HomeMy WebLinkAbout93-8 - Amending a Development Agreement Between the City of Newport Beach and the Irvine Company for the Circulation Improvement and Open Space Agreement (Development Agreement No. 6)ORDINANCE NO. 93- 8
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND THE IRVINE
COMPANY FOR THE CIRCULATION IMPROVEMENT
AND OPEN SPACE AGREEMENT
(DEVELOPMENT AGREEMENT NO. 6)
• The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. The City Council finds and declares that:
a. The State Legislature and the City Council have determined that the
lack of certainty in the approval of development projects can result in a waste of resources,
escalate the cost of housing and other development to the consumer, and discourage
investment in and commitment to comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public; and
b. Assurance that an applicant may proceed with a project in accordance
with existing policies, rules and regulations, and subject to conditions of approval, will
• strengthen the public planning process, encourage private participation in comprehensive
planning, and reduce the economic costs of development; and
C. California Government Code Section 65864 et seq. authorizes cities to
enter into development agreements with any person having a legal or equitable interest in
real property for the development of the property; and
d. Chapter 15.45 of the Newport Beach Municipal Code provides
requirements and procedures for the amendment of development agreements; and
e. The amendment to Development Agreement No. 6 has been prepared
in compliance with state law and the Newport Beach Municipal Code; and
L In compliance with state law and city ordinance, a duly noticed public
hearing was held by the City Council to consider an amendment to Development Agreement
40 No. 6; and
g. The City Council finds that said amendment to Development
Agreement No. 6 is in compliance with the California Environmental Quality Act and
Guidelines promulgated thereunder; and
h. The City Council finds that said amendment to Development
•
•
•
Agreement No. 6 is in conformance with the Newport Beach General Plan.
SECTION 2. Development Agreement No. 6 (Ordinance No. 92 -35) is hereby
amended to add the following language to Section 6..4, as follows:
"Further, the City of Newport or the California Coastal
Commission retain discretion in the review and approval of
Coastal Development Permits as set forth in the Addendum to
this agreement attached as Exhibit "I."
SECTION 3. Development Agreement No. 6 (Ordinance No. 92 -35) is also
amended to add Exhibit "I," attached hereto as Exhibit "A."
SECTION 4. Copies of said Development Agreement and the amendment
thereto are on file in the offices of the City Clerk and Planning Department of the City of
Newport Beach and said Development Agreement is made a part hereof by this reference.
SECTION 5. This Ordinance shall be published once in the official newspaper
of the City, and the same shall be effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 10th day of May . 1993, and was adopted on the 24th
day of May , 1993, by the following vote, to wit:
AYES, COUNCIL MEMBERS HEDGES. WATT
TURNER, SANSONE HART, COX. DEBAY
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
Exhibit "A": Exhibit "I ", an addendum to Development Agreement No. 6
PLT:.. \CC \DA \2DA6.ORD
•
City Council Meeting May 24, 1993
Agenda Item No. 33
SUPPLEMENTAL REPORT
CITY OF NEWPORT BEACH
TO: Mayor and Members of the City Council
FROM: Planning Department
SUBJECT: Circulation Improvement and Open Space Agreement ( CIOSA) -
Development Agreement No. 6
Request to amend Development Agreement No. 6 to incorporate an
addendum to the agreement which sets forth clarifying language, including
the scope of future discretionary actions of the City and the California
Coastal Commission, and adds exhibits with a higher level of detail which
were prepared subsequent to the original adoption of the agreement.
INITIATED BY: The City of Newport Beach
Attached to this report is the final wording of the proposed addendum to the CIOSA
Development Agreement which has been accepted by the staff of the California Coastal
Commission. Some typographical and grammar changes have been made to the Ordinance exhibit
distributed with the original report for this item.
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By
Patricia L. Temple
Advance Planning Manager
Attachment:
1. Development agreement addendum.
PLP..%DA6 -SR4
EXHIBIT "I"
•
NEWPORT BEACH CIRCULATION IMPROVEMENT AND
OPEN SPACE AGREEMENT ADDENDUM
Pursuant to California Government Code Section 65869, a development agreement for
property located in the coastal zone, without a certified local coastal program, must be approved
by the California Coastal Commission. On June _, 1993, the California Coastal Commission
approved the Newport Beach Circulation Improvement and Open Space Agreement and this
Addendum. The Addendum language shall'take precedence over the Development Agreement
and Planned Community text language and where there is a conflict, the Addendum shall
supersede.
The Addendum comprises the following:
1. Text that correlates two categories of site maps representing two levels of
development specificity and text defining the scope of future discretionary review under CEQA,
the Coastal Act and other state and federal environmental laws.
2. Site maps identifying development parameters and sensitive habitat.
•
fnmbcio .519
Definition. Category 1 sites have: (1) specifically defined principal permitted uses; (2)
specifically delineated "development envelopes" and (3) specifically defined "maximum extent
of grading for non - public uses" lines. They are specifically delineated on the Development
Agreement Addendum site maps (A through E):
Sites included in this category are:
• A.
B.
C.
D.
E.
Future Discretion,
Upper Castaways
Newporter North/Newporter Knoll
San Diego Creek South
Bay View Landing
Corporate Plaza West
uY Review: The following provisos apply:
a. The Development Agreement specifically provides for future CEQA review in
connection with the City discretionary site permit process;
b. Future Coastal Act discretionary review (Coastal Development Permit through
Coastal Commission or the City) may result in further limitations on the mapped
development area based on new /more specific biological or geotechnical information,
provided that the landowner may relocate development within the "maximum extent of
grading area for non - public uses" shown on the Development Agreement Addendum map
so long as:
(i) City of Newport Beach height, lot coverage, setback and other similar
requirements are met;
• (ii) the alternative location is not in conflict with specific environmental
resource protection siting criteria resulting from future CEQA /Coastal Act
or other regulatory agency requirements; and
(iii) the intensity and type of development and the total amount of development
acreage are consistent with the Development Agreement PC regulations
and maximum extent of grading maps in the Addendum;
C. Site specific erosion and urban runoff control measures and other impact
mitigation measures (e.g. light and glare) are subject to full CEQA, Clean Water Act,
Coastal Act and other applicable state and federal environmental law discretionary review;
d. Public facility and open space uses requiring site alteration and /or providing access
in close proximity to sensitive habitat areas are subject to the same discretionary review
provisions as development uses;
fn:nbck�.sis
•
•
e. Development effecting the habitat of any species listed as threatened or endangered
under the state and federal endangered species acts or affecting "waters of the United
States' is subject to the full regulatory authority of those endangered species acts and
Corps 404 requirements, as indicated in the Development Agreement EIR, under federal
law supremacy and under Government Code Section 65869.5.
f. Site specific coastal development permit applications shall include approvals from
the California Department of Fish and Game and U.S. Fish and Wildlife Service, where
applicable.
g. Wetland encroachment is limited to that necessary for the expansion of Dover
Drive on the Upper Castaways site. The access road for the Newporter North site shall
avoid wetland encroachment; if such access is later determined to be infeasible, the
applicant may, through a coastal development permit application, propose that alternative
means of ingress and egress meet the requirements of Chapter 3 of the Coastal Act. All
wetland encroachment shall be subject to the following criteria:
Wetland encroachment shall be the absolute minimum necessary for
construction of the improvement. The encroachment shall be
approximately .8 acres of wetland fill at Upper Castaways. The site
specific coastal development permit shall include an analysis of the least
environmentally damaging Dover Drive construction alternative.
2. All wetland encroachment shall be mitigated at a ratio of 4 square feet of
wetlands created for each square foot lost. Encroachment mitigation may
occur onsite or offsite so long as it is within the vicinity of the Upper
Newport Bay ecological reserve and within the coastal zone boundary.
3. The site specific coastal development permit request shall include a
detailed wetland mitigation plan which includes phasing, planting and
monitoring /maintenance provisions.
Wetland buffers of 100 feet shall be maintained; however, the buffer width
may be reduced to 50 feet if the California Department of Fish and Game
finds such reduction will not adversely impact the wetland resource.
Nothing in this section relieves Company of its obligation to make, and pay for, the
improvements described in Exhibit "C ".
h. Any bluff stabilization necessary to resolve existing erosion problems shall
involve:
The least amount of work necessary to eliminate, or to reduce to a level
of insignificance, the existing erosion problem.
•
2. No significant land form alteration of the bluff face shall be allowed in
order to rectify existing and potential geologic instability for the residential
development area; non - engineered solutions shall be utilized such as
greater setbacks if necessary. Minor grading and filling or erosion gullies
shall be permitted to stabilize public use areas.
3
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- ... ;, 1, NOTE: Development area denotes the portion
.I of the site identified for development of
residential uses in the proposed PC Teat.
., to Grading could also occur for roads.
"•T open space naw, traib, and bluff
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. "�`' VEGETATIVE COMMUNITIES
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Source: Steven Nelson
PROPOSED DEVELOPMENT AREAS sminc.
BIOLOGICAL RESOURCES
UPPER CASTAWAYS no scale
CIRCULATION IMPROVEMENT & OPEN SPACE AGREEMENT 6 1
City of Newport Beach
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CATEGORY
Definition. Category 2 sites have either a range of principal permitted uses or no specific
delineation of a "development envelope" and "maximum extent of grading for non - public uses."
(F through H)
Sites included in this category are:
F. Jamboree/MacArthur
G. San Diego Creek North
H. Newporter Resort
Future Discretionary Review: All uses on Jamboree/MacArthur and San Diego Creek North
would be subject to future CEQA/Coastal Development Permit review. Thus, for purposes of
future Coastal Act and LCP review of Jamboree/MacArthur and San Diego Creek North,
approval of the Development Agreement and Development Agreement Addendum provides the
following:
- Deletion of office uses allowed by the approved Newport Beach LUP;
- Other public facility uses identified for each site in the Development Agreement
PC text as found to be within the scope of the approved Newport Beach LUP but,
due to absence of analysis of potential impacts and absence of development
envelopelmaximum grading maps, such uses are subject to full future discretionary
review;
- No encroachment or loss of wetlands is approved and no other habitat - related
findings are made other than that the habitat protection/restoration designation for
the San Diego Creek North area bordering San Diego Creek is consistent with and
in furtherance of Coastal Act Sections 30231 and 302233.
The impacts of the additional hotel rooms on the Newporter Resort would be subject to
future CEQA /Coastal Development Permit requirements with full discretionary review.
fn:nbcio .519
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