will be met. 12 This AHIP is based upon the concept of satisfying the ICPC affordable requirement by use of credit for affordable units generated outside of the boundaries of the ICPC but within three miles of the Coastal Zone. Figure 3 illustrates the location of Candidate Affordable Housing Sites with Table 2 listing the anticipated affordable housing allocation. OFF -SITE PROPERTIES AND RELATED INFORMATION As represented by the Candidate Affordable Housing Sites in Figure 3, four of the sites are located immediately to the north of the most northwesterly boundary of the ICPC with the remaining three sites located within the recently adopted San Joaquin Hills Planned Community adjacent to the ICPC. All of these sites are outside the ICPC but are owned by the Master Developer. Not only is the use of off -site affordable units to satisfy all of the affordable housing requirement imposed upon ICPC a unique aspect of this AHIP, also worthy of note is that the approach taken herein is one which will accelerate the production of affordable units, particularly, Low income units. This is to be accomplished by implementing a program whereby units will be set aside as "affordable units" within four existing apartment complexes (Sites 1, 2, 3 & 4, Figure 3). The rationale for this approach is as follows. During the many hearings on the ICPC and those on the San Joaquin Hills Planned Community, the issue of affordable housing was discussed at length. Of particular concern on the part of those participating was, given the price of on -site units where would employees working in the proposed tourist/commercial/recreation enterprises within and nearby to the Irvine Coast find housing? Much consideration was given to dealing with the problem of employee related housing, with the result being the program contained within this AHIP. The Master Developer proposes to address these needs by the opportunity of nearby rental units, access to transportation services (facilitating employee commute to their current residences), and related employee housing availability services. Outside of building on -site dormitory type housing (neither attractive for thd'dommunity nor necessarily pleasant for the employee/resident who desires a personal residence) the steps being proposed should help to satisfy the concerns which have been expressed regarding affordable housing near employment centers in expensive housing areas. An assessment of the workability of this proposal shall be provided to the County as part of the Annual Monitoring Report ("AMR") which the County requires of each planned community in unincorporated territory. 13 The off -site Candidate Affordable Housing Sites are located in two geographic areas, "East Newport" and " San Joaquin Hills". Within each area, are sites designed to meet the affordable requirement. I 14 EAST NEWPORT Site 1 This property is known as the Bayview Apartments. It is located on San Joaquin Hills Road between MacArthur Boulevard and Newport Coast Drive and consists of 64 apartment units (40 one bedroom; and 24 two bedroom). The AHIP proposes to set aside 20 of the 64 units as affordable in the Low category. Site 2 This property is known as the Bayport Apartments. It is located on San Joaquin Hills Road between MacArthur Boulevard and Newport Coast Drive and consists of 104 units (72 one bedroom; and 32 two bedroom). The AHIP proposes to set aside 30 of the 104 units as affordable in the Low category. Site 3 This property is known as the Baywood Apartments. It is located on San Joaquin Hills Road between MacArthur Blvd and Newport Coast Drive, and consists of 388 units (80 one bedroom; 244 two bedroom; 54 three bedroom). The AHIP proposes to set aside 105 of the 388 units as affordable in the Low category. Site 4 This property is known as the Newport North Apartments. It is located at the intersection of MacArthur Blvd and Newport Coast Drive, and consists of 570 units (183 one bedroom; 341 two bedroom; and 46 three bedroom). The AHIP proposes to set aside a minimum of 105 of the 570 units as affordable in the Low category. Of the total 1,126 units in sites 1 through 4 combined, 307 of the units were previously set aside as "affordable" for other financing and other entitlement requirements. The units proposed to be set aside as "affordable" (Table 2) by this AHIP are exclusive of those 307 units previously allocated. The Master Developer proposes to maintain the affordability of the 260 units designated as affordable in the LOW category for a seven year period. Additionally, only two and/or three bedroom units in the existing apartment buildings will be used to satisfy the LOW category requirements. 15 IF SAN JOAQUIN HILLS As of the date of preparation of this AHIP the sites within the San Joaquin Hills Planned Community which are anticipated to include affordable housing are located in planning areas shown on Figure 3. As planning for development of that planned community progresses, the specifics of those sites will be identified in greater detail, with use of a rental implementation agreement being the likely vehicle for ensuring compliance. The three sites designated PA 3, PA 8 AND PA 9 are located northwesterly of the intersection of San Joaquin Hills Road and Newport Coast Drive. Planning Area 3 is 13.0 acres with a maximum of 224 units permitted, Planning Area 8 is 14.2 acres with a maximum of 438 units permitted, and Planning Area 9 is 10.7 acres with:, a maximum of 298 units permitted. The total number of dwelling units permitted for these three sites combined is 960. Refinement of the projected number and category of affordable units may likely occur as detailed engineering and site planning occurs; however, in no event will the cumulative total of affordable units proposed for sites in both the East Newport and San Joaquin Hills areas be less than 648 units or twenty-five percent of the total number of dwelling units to be built within the Irvine Coast Planned Community. The timing of the provision of the units in sites 1 through 4 which is a unique aspect of the approach taken by this AHIP is discussed in the Compliance Phasing section of this document. Whereas the affordability of the units in East Newport will be maintained for a seven (7) year period, the affordability of the units to be constructed in San Joaquin Hills will be maintained for a five (5) year period. I 16 r iL J TABLE 2 AFFORDABLE HOUSING ALLOCATION NUMBER OF AFFORDABLE UNITS SITE LOW MOD I MOD II TOTAL 1 20 0 0 20 2 30 0 0 30 3 105 0 0 105 4 105 0 0 105 (Sub -total: 260 0 0 260) PA 3 0 65 32 97 PA 8 0 130 64 194 PA 9 0 65 32 97 (Sub -total: 0 260 128 388) TOTALS: 260 260 128 648 NOTE: As a result of more detailed engineering and site planning, changing market conditions or other factors, it may become necessary to substitute other sites for those proposed above and/or produce more affordable units on a particular site than shown above. In the instance where more affordable units are produced on one of the sites identified above and less on another it shall not be necessary to amend this AHIP as long as the cumulative total remains the same or more. In accord with the County's Housing Element, it is also permissible to substitute on a one for one basis credit for affordable unit production from the Low category to Mod I or Mod II, and to use credit fora Mod I in lieu of a Mod H. Whether a reallocation of units among sites or a substitution of an excess number of units in one category to satisfy another, it is intended by this AHIP that affordable units be provided in both "East Newport" and "San Joaquin Hills" properties with a minimum of (Mod I &/or Mod Il) 388 of such units to be in the San Joaquin Hills Planned Community. 17 PROGRAM REQUIREMENTS/PROCEDURES INTRODUCTION By use of the procedures contained within this section of the AHIP, the County will be better able to monitor and guide development such that the affordable housing requirement of the County will be adequately addressed and satisfied by the Master Developer. Coastal Community Builders will assume responsibility for coordinating all submittals to the County and ensuring that the guidance provided by this AHIP is utilized where applicable. There are several types and levels of procedures which combined form the basic thrust of the AHIP in assessing compliance. These monitoring endeavors generally fall into the following three categories: I '' MONITORING ud'Yn To verify compliance, Coastal Community Builders will establish an auditing procedure which will involve the Company in three major activities: 1. Working with each merchant builder and the County (EMA) in the processing of any application for residential use to ensure compliance with the Housing Element. 2. Verifying that each affordable rental project has a program which leasing agents will use to achieve assigned affordable housing objectives, and in the event that for -sale units are targeted to satisfy part of the affordable housing requirement to make sure that each sales program also includes assigned affordable housing objectives. The objectives include, the minimum number of affordable units, the number of units to be set aside for each target income group, as well as appropriate payment (or pricing and financing) mechanisms. 3. Monitoring and participating in the certification (of income) process to ensure that the same standards are being utilized in each project having affordable units, and that the information is presented in a timely fashion. t Reporting 1. Periodic status reports will be provided to the County as the development proceeds. 2. In addition to status reports, prior to recordation of any residential subdivision map or issuance of any residential building permit (whichever occurs first); a Housing Program Report is to be also submitted to the Manager, Advance Planning Division (EMA) to identify how the project relates to the total affordable housing requirement and as to other compliance with this AHIP. These reports also serve as a means of keeping track of where the overall program stands in terms of meeting phasing requirements. 3. Once units are available, status reports continue to be provided. A certification report will be issued when sufficient number of units can be verified as being occupied by those in the targeted categories. With approval of this AHIP, the Company, and the County commit to ensuring that all credit for affordable unit production shall be requested by and allocated to Coastal Community Builders. 19 P APARTMENT CERTIFICATION PROGRAM Rationale As noted elsewhere in this AHIP, the County's Housing Opportunity Program and this document make provision for satisfying affordable housing requirements through the use of rental projects. The purpose of this Apartment Certification Program ("ACP") is to assist both Master Developer and County in monitoring and verifying the production of rental units which qualify for meeting the affordable housing requirement; which at this time include all of the seven (7) rental projects contemplated by this AHIP. In some instances, on other properties, and particularly where multiple -family revenue bond funds have been provided via the County, verification of rents and renter income must be provided on a frequent periodic basis. Additionally, the use of bond funds may carry with it other criteria such as a requirement for providing a greater number of units in, for example, the Low category. The methodology for reporting and the resource burden placed upon the County for verification of the reports can be overwhelming given more pressing responsibilities other than checking stacks of papers containing incomes or rental rates. Therefore, this ACP has been designed to ease both the administrative burden yet ensure that proper steps are taken to implement affordable housing objectives. The major component of this Program is w the utilization of both "income based" and "cost -based" criteria, thus making irrefutable the claim, by the Master Developer, for credit in satisfying the affordable housing requirement by use of each assigned rental unit within properties identified by this AHIP. The Housing Opportunities Program as applied to rental projects and implemented by the County may vary from project to project depending upon a number of circumstances. But generally speaking, the following two rules apply: 1. The maximum monthly payment (rent) for a rental unit is calculated by taking thirty percent (30%) of the maximum income provided for each category (i.e. Low, Mod I, and Mod H) and dividing it by twelve (12). 2. If a unit has been offered for rent to eligible renters pursuant to both income based and cost -based criteria and the unit remains unrented for thirty (30) days, then: (a) The unit may be rented to anyone at the same rate it was offered to eligible renters. 20 (b) If the owner is able to document that a good faith attempt was made to attract and rent to target income households for thirty (30) days, but that the unit remains unrented and the rental rate is maintained, then affordable credit may be given for the unit on cost -based criteria alone. In order to satisfy the affordable requirement through the use of rental units, it is necessary to generate and keep supporting data utilizing cost -based or income -based, or both criteria. For example, using the cost -based method, some of the rental units of each type and at each qualifying rental rate may be vacant for thirty (30) days and thus always available. Actual rental histories of each unit must be kept and inventoried periodically. Existing tenants in the four "East Newport" sites will not immediately be certified as meeting the affordable objective either based upon income or rental rate of the unit occupied; however, such tenants may be certified if they enter into a new rental agreement subsequent to initiation of the Apartment Certification Program. Procedures At the start of the Program, be it the beginning of a new rental project or a point in time on an existing rental project, the Master Developer or assigns shall meet with the project management and leasing staff to explain the ACP. Advertisements for each project should mention that rental rates are in accord with the County's Housing Opportunities Program and leasing agents should be trained to make sure that when there are vacancies appropriate efforts are made to capture renters who fall into the target income group. The income of each prospective renter will be verified and when the unit is rented the renter's income should be documented. If necessary, a consent to release financial information form will be signed (See: Appendix, Sample Forms/Reports). Tracking Sv, stem In order to provide for the direct linkage between the East Newport units set aside to meet the affordable housing requirement for the Irvine Coast.Planned Community, and the major Irvine Coast Employers ('Employer") a tracking system will be established. The tracking system consists of three parts. The first is an internal (i.e. apartment complex) identification of affordable unit availability; the second is the notification 21 of unit availability to the Employer and follow up on response, if any, then followed by an accounting of when the unit is rented and to whom. This latter information is then entered into and combined with the regular reporting requirements established by this Apartment Certification Program (See: "Reporting"). 1. Identification Of Availability Once the Program is established, unit files within the leasing office of each of the East Newport apartment complexes will identify those units which are designated as an affordable unit ("set aside"). A monthly accounting of unit occupancy will be kept as part of the reporting procedure. Upon receipt of notice of termination of an existing tenant for one of those units the leasing agent assigned will initiate the next step. 2. Notification Of Availability No less than one week prior to the availability of a set aside unit the leasing agent will send out a ."Notification Letter" to the Employer (See: Appendix). This notification will call attention to, the date of availability of the unit, which apartment project the unit is located in, the type of unit (i.e. number of bedrooms), the rental rate and the maximum amount of annual household income permitted based upon the County's Housing Affordability Table in effect at the time. For example, the maximum yearly income amount for a renter in the "low" category was $45,780 for the period July 1 through September 30, 1991. In addition to the above, the letter will note the duration which the unit will be held available before being offered to others on a first come first served basis. The initial offer period for the Notification Letter may be as long as thirty (30) days, or as short as ten (10) days in which case availability of the unit will be then made known to a larger audience of target income renters from other sources for a period not less than r twenty (20) additional days. 3. Accounting A copy of each Notification Letter will be kept with the unit file and the results will be combined with the normal reporting procedures for the entire Program. In addition to tracking the response to this effort, project managers will be better able to identify opportunities for improving the linkage between the East Newport units and the major Irvine Coast Employer. In the event modifications to this Tracking System are warranted these will be reviewed with EMA for concurrence prior to implementation and shall not necessitate an amendment to this AHIP. 22 I; It should be again noted that 307 of the East Newport units (in sites 3 and 4) were previously set aside as "affordable" for financing and other entitlement requirements. To preclude any potential for double counting such units they are listed in the Appendix of this AH1P (See: Units Committed To Other Programs). e ort' Each month the project management is notified of any changes in County Median Income and the corresponding monthly rental rate figures for each affordable category. Along with such notification is a request to complete a rental project status report which contains information about the number of units rented, by type, which are available, or were rented during the previous month, and if rented the monthly rental rate for unit. Once the rental rate for each unit is established as being in accord with the County's Housing Affordability Table, then it is only necessary to review the project status report to ascertain compliance. In addition to periodic status reports to the County on the production of affordable housing, the Master Developer shall provide a yearly certification report documenting that vacancies were always available for the target income renter for a minimum of thirty (30) days prior to being rented to someone else, if they were. COMPLIANCE PHASING Development Cap While this AHIP authorizes development to proceed without having to produce affordable units at the same time as market rate units are being sold, such capability is only permitted up to certain points at which time compliance with the affordable housing obligation need to be verified. These points are referred to as "Phases" and include a corresponding limit or "Development Cap" on the number of residential building permits which can be released for market rate units. These are as follows; Phase 1 (Compliance of 260 Affordable Units) Prior to the issuance of the 650th residential building permit for a market rate unit in the ICPC, forty percent (40%) of the total affordable housing obligation will be certified or the requirement otherwise addressed to the satisfaction of the Manager, Advance Planning Division (EMA). 23 Phase 2 (Compliance of Remaining 388 Affordable Units) Prior to the issuance of the 2,500th residential building permit for a market rate unit in the ICPC, the balance of sixty percent (6001o) of the total affordable housing obligation will be certified or the requirement otherwise addressed to the satisfaction of the Manager, Advance Planning Division (EMA). Although each compliance phase percentage usually is prorated to address the Low, Moderate I and Moderate H distribution (except that units falling into the Low category may be used to satisfy units assigned to the Moderate I and Moderate H categories) this AHIP governing the ICPC proposes to commit to producing the Low category units first. The 260 affordable units required for compliance in Phase 1 are intended to be units all in the Low category. Verification of unit certification, or the method of how the requirement is to be "otherwise met" shall be accomplished in a manner consistent with the provisions of this AHIP and the affordable housing guidelines of the County. The term "market rate" as used above, refers to units which are not intended to be qualified as affordable housing. Timing of Delivery In addition to the uniqueness and benefit of providing Low category affordable units within the first compliance phase (instead of prorating them so as to include units in all three categories with each phase) the Master Developer proposes to ensure that these Low category units are brought on line prior to or in conjunction with the opening of the two proposed hotels on the Irvine Coast, this is a means of addressing the issue of housing opportunities for hotel employees. The specifics of delivery dates can not be identified at this stage in the development process (i.e. as of the date of preparation of this AHIP); however, the estimated timing of the start of delivery of affordable units (and initiation of the Apartment Certification Program) will be submitted to the County as part of the Annual Monitoring Report, or in the event the information is available sooner, it can be provided in conjunction with a Housing Program or other (Status) Report. 24 7k �7 I AMENDMENT PROCEDURES Should revisions to the project or unforeseen circumstances create a need to modify this document, the Plan may be considered for amendment in accordance with the following procedure: 1. Coastal Community Builders shall provide a report identifying how conditions have changed such that modification to this AHIP is appropriate. 2. The Director of Planning (EMA) may review and administratively approve an amendment to the AHIP providing that the spirit and intent of the Program is preserved or enhanced. 1 25 APPRNDTY Quartet Housin; Monthl Consen Notifia Units C QUARTERLY REPORTING FORM (sample) Project/ Tract Total Permits Issued Affordable Units Certified Number Units Market Rate LOW MOD I MOD II AFFORDABLE PROJECTS 2 3 4 PA3 PA8 PA9 SUBTOTAL 648 RESIDENTIAL TRACTS - IRVINE COAST PLANNED COMMUNITY * * * * * SUBTOTAL 2600 GRAND TOTAL 3248 * This information will be updated with each'Quarterly Status Report. 27 HOUSING PROGRAM REPORT (sample) date Manager Advance Planning Division ENVIRONMENTAL MANAGEMENT AGENCY P.O. Box 4048 Santa Ana, California 92702-4048 Attention: Chief, Consistency Review Section Subject: Housing Program Report - Tract Irvine Coast Planned Community Dear Manager: Tract is a portion of Lot _ of Master Tract No. located in the Irvine Coast Planned Community. Tract consists of _ single family detached units. y Residential tracts in the ICPC are identified in the Irvine Coast Planned Community Affordable Housing Implementation Plan (AHIP) as projects which are not intended to include affordable units. The affordable housing requirement for projects in ICPC, such as Tract , are satisfied by affordable units in the off -site Candidate Affordable Housing Sites (see AHIP - page 11). Attached for your reference is a chart summarizing the number of tracts recorded, building permits pulled, and affordable units certified to date. On behalf of Coastal Community Builders, this Housing Program Report is submitted and we trust that it meets with your approval. Subject to your concurrence and signature below, we request that the applicable conditions of approval be considered as satisfied and that the proper clearances be given to EMA staff so that the map may be recorded. Thank you for your attention and prompt assistance. Sincerely, _ FOR COASTAL COMMUNITY BUILDERS k REPORT CONCURRED WITH AND APPROVED BY: By: Date: For the Manager, EMA - Advance Planning County of Orange 28 MONTHLY APARTMENT PROJECT STATUS REPORT (sample) Irvine Coast Planned Community TO: I RE: Status Report of Rental Activity for Month of , 1991. Project Name Location Total No. of Units in Project -Unit a # of Units # of Unit Rented # of Units Available Rental Rate Ranee TOTALS Number of Units Rented by Income Category: LOW (80% OR Less) MOD I(81% - 100%) MOD II(101% - 120%) above 120% By Date Name of Builder Representative 911 t n Consent to Release of Financial Information to the County Rental Units Tenant understands that Lessor and the Irvine Company may be obligated to provide to the County of Orange for statistical purposes financial information of Tenant, including without limitation Tenant's annual gross income. Tenant consents to i providing The County of Orange with any financial information of Tenant furnished in connection with the rental of this unit, and Tenant waives any and all rights and claims again as a result c ti NOTIFICATION LETTER (Sample) date name address Dear Irvine Coast Employer (Personnel Manager): The purpose of this letter is to inform you of the availability of a rental apartment unit in (name) Apartments located at (address, and to extend to your employees who have an annual household income not exceeding' (dollaramount) first opportunity to rent the unit. A _(number of) bedroom unit is available beginning date The rental rate of this unit is dollar amount) per month. The unit will be held for any of your employees who may be qualified and interested until —(date) -,at which time it will be made available to others on a first come first served basis. If any of your employees are interested in renting this unit, please have them telephone (contact person's name) at (714) (telephone number. If you have any questions please contact this office. Sincerely, (name) Leasing Agent Apartment management Company cc: Unit File/Apartment Certification Program 31 Units Committed To Other Programs SITE 3 153 Baywood 676 Alderwood 223 Baywood 677 Alderwood 225 Baywood 678 Alderwood 261 Baywood 731 Alderwood 267 Baywood 733 Alderwood 281 Baywood 735 Alderwood 315 Baywood 737 Alderwood 323 Baywood 741 Alderwood 335 Baywood 742 Alderwood 337 Baywood 743 Alderwood 338 Baywood 744 Alderwood 341 Baywood 745 Alderwood 345 Baywood 747 Alderwood 346 Baywood 751 Alderwood 356 Baywood 752 Alderwood 425 Baywood 753 Alderwood 451 Baywood 755 Alderwood 615 Baywood 756 Alderwood 651 Alderwood 757 Alderwood 652 Alderwood 758 Alderwood 653 Alderwood 761 Alderwood 654 Alderwood 762 Alderwood 655 Alderwood 765 Alderwood 656 Alderwood 766 Alderwood 657 Alderwood 767 Alderwood 661 Alderwood 768 Alderwood 663 Alderwood 773 Alderwood 665 Alderwood 781 Alderwood 666 Alderwood 782 Alderwood 667 Alderwood 783 Alderwood 668 Alderwood 913 Baywood 671 Alderwood 672 Alderwood 673 Alderwood 674 Alderwood 675 Alderwood 32 I Is SITE 4 100 Laurent 302 Monte Carlo 1215 Alicante 102 Laurent 303 Monte Carlo 1217 Alicante 105 Laurent 304 Monte Carlo 1306 Cartegena 106 Laurent 305 Monte Carlo 1322 Cartegena 107 Laurent 312 Monte Carlo 1330 Cartegena 108 Laurent 314 Monte Carlo 1332 Cartegena 110 Laurent 318 Monte Carlo 1333 Cartegena 112 Laurent 1105 Corella 1334 Cartegena 114 Laurent 1106 Corella 1335 Cartegena 115 Laurent 1107 Corella 1338 Cartegena 116 Laurent 1108 Corella 1404 Posada 117 Laurent 1110 Corella 1406 Posada 122 Laurent 1114 Corella 1407 Posada 123 Laurent 1116 Corella 1410 Posada 124 Laurent 1118 Corella 1416 Posada 125 Laurent 1122 Corella 1417 Posada 128 Laurent 1124 Corella 1418 Posada 131 Laurent 1128 Corella 1428 Posada 132 Laurent 1132 Corella 1430 Posada ' 133 Laurent 1133 Corella 1431 Posada 140 Laurent 1134 Corella 1438 Posada 141 Laurent 1136 Corella 1440 Posada 146 Laurent 1141 Corella 1441 Posada 218 Marsala 1144 Corella 1444 Posada 222 Marsala 1146 Corella 1502 Valencia 234 Marsala 1147 Corella 1516 Valencia 235 Marsala 1148 Corella 1517 Valencia 236 Marsala 1156 Corella 1518 Valencia 237 Marsala 1158 Corella 1528 Valencia 238 Marsala 1166 Corella 1530 Valencia 239 Marsala 1168 Corella 1544 Valencia 242 Marsala 1170 Corella 2100 Bastia 243 Marsala 1172 Corella 2102 Bastia 244 Marsala 1174 Corella 2104 Bastia 246 Marsala 1182 Corella 2106 Bastia 247 Marsala 1183 Corella 2108 Bastia 248 Marsala 1184 Corella 2109 Bastia 249 Marsala 1207 Alicante 2110 Bastia 250 Marsala 1210 Alicante 2112 Bastia j ■, 2122 Bastia 2408 Naples 2616 San Marco 2124 Bastia 2409 Naples 2617 San Marco 2125 Bastia 2422 Naples 2618 San Marco 2128 Bastia 2423 Naples 2619 San Marco 2132 Bastia 2424 Naples 2620 San Marco 2134 Bastia 2425 Naples 2621 San Marco 2136 Bastia 2426 Naples 2622 San Marco 2137 Bastia 2428 Naples 2623 San Marco 2138 Bastia 2436 Naples 2624 San Marco 2140 Bastia 2440 Naples 2625 San Marco 2142 Bastia 2446 Naples 2630 San Marco 2201 Brindisi 2448 Naples 2633 San Marco 2202 Brindisi 2449 Naples 2634 San Marco 2204 Brindisi 2450 Naples 2635 San Marco 2208 Brindisi 2454 Naples 2636 San Marco 2224 Brindisi 2502 Salerno 2637 San Marco 2225 Brindisi 2503 Salerno 2703 Amalfi 2226 Brindisi 2504 Salerno 2705 Amalfi 2228 Brindisi 2505 Salerno 2706 Amalfi 2242 Brindisi 2506 Salerno 2707 Amalfi 2248 Brindisi 2507 Salerno 2709 Amalfi 2300 Naples 2509 Salerno 2714 Amalfi 2301 Naples 2516 Salerno 2715 Amalfi 2304 Naples 2517 Salerno 2716 Amalfi 2306 Naples 2518 Salerno 2717 Amalfi 2307 Naples 2519 Salerno 2718 Amalfi 2308 Naples 2528 Salerno 2719 Amalfi 2310 Naples 2529 Salerno 2720 Amalfi 2314 Naples 2530 Salerno 2721 Amalfi 2315 Naples 2531 Salerno 2722 Amalfi 2322 Naples 2532 Salerno 2723 Amalfi 2325 Naples 2600 San Marco 2724 Amalfi 2338 Naples 2602 San Marco 2725 Amalfi 2339 Naples 2603 San Marco 2727 Amalfi 2340 Naples 2604 San Marco 2731 Amalfi 2341 Naples 2605 San Marco 2732 Amalfi 2342 Naples 2606 San Marco 2733 Amalfi 2401 Naples 2608 San Marco 2734 Amalfi 2402 Naples 2609 San Marco 2735 Amalfi 2406 Naples 2614 San Marco 2736 Amalfi 2407 Naples 2615 San Marco 2737 Amalfi 34 ATTACHMENTI SAN JOAQUIN HILLS PLANNED COMMUNITY AFFORDABLE HOUSING IMPLEMENTATION PLAN IMPLEMENTATION MILESTONES Residential Affordable Units Provided Implementation BuildingPermit I (By Income Category) Affordable I 1,500 128 (1) 128 (1) t[ 1,600 32 (1) 32 (1) III Z295 95 (1) 95 (1) TOTALS 0 255 (1) 0 25s (1) IMPLEMENTATION STATUS SUMMARY LAND USE - CATEGORY/CODE Planning Area Gross Acres Non -Commercial Estimated (2) Dwellin Units Maximum (2) Dwellin Units uweumg units on A roved Subdivisions Building Permits Issued or Units UnderConstmctionl3) Phase I Affordable Provided b Inco Tentative Ma PinalMa s LOW MOD -I Medium/M " Medium-High/MH Medium-High/MH Medium-High/MH Medium-High/MH Medium-High/bIH Medium-High/MH High/H • HghJH 8h Medium-High/MH ' Medium/M Medium/M ' Medium -Hi h/MH TOTAL 1 2 3 4 5 6 7 8 i 13 14 IS 21 35.5 29.0 14.0 14.0 23.0 12.0 17.0 15.0 13.0 18.0 24..3 19.6 18.4 lO1S 354.3 115 80 87 92 144 150 81 316 1% 66 57 63 29 140 1,616 148 227 224 211 244 151 133 438 298 389 235 89 118 350 2,550 115 80 81 92 144 150 81 316 192 66 103 0 0 0 1,420 115 SO 81 92 144 150 70 0 0 66 0 0 0 0 798 115 80 58 75 103 126 8 316 316 0 0 40 0 1,113 83 g3 45 _ 128 f ff d bl Notes (I)Theactnafnumber F�ia2ws Units to be me Phase I1 Affordable Units to be Phase III Affordable Units to b Ca Provided b Income Cat o Provided b Income Cat o Total Certified Affordable Units Certification Date MOD -II LOW MOD -I MOD-11 i i i LOW MOD-1 MOD -II 20 i I 65 12 { 30 32 95 0 o a or a e housing units is 10% of the total units constructed within the SJHPC (Resolution 91-183, condition number 70) or a maximum of 255 units total. (2) Based on San Joaquin Hills PC StatisticalTable - First Revision. (3) Building Permits Issued or Units Under Construction are as of the date this summary was prepared. Annual Affordable Housing Summary Report Moderxe,IR.n.W.ka. 3m 30-]an; 1994Rdas =Renal Fee-;f,368All"mumYarly1 ome-,j55507A0 NewpatRSdacApaamena - ' Partaex Numbe Typo d 96 Rental Unit Unk. Unx Rate NOmb. 2 IICA LOS000 P35L P357 2 IICA 1,07S 00 P26q P359 17 IICA LISO00 P012 PON, POSL P074 P103 PIK P124 P124 P144 P154 P174 P194 P224 P242 P373 P38L P419 3 IICA L16400 P074 P111, P210 4 IICA L175.00 P024 P057, P093, FM 15 IICA 1.185.00 P034 P015, P06q P094 P117 P134 PU4 P154 PIKPI94 1?244 P365, P383, P391, P435 3 11CA 1,20n00 P054 P112, P403 I 11CA 1.21000 P046 I IICA 1,23S 00 Poll 1 IICA L26000 P066 1 IICA 1.26000 P077 I 11CB 1,325.00 P252 2 1106 1,2DOOo P224 P307 2 11CB L21000 P234 P411 2 11CB 1.22A00 P077, PI70 1 11CB 1,235.00 P427 4 11CB 1.254OO POOL POD6, POSL P086 I 11CB 1,260.00 P184 3 11CB 1.285.00 P065, P104, P202 3 11CB L31000 P024 P021, P085 2 IICC L3000O P344 P345 6 11CC L35QOO P095, P097. P123, 1?124 P212 P214 _ -------- -___-_______ I 22CE L15000 Pool 78 Taal Moderate I Parkaex Unka t WEkaCaPiade- t Number Typo j oC OC Rental Unk t Unka Uak Rate Numb. I 10 IICA I � 7 IICA 8 IICA I I 4 IICA I 5 IICA 9 11CA I I 7 IICA I � 2 IICA I IICA 1,15000 W114 W134 WI94 W21L W327 W38L W444 W474 W514 W520 1,164),00 W01; W03q WI02 1,175.00 W072 W124 W164 W244 W2S6 W394 W494 W492 1,18S.00 W335, W46L W52L W528 L204o0 W144 W214 WD4 W334 W508 1.211100 W054 WOK W166, W78L W259 W294 W304 W333, W416 1,23S 00 W074 W224 W304 W341,-W3SO W4Dq W428 1,26400 W024 W366 1,28L00 W446 -- 4 11CB 1200o0 W094 W284 W324 W468 3 I1CB 1.21000 W114 W124 W342 5 IICB 1.22300 W054 W184 W234, W374 W422 3 11CB 1,235.00 W294 W354 W482 3 I1CB 1,2S000 W004 W142 W202 7 UCB 1,26000 W064 W224 W244 WIN, W390 W434 W500 5 11CB 1,285 OD W024 WO8L WU4 W264 W454 3 11CB L31000 WO34 W174 W408 3 110C 1,350LOO W274 W364 W370 85 Taal Moderate I Wbae Cap LamUnks ModaxellReaalUoks Suo 30-BnL7995)Masimwm Rcna[Fm-SI,665AOIMarimum Ynr)pkrame-;d4608,00 NcvpatRidyeAprtmcat Packaa4t I WLk4CapLane N9wba type I NOmbee Type # at Rental Unk I of a Raaal Unk Unka tl x Rate Numb. I Unks Unit Rate Numb. 2 11CB 1,41800 P037, P038 1 13CC 1.40000 W278 2 1ICC L40000 PIN P121 I 20 22CD L45000 W014 WO62 WO64 W1O4 W112 -_-_-__ I WI54 W16Q W194 W204 W246 2 22CD 1,42S.00 P244 P254 W25q W294 W30L W334 W388 16 22M 1,45000 P017, PO14 P022, P024 P063 i W39A W434 W438, W484 W484 P06'4 P033, POe4 P09q PISO I 21 270D 1,48500 W024 W034 WOK W084 W126 P184 PM P234 P234 P407 I W13L W772 WI74 W214 W222 P413 I W264 W264 W314 W324 W344 10 22CD L48500 P033, P034 P039, P044 PON I W354 W404 W412, W454 W498 P10L P104 P194 P424 P429 I W502 3 22M 1.$1400 W04L W364 W452 4 22CE 1,45000 P347, P349, P353, P355 I ----- - I 22CE 1.475.00 P258 I 12 22CE L5000O WOOL W09L W ID0, W234 W298 9 22CE 1.501100 P054 P099, P144, P214 P224 I W323, W324 W424 W49 W472 P367, P37L P393, P401 I W514W512 10 22CE 1,51000 P074 P09L PIOS, P152 P162 I 8 22CE LSI000 W014 W03Z W114 W734 W329 P224 P244 P375, P379 P405 I W334 W514 WSIS 8 22CE L525.00 P064 PON P10L P114 P118 I 7 22CE 2,525.00 W054 W304 W184 W39 W332 PIA PIWPI74 I W37L W488 8 27CE 1,535.00 PI1L PN6, P36L P364 P385 I 6 22CE 1.53500 W24L W304 W35Z W44L W524 P389L P417, P421 I W526 7 22CE 1,$5400 POOL PM9, Polk P044 PO50 I 6 22CE 1,55400 W134 W144 W234 WM W380 POSA P092 I W506 8 22CE 1,56400 PON P107, P12Z P124 P148 1 9 22CE 1,56000 W074 W12L W19Z W194 W322 P174 PIK P433 I W344 W384 W464 W494 5 22CE L57500 P047, P074 PIIA P132 P136 I 4 22CE L57500 WO34 W044 W331, W418 3 22CE L58S 00 PI1L PUB, P196 I 10 22CE 1,585.00 W084 W154 W16L W204 W214 8 23CE L61400 P014 POTS, 1?024 P027, P054 I W254 W260L W29L W337, W476 P054 POS9. P208 I 11 22CE L61000 W024 W054 W164 W184 W226 W27L W314 W339, W364 W396 2 22CF 1,52S.00 MCI P2S6 I W402 5 22CF 1,60000 P17Z P214 P222, P394 P399 1 4 22CE L66000 WW W074 W414. W430 6 23CF 1.61400 P014 P019, P234 P234 POP I-------- --------------- P415 I 8 22CF 1.60000 W094 W094 W2% W324 W330 2 22CF 1,62S.00 P074 P074 I W424 W464 W470 3 22CF L635.00 PI84 P425, P431 I 7 27CF L61000 W02L W104-W114 W124 W130 7 22CF 1,65400 POOL PW4, P007, PM P053 I W344 W346 P08L P088 I 9 22CF L625 OD WOSL W184 WM W23Z W236 2 22CF L66n00 PI82 P206 I W28L W374 W374'W420 6 22CF L63500 W304 W3S4 W364 W44q W478 I W486 I 8 22CF 1,65400 W004 W044 WI44 W144 WI58 I W20q W204 W312 I 12 22CF 1,66n0O W064 W214 Wa4 W244 W252 i W314 W384 W392. W437, W4S8 I W494 W504 130 Taal Moderate 11 Parkaeat Una. I 172 Taal Moderate 11 WluttCapLaneUnks 10 Taal Moderate l Unas Newport Ridge Apanmens I 3M Taal Moderate 11 Unk. Newport Ridge Apartmerb 4 ►.— .. Y. r F- a ).. . ► i 1 I 1 • i `- i . i I 7 9 IRVIML _ M L VL HUD Section 8 1 THE PARKLANDS 1 Monroe #11 (714) 651-0468 2 NORTHWOOD PARK 146 Roosevelt (714) 552-0177 3 NORTHWOOD PLACE 1300 Hayes Street (714) 857-4100 4 WINDWOOD GLEN 97 Hearthstone (714)551-157 5 WINDWOOD KNOLL 2 Flagstone #121 V14) 551-3258 6 DEERFIELD 3 Bearpaw (714) 559-5000 7 ORCHARD PARK 50 Tarocco #301 (714) 651-0200 8 SAN MATEO 100 Canlana Aisle (714) 250-3331 9 SAN PAULO 100 Duranzo (714)756-0123 10 SAN LEON VILLA 1 San Lean (714) 863-7050 11 SAN REMO VILLA 1011 San Remo (714) 474-5056 12 SAN MARCO VILLA 101 Veneto V14) 975-188B 13 SAN MARINO VILLA 403 San Marino (774) 553-1662 14 SAN CARLO VILLA 15 Munca Aisle (774) 833-7540 16 WOODBRIDGE CROSS CREEK 22 Creek Road fU V14) 733-0414 17 WOODBRIDGE CEDAR CREEK 5051 Alton Pk #10 (714) 733-0404 18 WOODBRIDGE OAKS 1 Knollglen (714)786-7154 19 WOODBRIDGE WILLOWS 344 Knollglen (714) 857-0383 20 WOODBRIDGE VILLAS 10 Thunder Run #30 (714) 786-5110 21 PARK WEST 3883 Parkwew Lane V14) 786-9204 24 TURTLE ROCK CANYON 100 Slonecliff Aisle (714) 854-8989 26 COLUMBIA COURT 89-203 Exeter (714) 854-3656 27 HARVARD COURT 146 Berkeley Avenue V14) 854-4942 29 DARTMOUTH COURT 1100 Stanford Avenue (714) 854-2417 30 STANFORD COURT 400 Stanford Avenue (714) 854-3288 31 BERKELEY COURT 307 Berkeley Avenue (714) 854-3656 32 CORNELL COURT 105 Cornell Avenue V14) 854-4942 NEWPORTBEACH 35 BAYWOOD 1 Baywood Drive (714) 644-5555 36 NEWPORT NORTH 2 Maano (714) 720-8765 37 NEWPORT RIDGE 1 White Cap Lane (714) 640-2800 39 RANCHO ALISAL 13800 Parkcenter #100 (714) 838-8300 40 RANCHO TIERRA 13202 Myford #101 (714)730-5868 41 RANCHO MADERAS 13408 Heritage Way (714) 730-3700 (M) Moderate (L) Low (VL) Very Low HUD Section 8 mns 9e1 ^- rom!q wyP% MT rl P;""%4'3 P"1N>meinlx»uant, •6S0£•9£0 (bIL) 10 VH)0 polum'Alddo of •tual6ald laymoA 6ulsno0 ayl pun tum6oad alml)psa) ayl 6utpnpul'sallnuol autorw mol Am 6uyslsso to pawm aso loyl OO}I Ag pazy1sgns sww6md oml sialslulwpo Aluoylny 6ulsno0 Aluno) a6ump atu :9 HOIDIS 0ON •inol to Alnuol o iol .OSSUS Alluanru sl Alllonb of awalul wnwlxow sluawpodo )VI Ilo to salm lolual lsamol ey1 iallo Allmaua6 sluawpodo paztplsgns OOH:sjuarujrudV anH* •sployasnoq awalul mol Aran 101 swr6ald amyl vallo (ORR) luawdolmo uogs0 pun 6ulsnoN to luawpodog •S-0 aqj :SmMobd g30NOf OR awl w epwd is 1 J •.055'6ZS paasxa Apuanm lou Am awomi pjogasnoy lonuuy •lsp 6uyiom o no awou laq to siq In -ol envy uallo Aow luaplsaz anipadsad ayl pun poliwil Alae aio ww6osd sup ul shun to Apllgopony •saim laliotu Im1dAl molaq Allolluoisgns aau sluab J-A* •wwfio,d 6unuoml puoq elgoallddo oql no 6wpuodap'.OBZ'LbS of 960'EES wozl sa6um Apuaim) Alilonb of owomi plogosnoy wnwlxow •yluow gad OSS of OES AgAOonsn 'salm laslrow lmldAl molaq oio sluab :awwul mol* •,016'OLS 01 LOS'SSS wall sa6um Alluanm'poddns pllga jo s6ulnos wall lsalalul 6ulpnpul'awalw plogosnoq lonuuo wnwlxow ayl •gluow zed OSS of 0IS Aq Allonsn'aloi larlmw 6106 aql molaq paloas AllmldAl alo Shia) XWOMI al'ofapopy* :Smva9ond GIMMIJAH09 •sauolslq IolzuouO pun yuawAoldwa'asuap!saa llwgnsol po mbaz aq RvA slualllddy -hays slgl to spoq all no palsll salpadoid luawpoda )VI 8111 to san)lo 6ulsoal ay{ to Ann to alinbul Am noA'6ulsnoll lolua8 algoplojly jol Algonb noA lou in jaglagm oupolop of wilub 00A oa pjogasnoq jo azrs'sasw awos w'pun jaeaj awomi uo luafiwlum am swo,►Bad asaql Ajgonb oqm asogl jo sluai aql ampaa of japao w lgxe swurfiold 6ujsnoq jolua► ajgopsojju AuPW Many affordable rental housing programs exist in order to reduce the rents of those who qualify. These programs are contingent on income level and, in some cases, size of household. DO YOU QUALIFY? To determine whether or not you qualify for Affordable Rental Housing, you may inquire at any of ilia leasing offices of the IA( apartment properties listed on Ilia back of this sheet. Applicants will be required to submit residence, employment, and financial histories. BOND-FINAN(ED PROGRAMS: *Moderate Income: Rents are typically scaled below Ilia going market rate, usually by $10 to $30 per month. The maximum annual household income, including interest from savings or child support, currently ranges from $55,507 to $70,920*. *Low Income: Rents are below typical market rates, usually by $30 to $50 per month. Maximum household income to qualify currently ranges from $33,096 to $47,280', depending on the applicable bond financing program. *Very Low Income: Rents are substantially below typical market rates. Availability of units in this program are very limited and the prospective resident may often have to put his or her name on a waiting list. Annual household income may not currently exceed $29,550*. UP TO $70,920 UP TO $47,280 UP TO $29,550 UP TO $30 UP TO $50 SUBSTANTIALLY BELOW TYPICAL MARKET RATES San Marino to Irvine - 4dw .,� HUD FUNDED PROGRAMS: The U.S. Department of Housing and Urban Development (HUD) offers three programs for very low income households. *HUD Apartments: HUD subsidized apartments generally offer the lowest rental rates of all IA( apartments. Maximum income to qualify is currently $29,550' for a family of four. HUD SE(TION 8: The Orange (ounly Housing Authority administers two programs subsidized by HUD that are aimed at assisting very low income families, including the Certificate Program and the {lousing Voucher Program. To apply, contact O(HA at (714) 836-3054. 'Income rcquuemeNt onJ pri<g suhieU la �hmgevnlhoul noeu L]o�.. 80 NEWPORT COAST ond COASTAL LIVING AVAILABLE ON THE RIDGE 1i14_\1 1/ Luxurious Brand New 1 & 2 Bedroom Apartment Hones Newport Ridge Apartment Homes. Tbeonly apartment collunuvity located in the prestigious Newport Coast. Away frontit all, set bib above the city, et minutes awa rout I � yy yI Pelican Hills Golf Course, the beach, fine dining and shopping. Experience Newport Coast living. AVAILABLE FOR IMMEDIATE OCCUPANCY I Bedrooms from $1 150 • 2 Bedrooms from $1395 t,. r In -Home Alarm Systems r In -Home Full -Size Washer/Dryer r State -of -the -Art Fitness Center 'e Private Enclosed Garages a Refrigerators Included 2 Clubhouse a Built -In Microwave V Dramatic 9-Foot Ceilings V Gas Fireplaces V Cats Welcome t� NEWP0R1 BIDG� �r.� nnv�crn ��� g • • l r A A T Y E X T H a Y F 5 l II'/bite Cap Lane • Areuport Cmml; Cal{/iu'nia 714.640.2800 PlrnmmenYrn RvRm,dln,Andni Some apartments meet the orange County moderate I rent level ]CtiLS( tint .�`C� . , : a ; tr ,,� =,R�t• ` .. e;" i'�' �'�f / RI/NEAMRiMWCaJ&NilE!i Nlo1LPR. FTiA.N O/a6.n OF'LIVCN ry,, i 1.. +w� «� .y "tV6�A�wv�'%.UR . it .v+�.+AlalMr. ..t!?r�X. ,N,n.rc rat. �.•.. ..a.1:'. .'ll1 COASTAL LIvING AVAILABLE ON THE RIDGE .Veapurt Rude Apartment lh(mes. IN only apart- mmni rommanuy in the preetgune. Newport Coast. 4n.ay fr„m it all, vn high it I, the ray, yet min. are, aaay from I'ahran Hills Gulf Count, the beurh, Jinn dmrng and shopfnng. Axpnnence .C,oj,art t7,ast /.(ring. MODELS NOW OPEN! 1 O,dm..m. front SI BO • o Ildr,uans Ernm S1395 11VAlIA11I.H GUII 1hI91F'U111Ttt OCCUPANCY ♦ Ill [,,Fite ,[Mann Sys((•ms ♦ III-[ lomc Pull -Size Washerllrycr ♦ Stile -of lhnArt Fimess Center ♦ I'li'alr FnJosod Caroms ♦ RvGinrrators Int luded ♦Clubhouse ♦ Ilndt-IFi \lit row.Fw ♦Ilrarnmi(. 9-Foot Ceilings ♦Gas Fireplaces ♦Cats W(korne NEWPORT RIDGE F R d R I 0 E N I R 0 N E S I White Cap Lane, • Neruparl Cnast, California 714.640.2800 St—apanm.no mm Uu 0. ,, Qa ni bfekw. Ina Gar[ In 1 V Advertising SupplemonV ho Orange County Register IN) Thursday, Sept. 28 to weanesday. UCL 4, 198S A HIGHER STANDARD OF LIVING a DISCOVER THE ONLY APARTMENT COMMMTY LOCATED IN PRESTIGIOUS NEWFORT COAST. ELEGANTLY APPOINTED APARTMENTS NESTLED BETWEEN NEWPORT AND FASHION ISLAND. s BREATHTAKING VIEWS *MILLION DOLLAR CLUBHOUSE s BILLIARD ROOM *RESIDENT CONFERENCE ROOM & LIBRARY a POOLS & SPAS a TENNIS COURTS s SPACIOUS FLOORPLANS 9GOURMETKITCHEN • WCODBURNING FIREPLACE a DRAMATIC CEILING a PRIVATE PATIO s WALK TO BALBOA ISLAND I• .1M4 •MI ,f+ /; 111,1, •,• �o 1 llE,fiCIRC..!!EP *BRAND NEW e GATED NEIGHBORHOOD o PRIVATE INDIVIDUAL ENCLOSED GARAGES s GOURMET KITCHEN WITH GAS COOKING, EUROPEAN CABINETRY, BUILT-IN MICROWAVE OVEN & REFRIGERATOR INCLUDED 3 MULTIPLE PHONE/FAX/MODEM LINES 4 FIREPLACES (SELECT HOMES) a DRAMATIC 9-FOOT CEILINGS o LARGE CAPACITY WASHER AND DRYER INCLUDED o PRIVATE MEDITERRANEAN� PATIO m OLYMPIC-SIZED POOL s HEALTH CLUB -QUALITY FITNESS CENTER m MINUTES FROM PELICAN HILLS GOLF COURSE, FASHION ISLAND AND THE BEACH Some apartments most the Orange Courrly Moderate 1 rent level. ' .'devi t,• yv` MM1y ;447-p.. �f. In <{ .,CORPORATE SUITES AVAIL'ABEE,�:1; ; ;'I ,,' 16. DI FFERENCE SPECTACULAR. Tie only brand new apartment community ncw�-y located within the prestigious WCSTPARK• Newport Coast. Jost minutes from the fine dining and 1� shopping you would expect tram _ Stylish, now apartment Lome% with a Newport Beach address. every option included. f �nd the .04 (♦\ i -t o \ hest value in Irvine, tool • Cldssic ARCHnECTURAL STILE DRAMATIC L Py,1-)AY(1?ORj? • ELEGA.Ni YSCENIC ArTO1NTEDRROOMS r[� BRIGHT GOURMET KITCHENS 1 - Individual washer/Qryer r" • LARGE CATACITY WASHER / DRYER • DESIGNER ACCENT REFRIGERATOR - Private garage with remote • MULTIr1E PHONE. FAX -IntTAllian alarm, fITBpIACe, m11I,,CTODIAVe MODEM LINES • RESORT STILE SrA & POOL - Dramatic 9 foot ceilings • PRIVATE ENTRY PATIO / GATED - L,laoded, pa -like setting • III -TECH CLUBHOUSE & -A ENTERTAINMENT CENTER _ PiVe fantastic f IOOrplons from $905 • STATE-OF-TIIE-ART FITNESS CENTER • GARAGES Conrom ED ACCESS • I & 2 IM11. FLOORTLANS Come home to a f foAlle luxury. FROM SIISD - Off $arranca, Tast west of Culver IL WAJ R •7LANE across from Crossroads Center) NEWPOR w40� M M e- ,(\'T;3j:1�/� �RQA S A P A A T X E 1 WHITE NEWPORT�;/;-•, ; o"LJ;w;�b•� £ +,�,, .. .. 714 640 2800 5 5 2 -4800 Son apm:nts mtt at Omit (MI sl Ann I Yet Im1 - •. Bl ANDW �� 1 -vog IOUs Inumon alarm systems Pnvalega:cge&remote nl Scans and Ietis courts Gourmet Uchens Fitness center Sa s Gels wEkome - Resident business cente Resocnsrve mgmt. team Washer/dryer & retnge alor and so much mere $940 '/ i00 Y3�TI91ve...l+s�avagani..PLegani.. - New. e:ecativeresidences �Vvlx it even imaginable f eaiure and amenIN a a private, gated7e�nclave. Fmm $920 C., iij, a!9TTrnt Wjacent to 11arvard Place Center) 251-1515 DRMATION HOTLINE 1=800-IAC-S115 A• One of the world's most. prestigious addresses. Shopping ac Fashion Island ... sailing in Newport Harbor ... golfing at Pelican Hill ... dining at any number of fine restaurants... strolling miles of sandy beaches... watching the sunset over the Pacific... and close to your office. Newport Beach... `the good life" More Great Newport Beach Communities YES! I'm interested in E c this property! V LZ — N c e E i 1.New ort Ridee(New)• 640.2800 1150 1395 2.Bmwiew 644.5555 1115 1345 3.Bayport 644.5555 905 1115 4.11avwood 644.5555 945 1000 1345 5.New art North 720.81 5 895 1015 1445 6.Promontory Point 675•B000 1315 1500 7.MarinerS Square 645.0252 97s 1110 1240 Marty have A/C, pool/spa and most accept pets. Many have a fitness center. Paces subject to change wlthaut notice. "sorne apartments tracer the O.C. Moderate I rent level BEACHINEWPORT COAST a NEWPORT RIDGE APARTMENT HOMES 1 White Cap Lane Newport Coast, California 92657 COASTAL LIVING NOW AVAILABLE ON THE RIDGE. The brand new Newport Ridge Apartment Homes, the only apartment community located in the prestigious Newport Coast area. This exqulsiteiydesigned gated community offers you the opportunity to live like you've always dreamed. Gorgeous one and two bedroom apartment homes with breath -taking views of city lights. You have It all ... from this superb Newport Beach address. Set amidst beautiful parks and wide open hillsides, Newport Ridge is ideally situated near the beach. Pelican HIII Golf Course and Fashion Island. Experience Newport Coast living at its finest. FEATURES: • Classic Architectural Style • Phone, fax & modem lines • Dramatic Scenic Views • Resort Style Spa & Pool • Elegantly Appointed Rooms • Private Entry Patio • Bright Gourmet Kitchens • Clubhouse & Entertainment Ctr • Large Capacity Washer/Dryer • State -of -the -Art Fitness Ctr • Designer Accent Refrigerator • Garages/Controlled Access PREVIOUSFOR MORE •COMMUNITIES Gorgeous 1 & 2 bedroom apartment homes Starting from S1150 DIRECTIONS: Exit 73 Fwy. at MacArthur Blvd. Turn left. Fallow MacArthur to San Joaquin Hills Rd. and turn left. Follow to Newport Ridge Drive and turn left. At 1st entrance turn left to leasing office. From 405 fwy. exit Jamboree Rd. South. Follow to San Joaquin Hills Rd. and turn left. Continue with Newport Ridge Dr. directions above. (714) 640-2800 11/A\Qy V 22692 IRVINE APARTMENT COMMUNITIES SARES•REGIS Group' u Aa-iC.a M=OMD G'tMW l{e m•nlerlo MSM1e best. •-•, , APARTMENTGUIDE BE Copyright Haas Publishing Co„ Inc. WW q 4• ,n... b*'.w `4+ 61ww^M Y_« e i .la + b 4/21195 aAk IRVINE APARTMENT COMMUNITIES Flowchart: 1995 Print Media Recommendation RUM Laf i [Lick pagc.4/c-66X) on MENEM so NONE IRVINE WORLD NEWS XN mill Wick -up in Weekender) (4X) Lease -up Communities ad trvine Apt Communities ad •PR NIC. i NEWPORT RIDGE PLANNED COMMUNITY Planned Community Program County of Orange CALIFORNIA Prepared for THE IRVINE COMPANY by FORMA Adopted by Orange County Board of Supervisors March 1998 TABLE OF CONTENTS Chanter Tltle Popp 1. PURPOSE AND OBJECTIVES ................................... 1-1 II. GENERAL REGULATIONS ..................................... II -I M. RESIDENTIAL USE REGULATIONS/ DEVELOPMENT STANDARDS .............................. III-1 IV. RECREATION USE REGULATIONS/ DEVELOPMENT STANDARDS .............................. IV-1 V. COMMERCIAL VILLAGE USE REGULATIONS/ DEVELOPMENT STANDARDS ............................... V-1 VI. SERVICE STATION SITE REGULATIONS/ DEVELOPMENT STANDARDS .............................. VI-1 VII. COMMUNITY FACILITY USE REGULATIONS/ DEVELOPMENT STANDARDS .............................. VII-1 VIII. OFF-STREET PARKING REGULATIONS ......................... VIII-I IX. SIGN REGULATIONS ........................................ IX-1 X. PERMIT REGULATIONS AND PROCEDURES ........................ X-1 M. DEVELOPMENT MAP AND STATISTICAL TABLE REGULATIONS AND PROCEDURES .......................... XI -I XII. DEFINITIONS.............................................XII-1 XM, LEGAL DESCRIPTION ...................................... XM-I APPENDICES: A. PLANNED COMMUNITY ZONING MAP AND STATISTICAL SUMMARY ........................... A-1 B. PLANNED COMMUNITY DEVELOPMENT MAP AND STATISTICAL TABLE .............................. B-1 C. CONCEPTUAL LANDSCAPE AND FUEL MODIFICATION PLAN ........................ C-1 NRPC Program March 1995 i TocwTn 11 is 0 A. PURPOSE The purpose of this Planned Community Program is to provide appropriate Zoning District Regulations for the Newport Ridge Planned Community. These regulations implement the spirit and intent of the PC "Planned Community" District Regulations, Section 7-9-103 of the Orange County Zoning Code, and the County's Planned Community Manual, to be responsive to long-term community needs and desires, and to function without unnecessary, time-consuming or costly amendments and review procedures. This Planned Community (PC) Program consists of: (1) Text (Chapters I-XIM; (2) PC Zoning Map and Statistical Summary (Appendix A); (3) PC Development Map and Statistical Table (Appendix B); and (4) Conceptual Landscape and Fuel Modification PIan (Appendix Q. The PC Program identifies the general locations and types of land uses, defines standards for development, and provides for innovative community design concepts and site planning, consistent with orderly development of a mixed use community and protection of sensitive and natural resources. Site Development Permit and Use Permit procedures are established to accomplish the objective of providing a logical and timely sequence of community review and government approval of detailed project development proposals. B. RELATIONSHIP TO THE NEWPORT COAST PLANNED COMMUNITY The 645-acre Newport Ridge Planned Community (NRPC) is adjacent to and northwest of the larger 9,493-acre Newport Coast Planned Community (NCPC). The NRPC shares a 2.7 mile boundary with the Newport Coast Planned Community. Approximately 7,000 feet of this boundary adjoins Buck Gully, a major Special Use Open Space Dedication/Recreation Area within the Newport Coast PC. The Newport Coast PC portion of Buck Gully contains 203 acres that has been offered for public open space/recreation dedication to the County of Orange. Dedication of the remaining 54-acre portion of Buck Gully within the Newport Ridge Planned Community, indicated as Planning Areas 17 and 18 on the Planned Community Development Map, will bring the total open space dedication of Buck Gully to approximately 257 acres. NRPC Program March J998 I-1 M-PCP.wen Total public dedications within the combined Newport Ridge and Newport Coast Planned Communities will total 3,866 acres of Special Use and Wilderness Open Space. An additional 2,807 acres is contained in Crystal Cove State Park, also within The Newport Coast Planned Community. The Newport Ridge Planned Community and The Newport Coast Planned Community are separate and distinct areas in terms of zoning and land use regulation. Land use projects will be separately implemented in each PC pursuant to each Planned Community's own "Permit Regulations and Procedures" and "PC Development Map and Statistical Table Regulations and Procedures" contained, respectively, in each PC's Planned Community Text. Each Planned Community is and will remain separate, in terms of computing and accounting for Planning Area acreage, permitted units, and maximum allowable densities. Separate Planning Applications will be made for CoasW/Site Development Permits and/or Use Permits, and such applications will be subject to separate discretionary actions and conditions of approval by the Planning Commission or other approving entity within the County. Although distinct from a regulatory and zoning perspective, physical land planning and design components such as roads, open space areas, and ownerships for development projects within NRPC Planning Areas 12, 13, 14, and 15 may cross over the common boundary shared between The Newport Coast Planning Areas 2C and 8. In order to provide one consistent and comprehensive set of permitted uses and site development standards, Residential Planning Areas 13, 14, and 15 within the NRPC are Identified in this NRPC Program by the M(NC) and MH(NC) designations, where "NC" denotes "Newport Coast" regulations. For these Planning Areas, the PC District Regulations for PA 8 and 2C within the Newport Coast have been incorporated into Chapter III-D of this NRPC Program. Although separate, Site Development Permits, Coastal Development Permits, and/or Use Permits for development projects that include Planning Areas from both Planned Communities may be analyzed by one environmental document (e.g., EIR) and processed concurrently with a coordinated setof Planning Applications. NRPC Program March 1998 I-2 �vVld 0 C. IMPLEMENTATION PLANS AND PROGRAMS A Resource Management Plan, Local Park Implementation Plan, and Open Space Dedication Program are required in addition to the regulations contained in this NRPC Program and shall include development policies, guidelines, and standards consistent with the goals, objectives, and guidelines of the Orange County General Plan. These plans and programs shall be submitted to and approved by the County pursuant to Orange County Zoning Code Section 7-9-150, "Discretionary Permits and Procedures," prior to the first Site Development Permit or Use Permit, or prior to recordation of the first final development Tract Map for residential or commercial uses, whichever comes first, as indicated below: 1. Resource Management Plan fRMP) — shall identify significant resources and establish programs focused on the preservation, conservation, mitigation, and monitoring of those resources. 2. Local Park Implementation Plan (PI,PP) — shall identify requirements and locations for local park sites and recreation areas, and include an implementation program. 3. Open Space Dedication Program — shall describe the transfer of ownership and maintenance of Recreation Planning Areas 17 and 18 to the County of Orange. The above plans and programs shall provide standards for Residential, Commercial Village, and Recreation Planning Areas, as well as guidelines for implementing the General Plan and this PC Program. In addition, as outlined in Chapter II-C, a Conceptual Landscape and Fuel Modification Plan is provided as Appendix C to this Planned Community Program. Because of the information contained within, and the subsequent implementation plans and programs required by this Planned Community Program, neither a Feature Plan nor an Area Plan shall be required for the Newport Ridge Planned Community. NRPC Program CHAPTER H 'GENERAL, REGULATIONS ' A. GENERAL PROVISIONS 1. Definition of Terms The meaning and construction of words, phrases, titles, and terms used in this Planned Community Program shall be the same as provided in Orange County Zoning Code Section 7-9-21, "Definitions," except as otherwise specifically provided herein (see Chapter Xll, Definitions). 2. General Plan Consistency, The Newport Ridge Planned Community Program is consistent with all elements of the Orange County General Plan. 3. Zoning Code Consistency 0 This PC Program regulates all development within Newport Ridge Planned Community. In cases where sufficient direction for interpretation of these regulations is not explicit in this text, the Orange County Zoning Code shall provide direction, as determined by the County Planning Director. In case of difference between.this PC Program and the Orange County Zoning Code, the Zoning Code shall prevail. 4. Buildfntr and Construction Codes Consistency All construction and development within the Planned Community shall comply with applicable provisions of the Uniform Building Code and the various related Mechanical, Electrical, and Plumbing Codes, the Grading and Excavation Code, the Subdivision Code, and Sign Code as currently adopted by the Board of Supervisors. In case of a conflict between the specific provisions of the codes identified above and the provisions of these regulations, the provisions of those codes shall prevail. NVC Program March 19" tt-1 n•xe rod 0 5. Building Sites All building sites shall comply with the provisions of the Orange County Zoning Code Section 7-9-126, "Building Site Requirements". 6. Building Height The building height requirements shall be as specified by each land use district of this PC Program, subject to the methods used for measuring building height set forth in the Orange County Zoning Code except that, for architectural consistency, in NRPC Planning Areas 13, 14 and 15 which adjoin Newport Coast PC Planning Areas 8 and 2C, the methods used for measuring building height shall conform with The Newport Coast Planned Conummity District Regulations. 7. Building Setbacks The building setback requirements shall be as specified by each land use district of this PC Program except that interior property lines contiguous with The Newport Coast Planned Community may have up to a zero setback requirement if approved as an Alternative Development Standard as part of an approved Site Development Permit or Use Permit. 8. Off -Street Parking The provisions of Orange County Zoning Code Section 7-9-145, "Off -Street Parking Regulations," shall apply to this Planned Community, except as otherwise specified in Chapter VIII. 9. Annual Monitoring Report An Annual Monitoring Report (AMR) shall be prepared and submitted each year to the County Administrative Office and the Planning and Development Services Department. Submittal of an AMR is required for conformance with the Growth NRPC Program March 1998 11-2 W-=.wca Management Program of the Land Use Element of the Orange County General Plan and the County's Annual Development Monitoring Program. The Board of Supervisors, in the annual adoption of the Development Monitoring Program, may identify a significant imbalance between development projections and planted infrastructure or in the proportionate development of residential, commercial and employment land -uses, The Board of Supervisors may then defer subdivision approval within the Planned Community until approaches capable of resolving the Imbalances are proposed to, and approved by, the Board of Supervisors. The AMR will be the project proponent's opportunity to demonstrate mitigation measures and implementation strategies which will ensure adequate infrastructure for the community. 10. Application of Regulations If an issue, condition or situation arises that is not sufficiently covered or provided for in this PC Program so as to be clearly understandable, the County Planning Director shall determine which regulations are applicable, as authorized by Orange County Zoning Code Section 7-9-20 (c) "Indeterminate applicability". Those regulations of the Zoning Code that are applicable for the most similar use, issue, condition or situation shall be used by the County Planning Director, as guidelines to resolve the unclear issue, condition, or situation. 11. Incorporation of Conditions, Requirements and Standards All conditions, requirements and standards, indicated graphically or Lin writing as part of any approved discretionary permit or detail plan granted by authority of those regulations, shall have the same force and effect as these regulations. Any use or development established as a result of such approved permit or plan, but not In compliance with all such conditions, requirements or standards shall be in violation of this PC Program. The enforcement provisions of Orange County Zoning Code Sections 7-9-154, "Enforcement provisions", are applicable to this PC Program. NRPC Program AZA. h 10ao 11_1 .www wM 12. Board Declaration/SeverabUity If any portion of these regulations is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions of this PC Program. The Board of Supervisors hereby declares that they would have enacted these regulations and each portion of this PC Program irrespective of the fact that one or more portions may be declared invalid or ineffective. B. SPECIAL PROVISIONS 1. Maximum Dwelling�YJnits A maximum of 2,550 dwelling units may be built in the Newport Ridge Planned Community. No Placating Area which allows for residential uses shall exceed the maximum number of dwelling units indicated for the Planning Area in that Planned Community Statistical Table. 2. Planning Area Density a. The dwelling unit density permitted in any Residential Planning Area, as designated on the Planned Community Development Map and Statistical Table of the Newport Ridge Planned Community, shall apply to the overall Planning Area, not to any particular division of that area. b. Computation of density shall be based on gross acreages. 3. Pluming Area Boundaries a. Except as otherwise indicated, dimensions and gross acreages are measured from centerlines of streets and highways. 0 NRPC Program b. When a Planning Area boundary depicted on the PC Development Map Is also an arterial highway, and the arterial highway is realigned, the Planning Area boundary may be revised to coincide with the realigned highway. C. Planning Area boundaries and acreages contained in this PC Program are approximate based upon current information and a generalized level of mapping. Final Planning Area boundaries shalt be established by the Site Development/Use Permit and/or Tentative/Final Tract Map approval. d. Commercial, nonresidential, and residential uses and areas, to be located at intersections of streets and/or highways shall conform with final street and/or highway alignments without requiring an amendment to this PC Program. C. Adjustments in Planning Area boundaries shalt be in compliance with Chapter Xl. 4. #1ood Control The property owner/builder shall fund, through special assessment districts and/or community facilities districts, and construct all on -site flood control facilities in a manner meeting the approval of the County Planting Director. S. Schools The Developer shall pay school development fees to the Newport Mesa Unified School District (NMUSD) based on residential units and commercial square footage upon issuance of building permits or, upon mutual agreement by NMUSD and the Developer, shall provide an alternative financing mechanism to help alleviate the impacts of students generated by the project. An elementary school site shall be reserved for acquisition by the NMUSD. The + site shall be six (6) to ten (10) acres, depending upon the feasibility of joint -use NRPC Pro8rom March 1998 11.5 &'DW WW with adjacent park land. The site shall be designated as a Medium -high (NC) Density Residential Planning Area to allow residential development should the reserved school site not be acquired by NMUSD in accordance with the School Facilities and Funding Agreement which references requirements for the timing of acquisition. 6. Implementation Plans and Programs Development within the Newport Ridge Planned Community shall comply with the County -approved Implementation Plans and Programs required by Chapter I-C (Purpose and Objectives): a. Resource Management Plan (RMP); b. Local Park Implementation Program (PIP); and C. Open Space Dedication Program. 7. Local Parks Local park sites shall be provided in accordance with the provisions of the Orange County Local Park Code as outlined in the Local Park Implementation Plan for the Planned Community and consistent with the Orange County Recreation Element's "Master Plan of Local Parks". S. Open Space, Private/Public Certain areas within the Planned Community, although privately owned and fenced, may be designated as open space. These areas, through the use of deed restrictions or similar techniques, shall limit development to preserve the open space character. NRPC Program March 1998 TT.(, 9. Housing Element Compliance Residential development within the Newport Ridge Planned Community shall comply with the Orange County Housing Element. Residential development areas within the Newport Ridge Planned Community may be designated for affordable housing to satisfy the affordable housing requirements for The Newport Coast Planned Community. 10. Water Conservation Landscaping for common areas of. a) Multifamily projects of five or more units; b) Residential planned developments (common areas only), and c) Commercial/Office projects involving landscapinglirrigation of more than one cumulative acre shalt be subject to the Water Conservation Regulations contained in Orange County Zoning Code Section 7-9-132.2, "Landscaping% including the Resolution of Water Conservation Criteria as approved by the Orange County Board of Supervisors. 11. Grading Grading plans for all projects in the Newport Ridge Planned Community shall be consistent with the Orange County Grading and Excavation Code and Orange County Zoning Code Section 7-9-139, "Grading and Excavation," with the following additional provisions: A. Grading Plans shall be accompanied by geological and soils engineering reports approved by the Manager, Orange County Planning and Development Services, and shall incorporate all pertinent recommendations prior to issuance of Grading Permits. The soils engineer/engineering geologist must certify the suitability of a graded site prior to clearance for issuance of Building Permits. 0 NRPC Program March 1998 11-7 ff-mmo b. An approved Grading Plan shall show all areas of grading. including remedial grading, inside and outside of an immediate area of development. Grading shall be permitted within development and open space Planning Areas of the Planned Community, outside of an area of immediate Planning Area development, for the grading of public roads, highways, park facilities, infrastructure, and other development -related improvements. Remedial grading for development shall also be permitted in development and open space Planning Areas outside of an area of immediate development to address geotechnical or soils engineering problems. 12. Archaeological and Paleontological Resources Prior to or concurrent with the approval of a Tentative Subdivision Map, except.a map for financial or conveyance purposes, mitigation programs for archaeological and paleontological resources established in accordance with the Board of . Supervisors' Archaeological/Paleontological Policies shall be submitted to and approved by the Manager, Orange County Planning and Development Services - Harbors, Beaches and Parks/Program Management and Coordination. 13. Development/Open Space Boundary A Site Development Permit, Use Permit, and/or Tentative Subdivision Map abutting a natural open space Planning Area shall provide for the following, either on the permit/map or an appropriate supplemental graphic or text: a. Urban Edge Treatment, describing the interface treatment area between development and open space uses in a manner consistent with the Conceptual Landscape and Fuel Modification Plan contained in Appendix C; and b. Fire Protection Edge Treatment, including any fuel breaks or fuel modification zones, in a manner consistent with the Conceptual Landscape and Fuel Modification Plan contained in Appendix C and the Orange County Fire Protection Planning Task Force Report. NRPC Program March 1998 II-8+ 14. Public Utilities is Public utility buildings, structures and facilities including, but not limited to, electrical, water, sewage, telephone and television, and their storage, distribution, treatment and/or production required to carry out development are permitted in all Residential, Cortunercial, and Recreational Planning Areas subject to a Site Development Permit approved pursuant to Orange County Zoning Code Section 7- 9-150, "Discretionary Permits and Procedures". 15. Roads San Joaquin Hills Road construction plans have been approved in conjunction with The Newport Coast Planned Community. Collector and local street consttuctida within the Newport Ridge Planned Community shall be in accordance with Orange County design standards, except that deviations may be proposed in conjunction with Tentative Subdivision Maps. 16. Scenic Highway 0 A Scenic Highway Implementation Plan for San Joaquin Hills Road Landscape Corridor has been approved in conjunction with The Newport Coast Planned Community and will be implemented in an interim and ultimate configuration according to this Plan, 17. Fin Station A site for a fire station shall be provided within the Newport Ridge Planned Community, as required by The Irvine (Newport) Coast Development Agreement (DA 87-I6), Development Agreement — First Amendment (DA 96-03) and Implementation Agreement adopted by the Orange County Board of Supervisors. The fire station shall be constructed in accordance with an approved Site Development Permit. NRPCPrograx Mereh 199R tt.0 a .wud 0 18. Interim Land Uses The following interim uses are permitted in all undeveloped Planning Areas of the Newport Ridge Planned Community: a. All uses permitted by and processed per the AI "General Agricultural" District Regulations, Section 7-9-55 of the Orange County Zoning Code. b. Counry-approved fuel modification programs required for public health, safety, and welfare. C. County -approved archaeological and paleontological study sites. d. County -approved landfill monitoring and mitigation program facilities. e. County -approved borrow, stockpile, and/or disposal sites and related construction/grading facilities except in the proposed Buck Gully Open Space Dedication Area. NRPC Program Marrh IM MIA C. CONCEPTUAL LANDSCAPE AND FUEL MODIFICATION PLAN 0 A community -level Conceptual Landscape and Fuel Modification Plan (Appendix C) provides general guidelines for implementing subsequent and more precise Site Development Permits, Use Permits, and Subdivision Maps to ensure consistency with this PC Program. Following adoption of this PC Program, the County Planning Director shall be the approving authority for any subsequent amendments to the Conceptual Landscape and Fuel Modification Plan. 1. Conceptual Landscape Component The Conceptual Landscape Plan illustrates preliminary planting design, including preliminary tree/shrub palettes, for: a. San Joaquin Hills Road; b. Collector roads and local streets of community significance; C. Potential local park sites, including view parks within the proposed Buck Gully Open Space Dedication Area; and d. Slope planting areas. Project -level Landscape Plans shall be prepared and approved by the County for each development project consistent with the approved community -level Conceptual Landscape Plan. 2. Conceptual Fuel Modification Component The Conceptual Fuel Modification Plan Identifies fuel modification areas, potential treatments, and preliminary tree/plant palettes to protect development projects that abut natural open space areas (e.g., Buck Gully and Coyote Canyon). Project -level Fuel Modification Plans shall be prepared for each applicable development project consistent with the approved community -level Conceptual Fuel Modification Plan. MtPC Pro;ram March 1998 II-11 Hvro•wv+ CHAPTER III RESIDENTIAL USE REGULATIONS/DEVELOPMENT STANDARDS A. PURPOSE AND INTENT The purpose of these provisions is to regulate design and development of the Residential Planning Areas of the Newport Ridge Planned Community. These use regulations provide for a wide variety of residential housing types including, but not limited to, single-family detached, single-family attached, duplex, and multifamily. The regulations also allow for recreation uses, community facilities, community service facilities, and other uses and structures accessory to principal permitted uses. Residential use categories within the Planned Community are intended to be consistent with the Community Profile Sub -categories of the General Plan: 1.4 Medium Density (3.5 - 6.5 d.u./acre); 1.5 Medium -High Density (6.5 - 18 d.u./acre); and 1.6 High Density (18+ d.u./acre). To ensure consistency with the Land Use Element of the Orange County General Plan, the ultimate control for residential development is the maximum number of dwelling units permitted in each Planning Area as indicated in the Newport Ridge Planned Community Statistical Table. All Planning Areas shall be developed consistent with the total dwelling units indicated in this Statistical Table. The purpose of the "Medium Density ((NC)" and "Medium -High Density ((NC)" Residential categories is to regulate the development of residential Planning Areas 13, 14, and 15 of the Newport Ridge Planned Community, which are contiguous to The Newport Coast Planned Community Planning Areas 8 and 2C, with a consistent set of permitted uses, site development standards, and processing procedures. This uniform set of development standards is necessary to ensure compatible and orderly development. The Newport Coast PC is regulated by the Newport Coast Planned Community District Regulations. Development for Planning Areas designated M (NC) and MH (NC) will conform to these regulations as set forth in this Chapter. NRPC Program "i, h I00N lit_t B. MEDIUM DENSITY RESIDENTIAL PLANNING AREAS The Medium Density (3.5-6.5 d,u.tacre) Residential Planning Areas 1 and 14 provide for predominantly single-family detached, single-family attached, and duplex housing. Recreation uses, community facilities, community service facilities, and other uses and structures accessory to the principal uses are also allowed. 1. Principal Uses Permitted The following principal uses are allowed in all Planning Areas designated for Medium Density Residential Use: A. Principal Permitted Uses not requiring discretionary land use permits, plans, or approvals: 1) Detached single-family dwellings. 2) Attached single-family dwellings and duplexes, except planned developments. 3) Community care facilities serving six (6) or fewer person and large family day-care homes. b. Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): 1) Residential Planned Developments per Orange County Zoning Code Section 7-9-110. 2) Multifamily residential developments per Orange County Zoning Code Section 7-9.146.7. 1] NRPC Program March 1998 111.2 wom.wroa 3) Community care facilities serving seven (7) or more persons per Orange County Zoning Code Section 7-4-141. 4) Accessory Permitted Uses referenced in Chapter III-B-2 (Accessory Permitted Uses) when located on a separate building site. 5) Permanent or temporary landfill monitoring and mitigation program facilities. 6) Any other use which the Planning Commission finds consistent with the purpose and intent of this land use category. 2. Accessory Uses Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Orange County Zoning Code Section 7-9-137, "Accessory Uses and Structures," including: a. Garages and carports. b. Accessory structures such as greenhouses, gazebos, cabanas, and storage sheds. C. Swimming pools, therapy baths, water fountains, and related equipment. d. Covered patios and decks. C. Fences and walls. f. Tennis courts, parks, trails, greenbelts, and similar common landscape areas. NRPC Program March 1998 111-3 "•- " g. Signs per Chapter IX (Sign Regulations). h. Noncommercial keeping of pets and animals per Orange County Zoning Code Section 7-9-146.3. i. Home occupations per Orange County Zoning Code Section 7-9-146.6. j. Accessory uses and structures which the County Planning Director, funds to be consistent with the purpose and intent of this land use -category. 3. Temporary Uses Permitted Temporary uses are permitted subject to the requirements of Orange County Zoning Code Section 7-9-136, "Temporary Uses and Structures". 4. Prohibited Uses a. The storage of vehicles, equipment, or products related to a commercial activity not permitted in this area. b. The keeping of pets or animals for any commercial purpose. C. Apiaries. d. industrial and manufacturing facilities. C. Uses not provided for by Chapter III-B-1 through -3 shall be prohibited, subject to Orange County Zoning Code Section 7-9-20 (c). 11 NRPCProgmm bferrh 1998 111.4 rmM.wnd 0 S. Site Development Standards The following standards shall apply to all development within this land use category: a. Building site area: Three thousand (3,000) square feet net minimum for condominium, stock cooperative, and apartment developments; two thousand -five hundred (2,500) square feet net minimum for detached and attached single-family, duplex, and other (nonresidential) developments. Planning Area 1 shall have a minimum single-family residential lot size of seven thousand (7,000) square feet net. b. Area per unit: One thousand (1,000) square feet minimum net land area per dwelling unit. C. Building site width: No minimum. d. Building height: Thirty-five (35) feet maximum. e. Building site coverage: No maximum. f. Building setbacks: 1) Single-family detached developments: a) From any street - Ten (10) feet minimum except garages and carports per Chapter III-13-5-g below. b) Side - Ten (10) feet minimum for one side only, or ten (10) feet aggregate total for both sides. c) hear - Ten (10) feet minimum. NRPC Program March 1998 111-5 MRp•wpd 2) Other developments: a) Ten (10) feet minimum from any exterior property line or property litre abutting a public or private street, except garages and carports per Chapter III-B-5-g below. b) From any other interior property line, no minimum. g. Garage and cagwrt placement, The point of vehicular entry to a garage or carport shall be a distance of seven (7) feet or less, or twenty (20) feet or more from the back of sidewalk, or if there is no sidewalk, from back of curb. h. Off-street parking: Shall be provided per Chapter VIU (Off -Street Parking Regulations). I. Patios: No attached or detached covered patio shall be located closer than three (3) feat to a property line, except along any street -side property line, in which case a minimum distance of ten (10) feet shall be maintained. j. Projectlons into required setbacks: Eaves, cornices, chimneys, outside staircases, balconies, and other similar architectural features may project a maximum of six (6) feet Into any required setback, except that where the setback is less than six (6) feet, the projection may not exceed sixty (60) percent of the required setback. k. Open space (except for single-family detached developments): A minimum of five (5) percent of the net area of a development area shall be reserved as usable open space. The following shall not be counted in computing the usable open space: streets, common driveways, slopes greater than a 2.5:1 incline, and any property not reserved for the sole use and enjoyment of the occupants of the project and their guests. NRPC Program March 1998 111.6 mcm•+Td 1. Trash and storage areas (except for single-family developments): All including be from storage, cartons, containers, or trash shall shielded view within the building or area enclosed by a wall not less than six (6) feet in height. In. Screening (except for single-family detached developments): 1) A screen shall consist of one or any combination of the following: a) Walls, including retaining wails: A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of four (4) inches thick. b) Berms: A berm shall be constructed of earthen material's and it shall be landscaped. c) Solid Fences: A solid fence shall be constructed of wood or other materials a minimum thickness of one (1) inch. d) Landscaping: Vegetation shalt consist of evergreen or deciduous trees or shrubs. 2) Screen required between adjoining residential areas: A screen shall be installed as required to buffer multi -family developments from abutting single-family attached or detached residential uses. Except as otherwise provided below, the screening shall have a total height of not less than five (5) feet and not more than seven (7) feet. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest point of elevation. 3) Screen required for parking areas abutting arterial highways: An opaque screen shall be installed along all parking areas abutting arterial highways. Except as otherwise provided below, screening, other than landscaping, shall have a total height of not less than three (3) feet and not more than six (6) feet. NRPC Program March 1998 III-7 m�•wod 4) Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such change in elevation may be used In lieu of. or in combination with, additional screening to satisfy the screening requirements of this section. n. Landscaping (except for single-family detached developments): The planting of drought -tolerant native or non -intrusive, non-native low - maintenance species is encouraged. Landscaping consisting of evergreen or deciduous trees, shrubs, groundcover, and/or hardscape shall be installed and maintained subject to the following standards. 1) Boundary landscaping abutting arterial highways is required to a minimum depth of ten (10) feet. 2) Boundary landscaping abutting public streets, other than arterial highways, is required to an average depth of ten (10) feet with a minimum depth of five (5) feet. 3) Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least four (4) inches higher than the adjacent vehicular area or in some other manner be protected from vehicular damage. 4) Irrigation facilities shall be provided for all landscaped areas except where drought -tolerant species have been established. 5) All landscaping shall be maintained in a neat, clean, and healthy condition. This shall include pruning, mowing lawns, weeding, removing litter, fertilizing, replacing plants when necessary, and watering all plantings. NRPC Program March 1998 I1I-8 mp -Yld is o. Lights: All lights shall be designed and located so that rays are aimed at the site. P. Manufactured slopes: Slopes along development edges shall incorporate contour -grading techniques. q. Maximum heights for fences and walls per Orange County Zoning Code Section 7-9-137.5, except as otherwise permitted below, provided that site distances for vehicular safety purposes are not obstructed: 1) Within required front setback area — forty-two (42) inches maximum. 2) Within other setback areas — six (6) feet maximum, except when higher walls are required by the County Planning Director, for the purpose of noise mitigation or other health and safety measures. NRPC Program March 1998 III.9 xc•"od C. MEDIUM -HIGH AND HIGH DENSITY RESIDENTIAL PLANNING AREAS The Medium -High Density (6.5-18 d,u./acre) and High Density (18+ d,u./acre) Residential Planning Areas 2. 3, 4, 5, 6, 7, 8, 9, 11, 13. 15, 21. and 22 of the Newport Ridge Planned Community provide for predominantly multifamily housing, while also permitting single-family detached/atmched and duplex housing. Recreation uses, community facilities, community service facilities, and other uses and structures accessory to the principal uses are also allowed. 1. Principal Uses Permitted The following principal uses are allowed in all Planning Areas designated for Medium -High and High Density Residential Use: A. Principal Permitted Uses not requiring discretionary land use permits, plans, or approvals: 1) Detached single-family dwellings. 2) Attached single-family dwelling and duplexes, except planned developments. 3) Community care facilities serving six (6) or fewer persons and large family day care homes. b. Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): 1) Residential planned developments per Zoning Code Section 7-9- 110. 2) Multifamily residential developments per Orange County Zoning Code Section 7-9-146.7, NRPC Program March 1998 111-10 vrca•wva 3) Community care facilities serving seven (7) or more persons per Orange County Zoning Code Section 7-9-141. 4) Accessory Permitted Uses referenced in Chapter III-C-2, (Accessory Permitted Uses) when located on a separate building site. 5) Temporary or permanent landfill monitoring and mitigation program facilities. 6) Any other use which the Planning Commission finds consistent with the purpose and intent of this Planning Area. 2. Accessory Uses Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Orange County Zoning Code Section 7-9-137 "Accessory Uses and Structures," including: a. Garages and carports, including access driveways and private streets. b. Accessory structures such as greenhouses, gazebos, cabanas, and storage sheds. C. Swimming pools, therapy baths, water fountains, and related equipment. d. Covered patios and decks. e. Fences and walls. f. Tennis courts, parks, trails, greenbelts, and similar common landscape areas. NRPC Program March 1998 III-Ii N•xv g. Signs per Chapter IX (Sign Regulations). h. Campanili, subject to Planning Commission approval per Chapter X (Permit Regulations and Procedures). I. Noncommercial keeping of pets and animals per Orange County Zoning Code Section 7-9-146.3. j. Home occupations per Orange County Zoning Code Section 7-9-146.6. k. Accessory uses and structures which the County Planning Director, finds to be consistent with the purpose and intent of this land use category. 3. Temporary Uses Permitted Temporary uses are permitted, subject to the requirements of Orange County Zoning Code Section 7-9-136, "Temporary Uses and Structures". 4. Prohibited Uses A. The storage of vehicles, equipment, or products related to a commercial activity. b. The keeping of pets or animals for any commercial purpose. C. Apiarles. d. Industrial and manufacturing facilities. e. Uses not provided for by Chapter III-C-1 through 3 sball be prohibited, subject to Orange County Zoning Code Section 7-9.20 (c). MPC Program March 1998 111.12 W-M-W+ S. Site Development Standards The following standards shall apply to all development within this land use category: a. Building site area: Three thousand (3,000) square feet minimum for condominium, stock cooperative and apartment developments; two thousand -five hundred (2,500) square feet minimum for detached and attached single-family, duplex and other (nonresidential) developments. b. Area per unit: One thousand (1,000) square feet minimum net land area per dwelling unit. C. Building site width: No minimum. d. Building heights: 1) Single-family detached developments - thirty-five (35) feet maximum. 2) Other developments - forty-five (45) feet maximum. C. Building site coverage: No maximum. f. Building setbacks: 1) Single-family detached developments: a) From any street - Ten (10) feet minimum except garages and carports per Chapter III-C-S-g below. b) Side - Ten (10) feet minimum for one side only, or ten (10) feet aggregate total for both sides. c) Rear - Ten (10) feet minimum. NRPC Program March 1998 1I1-13 W-M.Vqd 2) Other developments: a) Ten (10) feet minimum from any exterior property line or property line abutting a public or private street, except garages and carports per Chapter lll-C 5-g below. b) Twenty-five (25) feet minimum from all property lines abutting existing single-family detached residential lots. c) From any other interior property line, no minimum. g. Garage and carport placement: The point of vehicular entry to a garage or carport shall be a distance of seven (7) feet or less, or twenty (20) feet or more, from the back of sidewalk, or if there is no sidewalk, from the' back of curb. h. Oft -sheet parking: Shall be provided per Chapter V111(Off-Street Parking Regulations). I. Patios: No attached or detached covered patio shall be located closer than three (3) feet to a property line, except along the street -side property line of a corner lot, in which case a minimum distance of eight (8) feet shall be maintained. j. Projections Into required setbacks, Eaves, cornices, chimneys, outside staircases, balconies, and similar architectural features may project six (6) feet into any required setbacks; except that where the setback is less than six (6) feet, the projection may not exceed sixty (60) percent of the required setback. k. Open space (except for siingle-family detached developments): Minimum of five (5) percent of the net area of a development area is to be reserved as usable open space. The following shall not be counted in computing the usable open space: streets, common driveways, slopes 0 L 0 NRPC Program March 1998 111-14 K-m-Wo 5) All landscaping shall be maintained in a neat, clean and healthy condition. This shall include pruning, mowing lawns, weeding, removing litter, fertilizing, replacing plants when necessary, and watering all plantings. o. Lights: All lights shall be designed and located so that rays are aimed at the site. P. Manufactured slopes: Slopes along development edges shall incorporate contour -grading techniques. q. Maximum heights for fences and walls per Orange County Zoning Code Section 7-9-137.59 except as otherwise permitted below, provided that site distances for vehicular safety purposes are not obstructed: 1) Within required front setback area -- forty-two (42) inches maximum. 2) Within other setback areas -- six (6) feet maximum, except when higher walls are required by the County Planning Director, for the purpose of noise mitigation or other health and safety measures. D. MEDIUM DENSITY (NC) AND MEDIUM -HIGH DENSITY (NC) RESIDENTIAL PLANNING AREAS The Medium Density (NC) (3.5-6.5 d.u./acre) Residential Planning Area 14 and Medium - High Density (NC) (6.5-18 d.u./acre) Residential Planning Areas 13 and 15, of the NRPC adjoin Residential Planning Area 8 (High Density) and 2C (Medium Density) within The Newport Coast Planned Community, and provide for single-family detached, single-family attached, duplex, and multi -family housing. Recreation uses, community facilities, community service facilities, and other uses and structures accessory to the principal uses are also allowed. NRPC Program (Clarification: The term "Medium -High" and the density range "6.5-18 d.uJacre" used in this NRPC Program for Residential Planning Areas 13 and 15 are consistent with the land use categories specified in the current Orange County General Plan, but in the adjoining Newport Coast Planned Community the term "High" is used for this density range, and the term "Medium -High" is not used at all. Within The Newport Coast PC, the only difference between "Medium" and "High" Density Residential Planning Areas is maximum density. As set forth in Section 114C ("Medium and High Density Planning Areas") -of The Newport Coast PC, the regulations for permitted land uses and site development standards are combined. Therefore, the fact that this Chapter is a restatement of The Newport Coast Planned Community District Regulations Section 11-4-C, will except for the addition of Campanili to Accessory Uses Permitted, result in NRPC Planning Areas 13, 14, and IS and Newport Coast PC Planning Areas 8 and 2C all having the same permitted uses and site development standards, consistent with Chapter 1 of this PC Program, "Purpose and Objectives".) Where any portion of any dwelling unit falls within The Newport Coast Planned Community, that unit will be counted toward the number of units assigned to the respective Planning Area shown on The Newport Coast PC Development Map and Statistical Table. 1. Principal Uses Permitted The following principal uses are allowed in all Planning Areas designated for Medium Density (NC) and Medium High Density (NC) Use, subject to a Site Development Permit per Chapter X (Permit Regulations and Procedures): a. Detached single-family dwellings. b. Community care facilities serving twelve (12) or fewer persons per Zoning Code Section 7-9-141. C. Attached single-family dwellings and duplexes. d. Residential Planned Developments per Zoning Code Section 7-9-110. NRPr: Prnomm 0 e. Multifamily residential developments, except condominiums and stock cooperatives, per Zoning Code Section 7-9-146.7. f. Residential condominiums and stock cooperatives per Zoning Code Section 7-9-147. g. Community facilities including the following uses, and related and similar uses: 1) Intra-community directional signs. 2) Public and private parks (non-commercial). 3) Public and private (non-commercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts, and clubhouses. 4) Riding, hiking, and bicycle trails. 5) Security and maintenance facilities related directly to the residential community. 6) Elementary school. h. Community service facilities including the following uses, and related and similar uses: 1) Community centers. 2) Community information centers. 2. i. Accessory Permitted Uses referenced in Section D-2 of this Chapter when located on a separate building site. Accessory Uses Permitted a. Accessory uses and structures permitted when customarily associated with and subordinate to a permitted use on the same building site, per Zoning Code Section 7-9-137 except as modified in Section D 5 of this Chapter, including: 1) Garages and carports; 2) Detached accessory structures such as greenhouses, gazebos. cabanas, and storage sheds; 3) Swimming pools, therapy baths, water fountains, and related equipment; 4) Covered patios and decks; 5) Fences and wails; 6) Tennis courts, parks, trails, greenbelts, and common areas; 7) Non-commercial keeping of pets and animals per Zoning Code Section 7-9-146.3; 8) Home occupations per Zoning Code Section 7-9-146.6; and 9) Non-commercial/non-profit an displays and galleries. b. Campanili subject to Planning Commission approval per Chapter X (Permit Regulations and Procedures). NRPC Program ! 3. Temporary Uses Permitted Temporary uses are permitted in Residential Planning Areas subject to the requirements of Orange County Zoning Code Section 7-9-136, "Temporary Uses and Structures". 4. Prohibited Uses a. The storage of vehicles, equipment, or products related to a commercial activity not permitted in this area; b. The keeping of pets or animals for any commercial purpose; C. Apiaries; d. Industrial and manufacturing facilities; and e. Uses not provided for by Section DI through 3 of this Chapter shall be prohibited, subject to Zoning Code Section 7-9-20 (c). S. Site Development Standards a. Building site area: Three thousand (3,000) square feet minimum for condominium, stock cooperative, and apartment developments; Two thousand five hundred (2,500) square feet minimum for detached and attached single-family, duplex, and other (non-residential) developments. b. Area per unit: One thousand (1,000) square feet minimum gross land area per dwelling unit, regardless of the slope of the land. C. Building site width: No minimum. NRPC. Prnemm d. Building height: Thirty-five (35) feet maximum, except forty-five (45) feet maximum for Planning Area 13. C. Building site coverage: No maximum. f. Building setbacks: Ten (10) feet minimum from any exterior property line or property line abutting a public or private street, except garages and. carports per Subsection 3 below. From any other interior property line, no minimum. g. Garage and carport placement, The point of vehicular entry to a garage or carport shall be a distance of seven (1) feet or less, or twenty (20) feet or more from the back of sidewalk, or if there is no sidewalk, from back of curb, h. O1Rstreet parking: Shall be provided per Chapter Vill (Off -Street Parking Regulations). i. Open space (except for single-family developments): Minimum of five percent (5%) of the net area of the project is to be reserved as usable open space. The following shall not be counted in computing the usable open space: streets, common driveways, slopes greater than 2.5:1 incline, and any property not reserved for the sole use and enjoyment of the occupants of the project and their guests. j. Trash and storage areas (except for single-family developments: All storage, including cartons, containers or trash shall be shielded from view within a building or area enclosed by a wall not less than six (6) feet in height. NRPC Program 0 k. Screening (except for single-family developments): 1) Abutting residential areas. A screen shall be installed as required to buffer multiple -family developments from abutting areas zoned for single-family residential. Except as otherwise provided below, the screening shall have a total height of not less than six (6) feet and not more than seven (7) feet. Where there is a difference in elevation on opposite sides of the screen, the height shall be treasured from the highest point of elevation. 2) Parking areas abutting arterial highways. An opaque screen shall be installed along all parking areas abutting arterial highways. Except as otherwise provided below, the screening other than landscaping shall have a total height of not less than three (3) feet and not more than six (6) feet. 3) Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements of this Section. 4) A screen as referred to in Subsection 1, 2, and 3 above, shall consist of one or any combination of the following: a) Walls including retaining walls: A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of four (4) inches thick. b) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. AwvD D___ 1. c) Fences, solid: A solid fence shall be constructed of wood, or other materials a minimum nominal thickness of one (1) Inch. d) Landscaping: Vegetation shall consist of evergreen or deciduous trees or shrubs. Landscaping (except for siagk ndly developments): The planting of drought tolerant, native or non -intrusive non-native low maintenance species is encouraged. Landscaping, consisting of evergreen or deciduous trees, shrubs, groundcover, and/or hardseape shall be installed and maintained subject to the following standards: 1) Boundary latxiscaping abutting arterial highways is required to a minimum depth of ten (10) feet. 2) Boundary landscaping abutting public stints, other than arterial highways, is required to an average depth of ten (10) feet with a minimum depth of five (5) feet. 3) Separation: Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six (6) inches higher than the adjacent vehicular area or in some manner be protected from vehicular damage. 4) Watering: Watering facilities shall be provided for all landscaped areas except where drought tolerant species have been established. 5) Maintenance: All landscaping shall be maintained in a neat, clean, and healthy condition. This shalt include proper ptvning, mowing of lawns, weeding, removal of liter, fertilising, replacement of plants when necessary, and the watering of all plantings per Subsection 4 above. NRPC Program 9 M. Lights: All lights shall be designed and located so that rays are aimed at the site. n. Local roads: Standards for local roads, including gradients, width, radius of curvature, and lighting shall ensure that visual impact is minimized where feasible. o. Erosion control: Areas of disturbed soil shall be hydroseeded with native or non -intrusive non-native plants to control erosion. P. Contour grading: Manufactured slopes along development edges shall incorporate contour grading techniques. AWPr n.ne.nM A. B. CHAPTER IV RECREATION USE REGULATIONS/DEVELOPMENT STANDARDS PURPOSE AND INTENT The Recreation Planning Areas of the Newport Ridge Planted Community provide for active and passive park sites and recreational uses, and also preserve open space areas in a primarily natural state for passive et#oyment and in a fuel -modified condition for wildland fire protection. Providing physical and visual linkages to the existing and proposed regional public open space system in the vicinity is an important goal of these areas. Recreation Planning Areas 19 and 18 are further proposed as Open Space Dedication Areas which, when combined with The Newport Coast Planned Community's Open Space Dedication Planning Area 11A, will preserve Buck Gully as a regional public open space corridor. Roads, utilities, grading, drainage, and other infrastructure improvements and facilities are permitted for the improvement of permitted pack and recreational uses, and adjacent development Planning Areas. PRINCIPAL USES PERMITTED 1. Principal Permitted Uses not subject to discretionary land use permits, plans, or approvals: a. Drainage and water retention facilities. b. Public utility lines and facilities. C. Maintenance of pubic facilities, roads and infrastructure. d. Open space (natural and modified for fire protection). •,»on �....... e. Private open space and fuel modification areas where the land is owned and maintained by homeowners associations (not individual residents, public agencies, and/or districts). f. Public works, roads, drainage improvements, and other infrastructure necessary for the permitted development of other Planning Areas. g. Remedial grading required to resolve geotechnical/soils engineering problems associated with development Planning Areas and/or satisfy engineering requirements for related roads, infrastructure, and other development -related improvements. h. Passive recreation areas. 2. Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures}. a. Community facilities per Chapter VII-B-1. b. Picnic areas. C. Riding and hiking trail staging areas. d. Viewpoints and overlook areas. e. Scientific study or interpretive areas. f. Community service and community service commercial facilities per Chapter VII-13-1. WWI Pmem.n 3. Prto gg Permitted Uses requiring a Use Permit per Chapter X (Permit Is Regulations and Procedures): a. Community service and community service commercial facilities per Chapter VII-B-2. b. Any other use which the Planning Commission finds consistent with the purpose and intent of this land use category. C. ACCESSORY USES 1. Accessory commercial uses that are directly related to a permitted recreational . facility such as a golf course or tennis courts. 2. Accessory uses and structures customarily associated with and subordinate to a Principal Permitted Use per Orange County zoning Code Section 7-9-137. D. PROHIBITED USES 1. Residential structures. 2. Wholesale and retail commercial uses, other than Accessory Uses permitted -above per Chapter IV-C. 3. Industrial and manufacturing facilities. 4. Uses not provided for by Chapter IV-B and IV-C shall be prohibited, subject to Orange County Zoning Code Section 7-9 20 (c). 0 NRpr PMOMM 0 E. OPEN SPACE MANAGEMENT PRIOR TO DEDICATION Prior to the transfer to public ownership of Recreation Planning Areas 17 and 18 (i.e., proposed Buck Gully Open Space Dedication Area), private landowners shall comply with the following: 1. The landowner may continue existing uses, and may construct and maintain -any fencing, firebreaks, fuel modification zones, water pipes, and agricultural facilities, and maintain access roads necessary for the continued use and protection of the property, and for facilities approved by the County of Orange -for public health, safety, welfare, and recreation purposes consistent with this chapter. 2. New fences shall be designed so that wildlife can pass through. 3. No alteration of existing stream courses shall occur, except as necessary to provide fire access roads and/or protection. 4. No excavations of archaeological and paleontological sites will be permitted, except as required by public safety and/or utility facilities in accordance with Chapter II (General Regulations). 5. Notwithstanding any other provisions, landform alterations are allowed to accommodate realignment, improvement, and/or widening of San Joaquin Hills Road and associated improvements, and to allow grading, construction, and maintenance of park and recreation sites. F. SITE DEVELOPMENT STANDARDS 1. Building site area: No minimum. 2. Building site width and death: No minimum. AWD/ D.n....._ 3. Building setbacks: Ali buildings shall be set back from property lines a distance at least equal to the height of the building or structure, and not less than thirty (30) feet from any adjacent development Planning Area. 4. Building site coverage: Not more than five (5) percent of the total area in this land use category may be covered by buildings. S. Building height limit: Twenty-eight (28) feet. 6. Of -street parking: Shall be provided per Chapter VIII (Off -Street Parking Regulations). 7. Screening of parking areas: Public parking areas adjacent to but outside of the right-of-way of public streets or highways shall be screened from view by earthen berms, fences, walls, and/or landscape plantings that, within five years, are at least seventy-five (75) percent opaque, provided such screening is consistent with public health and safety, and is approved by the Manager, Landscape Architecture. NRPC ProIIram 0 CHAPTER V COMMERCIAL VILLAGE USE REGULATIONS/DEVELOPMENT STANDARDS A. PURPOSE AND INTENT The purpose of these provisions is to regulate the design and development of the Commercial Village Planning Area within the Newport Ridge Planned Community. A variety of local commercial uses, facilities supporting the surrounding community, and the opportunity for multifamily residential uses combine to make this a unique mixed -use development area. Local commercial uses within the Commercial Village may include retail sales, local services, and limited professional and administrative office uses. The development of this centrally located Planning Area may combine multifamily residential and commercial uses in either of two ways: 1) vertically — where the ground level is reserved for commercial uses and the upper floor (or floors) contains multifamily dwellings; and/or 2) horizontally — where multifamily residential uses are developed in conjunction with commercial uses on one site, either in attached or in separate building complexes. The Commercial Village Planning Area designation is intended to implement the County General Plan's Local Commercial Community Profile category (2.11) and High Density Residential Community Profile category (1.61) land use designations. B. PRINCIPAL USES PERMITTED Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): a. Retail commercial businesses. b. Service commercial businesses, including dry cleaning service outlets utilizing off -site facilities only. •Ilan G------ C. Self-service laundries. 0 d. Administrative, professional and business offices. e. Restaurants (except drive In/drive through). f. Cafes, bars and cocktail lounges. g. Civic and Governmental uses. h. Public/private utility buildings and structures. L Community facilities per Chapter VII-B-1. j. Community service and community service commercial facilities per Chapter VII-B-2. k. Residential Planned Developments per Orange County Zone Code Section 7-9-110. i. Multifamily residential developments per Orange County Zoning Code Section 7-9-146.7. M. Theaters, libraries, museums, and cultural institutions. n. Hotels and motels. o. On -site dry cleaning facilities. p. Banks and other financial institutions. q. Residential tine -share projects. r. Drive-through/drive-in restaurants. ua»r P...,....... 2. Permitted Uses requiring a Use Permit per Chapter X (Permit Regulations and Procedures): a. Community service and community service commercial facilities per Chapter VII-B-3. b. Conference and/or convention centers. C. Animal clinics subject to the additional regulations of Orange County Zoning Code Section 7-9-146.1. d. Automobile service stations per Chapter VI. e. Any other use which the Planning Commission finds consistent with the purpose and intent of this land use category. C. TEMPORARY USES AND STRUCTURES Temporary uses are permitted subject to the requirements of Orange County Zoning Code Section 7-9-136, "Temporary Uses and Structures". D. ACCESSORY USES AND STRUCTURES Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, per Orange County Zoning Code Section 7-9-137. Accessory uses and structures shall be approved per Chapter X (Permit Regulations and Procedures) and include: 1. Garages and carports in compliance with the site development standards contained in Chapter V-F and the permit requirements listed in Chapter V-B. 2. Accessory structures such as gazebos, cabanas, and storage buildings. 3. Swimming pools, therapy baths, water fountains, and related equipment. 4. Covered patios and decks. E. S. Fences and walls. 6. Tennis courts, parks, trails, walkways, greenbelts, and common landscape areas. 7. Signs per Chapter IX (Sign Regulations). 8. Campanlli, subject to Planning Commission approval per Chapter X (Permit Regulations and Procedures), 9. Noncommercial keeping of pets and animals per Orange County Zoning Code Section 7-9-146.3. 10. Home occupations per Orange County Zoning Code Section 7-9-146.6. 11. Accessory uses and structures which the County Planning Director, finds to be consistent with the purpose and intent of this land use category. PROHIBITED USES 0 1. Wholesale sale of building materials with any exterior storage yards. 2. Major automobile repair, tire retreading, fender and body repair, paint shops and auto sales. 3. Automobile wrecking, junk and salvage yards. 4. Bottling plants. S. Rental and sales agencies for agricultural, industrial, and construction equipment. 6. Warehouses, contractor storage and equipment yards, work and/or fabricating areas. 7. Welding shops. 8. Sanitariums, mental and health. 9. Lodge and union halls. 10. Industrial and manufacturing facilities. 12. Wholesale business operations. 12. Ice production. 13. Wholesale bakeries. 14. Single-family detached dwellings. 15. Game arcades or parlors where five (5) or more machines are located, except in conjunction with a movie theater, motel, hotel, or restaurant of more than ten (10) seats. 16. Adult entertainment businesses as defined in Orange County Zoning Code Section 7-9-146.2. 17. Hospitals, other than walk-in clinics or emergency centers. 18. Mortuaries. 19. Mini -storage facilities. 20. Uses not provided for by Chapter V-B, V-C, and V-D shall be prohibited, subject to Orange County Zoning Code Section 7-9-20 (c). hwnr v...----. F. SITE DEVELOPMENT STANDARDS The following standards shall apply to all developments within this land use category: 1. Buildins site area: No minimum. The maximum is the net usable site area. A building site may in terms of functional land use and circulation, blend into that portion of The Newport Coast Planned Community bounded by this Commercial Village Planning Area, Newport Coast Drive, and Ridge Park Road. 2. Bulldins site width and depth* No minimum. 3. Building height limit: Fifty (50) feet maximum for commercial or residential uses in separate structures. Sixty-five (65) feet maximum for commerciallresidential mixed uses in the same building. Campanili may exceed the maximum building height subject to approval of a Use Permit by the Planning Commission per Chapter X (Permit Regulations and Procedures). 4. Building setbacks: a. Front setbacks: 1) Ten (10) feet minimum from the ultimate street right-of-way line If building Is under twenty-five (25) feet in height. 2) Fifteen (15) feet minimum from the ultimate street righ"f--way line if building is between twenty-five (25) and thirty-five (35) feet in height. 3) Twenty (20) feet minimum from the ultimate street right -of --way line if building is over thirty-five (35) feet in height. b. Side setbacks: 1) No minimum required if building is under twenty-five (25) feet in height. unpr a.,....,.«. 2) Five (5) foot minimum from the side property line if building is between twenty-five (25) and thirty-five (35) feet in height. 3) Ten (10) foot minimum from the side property line if building is over thirty-five (35) feet in height. C. Rear setbacks: No minimum required. d. Projections into required setbacks: Eaves, cornices, chimneys, outside staircases, balconies and similar architectural features may project six (6) feet into any required setback; except that where the setback is less than six (6) feet, the projection shall not exceed sixty (60) percent of the required setback area. 5. Off-street parking requirements: Off-street parking shall be provided as required by the provisions of Chapter VIII (Off -Street Parking Requirements). Joint -use parking may extend into contiguous development Planning Areas of The Newport Coast Planned Community subject to Planning Commission approval of a master Detailed Parking Plan per Chapter VIII-D. 6. Signs: Shall be permitted in accordance with Chapter IX (Sign Regulations). 7. Lighting: All lighting, exterior and interior, shall be designed and located to confute direct rays to the site. S. Commercial Loading and unloading: All commercial loading and unloading shall be performed on the site; Loading platforms and areas shall be screened from view from adjacent streets, highways, adjacent Recreation and Residential Planning Areas, and on -site residential uses. 9. 'Trash and storage areas: All storage, including cartons, containers or trash, shall be located within a building or an area enclosed by a wall of not less than six (6) feet in height. An overhead enclosure shall be required if visible from a residential area. NDDI' D.....__ 10. Screening: a. Streets and intersections: Screening along streets shall have a height of not less than thirty-six (36) inches nor more than forty-two (42) inches within twenty (20) feet of the point of intersection of 1) A vehicular accessway or driveway and a street. 2) A vehicular accessway or driveway and a sidewalk. 3) Two or more vehicular accessways, driveways or streets. b. Parking areas abutting highways: A screen shall be installed along all parking areas abutting highways, Except as otherwise provided below, the screening shall have a total height of not less than thirty (30) inches and not more that forty-two (42) inches. C. Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (S) feet inside the boundary tine, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with additional screening to satisfy the screening requirements of this section. d. A screen as referred to in Chapter V-F-10 shall consist of one or any combination of the following: 1) Walls, including retaining walls: A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six (6) Inches thick. 2) Berms: A berm shall be constructed of earthen materials and shall be landscaped. E NRPC PM8MM 3) Solid Fences: A solid fence shall be constructed of wood or other materials a minimum nominal thickness of two (2) inches and it shall form a solid screen. A screen fence (non -solid) may be allowed, subject to Site Plan approval. 4) Landscaping: Vegetation, consisting of evergreen or deciduous trees or shrubs. e. Mechanical equipment such as, but not limited to, air conditioning, heating, ventilating ducts and exhausts placed on any roof shall be screened from view from any abutting street or highway. 11. Landscaping: Shall consist of a combination of evergreen or deciduous trees, shrubs, groundcover, or hardscape shall be installed and maintained subject to the following standards: a. Boundary landscaping abutting arterial highways is required to an average depth of fifteen (15) feet with a minimum depth of five (5) feet. b. Boundary landscaping abutting public streets, other titan arterial highways, is required to an average depth of ten (10) feet with a minimum depth of five (5) feet. C. An additional amount of landscaping area, equal to at least five (5) percent of the net usable area of the project is required. d. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least four (4) inches higher than the adjacent vehicular area or shall in some manner be protected from vehicular damage. e. Permanent irrigation for establishment of planting shall be provided for all landscaped areas. f. All landscaping shall be maintained in a neat, clean and healthy condition. This shall include pruning, mowing, weeding, removing litter, fertilizing, replacing plants when necessary, and watering all plantings. CHAPTER VI SERVICE STATION SITE REGULATIONS/DEVELOPMENT STANDARDS A. PURPOSE AND INTENT The purpose of these regulations is to provide review procedures and site development standards for automobile service stations within the Newport Ridge Planted Community. where the need for such a facility is demonstrated. These regulations provide procedures to ensure the appropriate number, location, design, and maintenance of service stations. In order to implement these objectives, all proposed service stations shall be subject to Planning Commission approval of a Use Permit. All service stations shall be designed to shield views of the pump islands and service bays from abutting streets. B. USES PERMITTED Automobile service stations are permitted within the Commercial Village Planning Area subject to Planning Commission approval of a Use Permit per Chapter X (Permit Regulations and Procedures). Automobile service stations may, as part of an approved Use Permit, include the following accessory uses: I. Sale/installation of petroleum products, tires, batteries, and related minor automotive accessories. 2. Minor automobile maintenance (e.g., tune ups, drive belt replacement, muffler/brake repair, and electrical repair), washing, and lubricating services. (Heavy. automobile repair involving major engine, transmission, drive train or other repair is prohibited.) is uncr a.........» 3. Convenience Store/"Mini"-market offering incidental food, packaged goods, and convenience items to the motoring public. 4. Any other use which the Planning Commission finds consistent with the purpose and intent of this chapter. C. SITE DEVELOPMENT STANDARDS The following standards shall apply to all automobile service stations except as otherwise established by an approved Use Permit: I. Building site area: Twelve thousand (12,000) square feet minimum. 2. Building height: Twenty-five (25) feet maximum. 3. Building line regulations (measured from main building): a. From ultimate right-of-way lines: Twenty (20) feet minimum. b. From interior property lines: Twenty-five (25) feet from any property line abutting an area designated for residential uses. Zero (0) feet from property Imes abutting commercially designated areas. 4. Vehicular access regulations: Prior to clearance for issuance of a Building Permit for a service station, a plan of vehicular access for the entire street frontage of the building site containing the service station shall be approved by the County Planning Director. S. Signs: Signs shall be permitted in accordance with Chapter IX (Sign Regulations). 6. Lighting: All lighting, exterior and interior, shall be designed and located to confine direct rays to the site. NRPC Prnemm 7. 8. 9. Trash and storage area: All storage of cartons, containers, merchandise and trash shall be shielded from view within a building or area enclosed by a solid masonry wall not less than six (6) feet in height. No such area shall be located within fifty (50) feet of any Residential Planning Area or residential development within the commercial Village Planning Area unless it is fully enclosed by walls and a roof. Enclosed uses: All activities other than the sale of motor fuels and lubricants and car washing shall be contained in a completely enclosed structure. Screeninit: a. Abutting Residential Areas: An opaque screen, as defined in Section VI-C- 9-d below, shall be installed along All site boundaries where the premises abut Residential Planning Areas or residential development. Except as otherwise provided, the screening shall have a total height of not less than six (6) feet nor more than seven (7) feet. b. Streets and intersections: Scorning along all streets shall be a minimum of thirty-six (36) inches and a maximum of forty-two (42) inches in height except within twenty (20) feet of the point of intersection of: 1) A vehicular accessway or driveway and a street. 2) A vehicular accessway or driveway and a sidewalk. 3) Two or more vehicular accessways, driveways or streets. C. Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line. Is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements of this section. twc Progrmn d. An opaque screen as referred to in Section VI-C-9-a, -b, and -c above. shall consist of one or any combination of the following types: 1) Walls, including retaining walls: A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six (6) inches thick. 2) Berms: A berm shall be constructed of earthen materials and shall be landscaped. 3) Solid Fences: A solid fence shall be constructed of wood or other materials a minimum nominal thickness of one (1) inch and shall form an opaque screen. 4) Landscaping: Vegetation, consisting of evergreen trees, shrubs and groundcover. e. Mechanical equipment placed on any roof such as, but not limited to, air conditioning, heating, ventilating ducts and exhausts, shall be screened from view from any abutting street or highway and any abutting area where residential uses are permitted. f. Service station uses shall be designed such that operations are shielded from public view from highways by orienting pump stations and service bays away from public view from highways and by using landscape berms. 10. Landscaping consisting of evergreen trees, shrubs and groundcover shall be installed and maintained subject to the following standards: a. Boundary landscaping is required for an average depth of fifteen (15) feet with a minimum of ten (10) feet along all property lines abutting streets, residential developments and Residential Planning Areas except for the area NRPC Pmnmm 11. 12. 13. required for street openings. The landscape setback at San Joaquin Hills Road shall comply with the Scenic Highway Implementation Plan. b. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least four (4) inches higher than the adjacent vehicular area or in some other manner be protected from vehicular damage. C. Permanent automatic Irrigation facilities shall be provided for all landscaped areas. d. All landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing weeding, removing litter, fertilizing, replacing plants when necessary and regular watering of all plantings. Storage: No portion of a service station site will be utilized for automobile storage other than for temporary parking of an automobile being serviced or for the temporary use of employees during working hours. Alternative Uses: Service station sites and structures may be converted to alternative uses only upon Planning Commission approval of a Site Development Permit or an amended Use Permit, per Chapter X (Permit Regulations and Procedures). New Use Permit after 12-month closure: Service stations which are closed for more than twelve (12) consecutive months, shall be required to obtain approval of a new Use Permit per Chapter X, Permit Regulations and Procedures, prior to County issuance of a new Certificate of Use and Occupancy. NRPC Program 11 CHAPTER VII COMMUNITY FACILITY USE REGULATIONS/DEVELOPMENT STANDARDS A. PURPOSE AND INTENT These regulations provide review procedures and site development standards for those supporting and service land uses and facilities which are appropriate and/or customarily established within a community, but which must be evaluated and monitored to ensure compatibility with surrounding uses. B. PRINCIPAL USES PERMITTED The following Principal Uses are permitted within any Planning Area of the Newport Ridge Planned Community, except for the Buck Gully Open Space Dedication Area (Planning Areas 17 and 18). 1. Principal Permitted uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): a. Community facilities including, but not limited to the following uses and related or similar uses: 1) Public and private parks (noncommercial). 2) Public and private (noncommercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts, and clubhouses. 3) Riding, hiking and bicycle trails. 4) Intra-community directional signs. NRPC Prorr m b. C. d. e. 5) Security and maintenance facilities and structures related directly to the community. Model homes and/or sales offices, including signs and mobile coaches, for the first sale of new homes, with signs in connection therewith, Public utility buildings, structures, and facilities including, but not limited to, electrical, water, sewage, telephone and telegraph, cable TV, and other similar services, and their storage, distribution, treatment, and/or production facilities. Communication equipment buildings such as transmitters, antenna, towers, cable relay stations, satellite, and radar dishes. Community service and community service commercial facilities including the following uses and related or similar uses: 1) Fire stations. 2) Police stations. 3) Community information centers. 4) Post offices. 5) Community centers. 6) Civic and cultural facilities. 7) Private (commercial) recreation centers and facilities. including, but not limited to, golf courses, tennis courts, and swimming pools. �Id�7 2. Principal Permitted Uses requiring; a Use Permit per Chapter X (Permit Regulations and Procedures): a. Community service and community service commercial facilities including the following uses and related or similar uses: 1) Places of religious worship. 2) Schools (public and private). 3) Public and private day care centers and nursery schools. 4) Congregate care facilities. b. Any other community facility use found by the Planning Commission to be consistent with this Chapter. A Use Permit may be approved which establishes Alternative Site Development Standards for Community Facilities. C. SITE DEVELOPMENT STANDARDS The following standards shall apply to developments except as otherwise established by an approved Site Development or Use Permit: 1. Building; site area: Same as the Planning Area in which the use is established. 2. Building height limit: Same as the Planning Area in which the use is established. 3. Building setbacks: Community facilities shall have the same setback requirements as the Planning Area in which such facilities are being established. 4. Off, -street parking: Shall be provided in accordance with the requirements of Chapter VIII (Off -Street Parking Regulations). NRPC Proms S. 6. 7. Siaos: Shall be permitted in accordance with Chapter IX (Sign Regulations). 0 Trash and storage area: All storage, including cartons, containers, merchandise and trash shall be shielded from view within a building or area enclosed by a masonry wail not less than six (6) feet in height. An overhead enclosure will be required if visible from a residential area. Screening: a. Abutting Residential Planning Area: A screen, as defined in Chapter VII- C-7-e, shall be installed along all site boundaries where the facility abuts residential areas. Except as otherwise provided, the screening shall have a total height of not less than five (5) feet nor more than seven (7) feet. b. Streets and Intersections: Screening along all streets shall be a minimum of thirty-six (36) inches and a maximum of forty-two (42) inches in height within twenty (20) feet of the point of intersection of: 1) A vehicular accessway or driveway and a street. 2) A vehicular accessway or driveway and a sidewalk. 3) Two or more vehicular accessways, driveways or streets. C. Parking areas abutting streets and highways: A screen shall be installed along all parking areas abutting a street or highway. Except as otherwise provided, the screening shall have a total height of not less than thirty-six (36) inches and not more than forty-two (42) inches. d. NotwIthstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such NRPC Program change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this section. e. A screen as referred to in Chapter VII-C-7-a, -b and -c shall consist of one or any combination of the following types: 1) Walls, including retaining walls: A wall shall consist of concrete, stone, brick, the or similar type of solid masonry material a minimum of six (6) inches thick. 2) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. 3) Solid fences: A solid fence shall be constructed of wood or other materials a minimum nominal thickness of two (2) inches and it 0 shall form an opaque screen. 4) Landscaping: Vegetation, consisting of evergreen trees, shrubs, and groundcover. f. Mechanical equipment placed on any roof such as, but not limited to, air conditioning, heating, ventilating ducts and exhausts, shall be screened from view from any abutting street or highway and any abutting area zoned for residential or recreational use. S. landscaping consisting of evergreen or deciduous trees shrubs, and groundcover shall be installed and maintained subject to the following standards: a. Boundary landscaping is required to be consistent with the underlying zoning. NPPC Prmprmm b. An additional amount of landscaping, equal to at least five (5) percent of the net area of a project is required, and a minimum of twenty-five (25) percent of such landscaping shall be located in the area devoted to parking. C. Any landscaped area shall be separated from an adjacent vehicular area by a wail or curb at least four (4) inches higher than the adjacent vehicular area or shall in some other manner be protected from vehicular damage. d. Permanent automatic Irrigation facilities shall be provided for all landscaped areas. e. All landscaping shall be maintained in a neat, clean, and healthy condition. This shall include pruning, mowing, weeding, removing titter, fertilizing, replacing plants when necessary, and regular watering of all plantings. is NRPC Program JVA'P. tOOR tltt 4C CHAPTER VIII OFF-STREET PARKING REGULATIONS A. PURPOSE AND INTENT These regulations govern off-street parking of motor vehicles within Newport Ridge Planned Community. These regulations will result in parking facilities of sufficient capacity to manage traffic congestion and provide safe and convenient facilities for motorists and pedestrians. B. GENERAL REQUIREMENTS Except as otherwise specified herein, off-street parking for the Newport Ridge Planned Community shall be in accordance with Orange County Zoning Code Section 7-9-145, "Off -Street Parking Regulations". These regulations are incorporated by reference as a 0 part of this Chapter, with the following additions: E 1. Location of off-street parking: Required parking spaces and garages shall be located conveniently close to the use or uses they serve. 2. Common area parking: Common area parking may be approved by a Site Development or Use Permit. 3. Joint -use parking: A reduction in the otherwise required number of parking spaces may be allowed per Chapter VIII-D. NRPC Program C. D. STANDARDS FOR INDIVIDUAL PRINCIPAL USES 9 The following standards establish the minimum parking spaces required for individual principal uses: I. Restaurants Ten (10) parking stalls minimum; or one (1) stall for each 100 square feet of gross floor area up to 4,000 square feet, plats one (1) for each 80 square feet of gross area over 4,000 square feet. 2. Retail and service One (1) parking stall per 200 square feet. commercial stores Parking requirements for mixed -use developments as permitted in the Commercial Village Planning Area are separately addressed in Chapter VIII D below. JOINT -USE OR SHARED PARKING A reduction in the aggregate total of otherwise required parking spaces for principal uses within a mixed -rue development may be permitted for either joint -use or shared parking upon the approval of a Detailed Parking Plan by the County Planning Director or by the Planning Commission in conjunction with a Site Development Permit and/or Use Permit. The approval of a parking reduction due to joint -use or shared parking shall be based on the following findings: Such modification shall not have a negative impact on parking for public recreational uses. 2. Permit approval shall be conditional upon recording with the County Recorder, an agreement executed by all parties concerned in the shared parking arrangement. This agreement shall ensure continued availability of the required number of spaces. MPC Program 0 0 E. EXCEPTIONS AND/OR MODIFICATION TO OFF-STREET PARKING REQUIREMENTS The provisions of this Chapter and Orange County Zoning Code Section 7-9-145, are intended to meet the off-street parking needs for all uses allowed in the Newport Ridge Planted Community. Where, because of the nature of the use involved or other relevant circumstances, the requirements of this Chapter are considered to be excessive, an exception and/or modification to these provisions and those of Orange County Zoning Code Section 7-9-145 may be approved, provided such exception and/or modification is consistent with the purpose and intent of this Chapter: Exceptions and/or modifications to off-street parking requirements set forth in this Chapter and/or Orange County Zoning Code Section 7-9-145 shall be permitted subject to the approval of a Use Permit per Chapter X (Permit Regulations and Procedures). MPC Provrom CHAPTERtK SIGN REGULATIONS A. PURPOSE AND INTENT This Chapter establishes standards for the uniform regulation of signs throughout the Newport Ridge Planned Community. These regulations are Intended to produce a consistency in sign design that reinforces the collective image of the Planted Community. while maintaining flexibility for Individual identification needs. All signs are to be designed, built, and installed according to the requirements given in this Chapter. This Chapter permits adequate signage and seeks to prevent unnecessary and unsightly signs inconsistent with the purpose and Intent of the Planned Community. B. USES PERMITTED Signs, if proposed, shall be included as part of an approved Site Development Permit or Use Permit, or as part of a Sign Program either as part of a permit or as a condition of permit approval. Signs within the NRPC shall conform with Orange County Zoning Code Section 7-9-144, "Signs", except as provided for In the following standards or as otherwise established by an approved Site Development Permit or Use Permit, or a Sign Program as defined in this Chapter: 1. Free-standing (monument) signs: a. In addition to the requirements of Chapter X, applications for free-standing ground (monument) signs shall be accompanied by scale drawings indicating the site, sign copy, colors, method and intensity of illumination, height, sign area and general location of all signs on the building site. One (1) identification free-standing ground sign may be permitted as accessory to a main use for each building site with a street frontage in excess of NRPC Program M~h to" IY 1 ninety-nine (99) feet. Where the building site abuts more than one (1) street, one (1) additional such identification sign is permitted on each additional street frontage that is in excess of ninety-nine (99) feet in length. In no case shall more than one (1) such sign on each street frontage for each building site be permitted. Such signs may identify anchor tenants within the Commercial Village or a neighborhood center, based upon the approved Site Development/Use Permit or Sign Program. b. Temporary signs advertising the sale, lease or rental of the property upon which the sign is located. Such signs shall not exceed a vertical height of twelve (12) feet, a horizontal length of eight (8) feet, nor a total area of thirty-two (32) square feet. C. Temporary signs denoting the architect, engineer or contractor placed on the premises where construction, repair or renovation is in progress. Such signs shall not exceed a vertical height of nine (9) feet, a horizontal length of six (b) feet, nor a total area of twenty-four (24) square feet. d. Signs or bulletin boards customarily incidental to places of religious worship, libraries, museums, social clubs or societies and other public or non-public institutions. Such signs shall not be erected in the public safety area nor exceed a total area of twenty-four (24) square feet. e. Temporary signs advising of future construction on the site upon which the sign is located. Such signs shall not exceed a vertical height of twelve (12) feet, a horizontal length of eight (8) feet, nor a total area of twenty- four (24) square feet. f. Planned Community directional signs. Such signs shall not exceed a vertical height of twelve (12) feet and may identify the Commercial Village. 9. h. I. Planned Community reassurance signs. Such signs shall not exceed a 10 vertical height of ten (10) feet and a horizontal length of four and one-half (4'A) feet and may identify the Commercial Village. Temporary on -site and of[ -site signs in connection with model homes and/or model home sales offices and temporary sales offices established for the first sale of lots, including commercial coaches as indicated on an approved Site Development Permit as follows: 1) In addition to the requirements of Chapter X, applications for such signs shall be accompanied by scale drawings Indicating the type, size, sign copy, colors, height, sign area and location of all signs proposed. 2) Such signs shall not exceed a vertical height of twelve (12) feet, a horizontal length• of eight (8) feet, nor a total area of one hundred (100) square feet. 3) A method and procedure guaranteeing the continued maintenance of such signs and their removal upon expiration or revocation of the sign permit shall be required as a condition of approval of a Site Development or Use Permit in connection with temporary on - and off -site signs. Community facility identification signs. 1) In addition to the requirements of Chapter X, applications for such signs shall be accompanied by scale drawings indicating the type, size, sign copy, colors, method and intensity of illumination (if appropriate), height, sign area, and location. 2) Such signs shall not exceed a vertical height of twelve (12) feet, nor a total area of one hundred (100) square feet. NAPr PMYMM ! j. Community identification signs. 1) In addition to the requirements of Chapter X. applications for such signs shall be accompanied by scale drawings indicating the type. size, sign copy, colors, method and intensity of illumination (if appropriate), height, sign area, and location. 2) Such signs shall not exceed a height of twelve (12) feet, nor a total area of one hundred (100) square feet, except that at entrances to the Planned Community, freestanding architectural identification monuments identifying potentially The Newport Coast as well as The Newport Ridge Planned Community shall not exceed a height of thirty-five (35) feet. Such community identification monuments shall have an area/footprint not to exceed fifteen (15) feet in depth and forty (40) feet in width, as approved by the Site 0 Development/Use Permit, or Sign Program. k. Community event bulletin boards. Such signs shall not exceed a vertical height of twelve (12) feet, nor a total area of one hundred (100) square feet. 1. Intra-community directional signs. Such signs shall not exceed a vertical height of twelve (12) feet, nor a maximum area of one hundred (100) square feet. 2. Wall sitars: Business or identification wall signs shall be permitted for each business or nonresidential use and shall not exceed one (1) square foot of sign area for each linear foot of frontage of the building or portion thereof. The total aggregate sign area for such signs shall not exceed one hundred (100) square feet for each such use. If the building frontage of any such use is less than twenty-five (25) feet, only NRPC Program 3. 4. one sign, having a maximum area of twenty five (25) square feet, shall be permitted for each such use. Automobile service station signs: Signs for automobile service station sites are permitted subject to the following limitations or as indicated on an approved Use Permit. The total area of all signs shall not exceed an aggregate of two hundred (200) square feet on the premises. Notwithstanding the provisions of Chapter IX, only the following signs are permitted: a. One (1) ground sign, not to exceed six (6) feet in height and thirty-five (35) square feet in area, may be located along each street frontage abutting the site. b. Two (2) free-standing, permanently affixed, price signs not to exceed four (4) square feet in area each, provided that on corner sites such signs may be located no closer than one hundred (100) feet from the point of intersection of the abutting streets. C. The maximum size of any sign shalt not exceed one hundred (100) square feet in area. d. Any additional signs shall be placed on or affixed to a structure. C. Advertising devices and advertising displays are prohibited on any service station site. Mall signs: Signs located within malls, courts, arcades, or other enclosed areas where such 40 signs ate not visible from any point on the boundary of the premises, are permitted without limitation to size and number if otherwise consistent with this chapter. NRPC Proormn 0 S. Sion Proorams: 9 A Sign Program for the entire NRPC, the Commercial Village. and/or other Planning Areas requiring a Site Development Permit or Use Permit per Chapter X. may be approved either as a separate Conceptual Site Development Permit or as part of a land use development permit, or may be subsequently submitted to the County Planning Director for review and approval as a condition of permit approval. a. A Sign Program is intended to encourage innovation and latitude in order to achieve variety and an appropriate design. A Sign Program shall comprehensively cover an area within the Planned Community, and maybe approved which establishes Alternative Development Standards. b. A Sign Program shall be processed and approved in the same manner as a Site Development Permit or Use Permit as set forth in Chapter X. C. In addition to the requirements of Chapter X, the application for a Sign Program shall be accompanied by the following documents: I} Coverage area: A map, drawn to scale, delineating the site proposed to be included within the Sign Program. 2) Building elevations: Drawings and/or sketches indicating the exterior surface details of all structures on the site. 3) Signage: Drawings of a uniform scale shall be used to indicate the sign copy size, method and intensity of illumination, height, sign area, and general location of all signs. NRPC Program C. PROMBITED USES 0 i. Signs which incorporate any matirer of mechanical movement, audible elements, flashing or intermittent lighting, or moving or otherwise animated forms. 2. Signs which project above a parapet or roof line, or signs which are located upon or affixed to the roof of a building. 3. Off -premises signs (except for approved directional signs and free-standing monumentlground signs), including signs or graphics applied to parked vehicles for nearby vendor Identification. 4. Signs or graphics, except for addresses, printed directly on the exterior of a building or a temporary construction structure. 5. Landscaping that becomes a sign or message. 6. Graphics printed on or adhered to trash bins or their enclosures. 7. Advertising signs on bus benches. B. Free-standing signs, except as may be provided for in this Chapter or an approved Sign Program. 0 NRPC Program 0 D. GENERAL REQUIREMENTS No free-standing sign or structure shall be permitted closer than five (5) feet of the ultimate street or highway right-of-way line. 2. All illuminated signs or lighting devices shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving lighting or lights. In no event shall an illuminated sign or lighting device be placed or so directed as to permit the beams and illumination to be directed or beamed upon a public street, highway, sidewalk or adjacent premises to cause glare or reflection that may constitute a traffic hazard or nuisance. 3. Intra-community directional signs may be placed in the street or highway right-of- way, subject to approval of a Sign Program by the County Planning Director or upon his referral, by the Planning Commission. 4. Signs shall not constitute a traffic hazard. No person shall erect, maintain, or cause to be erected or maintained any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of the words "STOP," "LOOK," "DANGER," or any other words, phrases, symbols, or characters in a manner to interfere with, mislead, or confuse traffic. twc Program F11. B. C. CHAPTER X PERMIT REGULATIONS AND PROCEDURES PURPOSE AND INTENT Site Development Permits and Use Permits provide community and governmental representatives with an opportunity to review detailed development plans for certain appropriate projects within the Newport Ridge Planned Community, and also provide a method for establishing Alternative (site) Development Standards for these projects. With approval of a Site Development Permit or Use Permit, Alternative Development Standards may be established pursuant to this chapter, which modify the site developmept standards for residential and non-residential uses, without requiring an amendment to the Newport Ridge Planned Community Program as approved by the County of Orange. CONTENT OF APPLICATIONS 40 Applications for Site Development Permits and Use Permits shall be filed with the County Planning Director as provided for in Orange County Zoning Code Section 7-9-150.2, "Applications". PROCEDURES Site Development Permits shall be processed per Orange County Zoning Code, Section 7-9-150.3(d), "Administrative action", unless the County Planning Director, determines that the public interest would be better served by a public hearing before the Planning Commission. In such a case, the Site Development Permit shall be processed per Orange County Zoning Code Section 7-9-150.3(c), Public hearings. 2. Use Permits shall be processed per Orange County Zoning Code Section 7-9- 150.3(c), "Public hearings". NRPC Prorram 3. If Alternative Development Standards are proposed as pan of a proposed Site Development Permit or Use Permit, or if said permit would authorize a principal use not specifically identified as permitted by this PC Program, such Site Development Permit or Use Permit shall always require public hearing before the Planning Commission per Orange County Zoning Code Section 7-9-150.3(c). 4. Site Development Permits and Use Permits shall be approved as precise plans for the location of the uses and structures shown on an approved Site Plan. If minor amendments or changes are proposed regarding the location or alteration of any use or structure, a Changed Plan shall be submitted for approval to the County Planning Director pursuant to Orange County Zoning Code, Section 7-9-150.3. 5. Applications for Site Development Permits and Use Permits may be processed concurrently with a tentative tract map(s), with one environmental review and document (e.g., EIR). At the discretion of the County Planning Director, minor projects which are accessory to, or an expansion of, an existing approved use may be exempted from the requirement for a Site Development Permit or Use Permit. 6. When a project requiring a Site Development Permit or Use Permit is to be developed in phases, a conceptual Site Plan may be submitted and processed in accordance with the procedures contained in this Chapter. A conceptual Site Plan may contain both specific and general data for the project. However, Building Permits will be issued only for those specific components of the Site Plan which have complied with the requirements for detailed Site Development Permits or Use Permits referenced in Chapter X-B. An amendment to a conceptual Site Plan may be necessary in order to provide the detailed information required by Chapter X-B for subsequent phases of the project. 7. When a Site Development Permit or Use Permit Application proposes to establish Alternative Development Standards, the Application shall provide, through the submittal of graphics and/or text, a description of the proposed Alternative Development Standards and how they differ from the baseline standards. In 1VRPC Program 8. 9. addition, the Planning Commission shall consider the following criteria prior to final action on the Site Development Permit or Use Permit. A. General Character. harmony in scale, bulk, coverage and density with surrounding land uses. b. Facilities: The availability of infrastructure facilities to serve the project. C. EW= Mtl Effects: The harmful effects, if any, upon desirable neighborhood environments. d. Traffic: The generation of traffic and its effect on the capacity and character of surrounding streets. e. Noise: The existing and predictable future level and quality of noise the property is subject to, and the noise which would be generated by the proposed use. f. Suitability: The physical suitability of the site for the proposed project. When a Site Development Permit or Use Permit Application proposes to establish Alternative Development Standards, the burden of proof shall be on the project proponent to show how the project will result in an equivalent or better project in terms of minimizing adverse impacts or enhancing public benefits to the immediate and surrounding community, If the Planning Commission does not rind that the Alternative Development Standards meet this criteria, the proposed Alternative Development Standards shall be denied and the permit application shall be revised accordingly. The appropriate County agencies shall ensure that the actual development is consistent with the approved Site Development Permit or Use Permit. Minor deviations from the approved Site Development Permit or Use Permit, as Wpr a.,.,....... determined by the County Planning Director, may be permitted as a Changed Plan without an amendment to the Site Development Permit or Use Permit. 10. Where so specified in Use Regulations for the Commercial Village or a Residential Planning Area, Campanili shall be permitted subject to Planning Commission approval of a Use Permit per Orange County Zoning Code Section 7-9-150 (c), "Public hearings" and shall not be subject to the respective building height limit of the Planting Area, but shall be evaluated by the Planning Commission using the following design guidelines: a. A campanile shall be designed as a Mediterranean architectural accent element; a campanile is not intended to function as an occupiable building or as primary occupiable square footage for a building. b. The permitted height of a campanile shall be based upon historic Mediterranean proportions of height to its base and adjoining building heights. In no case shall a campanile exceed twice the otherwise permitted building -height limit within a Residential Planning Area, or one and one- half the otherwise permitted building -height limit for the Commercial Village. C. The number of campanili within the Newport Ridge Planned Community shall not exceed four (4). d. Campanile design shall have a simple geometrical plan (e.g. square, circular, octagonal, hexagonal, etc.). C. The architectural finish of a campanile should be concrete, plaster, brick, marble, or stone — and both finish and color shall be compatible with adjacent building architecture. f. Campanile roof forms shall be either shallow or steep hip -type, polygonal steeple, pyramidal, or flat depending upon the historical precedent. NRPC Pmrmm g. Location of a campanile shall be based upon topographic and site planning considerations, and may be either attached or freestanding as approved by the Planning Commission. A campanile shall be set back from the Public open Space Dedication Area within Buck Gully a minimum distance equal to 200 percent of its height. h. Each Use Permit application for a proposed campanile shall be accompanied by a visual analysis in a format as determined by the County Planning Director. 0 NRK Proirwn • CHAPTER XI DEVELOPMENT MAP AND STATISTICAL TABLE REGULATIONS AND PROCEDURES A. PURPOSE AND INTENT This Chapter provides regulations and procedures for progressive amendments to the Planned Community Development Map and the Planned Community Statistical Table, which are anticipated with more detailed site planning and engineering of individual Planning Areas and land use projects. Procedures for the adoption and future amendment(s) to this NRPC Program are set forth in Orange County Zoning Code Section 7-9-103.9, "Adoption and amendment procedures", and incorporated into this PC Program as follows: 1. Adoption — A PC Program is initially processed and adopted per Section 7-9-155, except that the PC Development Map and Statistical Table are adopted by resolution of the Board of Supervisors while the PC Text, Zoning Map, and Statistical Summary are adopted by County Ordinance. 2. Amendment — After the PC Development Map and Statistical Table have been adopted by the Board of Supervisors, it may be amended by the Planning Commission per Section 7-9-150.3 (c), "Public hearings". However, if an amendment would change a policy approved by the Board of Supervisors, the Planning Commission shalt make a recommendation and forward the proposed amendment to the Board for final action. B. PLANNED COMMUNITY DEVELOPMENT MAP The Planned Community (PC) Development Map (see Appendix B) covers all the territory included within the Planned Community Zoning Map (See Appendix A). The PC Development Map identifies Planning Areas and corresponding uses, along with other planning information. NRPC Program C. PLANNER COMMUNITY STATISTICAL TABLE The Planned Community (PC) Statistical Table contains the statistical breakdown for each of the Residential, Commercial Village, and Recreational Planning Areas shown on the Planned Community Development Map. The residential density categories on the PC Statistical 'Cable, together with the nonresidential land use categories, shall coincide with the designations on the PC Zoning Map and the land use categories indicated on the PC Development Map. An Planning Areas which allow for residential uses shall be developed consistent with the maximum number of dwelling units indicated for the Planning Area in the PC Statistical. Table. The estimated gross acres and estimated dwelling units shown in the PC Statistical Table shalt be revised only in accordance with the requirements contained in this Chapter. No amendment to this PC Development Map and/or PC text shall be required for the purpose of changing the estimated number of dwelling units or the estimated acres assigned to a Planning Area in the PC Statistical Table, provided: 1. The change proposed is consistent with the adopted PC Zoning Map and Statistical Summary. 2. The proposed change does not exceed the maximum number of dwelling units assigned to any Planning Area; and 3. The proposed change does not result in an increase in the maximum number of dwelling units permitted in Newport Ridge Planned Community (2,550 dwelling units). Is WC PrOMM D. PROCEDURES FOR REVISIONS TO THE PC DEVELOPMENT MAP AND STATISTICAL TABLE Revisions to the PC Development Map and Statistical Table are permitted in accordance with the following procedures: 1. All revisions to the PC Development Map and Statistical Table shall be consistent with the PC Zoning Map and Statistical Summary contained in Appendix A. Revisions shall be consistent if they meet the requirements of this Chapter. 2. All Planning Area boundary Iines and acreages identified on the PC Development Map and Statistical Table are estimates based upon current information and a generalized level of mapping. Refinements to the Planning Area boundaries/acreages are expected to occur with future project design and more detailed mapping and engineering. For this reason, Planning Area boundary lines and acreages shown on the PC Development Map and Statistical Table contained in Appendix B may be refined without amending the body of this PC text, when more accurate information becomes available and is submitted with future Permit Applications and/or Tentative Tract Maps. 3. Any proposed revision to increase estimated dwelling units in one or more Planting Area(s) shall be offset by a corresponding decrease in another Planning Area(s), so that the maximum number of dwelling units shown on the PC Statistical Table does not exceed either the maximum 2,550 dwelling units for the entire Planned Community, or the maximum dwelling units shown on the Statistical Table for each respective Planning Area. 4. Any proposed revision to reallocate the estimated number of dwelling units and/or the estimated gross acres assigned from one Planning Area to another Planning Area by more than ten (10) percent shall be approved by the Planning Commission. Revisions of ten (10) percent or less shall be deemed administrative refinements, and may be approved by the County' Planning Director. Any change to the maximum dwelling units allowed in any Planning Area or the maximum square NRPC Pro¢ram footage within the Commercial Village shall be approved by the Planning 0 Commission. 5. No proposed revision to the PC Development Map shall be approved which would reduce the gross acres proposed for Planning Areas 17 and 18 (Buck Gully Open Space Dedication Area) or other required parks/recreation areas. The proposed Buck Gully Dedication Area, like other Planning Areas, is gross acreage, which Includes roads and arterial highways, grading, and permitted Improvements. It is not intended that the total 54 acres within PAs 17 and 18 be natural open space, 6. Any proposed revision to the PC Development Map and Statistical Table shall be accompanied by a Site Development Permit application, Use Permit application,, and/or Tentative Subdivision Map application. 7, Any proposal to reallocate the estimated number of dwelling units, and/or the estimated gross acreage assigned to land uses from one Planning Area to another Planning Area shall require submittal of the following information: a. The proposed graphic revision to the PC Development Map reflecting thhe proposed changes to the PC Statistical Table. b. An analysis of the proposed changes with the PC Zoning Map and Statistical Summary. C. A summary of 1) the number of units previously approved on all Tentative and all recorded Final Subdivision Maps, and 2) the number of units under construction or constructed at the time of the proposed PC Statistical Table revision. d. Identification of the ownership of the Planning Areas to be affected by the proposed PC Statistical Table revision. 0 &W Pe' Prnerpm C_1 e. Any additional background and/or supporting information which the County Planting Director, deems necessary. 8. Unless otherwise determined by the Planning Commission, Appendix B of this PC Program document shall serve as the location for any future revisions to the Newport Ridge Planned Community Development Map and Statistical Table, as they may be approved by the Orange County Planning Commission. NRPC Pmornm 0 The meaning and construction of words, phrases, tales, and terms used In this Planned Community Program shall be the same as provided In Orange County Zoning Code Section 7.9-21. except as otherwise provided in this Chapter. IMPORTANT NOTE. Definitions following a single asterisk (*) are in addition to or different from she defttnidons contained in the Orange County Zoning Code; those following a double asterisk (**) are used in the Newport Coast Planned Community District Regulmions, Chapter 12 (Definitions), and apply only to NRPC Planning Areas 13, 14, and 15. . **Bedroom: Any habitable room other than a bathroom, kitchen, dining room, living room, family room or den. **Buildina Heitilu Building height shall be treasured per the Orange County Zoning Code, except that Planning Areas 13, 14, and 15 which adjoin The Newport Coast Planned Community shall use the definition of Building Height contained in The Newport Coast PC District Regulations. *Campanile: A vertical architectural element (plural: campanili) historically serving as the bell tower or belfry in Italian hillside communities along the Mediterranean Sea. As the key landmark element of Mediterranean architectural design, the campanile may be attached or detached from the building to which it belongs, and is often articulated near the top of the tower with arched or rectilinear openings, a sloping roof, and additional cupola, tile or other ornamentation. *Commercial Recreation: Facilities and associated accessory uses subject to the site development standards of the Orange County Zoning Code Section 7-9.91.5. This includes athletic clubs, golf course clubhouses, tennis clubs, and their ancillary retail sales and/or dining areas. *Community Information Center: A temporary structure principally used as an information pavilion and/or office for the sale of homes in the community and including parking and administrative facilities. NM Program v...n ,nnn v,. . *Community service Facility: A for -profit commercial or nonprofit use established primarily to service the immediate population of the community in which it is located. **Grade. Finished: The level of the ground surface surrounding a building. *Gross Area: The entire land area within the boundary of a project, measured to the centerline of any abutting arterial highways. *Gross Residential Density: The density of a residential.project computed by dividing the total number of dwelling units in the project by the gross area of the project. *Intra-community Directional Sign: A permanent or temporary sign, intended to give directions to any community or project location, including highway and street directionals as well as those within a major project. These include a) signs placed along major roadways leading to individual projects to provide reassurance directions to the public; and b) signs placed along interior streets to 40 provide directions to specific residential neighborhoods, facilities, or amenities. 0 *Joint -Use of Parking: The shared use of off-street parking facilities by more than one type of land use. The same parking spaces are counted to satisfy the off-street parking requirements of more than one land use (e.g., use of the same parking facility to satisfy the off-street parking requirements of a place of religious worship and an office building). **Residential Duplex: Refers to a residential development where two dwelling units are permitted on one building site. Residential duplex includes planned concept subdivisions and cluster developments, either as conventional subdivisions or planned developments. **Residential Multiple -Family: Refers to any residential development wherein the minimum number of permitted dwelling units on one building site is three (3) or more. Multifamily residential includes multifamily dwellings, apartments, condominiums and stock cooperative projects. mmPr n,..,...,.,. **Residential Single -Family: Refers to any residential development wherein each dwelling unit is situated on a residential lot of record and no lot contains more than one dwelling unit and, where permitted, a caretaker's or employee's quarters. Single-family.residendal includes atuched and detached single-family dwellings, planned concept subdivisions, cluster developments, tither as conventional subdivisions or planned developments. 0 NRPC Pro;ram .1...1. .AA. .... CHAPTER XIII Note: The following Legal Description of Tentative Tract No. 13455, originally prepared by Williamson and Schmid, Consulting Civil Engineers and Land Surveyors, noted 89139 (A) and dated 01-31-90, text revised 10-31-90, course data revised 14-91. sketch revised 4-9- 90, course data and sketch revised by CDC Engineering 4-3-98, is the legal description for the Newport Ridge Planned Community. NRPC Program NEWPORT RIDGE PLANNED COMMUNITY LEGAL DESCRIPTION THAT PORTION OF BLOCKS 91. 97, 98, 128. 129, AND 134 OF IRVINE'S SUBDIVISION IN THE COUNTY OF ORANGE. STATE OF CALIFORNIA; AS SHOWN ON THE MAP RECORDED IN BOOK 1. PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "NORTH 13. 30' 32" WEST 2148.68 FEET" ON RECORD OF SURVEY NO.88-1069 FILED IN BOOK 120, PAGES 36 THROUGH 41 OF RECORDS OF SURVEYS IN THE OFFICE OF SAID COUNTY RECORDER FOR A PORTION OF THE BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO.70 IN RESOLUTION NO. 73I1 OF THE CITY COUNCIL RECORDED DECEMBER 2, *1970 AS INSTRUMENT NO. 1442 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER, SAID TERMINUS BEING ALSO IN THE EASTERLY PROLONGATION OF THAT CERTAIN COURSE SHOWN AS "NORTH 87'34' 11" WEST 205.00 PEET" FOR A PORTION OF THE SOUTHERLY LINE OF TRACT NO.7944 AS SHOWN ON THE MAP RECORDED IN BOOK 314, PAGES 27 THROUGH 38 OF MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY RECORDER. THENCE TRAVERSE THE FOLLOWING COURSES: 1. ALONG THE PROLONGATION OF SAID SOUTHERLY LINE N 87' 34' 12" W 422.02 FEET; 2. ALONG SAID SOUTHERLY LINE N 87° 34' 12" W 205.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1940.00 FEET; 3. WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14' 24' 32", AN ARC DISTANCE OF 487.88 FEET; 4. N 73' 09' 40" W 1316.69 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2060.00 FEET; 5. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25' 59' 01", AN ARC DISTANCE OF 934.21 FEET TO THE PROLONGATION OF THAT CERTAIN COURSE SHOWN AS "N 9008'40" W (RAD) 60.00 FEET" FOR A PORTION OF THE EASTERLY LINE OF TRACT NO.7247 AS SHOWN ON THE MAP RECORDED IN BOOK 278, PAGES 21 THROUGH 25 OF MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY RECORDER; 6. THENCE ALONG SAID PROLONGATION AND SAID EASTERLY LINE S 09' 08' 41" E 120.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 09'08'41" W; CONTINUING ALONG SAID EASTERLY LINE THE FOLLOWING COURSES: 7. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81' 54' 20", AN ARC DISTANCE OF 35.74 FEET; 8. S OI* 03' 01" E 139.26 FEET; 9. S 49' 15' 31" E 444.14 FEET; 10. N 07' 47' 37" E 223.90 FEET; 11. S 73' 59' 30" E 2559.23 FEET; NRPC Progroat March 1998 602159.000 Page i of 6 0104ALWO 0 0 12. N 90900'00" E 679.33 FEET TO THE NORTHERLY LINE OF THAT LAND DESCRIBED IN A DOCUMENT TITLED 'IRVINE COAST PLANNED COMMUNITY" RECORDED DECEMBER 9, 1987 IN INSTRUMENT 87-680859 OF OFFICIAL RECORDS OF ORANGE COUNTY; THENCE TRAVERSING ALONG SAID NORTHERLY LINE THE FOLLOWING COURSES: 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. N 63" 00' 52" E S 86° 27' 36" E N 79" 17' 24" E N 87" 09' 28" E N 76" 05' 15" E N 57" 17' 39" E N 65" 01' 27" E N 86" 59' 22" E N 880 54' 33" E S 76° 09' 08" E S 78" 53' 26" E S 88° 34' 25" E S 810 27' 48" E 190.96 FEET; 465.31 FEET; 1036.87 FEET; 1338.73 FEET; 328.20 FEET; 446.57 FEET; 434.01 FEET; 553.17 FEET; 863.22 FEET; 668.82 FEET; 404.48 FEET; 1138.24 FEET; 968.88 FEET; THENCE TRAVERSING ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES: 26. S 899.22' 08" E 2576.65 FEET TO THE INTERSECTION WITH THE SOUTHERLY LINE OF PARCEL 10086-1, AS SHOWN IN THE OFFER OF DEDICATION, RECORDED MARCH 16, 1993, AS INSTRUMENT NO.93-0174937, OF OFFICIAL RECORDS; 27. N 10009'00" W 105.59 FEET; 28. N55008'59" W 309.62 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 3432.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 34*51'02" E; 29. WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05028'49", AS ARC DISTANCE OF 328.27 FEET; 30. N 57" 29' 12" W 112.46 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 3440.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 29°22'13" E; 31. WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04032'39, AN ARC DISTANCE OF 272.83 FEET; 32. N 67" 39' 36" W 73.89 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 3440.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 21 "43'30" E; 33. WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04"33'45", AN ARC DISTANCE OF 273.93 FEET; 34. N 68" 02' 43" W 119.25 FEET; 35. N 74° 40' 52" W 467.64 FEET; 36. N 79" 33' 01" W 982.26 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 3087,00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS S 11034'18" W; 37. WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°33'11", AND ARC DISTANCE OF 694.50 FEET; NRPCProBrom 602159.000 Pant 2 of 6 March 1998 CA1l-Lm wPO THENCE LEAVING SAID SOUTHERLY LINE 0 38. S 240 17' 18" W 908.38 FEET; 39. S 850 55' 28" W 187.61 FEET; 40. N 74" 53' 40" W 300.27 FEET; 41. N 710 42' 54" W 315.34 FEET; 42. N 67" 54' 06" W 326.08 FEET; 43. N 710 42' 55" W 244,92 FEET; 44. N 84" 42' 47" W 262.45 FEET; 45, S 89" 58' 37" W 332.85 FEET; 46. N 400 27' 47" W 289.17 FEET; 47. S 70r 59' 29" W 123.00 FEET; 48. S 730 39' 29" W 77.00 FEET; 49. S 81 r 29' 29" W 81.00 FEET; 50. N 834 00' 31" W 95.00 FEET; 51. N 64° 00' 31" W 103.00 FEET; 52. N 544 00' 31" W 86.00 FEET; 53. S 84° 19' 29" W 170.00 FEET; 54. S 546 19' 29" W 188.00 FEET; 55. S 70° 59' 29" W 110.00 FEET; 56. N 856 00' 31" W 115.00 FEET; 57. N 72" 50' 31" W 136.00 FEET; 58. N 58r 50' 31" W 71.00 FEET; 59. N 489 30' 31" W 60.00 FEET; 60. N 820 06' 35" W 60.00 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2940.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS S 82°06'35" E; 61, NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03" 30' 25", AN ARC DISTANCE OF 179.95 FEET; 62. N 72" 35' 09" W 177.41 FEET; 63. S 51° 46' 28" W 135.00 FEET; 64, N 72" 45' 08" W 77.84 FEET; 65. N 160 13' 32" W 170.00 FEET; 66. N 650 43' 32" W 130,00 FEET; 67. S 74° 16' 28" W 48.W FEET; 68. N 65" 43' 32" W 80.00 FEET; 69. N 390 31' 41" W 69.89 FEET; 70. N 48° 44' 35" W 759.25 FEET; 71. N 786 41' 24" W 40.00 FEET; 72. S 69.48' 36" W 190.00 FEET; 73. S 87° 43' 06" W 130.07 FEET; 74. N 680 16' 31" W 85.00 FEET; 75. S 65" 13' 29" W 92.00 FEET; 76. N 500 19' 56" W 256.00 FEET; 77. S 67r 40' 04" W 130,00 FEET; 78. N 500 19' 56" W 30.00 FEET; 79. N 07" 54' 47" W 170.16 FEET; 80. N 500 19' 56" W 60.00 FEET; 81. N 28r 51' 20" W 559.48 FEET; 82. N 55° 40' 11" W 496.50 FEET; NRPCProamm Mardi lm 602159 000 Part 3 of 6 dilu m 93. N 24" 04' 07" W 40.08 FEET TO THE BEGINNING OF CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 165.00 FEET; 84. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30" 46' 46"AN ARC DISTANCE OF 88.64 FEET; 85. N 06° 42' 39" E 201.85 FEET; 86. N 010 30' 08" E 32,84 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 180.00 FEET; 87. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 440 44' 15". AN ARC DISTANCE OF 140.55 FEET; 88. N 430 14' 07" W 143.41 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 130.00 FEET; 89. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 08' 55".AN ARC DISTANCE OF 45.72 FEET; 90, N 23a 05' 12" W 260.19 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 270.00 FEET; 91. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12° 49' 53", AN ARC DISTANCE OF 60.47 FEET; 92. N 10° 15' 19" W 280.84 FEET TO THE BEGINNINGOF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 240.00 FEET; 93. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 29' 55", AN ARC DISTANCE OF 43.98 FEET; 94. N 20° 45' 14" W 28.69 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 490.00 FEET; 95. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 08, 55", AN ARC DISTANCE OF 223.63 FEET; 96. N 05" 23' 41" E 131.08 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 645.00 FEET; 97. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 150 38' 31% AN ARC DISTANCE OF 176.09 FEET; 98. N 109 14' 50" W 82.98 FEET; 99. N 060 32' 18" W 88.43 FEET; 100. N 03" 07' 13" E 36.96 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 380.00 FEET; 101. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23" 46' 38", AN ARC DISTANCE OF 157.70 FEET; 102. N 26° 53' 51" E 97.79 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 100.00 FEET; 103. ALONG SAID CURVE THROUGH A CENTRAL ANGLE 140 07' 27"AN ARC DISTANCE OF 24.65 FEET; 104. N 120 46' 24" E 215.68 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 190.00 FEET; 105. ALONG SAID CURVE THROUGH A CENTRAL ANGLE 290 59' 18" AN ARC DISTANCE OF 99.45 FEET; 106. N 170 12' 54" W 161.71 FEET; 107. N 19° 20' 06" W 658.65 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 85.00 FEET; 108. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 56' 49"AN ARC DISTANCE OF 40.00 FEET; 109. N 04" 01' 16" E 11.06 FEET; 110. N 27" 47' 46" W 76.57 FEET; M?PC Program March 1998 6OVS9.000 Page 4 of 6 ar13..WP° 111. N 05' 13' 15" W 90.06 FEET; TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 327.63 FEET; 112. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19' 05' 120AN ARC DISTANCE OF 109.14 FEET; 113. N 24' 18'27" W 211.22 FEET; 114. N 39027' 13" W 60.61 FEET; 115. N 29035'09" W 271.06 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 480.50 FEET; 116. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16' 40' 40"AN ARC DISTANCE OF 139.86 FEET; 117. NON -TANGENT TO SAID CURVE, N 2804222" W, 148.04 FEET, TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 200.00 FEET: 118. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22' 04' 38"AN ARC DISTANCE OF 77.06 FEET; 119. N 06037'44" W 65.74 FEET; 120. S 83'22'16" W 9.19 FEET; 121. N 0603744" W 10.05 FEET; 122. N 83022'16" E 9.19 FEET; 123. N 06037'44" W 35.03 FEET; 124. N 06028'50" W 89.81 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 264.03 FEET; 125. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27058'300AN ARC 126. DISTANCE OF 128.91 FEET; N 28020'53" W 29.74 FEET, 127. N 1804749" W 80.68 FEET; I28. N 39'48'53" W 44.27 FEET; 129. N 55'25'10" W 121.06 FEET; 130. N 05048'21" W 220.55 FEET; 131. N 30'55'07" E 37.54 FEET; 132. N 43°32'39" E 81.42 FEET; 133. S 88'14'37" W 112.58 FEET; 134. N 68'S4'08" W 223.59 FEET; 135. N 81'29'27" W 249.13 FEET; 136. S 8602443" W 365.31 FEET; 137. N 50002'10" W 245.27 FEET; 138. S 75006'34" W 76.01 FEET; 139. N 29'21'31" W 23.59 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1902.75 FEET, A RADIAL BEARING THROUGH SAID CURVE BEARS N 28'54'25" W; 140. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04' 16'44" AN ARC DISTANCE OF 142.10 FEET; 141. S 65'22' 19" W 34.51 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1870.07 FEET; 142. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08001'53" AN ARC DISTANCE OF 262.14 FEET; 143. NON TANGENT TO SAID CURVE S 31009'45" W 45.90 FEET; 144. S 75'19'53" W 60.00 FEET; 145. N 60'29'58" W 45.90 FEET; 146. S 20051'04" E 38.53 FEET; 147. S 31027'36" E 74.18 FEET; NRPCProgmro March 1998 602159.000 Pore 5 of 6 CRIUM ro 148. S 66°59'42" E 77.04 FEET; 149. N 87°03'05" W 79.70 FEET; 150. N 88014'22" W 57.60 FEET; 151. S 66051'32" W 354.66 FEET; 152. S 31 "58'31" W 51.16 FEET; 153. S 54036'57' W 17.56 FEET; 154. N 08°02'29" W 61.67 FEET; 155. N 09032'06" W 118.87 FEET; 156. S 88°20'57" W 96.27 FEET; 157. N 06046'43" E 48.80 FEET; 158. S 47022'18" W 243.71 FEET; 159. S 11"59'05" E 321.93 FEET; 160. S 34°44'15" E 535.70 FEET; 161. S 08033'28" E 773.60 FEET; 162. S 390 54' 23" E 397.56 FEET; 163. S 100 04' 52" E 719.06 FEET; 164. N 46° 54' 09" E 164.42 FEET; 165. N 540 10' 37" E 74.00 FEET; 166. N 280 48' 52" E 140.12 FEET; 167. N 82" 42' 50" E. 340.72 FEET; 168. S 070 17' 10" E 85.38 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET; 169. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 810 IT 01"AN ARC DISTANCE OF 141.87 FEET; 170. S 88° 34' 11" E 289.10 FEET; 171. S 070 26' 15" E 820.26 FEET; 172. S 32° 34' 48" E 1465.88 FEET; 173. S 12' 50' 53" E 680.00 FEET; 174. S 690 42' 41" W 270.27 FEET; 175. S 860 11' 29" W 222.77 FEET; 176. N 230 38' 49" W 437.65 FEET; 177. S 77" 09' 07" W 40.00 FEET; 178. S 460 16' 43" W 309.17 FEET; 179. S 120 12' 46" W 1024.86 FEET; 180. S 130 30' 32" E 2148.68 FEET TO THE POINT OF BEGINNING. SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. ROBERT OZIBKO L.S. 4666 CDC ENGINEERING twc Program 602159.000 Page 6 of 6 March 1998 CHIJdaLWPD NOMTtN Y I9E Of MIST. K 88-17299 AND MIST. K 67-68 VYWTRTT "R" :V EV 12/19/97 0,\JW\1994\94599\MAPPW\E1MiDMC LEGEND CXIMEMYAPPRONEDWAUM a.sdoe.ttw+ • Sr.voirM�Petl • Wl+.dtloNadglora�� • Mwgat W�/brnd WfwYiy ® PP.OPO$MADOffXXMG VDNG iarotw.c.wbv.KYAM x.penfrgp.rrrreWNMN* FUELMODff1OA'f10MAHEAS Mort WftdW�FVArrfwrCP�rrrr ud*"WlpkW paripwbwrrrr '�♦ WdrlGrmaOo �}- :g. P1. 't.�. 4.•rV e: �*:. tif�'�i•,♦ .�''Ll:^}' - rarv.+— r." 3. n '}: --- F:1.": uJ.y^r. ^:: �.YF\i:.'..b..ti f'^.v� �•. �'' ��..•�.r. - �:'• .'w' .R r:.i ;Y : \� 3 C' „•eitltfi/f0orri � �YwyyCyfwre'%i •'' :-tom :�--+c_` � `r '; ' . •- . HG=mMIIYM'w • ®0 Ii�C r�••� •' c 0cow. >4 '^':;~ y.•y1: 1 ♦ i •�• •mot• •� i • � S � • Y �J9Ci'-�V' 0 7HemriEamPAWtt i 9 APPENDIX A PLANNED COMMUNITY ZONING MAP AND STATISTICAL SUMMARY 9 PLANNED COMMUNITY STATISTICAL SUMMARY enrvu.o ve[ om�ta enuKww ...nr w saes a—�w awe. N eee e..r. lelKlfl6 W �M/VMp�ye W�YM /4+e 0.rFe wY iM MIw+At+Y 4YWe Ia.Mr w�i.re Cw� wrrnr�.rr Yewy IN Me[ 4� 7A� 0.�K M �eW e� Ys tY •rW� • t.+wr.r xia w wwr+� ew. w,. FRIO LEGEND PCy KAMMOM&MY DMTW Q Pnwosraa"mw t1i�W Y�wi�eYwelYeMieebiM �� OMIIIIniY�.� Ye "19do r�tlY�MtYrweYtlior PLANNED COMMUNITY ZONING MAP wpm eio.crew moo kwm ai 7TTfeTfiHwEMMWff Cr �IOTIVT� r 11 APPENDIX B PLANNED COMMUNITY DEVELOPMENT MAP AND STATISTICAL TABLE 0 0 2p oi.ro.r I..IYa�ry.r .ems• •'�1:-:. _. ._ . 4W. Q T 1 • Ih A .0 •• • Mkt tilt }rlr�3 Q aASSIBIMTAAL O P OOLS9E ABtURY D POIESrATtAFIFE O POTENrALVIEWPARK Q POTEMWLLWALPM EHIPOTENWLSBVAM STATmum l..=tONPOWCOMP.Q lo—BEOLLATUNS ClOMSPACE 0MATKNAFEA (S11N.1W1ClRIHusnom ��YtY��irM�,1�111113irwr bla Yrr�rrcn.�.a eY. • F J � • •� �..•.�%.gip •'h � Y. � � l'fI •s LAID USE AND CIRCULATION COMPONENT PLANNED COMMUNITY DEVELOPMENT MAP �aanoocw�a000rwwx 7HEi ma*IFAWY # imRvurEa*MAM LEGEND • VwkW Entry Tm (3 OMSPMTM i M...piwrrawwYlw O�rw. •�CnngSnNTtw JRATn Mmsft ItiM7�Y.YYIIM.OW.�Y� gY�)/�.WMM W�/�M �FY)I►k116C�0f1 EMWp str"T"sKkwQxwT" drMWr.�+n� MW �IEMq�1ld GnudooNr �Vwenl'r�MT(M F?3Es�4np PYM WYMI 4Ac aEmylV" F3krkrslope Pa*v • � t� r rw r 1 1 f _ t In s.v _ CONCEPTUAL LANDSCAPE AND FUEL MODIFICATION PLAN e+c�xom lwc;E nAwrtn toura++rn RON^' E-VWMErlLocAL Poll I w w MCI I Exhibit C-3 STREET SECTIONS THE G�NNE aD11f113AN1f NtwPoar ArooE rywr�o coM►Mxurr NOT E � M n i LldlttCY[{.O1 LWAN'AMOr aar. E-pyE-STREETSiCUL•DE-SAC aw:l wwt F "r STREET/ COMMERCIAL COLLECTOR pill a COn t KULL vul G, NEWPORT COAST DRIVE Exhibit C-4 STREET SECTIONS NEWPORT RIDGE PLANNED COMMUNITY miewmaoneAaw NOTT l�►r� vMOI I/M a•A AJrA4 sw.rr0 craw W AW004,409A Aj"n &4 Ntf v,"gw ' —� �/N!4 AARIYr/CN/Ov iAVt� • t,Vy,�AIIY ItirlOwAf �• M4tNY.rJP .� mere �arr`t , . wwxl 11 Exhibit C-5 i FUEL MODIFICATION SECTIONS THEIRvweODMF� w NE1M'OHTRIDGE !+CANNEDOOMMI�MIY �T� Norte" TG'rc-, FOP^ 0 C] The northern side of Newport Ridge Drive West, which skirts the outside of the County's Coyote Canyon Landfill, will accommodate a meandering trail within a 25-foot-deep landscaped area. Project -level Landscape Plans shall be prepared for each development project consistent with these Exhibits and shall be submitted for approval with applications for Site Development Permits, Use Permits, and/or Tentative Tract Maps. C. CONCEPTUAL FUEL MODIFICATION COMPONENT Development planning areas of the NRPC adjoin natural open space areas of Buck Gully and Coyote Canyon in several locations as illustrated on Exhibit C-1. In these areas it will be necessary to provide fuel modification to protect development from wiidiand fire hazards. In general, fuel modification areas are required between combustible structures and large contiguous areas of chaparral and coastal sage scrub vegetation. Such fuel modification may utilize native and naturalized plant materials to provide a visually gradual transition from residential edges to natural open space areas. A combination of fuel modification methods may be used within the NRPC, including Conventional Fuel Modification and Expanded Wet Zones. Conceptual cross -sections for fuel modification areas are shown on Exhibit C-5. These techniques will be implemented within a zone approximately 150 feet in depth, plus a minimum 2040ot-deep setback for combustible structures. The methods are described as follows: (the specific dimensions will be determined by the Orange County Fire Authority during review of Project -level Fuel Modification Plans). 1. Conventional Fuel Modiacation Technia= — include removing highly flammable vegetation, thinning combustible but slow burning vegetation, and adding low fuel -volume, fire-resistant vegetation. Irrigation is provided within an area approximately 50 feet from structures. NRPC Program March 1998 C2 NR.PCP.WPD 2. Expanded Wet Zone Concepts -- consist of providing a new planting zone generally up to 150 feet deep that is irrigated. Species of plant material are selected that resemble and/or complement plants occurring in the natural areas adjacent to proposed development. These plants are fire-resistant, drought -tolerant natives or ornamentals, and are irrigated to keep their moisture content high to provide fire resistance. An Expanded Wet Zone can provide a gradual transition from native species of plant material to those that are introduced and extend up to building pads. Trees can be used sparingly to protect views of buildings near slope toPs• A preliminary Fuel Modification Plant List for those areas where new plant materials are proposed within or adjacent to the NRPC is provided on the following pages. Specific fuel modification plants, including those species not specified on the Fuel Modification Plain, List, shall be approved by the Orange County Fire Authority as pan of the review of Project -level Fuel Modification Plans. Project -level Fuel Modifications Plans shall be submitted for approval with applications for Site Development Permits, Use Permits, and/or Tentative Subdivision Maps abutting Recreational (i.e., open space) Planning Areas. Formal approval of Final Fuel Modification Plans shall be jointly by Orange County Fire Authority and Orange County Planning and Development Services Department. 10 0 HRPC Program March J998 C-3 N".iVd FUEL MODIFICATION PLANT LIST The following plant materials have been selected for their resemblance to plants occurring in the natural areas surrounding the Newport Ridge Planned Community and are proposed for use in Fuel Modification Areas. (Plant materials of similar character may be selected to substitute those listed below, subject to future soil testing and plant availability.) Trees: Arbutus unedo Eucalyptus citriodora Eucalyptus cladocalyx Heteromeles arbutifol'ta Quercus ilex Quercus suber Shrubs: Strawberry Tree Lemon -scented Gum Sugar Gum Toyon Holly Oak Cork Oak Baccharis pilularis Coyotebush Carissa grandiflora Natal Plum Ceanothus spp. Ceanothus species Cistus spp. Rockrose Coprosma kirkii Coprosma Myoporum debile Myoporum Pittosporum ' Wheelerii' Wheeler's Dwarf Rhamnus califotnica Coffeeberry Rhus integrifolia Lemonadeberry Rhus Sugarbush Groundcover and Vines: Atriplex semibaccata Australian Saltbush Baccharis P.'Prostrate' Prostrate Coyote Bush Bromus mollis Blando Brome Carpobrotus edulis Hottentot Fig Iva hayesiana Hayes Iva Lotus scoparius Deerweed Myoporum p. 'Pacifica' Prostrate Myoporum Plantago sempervirens Plaintain Salvia sonomensis Creeping Sage WC Program March 1998 C-4 mpcp.nd ifydroseed Mix (Non -irrigated): Atriplex semibaccata Bromus mollis Eschscholzia californica Festuca megalura Lupins succulentus Lotus scoparius Plantago insularis Plantago sempervirens Sdpa lepida Stipa pulchm Australian Saltbush Blando Brome California Poppy Zorro Fescue Arroyo Lupine Deerweed Planntain Plantain foothill Sdpa Purple Needlegrass L ri f 0 NRPC Program March IM C-S mr".+Yar /7 `� lPwLAvA u lAffordable dousing Implementation Plan The San Joaquin Hills Planned Community Prepared for: Orange County Environmental Management Agency Advance Planning Division Submitted by: Coastal Community Builders October,1995 K I .tkffordable.Housing Implementation The San Joaquin Hills Planned Community APPROVED Joan Golding, Manager EMA - Advance Planning Division County of Orange Prepared for: Orange County Environmental Management Agency Advance Planning Division and Coastal Community Builders (The Irvine Company) Prepared by: FORMA 3100 Bristol Street, Suite 100 Costa Mesa, California 92626 October,1995 TABLE OF CONTENTS Section Title Page A. INTRODUCTION 1 ❑ Overview 1 ❑ Background 1 ❑ Purpose of the AHIP: First Amendment B. IMPLEMENTATION PLAN 3 ❑ Introduction 3 C. PROGRAM REQUIREMENTS/ PROCEDURES 6 ❑ Introduction 6 ❑ Monitoring 6 ❑ Apartment Certification Program 7 ❑ Amendment Procedures 9 D. APPENDIX 10 ❑ Sample Housing Program Report ❑ Annual Affordable Housing Report ❑ Advertisement of Affordable Housing Units ❑ Advertising Program Summary ATTACHMENTS Exhibit/Attachment Number Title Following Page 1 San JoaquinHills Planned Community Project Location Map 1 1 San Joaquin Hills Implementation SummaryTable 6 FORMA October, 1995 IJ . •" . SAN JOAQUIN HILLS PLANNED COMMUNITY Affordable Housing Implementation Plan - First Amendment Page i A. INTRODUCTION OVERVIEW The Housing Element is the comprehensive statement by Orange County government to the public of its broad and specific commitments to facilitate the development of housingin the unincorporated area. These commitments are expressed within an integrated framework of goals, policies and programs. The goals of the element are primarily based on state law, assessment of shelter needs and identified opportunities for and constraints on the development and improvement of housing. A key component of the County's overall housing strategy is to encourage the production of market -rate housing that is affordable to households with incomes of 120% or less of the County median income. The main objective of the County's Housing Opportunities Program is the production of 25% of all new housingunits within the affordable category. Of this goa1,10% is designated for Households earning80% or less of the median County income ("Low"), 10%a is designated for households earning 81% to 100%a of the County median income ("Moderate I") and the remaining57 is designated for households earning between 101% and 120% of the County median income ("Moderate II"). In 1979, the County adopted the Inclusionary Housing Program (IHP), which essentially required developers to provide 25% of all new dwelling units within the affordable income category (i.e., 120% or less of the County median income). In1983, the IHP was replaced by the Housing Opportunities Program (HOP), which phased out mandatory requirements over a three-year period in favor of voluntary compliance with affordable housing objectives. BACKGROUND The 372-acre San Joaquin Hills Planned Community (SJHPC) is adjacent to and northwest (inland) of the larger 9,432-acre Irvine Coast Planned Community (ICPC) as shown on Exhibit 1, Location Map. The SJHPC shares a 2.7-mile boundary with the ICPC and is bordered on the north and east by unincorporated areas of the County of Orange, on the south by the ICPC and on the west by the City of Newport Beach (Spyglass Hill and other adjacent residential areas). The San Joaquin'Hills Transportation Corridor (currently under construction) lies to the north of the Planned Community. San Joaquin Hills Road generally bisects the length of the SJHPC, west of Newport Coast Drive. A General Plan Amendment (LUE 91-1), Community Profile Amendment (CPA 90-6) and Zone Change including Planned Community Regulations (ZC 89-12) for the San Joaquin Hills Planned Community was adopted by the Orange County Board of Supervisors on February 26, 1991. At the time the San Joaquin Hills Planned Community was being reviewed by the Orange County Planning Commission, the question of providing on -site affordable housing units in addition to those allocated to satisfy the requirements of The Irvine Coast Planned Community was raised. As part of a comprehensive plan to provide affordable housing opportunities, The Irvine Company voluntarily proposed to include 10% of the total number RWA October. 1993 I w �(S( I R t .1 1 �i Y 17 a L SAN JOAQUIN HILLS PLANNED COMMUNITY Affordable Housing Implementation 'Plan - First Amendment Page 2 of approved dwellingunits within the SJHPC as Low-income category affordable units. This project -related public benefit although not included as part of EnvironmentalImpact Report No. 517, is acknowledged in Board of Supervisors Resolution No. 91-183 as condition of approval number 70, which states: Prior to the recordation of the first final "B" tract map, an Affordable Housing Implementation Plan (AHIP) shall be prepared by the landowner and approved by the Manager, Advance Planning Division. The AHIP will identify' the voluntary provision of 255 affordable housing rental units (10% of the total number of approved dwelling units in the San Joaquin Hills Planned Community) in the Low-income category (incomes earning 51% to 80% of the County median income). In conformance with the County of Orange requirement for an Annual Monitoring Report (AMR) for Planned Communities, the AHIP will include use of AMR procedure as a means of assessing and reporting the make-up of housing within the Planned Community. The AHIP shall include provisions for early notification of the availability of affordable housing units to major employers within the Newport Center, Irvine Business Complex, Irvine Spectrum and UCI employment areas, and to the resort hotels within The Irvine Coast Planned Community. Since the time the San Joaquin Hills Planned Community was adopted by the Board of Supervisors on February 26, 1991 and the AHIP was administratively approved on January 14, 1992, circumstances affecting the development of project's within the Planned Community have significantly changed. Although a maximum of 2,550 dwelling units (DU's) are permitted for the Planned Community, current development approvals total only approximately 1,650 DU's. A factor contributing to the development of the SJHPC at levels below the expected density is a change in the housingmarket away from attached dwelling units to detached dwelling units. As a consequence, the costs of infrastructure and other public improvements such as parks must be borne by fewer dwelling units. The requirementto provide affordable units was made in part, to satisfy the objectives of the County's Housing Opportunities Program ("HOP"). As stated previously, the HOP places major emphasis on the provision of at least 25% of the new housingbuilt in the unincorporated area to be sold or rented as affordable to households earning no more than 120% of the County Median Income. The Program Description furthermore provides direction on the implementation of affordable housing programs by stating: If there are no subsidy programs available and other incentives are not sufficient to make compliance economically feasible, all or a portion of mandatory low-income units may be satisfied by the provision of units at the Moderate I level. This provision should be utilized as a last resort once all avenues of assistance, incentives and marketing considerations have been adequately explored and found not feasible for a particular project. FMu abbe, 1995 SAN JOAQUIN HILLS PLANNED COMMUNITY Affordable Housing Implementation Plan - First Amendment Page 3 ~ Current factors influencing the economic feasibility of providing affordable housing units to satisfy the requirement of the San Joaquin Hills Planned Community include: ❑ No subsidy programs (i.e., Federal Tax Credit and Block Grant Programs, Orange County Redevelopment Funds or Affordable Housing Bond Programs) are currently being made available to assist in the production of affordable housing - Unlike the 1980's, when there were a number of federal and state subsidy programs available that made low income housing feasible, the majority of those programs are no longerfunded. The primary program available today that has some success is the federal tax credit program. This program is however, oversubscribed at approximately a four to one ratio (number of eligible projects to available credits). Moreover, the program is itself only feasible if it is combined with a subordination of all land value plus additional construction and ' take-out financing assistance (such as block grant funding and tax exempt bond money). Additionally, County managed subsidy gran such as Orange County Redevelopment Funds or the Section-8 Voucher Pro not been identified for use within this area of the County or axe currently operating under significant constraints. Block Grant programs do not typically provide full funding, assistance to new housing projects, azid such funds have eitherbeen targeted to rehabilitate older housing stock or earmarked for other projects in combination with other subsidy programs. The San Joaquin Hills Planned Community has also not been identified as a possible participant area in any previous Or County affordable housing bond issue to subsidize new low income housing projects. The Section-8 Voucher program is and has been operating under severe administrative constraints, such that it can now take up to five years for a qualified family to receive Section-8 assistance approval. While The Irvine Company is working with such non-profit organizations such as Bridge Housing (City of Irvine) and Link Housing (City of Newport Beach), those projects have proven to the exception rather than the norm. The success of these projects has been demonstrated in instances where the land is contributed essentially without cost to the non-profit entity and the projects are of an adequate scale to compete with other national projects for necessary tax credits; and ❑ The added financial burden of funding infrastructure improvements due the County's current fiscal crisis'- Modifications to the conditions of approval for project development, including increases in areas of open space and improvements, decreases in the amount of employment generatingland uses and the placement of increased requirements to provide additional infrastructure - related improvements have dramatically impacted the ability of builders to obtain project financing. R R\U acloh•r. 1'MJS SAN JOAQUIN HILLS PLANNED COMMUNITY Affordable Housing Implementation Plan - First Amendment Page 4 Therefore, with the lack of incentives and subsidy programs available to assist in the . provision of low income housing within the San Joaquin Hills Planned Community, combined a significant decrease in the total number of dwellirg units to be constructed and an increase in project -related costs, this Affordable Housing Implementation Plan proposes the conversion of all Low level income affordable units to that of Moderate -I level rental units consistent with the HOP guidelines. PURPOSE OF THE AHIP: FIRSTAMENDMENT This Affordable Housing Implementation Plan, with its monitoring/reportingsystem is intended to: (1) adequately guide the development of both market rate and affordable (rental) units within the San Joaquin Hills Planned Community; (2) provide for the accelerated production of affordable units within the San Joaquin Hills Planned Community; (3) provide a mechanism to provide for the early notification of affordable housing opportunities to the community and major employers within the Newport Center, Irvine Business Complex, IrvineSpectrum and UCI employment areas; and (4) ensure that early notification of affordable housing opportunities occurs. In addition to the objectives established by the originally approved Affordable Housing Implementation Plan (dated January,1992), this first amendment is intended to address several, additional objectives resulting from changes in market conditions, including: (5) incorporation of updated development plan information for the San Joaquin Hills Planned Communitybased on the currently approved project entitlements; and (6) allow for the Low income category affordable housingrequirement to be satisfied with provision of Moderate -I level rental units using cost based reporting program exclusively. When implemented, this AHIP should ensure the efficient administration of the affordable housing requirement for the San Joaquin Hills Planned Community by providing a minimum of 10% of the total number of dwelling units constructed, or a maximum of 255 units within ithe County's Moderate I level income category. The Irvine Company, as provided for in this AHIP, will satisfy the requirement for Moderate I income units by using rental apartment units located in Planning Areas designated for Highor Medium -High Residential ' development. The affordability of the units included as part of this program will be maintained for a period of not less than five (5) years, consistent with the commitment made as part of the originally approved San Joaquin Hills AHIP. Mu October. 1995 SAN JOAQUIN HILLS PLANNED COMMUNITY Affordable Housing Implementation Plan -First Amendment Page 5 B. IMPLEMENTATION PLAN INTRODUCTION The County's three income -based measures of affordability are updated every quarter and published by the County in a "Housing Affordability Table". For the third quarter of 1995, these affordability measures areas follows: Income Category Yearly Income For -Sale Units For -Rent Units Low Household yearly income $44,406 $44,406 l no more than 80% the County Median Income Moderate I Household yearly income $55,507 $55,507 is 81% to 1007o of the County Median Income Moderate If Household yearly income $66,608 $66,608 is 101% to 120% of the County Median Income In addition to the income -based measure of affordability, the County also permits use of three cost -based measures of affordability which may be substituted for the income -based definition. For the first quarter of 1995, these affordability measures are as follows: Income Category Monthly Payment For -Sale Units For -Rent Units Low Households monthly payment $ 1,221 $1,110 or rent does not exceed Moderate I Households monthly payment $1,526 $1,388 or rent does not exceed Moderate II Households monthly payment $ 1,832 $1,665 or rent does not exceed Using the cost -based affordable housingmeasures means that a Moderate I category renter could not pay more than $1,388 per month in order for the rental unit to be certified as affordable. Furthermore, the monthly payment may be allowed to increase by 10% if the unit to be certified meets at lease one of the following criteria: ❑ the unit has more than two bedrooms; ❑ the unit has two bedrooms and is 1,400 square feet or more in size; or ❑ the unit is a single-family detached home. 1ORSM OMber. 1995 SAN JOAQUIN HILLS PLANNED COMMUNITY Affordable Housing Implementation Plan - First Amendment Page 6 While the originally approved AHIP for the San Joaquin Hills Planned Community authorized development to proceed without having to produce affordable units at the same time as market rate units were being sold, the document also established specific key ° milestones also referred to as "Phases" with a corresponding limit or'Development Cap" on the number of residential building permits which could be released. Attachment 1, shows these development milestones as well as a current statistical breakdown of the land uses based on the San Joaquin Hills Planned Community Statistical Table - First Revision. The table also provides the estimated and maximum number of dwelling units permitted in each Planning Area and a status of the number of units currently approved on Tentative/ Final Tract Maps and those units currently under construction or having approved Building Permits. The usage of "maximums' and "estimated" dwelling unit figures is established by the San Joaquin Hills Planned Community Program document to serve as a tracking mechanism and historical record for revisions to the Planned Community Statistical Table as they occur with project implementation. Any proposed revision to increase the estimated dwelling units in one or more Planning Area(s) requires a corresponding decrease in another Planning Area(s), so that the maximumnumberof dwellingunits shown on the PC Statistical Table does not ever exceed either the maximum number of 2,550 dwelling units permitted for the entire Planned Community, or the maximum number of dwelling units shown on the Statistical Table for each respective Planning Area. This AHIP is based on satisfying the entire San Joaquin Hills Planned Community affordable requirement with the construction of affordable housing units in Planning Areas designated for High or Medium -High Residential development. The Program Requirements/Procedures Section of this AHIP includes a description of how the monitoring of these affordable units is to be accomplished and the criteria for establishing a "cost -based" (both initial and subsequent rental) process for assessing affordability. C PROGRAM REQUIREMENTS / PROCEDURES INTRODUCTION By use of the procedures contained within this Section of the AHIP, the County will be better able to monitor and guide development within the SJHPC such that the affordable housing requirements will be adequately addressed and satisfied. The hvineCompany will assume responsibility for coordinating all submittals to the County and ensuringthat the guidelines provided by this AHIP are utilized where applicable. There are several procedures which form the basic framework of the AHIP in assessing compliance. These monitoring criterion generally fall into the following three categories: h►rl)JIY1ri)c7lifCe7 Auditing To verify compliance, The Irvine Company will establish an auditing procedure which involves the folloMng three major activities: axa,u 00a6er. 1995 ATTACHMENTI SAN JOAQUIN HILLS PLANNED COMMUNITY AFFORDABLE HOUSING IMPLEMENTATION PLAN IMPLEMENTATION MILESTONES Residential Affordable Units Provided Implementation Building Permit (B Income Cat o ) Affordable Phase Milestone lUnit Re uirement LOW I MOD I ' I MOD 11 1 115M 128 (1) 128 (1) - II 1,600 32 (1) 32 (1)'' III Z295 95 Eye 95 (1) TOTALS 0 255 (1) 0 255 (1) IMPLEMENTATION STATUS SUMMARY LAND USE CATEGORY/CODE Planning Area Gross Acres Non -Commercial Estimated (2) Dwellin Units Maximum (2) Dwellin Units Dwelling Approved Subdivisions lTentativeMapFinalMa Units on Building Permits Issued or Units UnderConstructionl3) Phase I Affordable Provided b Income Units to be Ca Phase II Provided Affordable b Income Units to be Cat Phase III Provided Affordable 6 Income Units to 6 Ca Total Certified AffordableUnib Certification Date s LOW MOD -I MOD -II LOW MOD -I MOD -If LOW MOD -I MOD -II Medium/M Medium-High/MH Medium-High/MH Medium-High/MH Medium-High/MH Medium-High/bIH Medium-High/MH High/H High/H High/H Medium-High/MH Medium/M Medium/M Medium-fli h/MH 1 2 3 4 5 6 7 8 9 - 11 13 I4 15 21 35.5 29.0 14.0 14.0 23.0 12.0 17.0 15.0 - 13.0 18.0 24.3 19.6 18A 1015 115 s0 87 92 144 150 81 316 196 66 57 63 29 140 148 227 224 211 244 151 133 438 298 389 235 89 118 350 115 80 81 92 144 150 81 316 192 66 103 0 0 0 115 80 81 92 144 ISO 70 0 0 66 0 0 0 0 115 s0 58 75 103 126 8 316 192 0 0 0 40 0 s 83 45 20 12 1 _ 65 30 TOTAL 354.3 1,616 2,550 1,420 798 1,113 128 32 95 0 Notes (1) The actual number of affordable housing units is 107, of the total units constructed within the SJHPC (Resolution 91-183, condition number 70) or a maximum of 255 units total. (2) Based on San Joaquin Hills PC Statistical Table - First Revision. (3) Building Permits Issued or Units Under Construction areas of the date this summary was prepared. SAN JOAQUIN HILLS PLANNED COMMUNITY Affordable Housing Implementation Plan - First Amendment Page 7 1. Working with each merchant builder and the County (EMA) in the processing of applications for residential development projects and subdivision maps to ensure compliance with the Orange County Housing Element. 2. Verifying that the proposed affordable rental project(s) have a programwhich will be used by the leasing agent(s) to achieve assigned affordable housing objectives and in the event that for -sale units are targeted to satisfy a part of the affordable housing requirement, make sure that each sales program also includes assigned affordable housing objectives. The objectives may include establishing a minimum numberof affordable units and/or establishing the number of units to be set aside for each rental cost category, as well as appropriate payment (or pricing and financing) mechanisms for any for -sale units. 3. Monitoring and participating in the certification (of costs) process to ensure that the same standards are beingutilized for all affordable units and that the reporting information is presented in a consistent and timely fashion. Reporting 1. Periodic status reports will be provided to the County with each request for recordation of a subdivision map in the form of Housing Program Reports (see Appendix). These reports will be submitted to the Manager, Advance Planning Division (EMA) to identify how development projects within the SJHPC relate to the affordable housing requirements. These reports will include updates to the San Joaquin Hills Development Summary Table and serve as a means of tracking how the overall affordable housing program stands in terms of meetingimplementation and phasing requirements. 2. Once units are available, status reports will continue to be provided (as requested) for a five year time period as part of the County's Annual MonitoringReport process or other mutually designated reporting program. APARTMENT CERTIFICATION PROGRAM i Rationale As previously noted, the County's Housing Opportunity Program and this document make provision for satisfying the entire San Joaquin Hill Planned Community affordable housing requirementthroughthe provision of rental units within PlanningAreas designated for High r or Medium-HighDensity Residential development. The purpose of this Apartment f Certification Program ( -ACP") is to assist both The Irvine Company and County in• the monitoringof rental units that qualify for meetingthe affordable housingrequirementbased on rental costs in accordance with the following four provisions: 1. The maximum monthly payment (rent) for a rental unit eligible for certification under this program will be consistent with the periodically calculated rental rate established by C the County on the Housing Affordability Table (Cost Based Definition for Rental Units) based one the criteria outlined in Section B. {° IMMA Ocbber. 1995 ,. s I� I SAN JOAQUIN HILLS PLANNED COMMUNITY Affordable Housing Implementation Plan - First Amendment Page 8 2. The owner/management company should document a continuing good faith attempt is being made to attract and rent to individuals working for major employers within the Newport Center, IrvineBusiness Complex, IrviieSpectrum and UCI employment areas. 3. The minimum numberof rental units (as identified in the San Joaquin Hills Affordable Housing Implementation Plan Summary Table) must remain at or below the County specified rental rate for the five year reporting period to be given credit for those units. However, rental units maybe exchanged throughout the reportingperiod.as long as the minimum numberof rental units is maintained. 4. All rental units must be occupied at rental rates at or below the County specified rental rate to be eligible for certification as an affordable unit. Tracking System In order to provide the County with information on the number of units set aside to meet the affordable housing requirements of the San Joaquin Hills Planned Community and that the proper public notification on the availability of those units is occurring, a tracking system consisting of the following three parts will be established. 1. Identification of Availability Once establishment of the program has occurred, unit files will be maintained by the property owner and/or property management company for the project(s) where affordable units are provided that identifies those units which based on rental cost qualify as affordable units. On a quarterly basis (or other mutually designated reporting period), the property owner and / or designated representative shall verify if there are any changes in County Median Income by requesting copy of the County Housing Affordability Table and comparing it with the monthly rental rate figures for the affordable units included in the program. These monthly accounting statements will then be tabulated into a report (see Appendix) for submittal to the County as part of the Annual Monitoring Report process or equivalent, that includes an accounting of the total numberof units that qualify to meet the affordable housing requirementand the rental costs of those units by affordable income category. 2. Notification of Availability t The property owner and/or property management company will establish an on -going advertising program in major Orange County publications (i.e., Orange County Register, Los j Angeles Times Orange County edition, Irvine World News and For Rent Magazine) to i provide notification of availability of affordable units. The advertisements will include language that rental rates are in accordance with the County's Housing Opportunities Program (see Appendix) and also provide a listing of project locations. Leasing agents will also be trained to make sure that when there are vacancies, appropriate efforts are made to provide early notification of the availability of affordable housingunits to the major employers within the Newport Center, Irvine Business Complex, IrvineSpectrum and UCI employment areas, as well as the UCI Housing Office, Orange County Housing Authority and the office of the Irvine Industrial League. IMMA October. 1995 I SAN JOAQUIN HILLS PLANNED COMMUNITY Affordable Housing Implementation Plan - First Amendment Page 9 3. Accounting A record shall be maintained by the property owner and/ or property management company and supplied to the County upon reasonable request, listing the publications and dates of advertising that Pdudes notification of affordable housing units. These accounting summaries shall be provided to the County as part of the annual reporting process (see Appendix). AMENDMENT PROCEDURES Should revisions to the project or unforseen circumstances create a need to modify this document, the Plan may be considered for amendment in accordance with the following procedure: 1. The Irvine Company shall provide a report identifying how conditions have changed such that modification to this AHIP are appropriate; and 2. The Director of Planning (EMA) may review and administratively approve an amendment to the AHIP providing that the spirit and intent of the Program is preserved or enhanced. raluu Ocbb.r, 1"5 SAN JOAQUIN HILLS PLANNED COMMUNITY Affordable Housing Implementation Plan - First Amendment Page 10 D. APPI ❑ Sa ❑ Al ❑ Ai ❑ AI FORMA October. 1995 .. Q PLANNING •DESIGN •LANDSCAPE ARCHITECTURE September 14,1995 Ms. Joan Golding, Manager Advance Planning Division Orange County Environmental Management Agency r 300 North Flower Street, Room 344 P.O. Box 4048 Santa Ana, Ca 927024048 Attn: Mr. Martin Angle';'. RE: Housing Pro'grain Report'= Tract 14907 (Applicant: Irvine Apartment Communities) ..a This letter is being�suiimitted on be7ialf;oEThe;Irvine Company to satisfy the "compliance phasing" tec�uirements establi"shed by -the appioved•Affordable Housing Implementation Plan for the San Joaquin Hills Planned Community.(SJfIPC)for the•above-referenced Tract. Also described as Planning Areas 8 and'9; the subject:tracYis compriEe?a of 512 Mult-FamilyApartment units of which 128 units are being reserved. to satisfy the.initial Low-income category affordable housing requirement for the Planned •& Community. The+iocationiof'the project isshown on the attached Project Location Map (Exhibit 1). Consistent with the.Bbard of Supervisors Resolution,No: 91=183 -(condition of approval 70) and the < Affordable Housing Implementation Plan (AHIP),:residential:tracts have been allowed to proceed with development withoutliaving to produce aff"ordable'riiIIfikaf the same time as market rate units are being sold up to establisfied.key milestones„These;de`velopment milestones are referred to as "Phases" and include a cortesponding,limif-or"Developutent Cap" on the'number of residential building .0 i permits which can be released formarket rate.mts.", -v ' Attachment 1, Affordable Housing Implementation Milestones• indicates the SJHPC development milestones associated with providing specific income categories of 'affordable housing units. The Implementation Status Summary shows a statistical breakdown of the land uses, estimated and maximum number of dwelling units permi'tted.iri each -Planning Area and.a status of the number of units T currently approved on Tentative and Final Tract Maps, as well as those units currently under construction or have approved Building Permits for eachPlanned Community as of.September 14,;1995. Subject to your review and concurrence (as indicated with the signature below), we request that the applicable conditions of approval be considered satisfied and that the appropriate clearance documentation is provided to the EMA Subdivision Division to permit recordation of the above referenced tract map. Should you have any questions about the information provided, please do not hesitate to call. Sincerely, Report concurred with and approved by: FORMA Craig Hoffman For the Manager, Orange County EMA Date Director Advance Planning Division Attachments c: Mr, Norm Witt - The Irvine Company 3100 Bristol Street • Suite 100 • Costa Mesa, CA 92626 • (714) 540-4700 • FAX (7141540.6618 COMMUNITY PLANNING • LANDSCAPE ARCHITECTURE • RECREATION DESIGN AND SPECIAL EFFECTS • URBAN DESIGN • ENVIRONMENTAL MANAGEMENT • GOVERNMENT SERVICES • MAPPING SERVICES SAN JOAQUIN HILLS 2C-5 IVA J PLANNED COMMUNITY 14 2C-4 \ PROP05ED 2C-3 'SGg01• 13 2C-5 2C-2 W 8-i Y1D r 2c-, 2C-S 2 2 4 15 R • `• 2B-3 5 1-b R Y 2A 2 29-2 VA '7 1-[ LOB TRANCOS 'I i CANYON 111 - W`µ 2A-1 2B-lb a\\ j 12E \\ RA ITMNE COAST Q� ' \ �_�� PLANNED COMMUNITY 1c-1 10A LOS TRANCOS 1C-2 CANYON vlEw PARKS Z pEV� 4A / i 13D-2 1B II • 1Ar1 1 E 1 IDA / \\ 48 �/ 13D- 13C-1 13C-2 13F 13EI 12C IIA IDA 1 A �' 13A-2 / 109 3A tlA-1 I WamONE HILL 38 =wane wesl wwne* 14 IT CRYSTAL COVE STATE PARK w FELIC POINT I Imo✓ P A C I F I C 0 C E A N EXHIBIT 1 PROJECT LOCATION MAP " THE IRVINE COMP►4NY Nol to S[ol� fORN4\