HomeMy WebLinkAbout2012-60 - Banning Ranch Project ; Map NT2008-003; Affordable Housing Implementation; TS2008-002; Mitigation Monitoring.pdfRESOLUTION NO. 2012 -60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING MASTER DEVELOPMENT
PLAN NO. MP2008 -001, TENTATIVE TRACT MAP NO. NT2008-
003, AFFORDABLE HOUSING IMPLEMENTATION PLAN NO.
AH2008 -001, FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS, AND TRAFFIC STUDY NO. TS2008 -002
FOR A 401 -GROSS -ACRE PLANNED COMMUNITY LOCATED
AT BANNING RANCH (PA2008 -114)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Newport Banning Ranch, LLC, with respect to a 401- gross-
acre property generally located north of West Coast Highway, south of 19th Street,
and east of the Santa Ana River, requesting approval of a planned community for
development of 1,375 residential dwelling units, a 75 -room resort inn and ancillary
resort uses, 75,000 square feet of commercial uses, approximately 51.4 gross acres of
parklands, and the preservation of approximately gross 252.3 gross acres of
permanent open space ('Project'). In addition to a General Plan Amendment, Zoning
Code Amendment, and Development Agreement, the application included the
following requests:
a. A Master Development Plan to establish detailed design criteria for each land
use component to guide the review of subsequent development approvals;
b. A Tentative Tract Map to establish lots for public dedication or conveyance, lots
for residential development and conveyance to homebuyers, and lots for
financing and conveyance;
C. An Affordable Housing Implementation Plan specifying how the Project would
meet the City's affordable housing requirements; and
d. A Traffic Study Approval pursuant to Chapter 15.40 (Traffic Phasing
Ordinance).
2. The subject property is located within the City of Newport Beach Planned Community
(PC -25) Zoning District and the County of Orange Zoning Suburban Multi- family
Residential (R-4), Local Business Commercial (C -1), Light Industrial (M -1) with Oil
Production (0), Sign Restriction (SR), and Floodplain Zone (FP -2) Overlays. The City
intends to annex that portion of the subject property currently within the County of
Orange.
3. The City of Newport Beach General Plan Land Use Element category is Open
Space /Residential Village (OS /RV).
City Council Resolution No. 2012 -60
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4. The subject property is located within the coastal zone. The City's Coastal Land Use
Plan (CLUP) designates this property as a Deferred Certification Area; therefore, the
policies of the City's CLUP do not govern the development of the project site.
5. Study sessions were held on January 19, 2012, February 9, 2012, February 23, 2012,
and March 8, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard,
Newport Beach, California.
6. Public hearings were held on March 22, 2012, April 19, 2012, and June 21, 2012, in the
City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of these meetings was given in accordance with the
Newport Beach Municipal Code. Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this meeting.
7. On March 22, 2012, the Planning Commission adopted Resolution No. 1873
recommending to the City Council of the City of Newport Beach certification of the
Newport Banning Ranch Final Environmental Impact Report (SCH No. 2009031061).
8. On June 21, 2012, the Planning Commission adopted Resolution No. 1879 reaffirming
their March 22, 2012 recommendation to the City Council of the City of Newport Beach
for the certification of the Newport Banning Ranch Draft Environmental Impact Report
(SCH No. 2009031061).
9. At the June 21, 2012, public hearing with a vote of 6 -0, the Planning Commission
adopted Resolution No. 2012 -1880, recommending to the City Council approval of
Master Development Plan No. MP2008 -001, Tentative Tract Map No. NT2008 -003,
Affordable Housing Implementation Plan No. AH2O08 -001, and Traffic Study No.
TS2008 -002.
SECTION 2. FINDINGS.
1. The Project is consistent with the goals and policies of the General Plan. The City's
finding is based, in part, on the reasons set forth in the consistency analysis of the
proposed project with the City's General Plan goals and policies provided in the Final
Environmental Impact Report (FEIR).
2. City General Plan Land Use Policy LU 6.4.1 provides that "If not acquired for open
space within a time period and pursuant to terms agreed to by the City and property
owner, the site may be developed as a residential village, containing a mix of housing
types, limited supporting retail, visitor accommodations, school, and active community
parklands with a majority of the property preserved as open space."
3. On January 27, 2009, the Council authorized the City to request Measure M funding
and the request was submitted to the Orange County Transportation Authority (OCTA)
on April 15, 2009. On June 15, 2009, OCTA responded that a "prioritization process"
was under preparation.
City Council Resolution No. 2012 -60
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4. The City hereby finds and determines that the Property has not been acquired for
open space and that a reasonable amount of time has elapsed within the time periods
established by the City, based on the following facts"
a. On January 12, 2008, the City Council adopted as a priority to "conduct an
appraisal of the Banning Ranch property and assess funding available for the
purchase of the property for open space."
b. On December 23, 2008, an appraisal report was completed that estimated the
acquisition costs for the property to be between $138,000,000 and
$958,000,000. The report also concluded that State or private funding was
unlikely at that time; although, some funding from Measure M may be possible.
C. On August 11, 2009, the City Council acted to continue the exploration of open
space acquisition possibilities and monitor funding opportunities and directed
City staff to move forward with review of the Newport Banning Ranch
application.
d. On March 30, 2010, Orange County Transportation Authority's Environmental
Oversight Committee removed Banning Ranch from list of potential acquisitions
for funding.
5. The City finds that approval of the Project is consistent with LU 6.3.1 and LU 6.3.2, in
that acquisition for open space has not occurred, and that the land uses described in
LU 6.4.1 shall be approved.
6. The City finds that the Project is consistent with the General Plan, and although the
FEIR identified a land use incompatibility environmental impact associated with
vehicular noise from Bluff Road on those Newport Crest residences immediately
contiguous to the project site, the City finds the Project consistent with the General
Plan because the proposed alignment is consistent with the Circulation Element and
the Iandform and biological resource protection policies of the General Plan.
7. The City finds that the Project is consistent with the General Plan, and although the
FEIR identified a land use incompatibility impact associated with nighttime lighting
from the North Community Park on those Newport Crest residences immediately
contiguous to the project site. the City finds the Project consistent with the General
Plan because it would allow the development of active community park pursuant to the
Land Use Element and Recreation Element, and would provide the ability to use the
park at night which is consistent with the General Plan of the City in development of
new active parks, while furthering biological resource protection policies of the General
Plan.
8. The certified CLUP designates the Banning Ranch as a Deferred Certification Area
due to unresolved issues relating to land use, public access, and the protection of
coastal resources. Therefore, no other CLUP policies are directly applicable to the
Banning Ranch property.
City Council Resolution No. 2012 -60
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9. Pursuant to City Council Policy D -2, a fiscal impact analysis of the proposed
annexation on City finances and related City services and facilities was prepared. The
fiscal impact analysis concludes that based on the revenue and cost projections, the
proposed project would have a net fiscal benefit of nearly $2.0 million per year at full
build -out.
10. Findings and facts in support of such findings for the approval of Tentative Tract Map
No. NT2008 -003 in accordance with the Subdivision Map Act and Section 19.12.070 of
the Newport Beach Municipal Code are provided in Exhibit A.
11. Findings and facts in support of such findings for the approval of Traffic Study No.
TS2008 -002 in accordance with Section 15.40.030 of the Newport Beach Municipal
Code are provided in Exhibit B.
12. Findings and facts in support of such findings for the approval of Affordable Housing
Implementation Plan No. AH2008 -001 in accordance with Section 19.54.070.D of the
Newport Beach Municipal Code are provided in Exhibit C.
13. The Newport Banning Ranch Final Environmental Impact Report (SCH No.
2009031061) was prepared for the Project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council
Policy K -3. By Resolution No. 2012 -xxxx, the City Council, having final approval
authority over the Project, adopted and certified as complete and adequate the Newport
Banning Ranch Final Environmental Impact Report (SCH No. 2009031061), and
adopted "Findings and Facts in Support of Findings for the Newport Banning Ranch
Project Final Environmental Impact Report, Newport Beach, California" ( "CEQA
Findings ") and a Statement of Overriding Considerations, which CEQA Findings and
Statement of Overriding Considerations are hereby adopted and incorporated herein
by reference.
SECTION 3. DECISION.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS
FOLLOWS:
1. Master Development Plan No. MP2008 -001 is hereby approved, attached hereto as
Exhibit D and incorporated herein by reference;
2. Tentative Tract Map No. NT2008 -003, attached hereto as Exhibit E and incorporated
herein by reference, is hereby approved and subject to the conditions set forth in Exhibit
F, which is attached hereto and incorporated by reference, including compliance with
Government Code Section 66454 authorizing approval of pre- annexation tentative maps;
3. Affordable Housing Implementation Plan No. AH2008 -001, attached hereto as Exhibit
G and incorporated herein by reference is hereby approved; and
City Council Resolution No. 2012 -60
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4. Traffic Study No. TS2008 -002 is hereby approved.
PASSED, APPROVED, AND ADOPTED this 23rd day of July 2012.
MAYOR
ATT
CITY CLERK
APPROYF,D AS TO FORM,\
FFI E THE ITYATTORNEY
Aaron 'Harp, City Attorney If /z
for the City of Newport Beach
Exhibit A
Required Findings
Tentative Tract Map No. NT2008 -003
In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps)
of the Newport Beach Municipal Code, the following findings and facts in support of
such findings are set forth:
Finding:
A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with
applicable provisions of the Subdivision Map Act and this Subdivision Code.
Facts in SUDoort of Findin
A -1. The proposed tentative tract map provides lot configurations consistent with the
land uses, densities, and intensities of the Open Space /Residential Village
(OS /RV) land use designation established by the General Plan.
A -2. The proposed tentative tract map allows the development of a residential village,
containing a mix of housing types, limited supporting retail, visitor
accommodations, and active community parklands, with a majority of the
property preserved as open space.
A -3. The proposed tentative tract map provides for the development of a cohesive
planned community with a connective street system, pedestrian walkways and
trails.
A -4. The proposed tentative tract map provides public bluff top parks, which sets
development back from bluff faces and provides public views of the ocean,
wetlands, and surrounding open spaces.
A -5. The arterials and streets on the proposed tentative tract map are consistent with
the roadway specifications of the Master Plan of Streets and Highways of the
Circulation Element of the General Plan.
A -6. The proposed tentative tract map provides for the dedication of 21.8 gross acres
(18 net acres) of community parkland, which exceeds the project's obligation
under the Park Dedication Fee Ordinance and contributes towards the 20 to 30-
acre community park specified by the Land Use Element and Recreation
Element of the General Plan.
Finding:
B. That the site is physically suitable for the type and density of development.
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Exhibit A
Required Findings
Tentative Tract Map No. NT2008 -003
Facts in Support of Finding:
B -1. The project site contains topographic and natural habitat constraints. However,
the proposed tentative tract map provides for development that is sited away or
buffered from the arroyos and bluffs and wetlands and other habitat areas.
B -2. There are no designated Alquist- Priolo Fault Zones within the project site and the
proposed tentative map provides of all habitable structures to be excluded from
fault setback zones.
B -3. The project site is a producing oil field. However, the project site would be
remediated and all the existing oil operations will be consolidated into two
locations.
B -4. There are no geologic or physical constraints that would prevent the
development of the site at the density proposed, or require variances or
deviations from the applicable City development standards.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure
fish or wildlife or their habitat. However, notwithstanding the foregoing, the
decision making body may nevertheless approve such a subdivision if an
environmental impact report was prepared for the project and a finding was made
pursuant to Section 21081 of the California Environmental Quality Act that
specific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding:
C -1. The design of the subdivision locates the majority of the development in the
eastern portion of the project site and adjacent to the developed areas, which
preserves larger, intact areas of high value habitat.
C -2. The proposed project would have direct and indirect impacts on habitat that
supports special status species. However, the draft environmental impact report
prepared for the project concluded that significant impacts to these habitats can
be mitigated to a less than significant level through mitigation measures. Even
though the project has no significant impacts to biological resources, the City has
identified specific project benefits and will adopt a statement of overriding
considerations if it decides to approve the project.
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Exhibit A
Required Findings
Tentative Tract Map No. NT2008 -003
Finding
D. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems
Facts in Support of Finding:
D -1. There are no designated Alquist- Priolo Fault Zones within the project site and the
proposed tentative map provides of all habitable structures to be excluded from
fault setback zones.
D -2. While the project site is currently impacted primarily by petroleum hydrocarbons,
following testing, no contaminant levels were found to exceed the hazardous
concentration levels defined by State and federal guidelines.
D -3. The project site will be remediated and all the existing oil operations will be
consolidated into two locations.
D -4. The project is conditioned to comply with all Building, Public Works, and Fire
Codes, which are in place to prevent serious public health problems. Public
improvements will be required of the developer per Section 19.28.010 of the
Municipal Code and Section 66411 of the Subdivision Map Act.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision. In this connection, the decision making
body may approve a map if it finds that alternate easements, for access or for
use, will be provided and that these easements will be substantially equivalent to
ones previously acquired by the public. This finding shall apply only to
easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or
use of property within a subdivision.
Facts in Support of Finding:
E -1. The project site contains existing public utilities easements. However, the design
of the subdivision and the type of improvements proposed present no conflict
with these easements. Existing easements will remain in their current
designated locations or will be modified to be substantially equivalent to ones
previously acquired by the public.
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Exhibit A
Required Findings
Tentative Tract Map No. NT2008 -003
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision
Map Act, if the land is subject to a contract entered into pursuant to the California
Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or
the subdivision will result in residential development incidental to the commercial
agricultural use of the land.
Facts in Support of Finding:
F -1. The project site does not contain prime farmland, unique farmland, or farmland of
statewide importance and no portion of the project site is covered by a
Williamson Act contract.
Finding:
G. That, in the case of a "land project" as defined in Section 11000.5 of the
California Business and Professions Code: (1) There is an adopted specific plan
for the area to be included within the land project; and (2) the decision making
body finds that the proposed land project is consistent with the specific plan for
the area.
Facts in Support of Finding:
G -1. The project is not located in a specific plan area.
Finding:
H. That solar access and passive heating and cooling design requirements have
been satisfied in accordance with Sections 664 73. 1 and 66475.3 of the
Subdivision Map Act.
Facts in Support of Finding:
H -1. The proposed tentative tract map and improvements are subject to Title 24 of the
California Building Code that requires new construction to meet minimum heating
and cooling efficiency standards depending on location and climate. The Newport
Beach Building Department enforces Title 24 compliance through the plan check
and inspection process.
H -2. Single- family detached residential roofs, commercial building roofs, and
homeowners association -owned public building roofs, which have adequate solar
orientation shall be designed to be compatible with the installation of photovoltaic
panels or other current solar power technology.
Exhibit A
Required Findings
Tentative Tract Map No. NT2008 -003
Finding:
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map
Act and Section 65584 of the California Government Code regarding the City's
share of the regional housing need and that it balances the housing needs of the
region against the public service needs of the City's residents and available fiscal
and environmental resources.
Facts in Support of Findin
1 -1 The Affordable Housing Implementation Plan (AHIP) for the proposed project
proposes the construction of a minimum of 50 percent of the required affordable
housing on the project site. The remaining affordable housing obligation may be
met through the payment of in -lieu fees; the construction of off -site affordable
housing including the rehabilitation of existing off -site housing that would
contribute to meeting the City's Regional Housing Needs Assessment (RHNA)
requirements; land dedication for affordable housing; or a combination thereof.
Findin :
J. That the discharge of waste from the proposed subdivision into the existing
sewer system will not result in a violation of existing requirements prescribed by
the Regional Water Quality Control Board.
Facts in Support of Findin
J -1. The City has adequate sewer system capacity to serve the requirements of the
proposed project. The proposed project would be able to tie into the existing
sewer system without adversely affecting the system or causing any water quality
affects or violating existing requirements prescribed by the Regional Water
Quality Control Board.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
Facts in Support of Finding:
K -1. The project site is entirely within the Coastal Zone, but is not located within a
certified Local Coastal Program. The City has a certified Coastal Land Use Plan
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Exhibit A
Required Findings
Tentative Tract Map No. NT2008 -003
(CLUP), but not a certified Implementation Plan. The CLUP designates the
project site as a Deferred Certification Area; therefore, the policies of the CLUP
area not applicable to the project site.
K -2. The proposed subdivision design conforms with the public access and recreation
policies of the Chapter Three of the Coastal Act.
a. The proposed project would provide several miles of off - street multi -use
public trails, on- street public bike trails, and pedestrian paths for pedestrians
and bicyclists.
b. The trails would provide connections to on -site land uses and habitat areas
and would connect to the existing regional trail system, other parks, and open
space areas.
c. The proposed pedestrian and bicycle bridge over West Coast Highway would
provide access to bike lanes and pedestrian sidewalks on the south side of
West Coast Highway and to the beach.
d. The public parks, trails, and interpretive areas would be available for active
and passive recreation uses by residents and visitors.
e. To facilitate public access, public parking areas will be provided at park and
recreational areas and along most streets within the project site.
L. Pursuant to Section 66454 of the Subdivision Map Act, the approval of the
Tentative Tract Map is condition upon annexation of the project site to the City
and the approval is not effective until the annexation is completed.
M. Pursuant to Section 66473.7 of the Subdivision Map Act, on October 12, 2010,
the City Council approved a Water Supply Assessment for Newport Banning
Ranch, which concluded that adequate water supply is available to meet the
needs of the Project along with the demands of future development within the
City.
Exhibit B
Required Findings
Traffic Study No. TS2008 -002
In accordance with Section 15.40.030 (Traffic Phasing Ordinance) of the Newport
Beach Municipal Code (NBMC), the following findings and facts in support of such
findings are set forth:
Finding:
A. That a traffic study for the project has been prepared in compliance with this
chapter and Appendix A [Chapter 15.30 NBMC].
Facts in Support of Finding:
A -1. A traffic study, entitled Traffic Impact Analysis for Newport Banning Ranch in the
City of Newport Beach, prepared by Kimley -Horn and Associates, Inc.,
2011(traffic study), was prepared for the project in compliance with Municipal
Code Chapter 15.40 (Traffic Phasing Ordinance and Appendix A).
Finding:
B. That, based on the weight of the evidence in the administrative record, including
the traffic study, one of the findings for approval in subsection (8) [Section
15.40.030.6 NBMC] can be made.
Facts in Support of Finding:
B -1. Based on the weight of the evidence in the administrative record, including the
traffic study, mitigation measures, and the conditions of approval, all of the
findings for approval in Section 15.40.030.6.2 can be made. Section
15.40.030.6.2 NBMC states:
2. The project is a Comprehensive Phased Land Use Development and
Circulation System Improvement Plan with construction of all phases not
anticipated to be complete within sixty (60) months of project approval; and
a. The project is subject to a development agreement which requires the
construction of, or contributions to, circulation improvements early in the
development phasing program, and
b. The traffic study contains sufficient data and analysis to determine if that
portion of the project reasonably expected to be constructed and ready for
occupancy within sixty (60) months of project approval satisfies the
provisions of subsections (B)(1)(a) or (8)(1)(b), and
c. The Land Use and Circulation Elements of the General Plan are not made
inconsistent by the impact of project trips (including circulation
improvements designed to mitigate the impacts of project trips) when
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Exhibit B
Required Findings
Traffic Study No. TS2008 -002
added to the trips resulting from development anticipated to occur within
the City based on the Land Use Element of the General Plan and Zoning
Ordinance, and
d. The project is required, during the sixty (60) month period immediately after
approval, to construct circulation improvement(s) such that:
(1) Project trips will not cause or make worse an unsatisfactory level of
traffic service at any impacted primary intersection for which there is a
feasible improvement,
(2) The benefits resulting from circulation improvements constructed or
funded by, or contributions to the preparation or implementation of a
traffic mitigation study made by, the project proponent outweigh the
adverse impact of project trips at any impacted primary intersection for
which there is (are) no feasible improvement(s) that would, it
implemented, fully satisfy the provisions of Section 15.40.030
(8)(1)(b). In balancing the adverse impacts and benefits, only the
following improvements and /or contributions shall be considered with
the greatest weight accorded to the improvements and /or
contributions described in subparagraphs (a) or (b):
(a) Contributions to the preparation of, and /or implementation of
some or all of the recommendations in, a traffic mitigation study
related to an impacted primary intersection that is initiated or
approved by the City Council,
(b) Improvements, if any, that mitigate the impact of project trips at
any impacted primary intersection for which there is (are) no
feasible improvement(s) that, if implemented, would fully satisfy
the provisions of Section 15.40.030 (8)(1)(b),
(c) Improvements that mitigate the impacts of project trips on any
impacted primary intersection in the vicinity of the project,
(d) Improvements that mitigate the impacts of project trips on any
impacted primary intersection operating, or projected to operate,
at or above 0.80 ICU.
B -2. The proposed project meets the requirements for a Comprehensive Phased Land
Use Development and Circulation System Improvement Plan as the project is
subject to conditions of approval that require the construction of, or contributions
to, circulation improvements early in the development phasing program.
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Exhibit B
Required Findings
Traffic Study No. TS2008 -002
B -3. The traffic study analyzed the worst -case scenario where the proposed project
would be completed within 60 months, which was considered in the study as
being 2016.
B -4. The traffic study found that the following intersection is projected to exceed the
Level of Service (LOS) "D" standard in the City of Newport Beach:
• Newport Boulevard at West Coast Highway (AM LOS E: project Impact
0.024)
and the following intersections are projected to exceed the LOS D standard in the
City of Costa Mesa:
• Newport Boulevard at Victoria Street/22Id Street (AM: LOS F; no project
impact)
• Monrovia Avenue at 19th Street (AM: LOS E; project impact to
unsignalized intersection)
• Newport Boulevard at 19ffi Street (AM: LOS E; project impact: 0.051)
• Newport Boulevard at Harbor Boulevard (PM: LOS F; project impact:
0.079)
• Newport Boulevard at 18`h Street/Rochester Street (PM: LOS F; project
impact: 0.080)
• Pomona Avenue at 17th Street (PM: LOS E; project impact to unsignalized
intersection)
• Superior Avenue at 17`h Street (PM: LOS E; project impact: 0.165)
• Newport Boulevard at 17th Street (PM: LOS E; project impact: 0.036)
B -5. The traffic study found the following improvements to the intersection of Newport
Boulevard at West Coast Highway would result in the project not causing or
making worse an unsatisfactory level of service at this intersection:
• Restripe southbound approach to provide one exclusive right -turn lane,
shared right/left -turn lane, and one exclusive left -turn lane on Newport
Boulevard.
B -6. The traffic study found the following improvements to the intersections identified
as being significantly impacted by the proposed project in Costa Mesa would
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Exhibit B
Required Findings
Traffic Study No. TS2008 -002
result in the project not causing or making worse an unsatisfactory level of
service at these intersections:
o Monrovia Avenue /19th Street: Install signal
• Newport Boulevard /19th Street: Add a second southbound left -turn lane
on Newport Boulevard
® Newport Boulevard /Harbor Boulevard: Add fourth southbound through
lane on Newport Boulevard
• Newport Boulevard /18th Street (Rochester St): Convert southbound right -
turn lane to a shared through /right lane on Newport Boulevard
• Pomona Avenue /17th Street: Install signal
• Superior Avenue /17th Avenue: Convert westbound approach to provide
one left, one shared /left, one through, and one dedicated right -turn lane
® Newport Boulevard /17th Street: Add fourth southbound through lane and
one dedicated northbound right -turn lane
B -7. Mitigation Measure MM 4.9 -2 of the Mitigation, Monitoring, and Reporting
Program requires the applicant to make best efforts to negotiate in good faith to
arrive at fair and responsible arrangements to either pay fees and /or construct
the required improvements for the seven intersections within Costa Mesa that
were identified as being significantly impacted by the proposed project.
Furthermore, Mitigated Measure MM4.9 -2 is intended to require the applicant to
either pay fees and /or construct the required improvements during the 60 months
immediately following final approval of the proposed project. However, because
the City cannot impose improvements to the Costa Mesa intersections, for
purposes of the City's Traffic Phasing Ordinance, the subject intersections are
being treated as though there are not feasible improvements.
B -8. The proposed restriping the southbound approach of Newport Boulevard at West
Coast Highway to provide a right -turn lane, shared right/left turn lane and left -turn
lane is an improvement identified in the Circulation Element of the General Plan,
and therefore a feasible improvement under the Traffic Phasing Ordinance. The
conditions of approval require the restriping occur in the early phase of
development, upon issuance of a certificate of occupancy for the first building
constructed in the South Family Village or Resort Colony areas of the project.
The traffic study determined, based on sufficient data and analysis, that the
proposed project under a worst -case scenario of full build -out by 2016, when
taken together with the circulation improvement, will not cause nor make worse
Exhibit B
Required Findings
Traffic Study No. TS2008 -002
an unsatisfactory level of traffic service at Newport Boulevard and West Coast
Highway.
B -9. The proposed project does not result in an inconsistency between the Land Use
Element and the Circulation Element of the General Plan by the impact of project
trips (including circulation improvements designed to mitigate the impacts of
project trips) when added to the trips resulting from development anticipated to
occur within the City based on the Land Use Element of the General Plan and
Zoning Code. The development included in the proposed project is consistent
with the General Plan. Off -site mitigation improvements proposed within the City
of Newport Beach are also included in the Circulation Element.
B -10. Based on the public benefits outlined in the Statement of Overriding
Considerations, the proposed project will result in benefits that outweigh the
project's impact on the City's circulation system
Finding:
C. That the project proponent has agreed to make or fund the improvements, or
make the contributions, that are necessary to make the findings for approval and
to comply with all conditions of approval.
Facts in Support of Finding:
C -1. Concept plans depicting the recommended on -site arterial improvements are
included in the resolution of approval and conditions of approval for the Tentative
Tract Map for the proposed project.
C -2. Mitigation Measure MM 4.9 -1 the Mitigation, Monitoring, and Reporting Program
requires the applicant to implement the City transportation improvement
mitigation program for the project and identifies the applicant's fair -share
responsibility for the improvements.
C -3. Mitigation Measure MM 4.9 -2 of the Mitigation, Monitoring, and Reporting
Program require that the applicant make best efforts to negotiate in good faith to
arrive at fair and responsible arrangements to either pay fees and/or construct
the required improvements in lieu of the payment of fees to be negotiated with
the City of Costa Mesa.
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Exhibit C
Required Findings
Affordable Housing Implementation Plan No. AH2O08 -001
project be affordable to moderate income households. Section 19.54.040.A.1
provides that a lower percent of affordable units may be approved as part of an
AHIP, if the project includes units for very low- income households. The AHIP
provides that the affordable units be comprised of either 5 percent Very Low
Income or 10 percent Low Income or 15 percent Moderate Income or a
combination of all of these income levels.
B -4. The AHIP requires all affordable units provided will be restricted, as enforced
though a Affordable Housing Implementation Agreement with the City, to ensure
that the unit remains affordable to very low -, low -, or moderate - income
households for a 30 -year period.
B -5. Affordable Housing Implementation Agreements will be executed and recorded at
each phase of development for affordable units to be constructed within that
phase, or for land proposed to be dedicated, or for any in -lieu fees to be paid.
B -6. The AHIP requires that renovation of existing off -site units to affordable units to
comply with the requirements of Section 19.54.070.B NBMC.
B -7. The AHIP requires that any land dedications for affordable housing to comply
with requirements of Section 19.54.070.0 NBMC.
Finding:
C. It would not be feasible or practical to construct the units on site.
Facts in Support of Finding:
C -1. The AHIP requires that a minimum of 50 percent of the required affordable units
be construction on site.
C -2. The project site is constrained by the topography and sensitive habitat areas.
Furthermore, policies of the General Plan require that a majority of the project
site be preserved as open space. Therefore, the project site has limited area for
residential development.
C -3. Implementation of the AHIP will be evaluated at each development phase which
will include consideration of off -site affordable units, dedication of land or the
payment of in -lieu fees. The conclusion of this evaluation will be subject to an
Affordable Housing Implementation Agreement between the applicant and the
City of Newport Beach.
Exhibit D
Newport Banning Ranch
Master Development Plan
Exhibit D is available for review at the offices of the Office of the City Clerk or at
www.newportbeachca.gov.
Exhibit D
NBR Master Development Plan Revisions and Errata
Page 3 -3
Revise Section 3.2.2 as follows:
3.2.2. Parklands
1. Public Community Park comprising approximately 26.8 21.8 gross /214 18.0 net
acres in SPAS aa; 7b, and 7c, which shall be developed for public active and passive
recreation as part of the Project and offered for dedication to the City and Public
Community Park comprising approximately 5.0 gross /3.7 net acres in SPA 7a, which
shall be developed for public park purposes, privately maintained, and made
permanently available for public use through deed restriction and /or recorded
easement.
Page 3 -29
Change Section 3.5.2 as follows:
3.5.2 Public Community Park Development Plans
As part of the Project, a 2�" 21.8 gross -/24-.-7- 18.0 net -acre Community Park North
Community Park and Central Community Park) will be developed and offered for dedication
to the City of Newport Beach. The development plan for the Community Park (SPAs 7-a
7b, and 7c) is a Project Development Plan providing a sufficient level of design detail for
Coastal Commission approval of a Coastal Permit for this park. The Public Community
Park site to be offered for dedication to the City is comprised of the thFee two subareas as
described below:
G The North Community Park Project Development Plan, illustrated in Exhibit 3 -6a,
contains 15.9 gross /13.5 net acres and will be improved as an active park to include
lighted turf sports fields, lighted hard courts, picnic facilities, age- specific playground,
restrooms, off - street public parking, and may include synthetic turf.
® The Central Community Park Project Development Plan, illustrated in
Exhibit 3 -6b, contains 5.9 gross /4.5 net acres and will be improved as a passive
recreational area, including picnic areas, informal open play turf areas, and off-
street public parking. The Development Plan for the Central Community Park
Newport Crest residential community. The trail connection will be constructed
subject to the approval by the Newport Crest Homeowners Associate of the
provision of a gate at the boundary of Newport Crest at the terminus of
Ticonderoga to provide secure pedestrian movement to and from Newport Crest.
Exhibit 3 -6b, Central Community Park Development Plan — Replace with new park
plan exhibit included as Attachment 1.
As part of the Project, a 5.0 gross/ 3.7 net acre Community Park (South Community
Park) will be developed, privately maintained, and made permanently available for
public use -. The development plan for the Community Park (SPA 7a) is a Project
Development Plan providing a sufficient level of design detail for Coastal
Commission approval of a Coastal Permit for this park. The South Community Park
is described below.
The South Community Park Project Development Plan, illustrated in
Exhibit 3 -6c, contains 5.0 gross /3.7 net acres and will be improved as a
passive natural recreation area to complement the City's Sunset Ridge Park
site to the east and will include park access, native habitat, and interpretive
opportunities.
Section 3.5
Page 10 -3
Revise Section 10.6.2 as follows:
10.6.2 Activities Requiring Subsequent Site Development Review Approval
Following approval by the City of the NBR -MDP the following development activities are
permitted within the Project Site subject to recordation of Final Map No. 17308 and any
subsequent subdivision map(s), approval by the City of Site Development Review pursuant
to NBR -PC Section 4.5, "Site Development Review," any additional local required permits,
and any permits from State (including Coastal Commission), and Federal agencies with
permitting jurisdiction over the activity:
1. Construction of residential, commercial, and visitor serving resort uses in all Villages and
Colonies;
2. Construction of Bluff Parks and Interpretive Parks; and
3. Construction of South Community Park
Page 10 -3
Add new Section 10.6.3 as follows:
10.6.3 Activities Requiring Community Park Improvement Plan
Following approval by the City of the NBR -MDP the following development activities are
permitted within the Proiect Site subject to recordation of Final Map No. 17308 and any
subsequent subdivision map(s), approval by the City of a Community Park Improvement
Plan, pursuant to NBR -PC Section 4.4.6.1 " Activities Subject to Community Park
Improvement Plan Approval," any additional local required permits, and any permits from
State (including Coastal Commission), and Federal agencies with permitting jurisdiction
over the activity:
1. Construction of the public Community Park (North and Central Community Park).
Page 10 -5
Revise Section 10.7.3 as follows:
10.7.3 Authorization for City to Issue Construction -Level Permits as part of MCDP
The MCDP shall authorize the City to be the final review authority for any subsequent
planning development permits and construction level permits, as required by the NBR -PC,
for implementation of those activities described in Section 10.6 of the NBR -MDP and within
the areas illustrated on Exhibit 10 -1, without additional Coastal Development Permits,
provided the subsequent permits are consistent with the NBR -MDP Project Development
Plans. Subsequent required planning development permits and construction level permits
shall include, but are not limited to, Site Development Review, Community Park
Improvement Plan Approval, Use Permits, Final Tract Maps, final grading permits, model
home permits, building permits, and other required permits.
Page 10 -10
Add new Section 10. 12, "Community Park Improvement Plan," as follows:
10.12 Communitv Park Improvement Plan
Approval by the Director of Recreation and Senior Services of a Community Park
Improvement Plan, in accordance with the provisions of NBR -PC Section 4.6, "Community
Park Improvement Plan." shall be required prior to construction of the public Community
Park.
Page 10 -10
Renumber Section 10.12 and revise text as follows:
10.42 MenorMeelffisations
10.13 Substantial Conformance
The following are seesidereds to constitute substantial conformance
with the NBR -MDP including Exhibit 1 -4, "Site Planning Areas Map," Exhibit 3 -1, "Master
Development Plan," and Exhibit 3 -2, "Master Development Table."
Land Use Acreage Refinements
A change in the Site Planning boundary lines as illustrated on Exhibit 1 -4 "Site Planning
Areas Map," and corresponding change in the Gross Acres for the respective Site Planning
Area as described on Exhibit 1 -5, "Site Planning Areas Table," of up to fifteen percent
(15 %) are as approved peFmltted as part theappreval of either a Site Development Review,
or subdivision map application submitted for the Site Planning Area, provided the
refinement(s) to Gross Acres does not result in:
1. Fe.IdL ion O th nrrc n_tet
F-asi{+t es 9 iFtFiGt tO IRPS than 415 qFG6G aGFe6j
thn 28 ..
1. A reduction in the total acreage allocated to Open Space;
2. A reduction in the total area allocated to the Parklands;
3. The total area within the Project Site boundaries exceeding 401.1 gross acres;
4. Less than two roadway access points from North Bluff Road into the North
Family Village; and /or
5. Less than two roadway access points into both the South and North Family
Village.
Page 10 -10
Renumber and Revise Section 10.12.2 as follows:
40 12-2 10_14 Transfer of Residential Dwelling Units
A change in the number of residential dwelling units for any Site Planning Area as
described on Exhibit 1 -5, "Site Planning Areas Table," resulting from a transfer of
residential dwelling units from one Site Planning Area to another, and as approved
pursuant to the provisions of NBR -PC Section 4.18 " Transfer of Residential Dwelling
Units." is permitted as part of the approval of a Site Development Review provided:....
Page 10 -11
Renumber and Revise Section 10.12.14 as follows:
4A X12.44 Add 'twenal
10.15 Modifications to Approved Proiect Development Plans
The following constitute addiii )Ral allewahle miner modifications to the NBR -MDP Proiect
Development Plans which may be approved as part of Site Development Review or
subdivision review, and not requiring an amendment to the NBR MDP:
1. Change in utility or public service provider as described in NBR -MDP Chapter 8,
"Master Roadway and Infrastructure Plans;"
2. Change in roadway alignment of any roadway illustrated on the "Master Roadway
Plan" of the NBR -MDP when the change results in a centerline shift of 150 feet or less;
3. Change to roadway sections as described in NBR -MDP Chapter 8, "Master
Roadway and Infrastructure Plans as approved by the Director of Public Works;
4. Refinements to the Architectural Design Guidelines pursuant to Section 10.10;
5. Refinements to the mix, distribution, and design of architectural products with as a
provided that:
a. The character and style of the architecture remains consistent with the intent of the
Project's architectural style;
b. The nominal lot size dimensions and nominal building square footages do not
exceed 20 % of the original architecture proposed within the Site Planning Area; and
c. All applicable development regulations and standards set forth in the NBR -PC are
complied with.
Page 10 -12
Delete the following text:
Page 10 -13
Renumber and revise Section 10.13 as follows
10.16 Amendments to the NBR -MDP
All proposed changes to the NBR -MDP other than those identified in Section 10.12, ""ter
Medi#IGatieas," 10.14 Transfer of Residential Dwelling Units and Section 10_15
"Modifications to Approved Project Development Plans," shall be considered amendments
to the NBR -MDP and shall be reviewed in accordance with the provisions of NBR -PC
Section 4.4 "Master Development Plan." When any CDP(s) or MCDP is approved by the
Coastal Commission that varies from the approval granted by the City for the NBR -MDP or
any approved amendment, the applicant shall submit a request for determination of
substantial conformance to the Director or Community Development, The Director of
Community Development has the authority to refer any request for substantial conformance
to the City Council for consideration and final action on the request.
Page 10 -13
Renumber and revise Section 10.14 as follows:
10.17 Amendments to the Master CDP
Amendments to the MCDP are considered to be those changes considered as
amendments to the NBR -MDP pursuant to NBR -MDP Section 494-3 10.16. Following City
approval of any amendment to the NBR -MDP a corresponding application for an
amendment to the MCDP shall be submitted for approval to the California Coastal
Commission.
Exhibit 10 -1, Master Entitlements and Subsequent Approvals Map
Add the following text to the notations:
Land Use Development per City- approved Master Development Plan and CCC- approved
Master Coastal Development Permit. Additional Site Development Review, and /or
Community Park Improvement Plan Approval. by City is required, but additional Coastal
Development Permit is not required, prior to Land use Development and construction
permits.
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Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
Note:
The following is a list of acronyms used in the Conditions of Approval for Tentative Tract Map
No. 17308:
• DA — Development Agreement
• FEIR SCH No. 2009031061- Newport Banning Ranch Final Environmental Impact
Report, State Clearinghouse Number 2009031061.
• MM — Mitigation Measure, project specific measures recommended by the FEIR and
adopted as part of the approval of the project to reduce potentially significant
environmental effects to a level considered less than significant and stated at the end
of a condition as a reference between the condition and a mitigation measure
recommended in the FEIR.
• MMRP— Mitigation Monitoring and Reporting Program, the monitoring and reporting
procedures for the Mitigation Measures identified in the FEIR and adopted as part of
project approval pursuant to Section 21081.6(a)(1) of the California Environmental
Quality Act.
• NBMC — Newport Beach Municipal Code.
• NBR- Newport Banning Ranch.
• OCLAFCO- Orange County Local Agency Formation Commission, the agency
responsible for reviewing and approving proposed jurisdictional boundary changes
• PDF — Project Design Feature, specific design elements proposed by the applicant
that have been incorporated into the project to prevent the occurrence of, or reduce
the significance of, potential environmental effects and stated at the end of a condition
to reference a PDF in the FEIR.
• SC- Standard Condition, a condition of approval based on local, State, or federal
regulations or laws that are frequently required independent of the California
Environmental Quality Act review to offset or prevent specific impacts and stated at the
end of a condition to reference a Standard Condition in the FEIR.
General Conditions
1. City Council approval of Tentative Tract Map No. 17308 is in conjunction with its
approval of Development Agreement No. DA2008 -003 for the same project (the
"DA "). Pursuant to Sections 2.2 and 2.4 of the DA and the terms used therein that are
defined in Section 1 of the DA, the `Term" of the DA becomes effective on the
"Effective Date" of the DA. Tentative Tract Map No. 17308 and the DA comprise
parts of a single integrated action and are not severable from one another.
Accordingly, notwithstanding any other provision set forth in Tentative Tract Map No.
17308 to the contrary, in no event shall the owner, lessee, or other occupant or any
person or entity holding any interest in the subject property acquire any right to
develop or use the subject property as authorized or provided herein unless and until
the Effective Date in the DA occurs and the Term of the DA commences. In the event
the DA is terminated for any reason before the Effective Date of the DA occurs,
including without limitation as a result of the mutual termination of the DA by the
1
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
Parties thereto, the occurrence of an uncured material default under the DA by either
Party and a termination of the DA by the non - defaulting Party, or the failure of the
Effective Date of the DA to occur prior to the deadline set forth in the DA, as said
deadline may be extended by mutual agreement of the Parties to the DA, then in such
event Tentative Tract Map No. 17308 automatically shall become null and void and of
no further force or effect, without any need or requirement for the City to schedule any
public hearings or take any affirmative action or actions to revoke or rescind the
same.
2. Notwithstanding any provision expressly or impliedly to the contrary, in the event of
any conflict or inconsistency between any of the terms or conditions of Tentative Tract
Map No. 17308 and the DA, the terms and conditions of the DA shall control. In the
event of any conflict or inconsistency between or among the conditions of Tentative
Tract Map No. 17308, the Director of Community Development shall determine the
controlling condition.
3. The applicant shall comply with all applicable provisions of NBMC Chapter 19.40,
General Dedication Requirements.
4. The applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair
Share Traffic Contribution Ordinance, pursuant to the requirements of the
Development Agreement.
5. The applicant shall comply with all applicable provisions of NBMC Chapter 15.40,
Traffic Phasing Ordinance (TPO), but not limited to the following conditions:
a. Pursuant to NBMC Section 15.40.030(B)(2), construction of the TPO required traffic
mitigation improvements shall be completed no more than 60 months from the date
of final approval of the Project (as defined in General Condition 8, below). (PDF 4.9-
2)
b. The traffic study as a part of FEIR SCH No. 2009031061 shall be valid for the
duration of the term of the Development Agreement. This approval shall be deemed
exercised by the issuance of a grading permit to construct the proposed project.
6. The applicant shall comply with all applicable provisions of NBMC Chapter 15.42,
Major Thoroughfare and Bridge Fee Program.
7. The applicant shall comply with all applicable provisions of NBMC Chapter 19.44,
General Reservation Requirements, including but not limited to the following
conditions:
a. Subdividers are required to reserve sites, appropriate in area and location, for
the North and Central Community Park including a water quality management
basin, and other public facilities to be offered for dedication to the City including
but not limited to roadways, water and sewer facilities, and storm drains.
Subdividers are required to set aside sites appropriate in area and location for
2
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
the open space preserve, the South Community Park, Bluff Parks, Interpretive
Parks, trails, drainage devices for bluff restoration and protection, water quality
management facilities, storm drains, water and sewer facilities, roadways, and
other public facilities consistent with the NBR Planned Community Development
Plan, NBR Master Development Plan, and the MMRP. The requirement is
based on the adopted policies and standards for the above listed uses and
facilities and the required reservations are in accordance with those policies
and standards. (PDF 4.1 -1, 4.1 -2, 4.1 -3, 4.1.4, 4.6 -1, 4.8 -1)
8. Tentative Tract Map No. 17308 shall expire 24 months from the date of approval
pursuant to NBMC Chapter 19.16.010, which date of approval shall be the date of
completion and approval of annexation of the project site to the City of Newport Beach
by OCLAFCO, as set forth in Government Code Section 56658 and summarized in
OCLAFCO's Project Processing Policies and Procedures Manual, unless:
a. A Final Map is recorded; or
b. An extension is otherwise granted by the City for the period of time provided for in
the Development Agreement pursuant to the provisions of California Government
Code 66452.6 (a).
9. The development of the project is subject to compliance with all applicable submittals
approved by the City and all applicable City ordinances, policies, and standards,
subject to modification by these Conditions of Approval.
10.Development of the project shall comply with the requirements of the NBR Planned
Community Development Plan and be in substantial conformance with the approved
NBR Master Development Plan and Tentative Tract Map 17308 dated June 30, 2011,
except as modified by applicable conditions of approval and the DA. (PDF 4.1 -5, 4.7 -1,
4.8 -1, PDF 4.9 -1, PDF 4.9 -3)
11.To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to the City's approval of the
Newport Banning Ranch project including, but not limited to, the approval of the
Tentative Tract Map No.17308, NBR Master Development Plan No.MP 2008 -001,
NBR Planned Community Development Plan No. PC 2008 -002, General Plan
Amendment No. GP2008 -008, and /or the City's related California Environmental
Quality Act determinations, the certification of the Final Environmental Impact Report
SCH No.2009031061, and the adoption of a Mitigation Monitoring and Reporting
Program, and /or statement of overriding considerations adopted for the project. This
indemnification shall include, but not be limited to, damages awarded against the City,
3
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
if any, costs of suit, attorneys' fees, and other expenses incurred in connection with
such claim, action, causes of action, suit or proceeding whether incurred by applicant,
City, and /or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand, from time to time, any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
The provisions herein shall not apply to the extent such damage, liability or claim is
caused by the willful misconduct or sole active negligence of the City or the City's
officers, officials, agents, employees, or representatives.
12.The applicant shall comply with all project design features, mitigation measures, and
standard conditions contained within the approved MMRP of FEIR SCH No.
2009031061 for the project.
13.The applicant shall have the sole obligation to fund or arrange funding for the
planning, design, engineering, construction, supervision, inspection and all other
costs associated with site remediation, oil field consolidation, open space and habitat
restoration, construction of the Community Park, Bluff Park, Interpretive Parks, and
Open Space Interpretive Trails and all public infrastructure, as further described in
subsequent conditions of approval, including but not limited to roads, water and sewer
facilities, storm drain, and water quality management facilities including facilities to
treat on -site and off -site flows, to serve residential, resort and commercial
development and the open space preserve as defined within the NBR Master
Development Plan.
14. Within 10 years following the completion of annexation of the project site into the City,
all continuing surface oil operations shall be consolidated into Lots 190, 6,7, and 226
comprising the OF land use district as designated in the NBR Planned Community
Development Plan. (PDF4.5 -1)
15. New development within the project site shall be subject to the same General
Obligation bond tax rate as already applied to other properties within the Newport-
Mesa Unified School District for Measure F (approved in 2005) and Measure A
(approved in 2000) based upon assessed value of the residential and commercial
uses. (SC 4.14 -7)
16. The applicant shall pay to the City upon demand, from time to time, a deposit in an
amount acceptable to the Community Development Director for the preparation of
documentation necessary to reconcile the NBR General Plan Amendment, NBR -
Planned Community Development Plan, the NBR Master Development Plan, and
Tentative Tract Map No. 17308 with the Newport Banning Ranch Coastal Development
Permit. Documentation shall be in a form acceptable to the Director of Community
Development and City Attorney, and said document shall be approved by the City prior
to issuance of the first grading permit for the project.
0
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
17. All improvements to Lots 194 -196 (North Community Park) and Lots 231 and 232
(Central Community Park) shall be constructed by the applicant and approved by the
City. Completion of these improvements shall be in accordance with the terms and
schedule stated in the Development Agreement.
18. Prior to commencement of construction of the Central Community Park, the applicant
shall seek approval from the Newport Crest Homeowners Association to install a gate
at the terminus of the westerly sidewalk on Ticonderoga to provide pedestrian access
from Newport Crest to a trail connection through the Central Community Park to the
intersection of 15th Street/Bluff Road. Pursuant to approval by the Newport Crest
Homeowners Association, the applicant shall modify or replace the existing fence at
the terminus of Ticonderoga to provide secure pedestrian movement to and from
Newport Crest.
19. Full width improvement of North Bluff Road from the northern boundary of Lot 1 to
19th Street and improvements to 19th Street from North Bluff Road to the easterly
boundary of the project, as determined by the Director of Public Works, shall be
constructed by the applicant and completed pursuant to the terms and schedule
stated in the Development Agreement.
Prior to Final Map Approval
Note: Multiple final Tract maps may be prepared by the applicant and submitted for
approval by the City. Unless otherwise noted, conditions 20 through 27 apply to the
project area included on the applicable map.
20.Prior to Final Map approval the applicant shall obtain written verification of the
availability of sufficient water supply from the City Municipal Operations Department
consistent with the requirements of Section 66473.7 (b) of the Subdivision Map Act.
The applicant shall provide a deposit of funds as identified by the Director of the
Municipal Operations Department in an amount sufficient to cover the costs of any
studies required by the Municipal Operations Department as part of the preparation of
the written verification of water availability.
21. Prior to Final Map approval, the applicant shall submit for review by the Director of
Community Development and shall obtain City Attorney approval of Covenants,
Conditions and Restrictions (CC &Rs) prepared by an authorized professional and
which generally provide for the following:
a. Creation of a Master Association, and /or Sub - associations, for the purpose of
providing for control over and maintenance of common area improvements not
otherwise offered for dedication to the City, which include but are not limited to
the following unless otherwise approved by the Director of Public Works:
5
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
Community walls and fencing, slopes, fuel modification zones within the interior
of the tract, the South Community Park, bluff parks and interpretive parks
including all park facilities, maintenance buildings and offices, trails and
pedestrian paths within the bluff parks and interpretive parks, median and
parkway landscaping and irrigation, pedestrian paseos and greenbelts,
bioswales, common area landscaping, irrigation and sidewalks, exterior lighting,
walls and fencing within the interior of the tract, off - street parking areas, trash
areas and structures, private alleys, slope drains, sewer laterals, water laterals,
private residential park and recreational facilities within the interior of the
project, and reciprocal access areas within the cluster courtyard single family
detached homes, multifamily attached homes, the resort inn and commercial
uses.
b. A statement that all homeowners and residents will be provided, upon purchase
closing or signing of rental agreement, the information and requirements for
water conservation pursuant to NBMC Chapter 14.16, Water Conservation and
Supply Level Regulations. ( refer to SC 4.15 -1)
c. A statement that the Master Association and /or responsible Sub - Association will
be responsible for funding the City's maintenance of the pedestrian bridge
spanning West Coast Highway, if constructed.
d. A statement that all homeowners be provided educational information upon
purchase closing and annually after the close of escrow on mobile source
emission reduction techniques, including but not limited to, alternative modes of
transportation and use of zero or low emission vehicles. As part of this
statement provisions shall be made that the Association provide to the Director
of Community Development an annual report of conservation educational
materials distributed to homeowners. (refer to MM 4.10 -11)
e. A statement that all homeowners shall be provided educational information
upon purchase closing on the positive benefits of using consumer products with
low or no- volatile organic compounds (VOCs) such as paint thinners and
solvents.
f. A statement that all homeowners be provided educational information upon
purchase closing and annually thereafter regarding the energy saving benefits
of using solar heating, automatic pool and spa covers, and efficient pumps and
motors for pools and spas.
g. A statement that all common area yards, pedestrian paseos, South Community
Park, bluff parks, interpretive parks, median and parkway landscaping,
greenbelts, bioswales, walls and fencing within the interior of the tract, off - street
parking areas, fuel modification areas within the interior of the tract, trash areas,
maintenance buildings and office structures, exterior lighting, sewer and water
laterals, alleys, slopes, slope drains, reciprocal access areas within the cluster
courtyard single family detached homes, multifamily attached homes, the resort
inn and commercial uses and private residential park and recreation areas
within the interior of the tract are private and shall be maintained by the Master
Association, or Sub - Association(s) unless otherwise approved by the Director of
Public Works.
0
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
h. A statement that the Association shall be required to advise residents that
complaints about offensive odors may be reported to the City using the Quest
online format on the City web site and /or to the South Coast Air Quality
Management District at 1- 800 - CUT -SMOG (1- 800 - 288 - 7664).
i. Information to be provided to homeowners on the established setback and
height requirements for additions and accessory structures conforming to the
requirements of the approved NBR Planned Community Development Plan.
j. A statement that all homeowners and residents within 100 feet of open space
areas shall be provided written information upon close of purchase or signing of
rental agreement, regarding the applicable requirements of Mitigation Measure
MM 4.2 -1 regarding the "dark sky" lighting program for the project. (PDF 4.6 -4)
k. A statement indicating that Lots 8, 189,191- 193,199, 203,224,227,229,230,
233, and Lettered Lot F shall be retained by deed restriction as designated
public park in perpetuity and maintained by a Master Association, a Sub -
Association and /or other approved and appropriate agency, and that no
structures, development or encroachment shall be permitted within the
designated park area except as shown on the Final Map, approved Site
Development Review, approved landscape and park improvement plans, or as
otherwise approved by the City.
I. Provisions that following recordation of each Final Map, each Association
formed for the subdivision shall submit to the Director of Community
Development a list of all current Officers of the Association.
m. A statement indicating that proposed amendments to the CC &Rs shall be
submitted for review to the Director of Community Development or designee,
and shall be approved by the City Attorney prior to the amendments being valid.
n. A statement that the City has the right, but not the obligation, to enforce any of
the provisions of the CC &Rs.
o. An agreement between the applicant and the Association that on an annual
basis by June 1 of each year reports will be furnished to the Director of Public
Works in compliance with the reporting requirements of codes and ordinances
adopted by the City with respect to the NPDES program.
p. A reference to the plan for maintenance of fuel modification zones in
accordance with the approved Fire and Life Safety Program for the project.
22. Prior to Final Map approval the applicant shall reflect on the Final Map or prepare
separate instruments to the satisfaction of the Director of Public Works all public
access easements, deed restrictions or other instruments including but not limited to
those providing for permanent public access to the open space interpretive trails
including the Bluff Toe Interpretive Trail, the Southern Arroyo Interpretive Trail, the
Upland Interpretive Trail, and the Lowland Interpretive Trail and those providing City
access for maintenance of storm drains. (PDF 4.8 -2)
23. Prior to Final Map approval, the applicant shall submit an open space management
plan for approval by the Director of Community Development, for the long term
funding and management of Lettered Lot Q, the Talbert Trailhead Interpretive Park,
and the open space preserve within the Open Space District of the NBR Planned
7
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
Community Development Plan which includes the right -of -way reservation for 19th
Street, Lettered lots A through E, Lettered Lots G through P and R, and all public
interpretive trail easements. The open space management plan shall also include
provisions for the inclusion of Lots 6,7,190, and 226, which comprise the interim oil
facilities area, at such time that oil operations on these lots cease and the lots are
remediated and restored as permanent open space. The open space management
plan shall identify all entities responsible for ownership, management and
maintenance of the open space preserve and their credentials which qualify the entity
as capable of management and maintenance of the open space preserve and able to
implement all applicable mitigation measures identified in the MMRP. The open space
management plan shall specify the timeline for commencement of implementation of
the management plan by the management entity for the open space preserve.
Approval by the City of the long term management plan is a condition precedent to
recordation of a final map. (PDF4.6 -2) The open space management plan shall
include but not be limited to identification of funding, management responsibilities,
and maintenance activities in perpetuity for but not limited to the following:
a. Maintenance and periodic repair and replacement of park facilities in the Talbert
Trailhead Interpretive Park, all open space interpretive trails, and associated
appurtenances including but not limited to landscaping, restrooms, trail routes
and surfaces, fences, benches and other facilities.
b. Maintenance of all repaired and restored bluff slopes pursuant to the NBR Bluff
Restoration Plan as described in the NBR Master Development Plan. (PDF 4.3-
3)
c. On -going habitat protection, restoration, and maintenance, including on -site
supervision of trail and habitat areas by qualified personnel, operation of
interpretive trails, signs and displays, and funding for any public outreach
programs.
d. Maintenance of drainage systems, water quality management systems, and
other devices required to protect on -site habitat and water quality within the
open space preserve. The drainage system maintenance program shall include
a statement that prior to conducting any maintenance activities for the water
quality treatment basin located in Lot I, the open space preserve management
entity shall post a written notification of temporary trail closure dates and times
at key points along the Upland Interpretive Trail to accommodate maintenance
vehicles using the right of way adjacent to the trail. The written notice shall be
posted at least 48 hours prior to the scheduled maintenance and shall state the
hours and duration of the trail closure.
e. Maintenance of fuel modification zones within the open space preserve in
accordance with the NBR Fire and Life Safety Program approved for the
project.
f. The five year Maintenance and Monitoring Program for all restored habitat
areas pursuant to the Standard Vegetation Monitoring Procedures outlined in
the project FEIR SCH No. 2009031061. (PDF4.6 -3)
0
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
24. Prior to Final Map approval, the applicant shall pay all applicable development and
Final Map fees associated with but not limited to Community Development
Department, Public Works Department, and City Attorney review of CC &Rs, map and
plan check, hydrology review, geotechnical and soils reports review, park
improvement plan review, grading plan review, traffic and transportation, and
construction inspection.
25. Prior to Final Map approval, the applicant shall submit to the Director of Community
Development for review and shall obtain City Attorney approval of, a buyer's
notification disclosure form, to be given to all buyers upon purchase closing, which
indicates the location, if applicable, of any abandoned oil production facility within 10
feet of the residential lot and the existence, operations, and characteristics of
continuing oil production activities within the boundaries of the project as well as
notification of potential exposure to nuisance, noise, risk of upset and hazards, and /or
objectionable odors of continued oil production activities.
26. Prior to Final Map approval for residential, resort, and /or commercial development the
applicant shall provide separate labor and material improvement bonds or irrevocable
letters of credit in a form and amount acceptable to the Director of Public Works for
100% of estimated improvement cost, as prepared by a Registered Civil Engineer and
approved by the Director of Public Works, for each, but not limited to, the public and
private improvements for the each of the following separately:
a. Street improvements, monuments, sidewalks, traffic signal, striping and signage,
trail and park improvements, street lights, sewer systems, water systems, storm
drain and water quality management systems, erosion control landscaping and
irrigation in public rights of way, private slopes and common area recreational
areas, and off -site improvements required as part of the project.
27. Prior to Final Map approval, the applicant shall complete geotechnical trenching and
field investigations, consistent with all adopted state codes in effect at the time, by a
qualified geologist, and shall submit a geotechnical report for review and approval by
the Director of Community Development to confirm the adequacy of any proposed
project development fault setback limits in accordance with the mandates of the
Alquist - Priolo Earthquake Fault Zoning Act. (MM 4.3 -2)
Prior to Recordation of Final
Note: Multiple Final Maps may be prepared by the applicant and submitted for approval
by the City. Unless otherwise noted, conditions 28 through 34 apply to the project area
included on the applicable map.
28. Prior to recordation of the Final Map(s), the applicant shall submit for review, and
shall obtain County Surveyor approval of, a digitized map pursuant to applicable
Orange County ordinance. The applicant shall pay for all costs of said digital
9
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
submittals, including supplying digital copies to the City of the final County Surveyor
approved digital map.
29. Prior to recordation of the Final Map, the applicant shall make an irrevocable offer of
dedication of all fire protection access easements consistent with Tentative Tract Map
17308, to the City of Newport Beach.
30. Prior to recordation of the Final Map, the applicant shall submit for review and shall
obtain the Director of Public Works approval of all utility maintenance easements and
make an irrevocable offer of dedication of the appropriate easements to the City of
Newport Beach.
31. Prior to applicable Final Map recordation the applicant shall provide documentation of
acquisition or option to acquire the full right of way width of North Bluff Road between
16th Street and the southerly boundary of Lot 2 and of 16th Street between North Bluff
Road and the easterly boundary of the project as identified on Tentative Tract Map
No. 17308.
32. Prior to applicable Final Map recordation, the applicant shall either provide
documentation of acquisition or option to acquire adequate right of way width of 15th
Street from the easterly project boundary to a point east of the project boundary, as
determined by the Director of Public Works or shall enter into an agreement with City
pursuant to the terms of the DA for the City's acquisition of the right -of -way and
applicant's payment of the entire cost of acquisition.
33. Prior to Final Map recordation the applicant shall provide an irrevocable offer of
dedication to the City for the following as identified on Tentative Tract Map No. 17308:
a. Full right of way for Bluff Road and North Bluff Road from West Coast Highway
to the northern boundary of Lot 1, right of way adjacent to the project site at
West Coast Highway, and the full right of way for 15th Street, 16th Street, and
17th Street within the project boundaries.
b. Partial right of way as determined by the Director of Public Works for North Bluff
Road from the northern boundary of Lot 1 to 19th Street (from North Bluff Road
to the eastern terminus of the existing roadway.)
c. Lots 231 and 232 (Central Community Park), and Lots 194 -196 (North
Community Park).
34. Prior to applicable Final Map recordation the applicant shall establish right way
reservations as identified on Tentative Tract Map No. 17308 for the southerly half
section of 19th Street from the Santa Ana River to the eastern terminus of the existing
roadway.
10
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
Prior to Issuance of Demolition or Grading Permits
Note: Grading permits as noted in this section do not apply to grading activities required
for oil field remediation.
35. Prior to the issuance of grading permits, the applicant shall pay any unpaid City
administrative costs and unpaid costs incurred by City retained consultants
associated with the processing of this application to the City.
36. Prior to issuance of grading permits for improvements permitted by the Director of
Community Development to commence pursuant to approval of Tentative Tract Map
No. 17308, the applicant shall provide separate labor and material improvement
bonds or irrevocable letters of credit in a form and amount acceptable to the Director
of Community Development for 100% of estimated grading cost, as prepared by a
Registered Civil Engineer and approved by the Director of Community Development.
37. Prior to the issuance of grading permits the applicant shall pay all applicable City fees
which may include but are not limited to map and plan check, water connection,
sewer connection, hydrology review, geotechnical and soils reports review, grading
plan review, traffic and transportation, and construction inspection.
38. Prior to the issuance of grading permits, the City of Newport Beach shall be provided
the authority by the County of Orange to issue grading permits in the unincorporated
area of the project site. If said authorization is not provided to the City, prior to
issuance of grading permits, the annexation of the unincorporated area of the project
site to the City of Newport Beach shall be completed and approved by OCLAFCO as
set forth in Government Code Section 56658 and summarized in OCLAFCO's
Processing Policies and Procedures Manual.
39. Prior to the issuance of grading permits the applicant shall obtain all necessary
permits required by the California Coastal Commission pursuant to the requirements
of the California Coastal Act.
40. Prior to the issuance of grading permits the applicant shall demonstrate to the
satisfaction of the Director of Community Development that consultation with the U.S.
Fish and Wildlife Service has been completed.
41. Prior to the issuance of grading permits within areas subject to the jurisdiction of the
California Department of Fish and Game, the applicant shall demonstrate to the
satisfaction of the Director of Community Development that a Section 1600
Streambed Alteration Agreement, pursuant to Section 1602 of the California Fish and
Game Code, has been obtained.
11
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
42. Prior to the issuance of grading permits within areas subject to the jurisdiction of the
US Army Corps of Engineers, the applicant shall demonstrate to the satisfaction of
the Director of Community Development that a Section 404 permit has been obtained.
43. Prior to the issuance of grading permits within areas subject to the jurisdiction of the
Santa Ana Regional Water Quality Control Board, the applicant shall demonstrate to
the satisfaction of the Director of Community Development that the Santa Ana
Regional Water Quality Control Board has issued a Water Quality Certification
pursuant to Section 401 of the federal Clean Water Act.
44. Prior to the issuance of demolition or grading permits, whichever is first, the applicant
shall demonstrate to the satisfaction of the Director of Community Development that
the Orange County Health Care Agency (OCHCA) has approved a final Remedial
Action Plan for the project with the concurrence of the Regional Water Quality Control
Board -Santa Ana Region.
45. Prior to the issuance of grading permits within Caltrans right of way, the applicant
shall demonstrate to the satisfaction of the Director of Public Works that all Caltrans
encroachment permits have been obtained for the widening and improvement of
West Coast Highway as indicated on Tentative Tract Map No. 17308.
46. Prior to the issuance of grading permits the applicant shall demonstrate to the
satisfaction of the Director of Public Works that all existing survey monuments are
located in the field in compliance with AB 1414 for restoration by the Registered Civil
Engineer or Land Surveyor in accordance with Section 8771 of the Business and
Professions Code.
47. Prior to the issuance of grading permits the limits of grading shown on Tentative Tract
Map No. 17308 must be verified by a Geotechnical Engineer. Grading shall not be
permitted to extend beyond the limits as indicated on Tentative Tract Map No. 17308
without approval of the Director of Community Development.
48. Prior to issuance of grading permits a list of "good housekeeping" practices,
consistent with the approved Water Quality Management Plan, shall be submitted by
the contractor for incorporation into the long -term post- construction operation of the
site to minimize the likelihood that pollutants would be used, stored, or spilled on the
site that could impair water quality. These may include frequent parking area vacuum
truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or
pesticides, and the diversion of storm water away from potential sources of pollution
(e.g., trash receptacles and parking structures). The WQMP shall list and describe all
structural and non - structural BMPs. In addition the WQMP must also identify the
entity responsible for the long term inspection, maintenance, and funding for all
structural (and if applicable treatment - control) BMPs. The WQMP shall also provide
that all private streets and parking areas are required to be swept weekly. (SC 4.4 -5)
12
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
49. Prior to issuance of grading permits, the applicant shall submit documentation in a
form and of a content determined by the Director of Community Development that any
hazardous contaminated soils or other hazardous materials removed from the project
site shall be transported only by a Licensed Hazardous Waste Hauler to approved
hazardous materials disposal site, who shall be in compliance with all applicable State
and federal requirements, including the U.S. Department of Transportation regulations
under 49 CFR (Hazardous Materials Transportation Act), California Department of
Transportation (Caltrans) standards, Occupational Safety and Health Administration
(OSHA) standards, and under 40 CFR 263 (Subtitle C of Resource Conservation and
Recovery Act). The Director of Community Development shall verify that only
Licensed Haulers who are operating in compliance with regulatory requirements are
used to haul hazardous materials. (SC 4.5 -2)
50. Prior to the issuance of any grading permits, the Director of Community Development
shall review the grading plan for conformance with the grading shown on the
approved tentative map. The grading plans shall be accompanied by geological and
soils engineering reports and shall incorporate all information as required by the City.
Grading plans shall indicate all areas of grading, including remedial grading, and shall
extend to the limits outside of the boundaries of an immediate area of development as
required by the City. Grading shall be permitted within and outside of an area of
immediate development, as approved by the City, for the grading of public roads,
highways, park facilities, infrastructure, and other development - related improvements.
Remedial grading for development shall be permitted within and outside of an
immediate development area, as approved by the City, to adequately address
geotechnical or soils conditions. Grading plans shall provide for temporary erosion
control on all graded sites scheduled to remain unimproved for more than 30 days.
Grading plans shall incorporate contour grading techniques to minimize impacts to
existing public view points from West Coast Highway. (PDF 4.2 -1) If the applicant
submits a grading plan that deviates from the grading shown on the approved
tentative map (specifically with regard to slope heights, slope ratios, pad elevations or
configurations), as determined by the Director of Community Development, the
Director of Community Development shall review the plan for a finding of substantial
conformance. If the Director of Community Development finds the plan not to be in
substantial conformance, the applicant shall process a revised tentative map or, if a
final map has been recorded, the applicant shall process a new tentative map. A
determination of CEQA compliance shall also be required. (SC 4.3 -1)
51. Prior to issuance of grading permits the applicant shall provide evidence satisfactory
to the Director of Community Development, that the applicant shall provide for
monitoring of grading activities to comply with Section 7050.5 of the California Health
and Safety Code, regarding the discovery of human remains. If human remains are
found, the County Coroner shall be notified within 24 hours of the discovery. No
further excavation or disturbance of the site or any nearby area reasonably suspected
to overlie adjacent remains shall occur until the County Coroner has determined,
within two working days of notification of the discovery, the appropriate treatment and
disposition of the human remains. If the County Coroner determines that the remains
13
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
are or are believed to be Native American, s /he shall notify the Native American
Heritage Commission (NAHC) in Sacramento within 24 hours. In accordance with
Section 5097.98 of the California Public Resources Code, the NAHC must
immediately notify those persons it believes to be the most likely descended from the
deceased Native American. The designated Native American representative shall
complete their inspection within 48 hours of being granted access to the site. The
designated Native American representative would then make recommendations to the
applicant on the disposition of the human remains. (SC4.13 -1)
52. Prior to the issuance of the first grading permit and /or action that would permit project
site disturbance, the applicant shall provide written evidence to the Director of
Community Development that the applicant has retained a qualified Archaeologist to
observe grading activities and to salvage and catalogue archaeological and historic
resources, as necessary. The Archaeologist shall be present at the pre -grade
conference; shall establish procedures for archaeological resource surveillance; and
shall establish, in cooperation with the applicant, procedures for temporarily halting or
redirecting work to permit the sampling, identification, and evaluation of the artifacts,
as appropriate. If archaeological and /or historic resources are found to be significant,
the Archaeologist shall determine appropriate actions, in cooperation with the City
and applicant, for exploration and /or salvage. These actions, as well as final
mitigation and disposition of the resources, shall be subject to the approval of the
Director of Community Development. Based on their interest and concern about the
discovery of cultural resources and human remains during project grading, a qualified
Native American Monitor(s) shall be retained to observe the grading activities for
which an archaeological monitor is present. Nothing in this condition precludes the
retention of a single cross - trained observer who is qualified to monitor for both
archaeological and paleontological resources. (MM 4.13 -1)
53. Prior to the issuance of the first grading permit and /or action that would permit project
site disturbance, the applicant shall provide written evidence to the Director of
Community Development that the applicant has retained a qualified Paleontologist to
observe grading activities and to conduct salvage excavation of paleontological
resources as necessary. The Paleontologist shall be present at the pre - grading
conference; shall establish procedures for paleontological resources surveillance; and
shall establish, in cooperation with the City, procedures for temporarily halting or
redirecting work to permit the sampling, identification, and evaluation of the fossils as
appropriate. Any earth - moving activity associated with development, slope
modification, or slope stabilization that requires moving large volumes of earth shall
be monitored according to the paleontological sensitivity of the rock units that underlie
the affected area. All vertebrate fossils and representative samples of
megainvertebrates and plant fossils shall be collected. Productive sites that yield
vertebrates should be excavated, and approximately 2,000 pounds (Ibs) of rock
samples should be collected to be processed for microvertebrate fossil remains. If
any scientifically important large fossil remains are uncovered during earth- moving
activities, the Paleontologist shall divert heavy equipment away from the fossil site
14
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
until s /he has had an opportunity to examine the remains. If warranted, a rock sample
shall be collected for processing. The Paleontologist shall be equipped to rapidly
remove fossil remains and /or matrix (earth), and thus reduce the potential for any
construction delays. If scientifically important fossil remains are observed and if
safety restrictions permit, the Construction Contractor shall allow the Paleontologist to
safely salvage the discovery. At the Paleontologist's discretion, the Grading
Contractor may assist in the removal of the fossil remains and rock sample to reduce
any construction delays. All fossils shall be documented in a detailed Paleontological
Resource Impact Mitigation Report. Fossils recovered from the field or by processing
shall be prepared; identified; and, along with accompanying field notes, maps and
photographs, accessioned into the collections of a designated, accredited museum
such as the Natural History Museum of Los Angeles County (LACM) or the San Diego
Natural History Museum. Because of slope modification, fossil- bearing exposures of
the Quaternary marine deposits may be destroyed. If feasible, a few stratigraphic
sections with fossil- bearing horizons shall be preserved for educational and scientific
purposes. (MM 4.13 -3)
54. Prior to the issuance of the first grading permit and /or action that would allow for
project site disturbance, the applicant shall provide written evidence that a
paleontological survey has been conducted pursuant to the requirements of Mitigation
Measure 4.13 -4 of the FEIR..(MM 4.13.4)
55. Prior to the issuance of the first grading permit and /or action that would permit project
site disturbance, the applicant shall provide evidence to the City of Newport Beach
Police Department that a construction security service or equivalent service shall be
established at the construction site along with other measures, as identified by the
Police Department and the Public Works Department, to be instituted during the
grading and construction phase of the project. (SC4.14 -5)
56. Prior to issuance of applicable grading permits the applicant shall submit for review
and approval by the Director of the Municipal Operations Department, a V =200'
Utilities Master Plan prepared by a Registered Civil Engineer consistent with the NBR
Master Development Plan showing all existing and proposed public and private sewer
pump stations, force mains, laterals, mains and manholes, domestic water service
facilities including gate and butterfly valves, pressure reducing stations, pressure
zones, fire hydrants, meters, storm drain facilities to include storm drain mains,
laterals, manholes, catch basins, inlets, detention and retention basins, water quality
basins and energy dissipaters, outlets, pipe sizes, pipe types fiber optics, electricity,
gas and telephone /telecommunications and any other related facilities as identified by
the Director of the Municipal Operations Department. The Master Utilities Plan shall
provide for the following:
a. All public utilities shall be constructed within dedicated public rights of way
and /or easements or as approved by the Director of Public Works.
15
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
b. The water quality basin and diffuser basin within the development as described
on lots I and L respectively shall be maintained by the entity identified in the
open space management plan. The water quality basin within the Community
Park as described on lot 194 shall be constructed as part of the Community
Park, offered for dedication to the City as part of the Community Park, and upon
acceptance by the City shall be publicly maintained.
c. Domestic water plans shall be designed to take advantage of existing City of
Newport Beach water transmission facilities that connect to the project site to
minimize off -site impacts. (PDF4.15 -3)
d. Domestic water plans shall provide a level of redundancy by making a
connection between the City of Newport Beach Zone 1 and Zone 2 water lines.
(PDF 4.15 -2)
57. Prior to issuance of applicable grading permits the applicant shall submit a Park and
Trails Implementation Plan to be reviewed and approved by the Director of Community
Development, Director of Public Works, and Recreation and Senior Services Director.
The Park and Trails Implementation Plan shall include at a minimum:
a. Community Park Improvement Plans for the North and Central Community Park.
b. A project schedule describing the sequencing of construction of park and trail
improvements and the timing for the design, construction, and dedication or
recordation of public easements of all parks and trails within the project.
58.Prior to issuance of applicable grading permits, the applicant shall submit a
construction management and delivery plan for each phase of construction to be
reviewed and approved by the Director of Public Works. Upon approval of the plan,
the applicant shall be responsible for implementing and complying with the
stipulations set forth in the approved plan. (SC 2.12 -1) The construction management
plan shall include, at a minimum, the following:
a. Construction phasing plan.
b. Parking plan for construction vehicles and plan for equipment storage.
c. Construction area traffic management plan for the project for the issuance of a
haul route permit. The traffic management plan shall be designed by a
registered Traffic Engineer. The traffic management plan shall identify
construction phasing and address traffic control for any temporary street
closures, detours, or other disruptions to traffic circulation and public transit
routes. The traffic management plan shall identify the routes that construction
vehicles shall use to access the site, the hours of construction traffic, traffic
controls and detours, vehicle staging areas, and parking areas for the project.
Advanced written notice of temporary traffic disruptions shall be provided to
emergency service providers and the affected area's businesses and the
general public. This notice shall be provided at least two weeks prior to
disruptions. The applicant shall ensure that construction activities requiring
more than 16 truck (i.e., multiple axle vehicle) trips per hour on West Coast
Highway, such as excavation and concrete pours, shall be prohibited between
June 1 and September 1 to avoid traffic conflicts with beach and tourist traffic.
16
e.
f.
9•
h.
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
At all other times, such activities on West Coast Highway shall be limited to 25
truck (i.e., multiple axle vehicle) trips per hour unless otherwise approved by the
Director of Public Works. Haul operations shall be monitored by the Department
of Public Works, and additional restrictions may be applied if traffic congestion
problems arise. A staging area shall be designated on -site for construction
equipment and supplies to be stored during construction. (SC 4.9 -3)
A construction and equipment staging area plan which shall be located in the
least visually prominent area on the site and shall be properly maintained
and /or screened to minimize potential unsightly conditions.
A construction fencing plan to include installation of a six - foot -high screen and
security fence to be placed around the construction site during construction.
A 24 hour hotline number shall be provided at all construction sites for
complaints or questions regarding construction activities. (refer to MM 4.10 -9)
Construction mitigation measures as required by the MMRP.
A statement that all grading and construction shall comply with NBMC Section
10.28.040 (Noise Ordinance). (SC 4.12 -1)
A statement requiring construction contractors to sweep paved roads within and
adjacent to the project site if visible soil materials are carried to the streets.
Street sweepers or roadway washing trucks shall comply with SCAQMD Rule
1186 and shall use reclaimed water if available.
A statement that all grading plans and specifications include temporary noise
barriers for all grading, hauling, and other heavy equipment operations that
would occur within 300 feet of sensitive off -site receptors and occur for more
than 20 consecutive working days. The noise barriers shall be 12 feet high, but
may be shorter if the top of the barrier is at least one foot above the line of sight
between the equipment and the receptors. The barriers shall be solid from the
ground to the top of the barrier and have a weight of at least 2.5 pounds per
square foot, which is equivalent to % inch thick plywood. The barrier design
shall optimize the following requirements: (1) the barrier shall be located to
maximize the interruption of line of sight between the equipment and the
receptor, which is normally at the top of slope when the grading area and
receptor are at different elevations. However, a top of slope location may not be
feasible if the top of slope is not on the project site; (2) the length and of the
barrier shall be selected to block the line of sight between the grading area and
the receptors; (3) the barrier shall be located as close as feasible to the
receptor or as close as feasible to the grading area; a barrier is least effective
when it is at the midpoint between noise source and receptor. If preferred by
the applicant or contractor, the construction of a temporary earth berm may be
used as the noise barrier. Earth berms provide greater noise reduction than
wood or masonry walls of the same height. A temporary noise barrier shall not
be required when it is demonstrated to the Director of Community Development
that a barrier would not be feasible. Reasons may include, but not be limited to
(1) the barrier would cause impacts more severe than the construction noise,
(2) the barrier would interfere with the construction work, and (3) a property
owner refuses to allow the barrier. (MM 4.12 -1)
17
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
k. A statement that contractors be required to implement the following measures:
i. Construction waste diversion will be increased by 50 percent from
2010 requirements.
ii. To the extent practical, during the oilfield clean -up and
remediation process, the contractors will be required to recycle
and reuse materials on site to minimize off -site hauling and
disposal of materials and associated off -site traffic. (PDF4.11 -5)
I. A statement to be provided to all construction contractors that requires all
construction contractors to comply with South Coast Air Quality Management
District's (SCAQMD's) Rules 402 and 403 in order to minimize short-term
emissions of dust and particulates. SCAQMD Rule 402 requires that air
pollutant emissions not be a nuisance off site. SCAQMD Rule 403 requires that
fugitive dust be controlled with Best Available Control Measures so that the
presence of such dust does not remain visible in the atmosphere beyond the
property line of the emission source. This requirement shall be included as
notes on the contractor specifications. Table 1 of Rule 403 lists the Best
Available Control Measures that are applicable to all construction projects. The
measures include, but are not limited to, the following:
i. Clearing and grubbing: Apply water in sufficient quantity to
prevent generation of dust plumes.
ii. Cut and fill: Pre -water soils prior to cut and fill activities and
stabilize soil during and after cut and fill activities.
iii. Earth- moving activities: Pre -apply water to depth of proposed
cuts; re -apply water as necessary to maintain soils in a damp
condition and to ensure that visible emissions do not exceed 100
feet in any direction; and stabilize soils once earth - moving
activities are complete.
iv. Importing /exporting of bulk materials: Stabilize material while
loading to reduce fugitive dust emissions; maintain at least six
inches of freeboard on haul vehicles; and stabilize material while
transporting to reduce fugitive dust emissions.
V. Stockpiles /bulk material handling: Stabilize stockpiled materials;
stockpiles within 100 yards of off -site occupied buildings must not
be greater than 8 feet in height, must have a road bladed to the
top of the pile to allow water truck access, or must have an
operational water irrigation system that is capable of complete
stockpile coverage.
m. Traffic areas for construction activities: Stabilize all off -road traffic and parking
areas; stabilize all haul routes; and direct construction traffic over established
haul routes. Rule 403 defines large operations as projects with 50 or more
acres of grading or with a daily earth- moving volume of 5,000 cubic yards at
least 3 times in 1 year. The project is considered a large operation. Large
operations are required to implement additional dust - control measures (as
specified in Tables 2 and 3 of Rule 403), provide additional notifications,
signage, and reporting, and appoint a Dust Control Supervisor. The Dust
IN
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
Control Supervisor is required to:
• Be employed by or contracted with the applicant;
Be on the site or available on site within 30 minutes during
working hours;
• Have the authority to expeditiously employ sufficient dust
mitigation measures to ensure compliance with all Rule 403
requirements; and
• Have completed the AQMD Fugitive Dust Control Class and have
been issued a valid Certificate of Completion for the class.
(SC4.10 -1)
n. A statement that all construction vehicles or equipment, fixed or mobile, shall be
equipped with properly operating and maintained mufflers; mufflers shall be
equivalent to or of greater noise reducing performance than manufacturer's
standard. Stationary equipment, such as generators, cranes, and air
compressors, shall be located as far from local residences and the Carden Hall
School as feasible. Where stationary equipment must be located within 250 feet
of a sensitive receptor, the equipment shall be equipped with appropriate noise
reduction measures (e.g. silencers, shrouds, or other devices) to limit the
equipment noise at the nearest sensitive residences to 65 dBA Leq. Equipment
maintenance, vehicle parking, and material staging areas shall be located as far
away from local residences and the Carden Hall School as feasible. (MM 4.12-
2)
o. A statement that contractors shall be required to provide a minimum two week
notification to affected residents within 300 feet and the Carden Hall school of
the start date, duration, and nature, and noise abatement measures of any
grading operation or similar noise generating activity. (MM 4.12 -3)
p. A notification for contractors that the operation of large bulldozers, vibratory
rollers, and similar heavy equipment is prohibited within 25 feet of any existing
off -site residence. (MM 4.12 -4)
q. No idling of construction vehicles or equipment shall be allowed. Construction
vehicles and equipment shall be properly operated and maintained and shall be
turned off immediately. Construction workers, equipment operators or truck
drivers shall not employ any form of audible signaling system during any phase
of construction.
59. Prior to the issuance of a grading permit for Bluff Road and /or 15th Street, the
applicant shall provide written notice to affected residents of an offer of a program
(Program) for the retrofit and installation of dual pane windows /sliding doors and
balcony barrier extensions on the fagade facing the Newport Banning Ranch property.
The Program offer shall only apply to the owners of the residences (Owners) with rear
elevations directly adjacent to the Newport Banning Ranch property in the western
and northern boundaries of Newport Crest Condominiums impacted by significant
noise levels (significant being a cumulative increase over existing conditions greater
than 5 dBA) associated with the Project as determined by a licensed Acoustical
Engineer. Improvements shall be subject to the approval of the Newport Crest
19
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
Homeowners Association (Association) and Owners. The applicant shall be
responsible for the implementation of the Program pursuant to the following
provisions and guidelines: (i) in order to participate in the Program and receive new
windows /sliders, each participating Owner must provide written notice to the applicant
within 45 days following receipt of the proposed Program from the applicant, that the
owner wants to participate in the program; (ii) failure to respond within such time
period shall mean the Owner desires not to participate; (iii) following receipt of written
notice from participating Owners, the applicant shall obtain a cost estimate and
submit written specifications from a licensed and bonded window contractor to the
Owners and the Association for design /architectural approval; (iv) following receipt of
design /architectural approval from the Owners and the Association of written
specifications, the applicant shall enter into a contract with a qualified, licensed and
bonded contractor for the installation of windows /sliders to the participating Owners'
condominiums as part of one overall program pursuant to the contract between the
applicant and the contractor; (v) the total cost of the Program shall be paid by the
Applicant on behalf of the Owners in an amount not exceed the total cost identified in
the cost estimate approved by the applicant. (MM 4.12 -7) Nothing in this condition
shall prohibit the City from issuing a grading permit for Bluff Road or 15th Street in the
event any or all Owners decline to participate in the Program.
60.Prior to issuance of applicable grading permits for roadway improvements, the
applicant shall submit a "dark sky" lighting plan consistent with the requirements of
the NBR -PC to be reviewed and approved by the Director of Public Works. The "dark
sky" lighting plan shall indicate the location of street lights which may only be utilized
at key intersection locations as approved by the Public Works Department. (PDF 4.6-
4)
61. Prior to issuance of grading permits, if determined necessary by the Director of
Community Development , the applicant shall record a Letter of Consent from any
affected property owners permitting off -site grading, cross lot drainage, drainage
diversions, and /or unnatural concentrations. This process will ensure that construction
activities requiring encroachment permits or having temporary effects on adjacent
parcels are properly noticed and coordinated. (SC 4.3.2)
62.Prior to the issuance of grading permits, the applicant shall prepare a Storm Water
Pollution Prevention Plan ( SWPPP) and Notice of Intent (NOI) to comply with the
Construction General Permit and submit the above to the State Water Quality Control
Board for approval and made part of the construction program. The applicant shall
provide the City with a copy of the NOI and their application check as proof of filing
with the State Water Quality Control Board. The SWPPP shall detail measures and
practices that will be in effect during construction to minimize the project's impact on
water quality.
63. Prior to issuance of grading permits, the applicant shall prepare and submit a Final
Water Quality Management Plan (WQMP) for the proposed project, subject to the
Ra
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
approval of the Director of Community Development and Director of Public Works.
The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure
that no violations of water quality standards or waste discharge requirements occur.
The WQMP must also identify the entity responsible for the long -term inspection,
maintenance, and funding for all structural (and if applicable Treatment Control)
BMPs.
64. Prior to issuance of precise grading permits for any residential, commercial, resort or
park development area the applicant shall commence implementation of the NBR
Habitat Restoration Plan as described in the NBR Master Development Plan which
includes designation of a minimum of 220 gross acres as wetland restoration /water
quality areas, habitat conservation, and restoration mitigation areas. (PDFs 4.6. -1 and
4.6 -2)
65. Prior to the issuance of grading permits, the applicant shall submit a planting plan for
the arroyos for review and approval by a qualified biologist designated by the Director
of Community Development. The arroyos planting plan shall identify the use of native
riparian vegetation consistent with the NBR Master Development Plan, Appendix A,
Habitat Restoration Plan. (PDF4.4 -4)
66. Prior to issuance of applicable grading permits adjacent to bluff slopes the applicant
shall submit for review and approval by the Director of Community Development, a
grading plan to implement the Bluff /Slope Restoration Plan as described in the NBR
Master Development Plan that identifies eroded portions of bluff slopes to be repaired
and stabilized and identifies a planting plan utilizing native vegetation that does not
require permanent irrigation. (PDF- 4.3 -3)
Prior to Issuance of Demolition and Building Permits
67. Prior to issuance of building permits for applicable portions of the project, subject to
grading permits, site remediation activities consistent with the Final RAP shall be
completed to the satisfaction of all state and local agencies with oversight
responsibility as identified in the Final RAP.
68.Prior to the issuance of a building permit for the construction of residential and
commercial uses, the applicant shall pay the required Property Excise Tax to the City
of Newport Beach, as set forth in its Municipal Code ( §3.12 et seq.) for public
improvements and facilities associated with the City of Newport Beach Fire
Department, the City of Newport Beach Public Library, and City of Newport Beach
public parks. (SC 4.14 -1)
69. Prior to the issuance of building permits the applicant shall obtain approval of a plan
stating that water for firefighting purposes and an all weather fire access road shall be
in place before any combustible materials are placed on site. Fire access roads shall
be designed to support the 75,000 pound load of fire apparatus for year round
weather conditions.
21
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
70. Prior to the issuance of any residential building permit, the applicant shall submit for
review and shall obtain the approval of the Director of Community Development,
plans indicating the location and type of unit address lighting to be installed.
71. Prior to the issuance of building permits, the applicant shall complete that portion of
the approved fuel modification plan determined to be necessary by the City of
Newport Beach Fire Department prior to the introduction of any combustible materials
into the area. This generally involves removal and thinning of plant materials indicated
on the approved fuel modification plan(s). (SC 4.14 -3)
72. Prior to the issuance of building permits, the applicant shall pay applicable fees to the
Newport -Mesa Unified School District Pursuant to Section 65995 of the California
Government Code Payment of the adopted fees would provide full and complete
mitigation of school impacts. (SC 4.14 -6)
73. Prior to the issuance of building permits for any residential unit, the applicant shall pay
the City of Newport Beach the applicable portion of a fire facilities impact fee equal to
its fair share of the need for a relocated Fire Station Number 2, as may be further
defined in the DA. The fair share fee shall be based on total number of project
dwelling units as a ratio of the total number of dwelling units within the service area of
relocated Fire Station Number 2. (MM 4.14 -2)
74. Prior to issuance of any demolition permit testing for all structures for presence of
lead -based paint (LBP) and /or asbestos - containing materials (ACMs) shall be
completed. The Asbestos - Abatement Contractor shall comply with notification and
asbestos removal procedures outlined in the South Coast Air Quality Management
District's (SCAQMD's) Rule 1403 to reduce asbestos - related air quality health risks.
SCAQMD Rule 1403 applies to any demolition or renovation activity and the
associated disturbance of ACMs. This requirement shall be included on the
contractors' specifications and verified by the Director of Community Development.
All demolition activities that may expose construction workers and /or the public to
ACMs and /or LBP shall be conducted in accordance with applicable regulations,
including, but not limited to Title 40 of the Code of Federal Regulations (CFR),
Subchapter R (Toxic Substances Control Act); CalOSHA regulations (Title 8 of the
California Code of Regulations §1529 [Asbestos] and §1532.1 [Lead]); and SCAQMD
Rule 1403 (Asbestos Emissions from Demolition /Renovation Activities). The
requirement to adhere to all applicable regulations shall be included in the contractor
specifications, and such inclusion shall be verified by the Director of Community
Development prior to issuance of the first grading permit. (SC 4.5 -1)
75. Prior to issuance of applicable building permits, the applicant shall submit to the
Director of Community Development for review and approval, architectural plans and
an accompanying noise study that demonstrates that interior noise levels in the
22
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
habitable rooms of residential units due to exterior transportation noise sources would
be 45 dBA CNEL or less. Where closed windows are required to achieve the 45 dBA
CNEL limit, project plans and specifications shall include ventilation as required by the
California Building Code. (SC4.12 -3)
76. Prior to issuance of applicable building permits, the applicant shall submit for review
and approval by the City of Newport Beach Police Department, development plans for
the incorporation of defensible space concepts to reduce demands on police services.
Public safety planning recommendations shall be incorporated into the project plans.
The applicant shall prepare a list of project features and design components that
demonstrate responsiveness to defensible space design concepts. (SC 4.14 -4)
77. Prior to the issuance of building permits plans shall be submitted to the satisfaction of
the Director of Community Development to include requirements that all contractor
specifications include a note that architectural coatings shall be selected so that the
VOC content of the coatings is compliant with SCAQMD Rule 1113. (SC 4.10 -2)
78. Prior to the issuance of building permits the applicant shall submit for review and
approval by the Director of Community Development building plans designed to meet
or exceed all State Energy Insulation Standards and City of Newport Beach codes in
effect at the time of application for building permits. Commonly referred to as Title 24,
these standards are updated periodically to allow consideration and possible
incorporation of new energy efficiency technologies and methods. Title 24 covers the
use of energy- efficient building standards, including ventilation; insulation;
construction; and the use of energy- saving appliances, conditioning systems, water
heating, and lighting. Plans submitted for building permits shall include written notes
or calculations demonstrating compliance with energy standards. (SC 4.15 -3)
79. Prior to the issuance of building permits for any residential, commercial, visitor
serving, or park and recreation use, annexation of the unincorporated area of the
project site approved for residential, commercial, visitor serving and park and
recreation purposes to the City of Newport Beach shall be completed and approved
by the OCLAFCO as set forth in Government Code Section 56658 and summarized in
OCLAFCO's Processing Policies and Procedures Manual.
80.Prior to the issuance of building permits for any residential, commercial, visitor
serving, or park and recreation use, the applicant shall provide evidence satisfactory
to the Fire Department that adequate permanent or temporary fire protection facilities
are in place on the job site and are tested prior to placing any combustible material on
the job site.
81. Prior to the issuance of each building permit for multi - family residential dwelling units
with subterranean parking and the resort inn, the applicant shall submit plans for
approval by the Director of Community Development, that provide for the following:
23
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
e. The designation of a minimum of three percent of the total parking spaces
provided as electric or hybrid vehicle parking spaces; and
f. Installation of facilities for Level 2 electric vehicle recharging, unless it can be
demonstrated to the satisfaction of the Director of Community Development that
the technology for these facilities or availability of the equipment current at the
time renders installation of these facilities infeasible. (MM 4.11 -5)
82. Prior to the issuance of each building permit for residential dwelling units with
attached garages, the applicant shall submit plans for approval by the Director of
Community Development that provide for the following:
g. Identification of a specific place or area within each residential dwelling unit
where a Level 2 electric vehicle charging station could be safely installed by the
homeowner after purchase;
h. The installation by the residential builder of the conduit necessary for the future
installation of a Level 2 charging station in each residential dwelling unit; and
i. Evidence that the electrical load of each residential dwelling unit is designed to
accommodate a Level 2 charging station. (MM 4.11 -5)
Prior to Issuance of Certificates of Use and Occupancy
83. Prior to issuance of certificates of use and occupancy for any residential dwelling unit,
the resort inn, or any commercial structure in Site Planning Area 10a (northerly block
only), Site Planning Area 10b (northerly block only), and Site Planning Area 12b, Fire
Station Number 2 shall be complete and operational at the existing City Hall site at
3300 Newport Boulevard or at another location that the Newport Beach Fire
Department has determined is sufficient to provide fire response within the Fire
Department's established response time standards. (MM 4.14 -1) In the event the
replacement station for Fire Station 2 is not operational in time for issuance of use
and occupancy for the above stated Site Planning Areas, then prior to issuance of
building permits for any combustible structure in the above Site Planning Areas, the
applicant shall provide and improve a site, as defined by the Development Agreement
within the Community Park, areas for a temporary facility of sufficient size to
accommodate one engine company and one paramedic ambulance of at least three
firefighters on a 7- day /24 -hour schedule. The temporary fire station site shall be within
the project limits of disturbance approved as a part of the project such that no new
environmental effects would occur. (MM 4.14 -3)
84. Prior to issuance of certificate of use and occupancy for any residential, resort or
commercial use, the applicant shall complete construction of all applicable roadways,
parkways, median and median landscaping, sidewalks, intersection street lights,
streets, alleys, traffic signals and signage and utilities including but not limited to
em
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
water, water quality management, sewer, storm drain, fiber optics, gas, electricity,
telephone and telecommunications necessary to serve the use and the above
facilities shall be operational to serve the use, the extent of which shall be determined
by the Director of Public Works and the Director of the Municipal Operations
Department.
85. Prior to the issuance of a certificate of use and occupancy for the 350th residential
dwelling unit in the North Family Village, i) the park improvements shall be completed
by the applicant for the Vernal Pool Interpretive Park within Lot F and for the Nature
Center Interpretive Park within Lot 233, and ii) CC &Rs, deed restrictions, access
easements, or other instruments providing for public access and use of the facilities in
perpetuity, and including the timing for opening of the facilities for public use, shall be
recorded to the satisfaction of the Director of Community Development.
86. Prior to the issuance of the 350th certificate of use and occupancy for any residential
use in either the North Family Village or Urban Colony, the construction of
improvements to the Talbert Trailhead Staging Area Interpretive Park ( "Talbert
Trailhead ") within Lot Q shall be completed by the applicant, and public access
easements, CC &Rs, deed restrictions or other instrument providing for public access
and permanent maintenance for the Talbert Trailhead in perpetuity, and including the
timing for opening of the facility for public use, shall be recorded to the satisfaction of
the Director of Community Development.
87. Prior to the issuance of the first certificate of use and occupancy for Lot 1, Urban
Colony the construction of all improvements to North Bluff Park, Lot 189, including all
trail and recreational improvements shall be completed by the applicant, and deed
restrictions, access easements, or other instruments providing for public access and
use of this portion of North Bluff Park in perpetuity, and including the timing for
opening of the facility for public use, shall be recorded to the satisfaction of the
Community Development Director.
88. Prior to the issuance of the a certificate of use and occupancy for the 350th
residential dwelling unit in either the North Family Village or the Urban Colony
whichever is first, the construction of the Lowland, Upland, and Bluff Toe Interpretive
Trails shall be completed by the applicant, and CC &Rs, deed restrictions, access
easements, or other instruments providing for public access and use of the facilities in
perpetuity, and including the timing for opening of the facilities for public use, shall be
recorded to the satisfaction of the Director of Community Development.
89. Prior to the issuance of a certificate of use and occupancy for the 209th residential
dwelling unit in the North Family Village, the construction of the Southern Arroyo Trail
shall be completed by the applicant, and CC &R's, deed restrictions, access
easements, or other instruments providing for public access and use of the facility in
perpetuity, and including the timing for opening of the facility for public use, shall be
recorded to the satisfaction of the Director of Community Development.
25
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
90. Prior to the issuance of certificates of use and occupancy, applicable fuel modification
shall be installed and completed by the applicant and inspected by the Fire
Department. This includes physical installation of features identified in the approved
NBR Fire and Life Safety Program (including but not limited to plant establishment,
thinning, irrigation, zone markers, and access easements, among others). If
satisfactory, a Newport Beach Fire Department Official shall provide written approval
of completion at the time of this final inspection. If applicable, a copy of the approved
plans shall be provided to the Homeowners Association (HOA). Fuel modification
shall be maintained as originally installed and approved The applicable Property
Owner, HOA, or other party that the City deems acceptable shall be responsible for all
fuel modification zone maintenance. All areas shall be maintained in accordance with
the approved Fuel Modification Plan(s). This generally includes a minimum of two
growth reduction maintenance activities throughout the fuel modification areas each
year (spring and fall). Other activities include maintaining irrigation systems, replacing
dead or dying vegetation with approved materials, removing dead plant material, and
removing undesirable species. The Fire Department shall conduct regular inspections
of established fuel modification areas. Ongoing maintenance shall be conducted
regardless of the date of these inspections to ensure that the landscape palette will be
maintained as approved. (SC 4.14 -3)
91.Prior to the issuance of certificates of use and occupancy the applicant shall
demonstrate to the satisfaction of the Director of Public Works that applicable street
name signs have been installed.
92. Prior to the issuance of certificates of use and occupancy permits the applicant shall
demonstrate to the satisfaction of the Director of Public Works that all street
improvements damaged during construction have been repaired or replaced.
93. Prior to the issuance of a certificate of use and occupancy for any model home
complex, the applicant shall complete construction of roadway improvements
adequate to serve the model home complex to the satisfaction of the Director of
Public Works and the Director of Community Development.
94.Prior to the issuance of the first certificate of use and occupancy, (excepting model
home complexes) for the South Family Village or Resort Colony, whichever is first,
the construction of the following roadways shall be complete, consistent with the
roadway sections indicated on Tentative Tract Map No. 17308:
a. West Coast Highway improvements within the full length of right of way
adjacent to the project to include median reconstruction, design and
installation of the traffic signal at Bluff Road and West Coast Highway,
construction of full roadway improvements including sidewalk along the
inland half section, and restriping of the intersection of West Coast
Highway and Newport Boulevard to provide for one southbound right turn
lane, one shared right turn/ left turn lane, and one left turn lane.
W
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
b. Full width right of way improvements for Bluff Road and North Bluff Road
from West Coast Highway to 16th Street.
c. Full width right of way improvements for 15th Street from Bluff Road to
the point approved by the Director of Public Works where 15th Street
tapers to meet road improvements existing at the easterly project
boundary.
d. Partial improvements for 15th Street from the easterly project boundary to
Monrovia Avenue sufficient to provide at a minimum, a functional two
lane roadway as determined by the Director of Public Works.
e. Full improvements if feasible, or partial improvements providing at a
minimum a functional two lane roadway as determined by the Director of
Public Works, for 16th Street between North Bluff Road and the existing
terminus at the easterly project boundary.
f. Construction of a traffic signal at the intersection of 15th Street and Bluff
Road.
95. Prior to the issuance of the first certificate of use and occupancy for the North Family
Village and /or Urban Colony, (excepting model home complexes) whichever is first,
the applicant shall complete construction of the following roadways consistent with
the sections indicated on Tentative Tract Map No. 17308:
a. Full width improvement of North Bluff Road from 16th Street to 17th
Street.
b. Partial improvement to North Bluff Road from 17th Street to the
northern boundary of Lot 1, including establishment of the eastern
curb line in a location compatible with implementation of a full Primary
Arterial with the extent of remaining improvements to be determined
by the Director of Public Works.
c. Full width improvement of 16th Street from North Bluff Road to the
easterly boundary of the Project.
d. Full width improvement of 17th Street from North Bluff Road to a point
at the easterly boundary of the Project where 17th Street tapers to
meet existing off -site improvements as determined by the Director of
Public Works.
e. Construction of a traffic signal at the intersection of North Bluff Road
and 17th Street.
96. Prior to the issuance of the first certificate of use and occupancy for any residential,
commercial, or resort use in the project all applicable master infrastructure
improvements identified in the Final SWPPP and WQMP including debris basins, bio-
swales, energy dissipaters, drainage pipes, water quality basins and other
improvements shall be constructed and the applicant shall provide all necessary
dedications, deed restrictions, covenants or other instruments for the long term
maintenance of the facilities in a manner meeting the approval of the Director of
Public Works.
27
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
97. Prior to the issuance of the certificate of use and occupancy for the 1015t residential
dwelling unit in the South Family Village and Resort Colony combined, or prior to the
issuance of the first certificate of occupancy for the Resort Inn facility, whichever
comes first, the applicant shall complete construction of all improvements to South
Bluff Park including all trail and recreational improvements, and deed restrictions,
access easements, or other instruments providing for public access and use of the
South Bluff Park, in perpetuity, and including the timing for opening of the South Bluff
Park for public use, shall be recorded to the satisfaction of the Director of Community
Development.
98. Prior to the issuance of the certificate of use and occupancy for the 150th residential
dwelling unit in the South Family Village and Resort Colony combined, the applicant
shall complete construction of all improvements to the South Community Park
including all recreational improvements, and CC &R's, deed restrictions, access
easements, or other instruments providing for public access and use of South
Community Park in perpetuity, and including the timing for the opening of South
Community Park for public use, shall be recorded to the satisfaction of the Director of
Community Development.
99. Prior to the issuance of the certificate of use and occupancy for the 209th residential
dwelling unit in the North Family Village, the applicant shall complete construction of
all improvements to North Bluff Park adjacent to the North Family Village including all
trail and recreational improvements, and CC &R's, deed restrictions, access
easements, or other instruments providing for public access and use of the North Bluff
Park in perpetuity, and including the timing for opening of the North Bluff Park for
public use, shall be recorded to the satisfaction of the Director of Community
Development.
100. Prior to issuance of certificates of use and occupancy for Lots 1, 10 -88, 128 -162,
184, 185, and 187 the applicant shall construct the water quality basin located in Lot
I and this facility shall be operational to the satisfaction of the Director of Public
Works. (PDF 4.4 -2)
101. Prior to issuance of certificates of use and occupancy for Lots 89 -125, 163 -183, 186
and 188 the applicant shall construct the water quality basin and a diffusing basin
located in Lot L and these facilities shall be operational to the satisfaction of the
Director of Public Works. (PDF4.4 -2)
102. Prior to issuance of certificates of use and occupancy for the resort inn within Lot
228, the applicant shall demonstrate to the satisfaction of the Director of Public
Works that the applicant has submitted an application to Caltrans for approval of all
required Caltrans permits for the construction by the applicant of the
pedestrian /bicycle bridge spanning West Coast Highway as indicated on Tentative
Tract Map No. 17308. If the applicant receives approval from Caltrans for
construction of the pedestrian bridge, the applicant shall subsequently submit
improvement plans for review and approval by the Director of Public Works, Director
28
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
of Community Development and Director of Recreation and Senior Services for the
construction of the pedestrian bridge. (PDF4.8 -3) In the event all approvals are
obtained for construction of the pedestrian /bicycle bridge, the applicant shall
complete construction of the bridge prior to issuance of the final certificate of use
and occupancy for the resort inn. Nothing in this condition shall prohibit the City
from issuing a certificate of use and occupancy for the resort inn in the event that
CalTrans does not approve the applicant's request for permit approval for
construction of the pedestrian bridge. Nothing in this condition shall prohibit the City
from issuing a certificate of use and occupancy for Lot 228 in the event the resort
inn is not developed, pursuant to the provisions of the NBR Planned Community
Development Plan, and subsequently, applications for a pedestrian /bicycle bridge
are not submitted to Caltrans.
103. Prior to the issuance of the first certificate of use and occupancy including for the
first model home complex, the applicant shall submit an application for a Master
Sign Program to the Director of Community Development. Approval of the Master
Sign Program by the Planning Commission pursuant to the provisions of NBR
Planned Community Development Plan Section 4.13, "Community Master Sign
Program," is required prior to issuance of the first certificate of use and occupancy.
104. Prior to the issuance of certificates of use and occupancy for any residential,
commercial, visitor serving, or park and recreation use, fire hydrants shall be
installed and tested.
Subdivision Improvement Plans
105. All subdivision improvement plans shall identify the use of best management
practices (BMPs) for erosion control, sediment control, wind erosion control, storm
water and non -storm water management, and waste management/pollution control.
The BMP's identified for implementation shall demonstrate that potential effects on
local site hydrology, runoff, and water quality remain in compliance with all required
permits, City policies, and the Project's Water Quality Management Plan and Storm
Water Pollution Prevention Plan. (PDF4.4 -6)
106. The applicant shall design and /or construct all required onsite and offsite
improvements to permanent line and grade in accordance with NBMC Chapter
19.24 (Subdivision Design), with the exception of the deviations from this Chapter
as described on TTM No. 17308 and approved by the Director of Public Works.
107. The applicant shall design and /or construct all required onsite and offsite
improvements to permanent line and grade in accordance with NBMC Chapter
19.28 (Subdivision Improvement Requirements), with the exception of the
deviations from this Chapter as described on TTM No. 17308 and approved by the
Director of Public Works.
R7
Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
108. The applicant shall design and /or construct all required onsite and offsite
improvements to permanent line and grade in accordance with Chapter
19.32(Improvement Plans).
109. Approval of improvement plans shall in no way relieve the applicant or the
applicant's engineer of responsibility for the design of the improvements or from
any deficiencies resulting from the design, nor from compliance with any tentative
map condition of approval.
110. The applicant shall design and /or construct all required onsite and offsite
improvements to permanent line and grade in accordance with NBMC Chapter
19.36 (Completion of Improvements).
111. All subdivision improvement plans for arterial roadways within the Project and all
off -site City of Newport Beach roadways shall include the use of rubberized
asphalt, or pavement offering equivalent or better acoustical properties in
accordance with City standards. (SC4.12 -4)
112. All new utility lines to serve the project shall be installed in underground trenches.
113. Intersection design shall be approved by the Director of Public Works and comply
with City's sight distance standards.
114. All subdivision improvement plans shall include the use of light emitting diode
(LED) lights for street lights.
115. Subdivision improvement plans shall provide for the design and construction of
Ethernet traffic signal communication network improvements linking the new traffic
signal locations to the existing City traffic signal management system.
116. Subdivision improvement plans for roadway systems within the Project shall be
coordinated with the Orange County Transit Authority OCTA and the City to identify
locations, as applicable, for bus stops within the internal roadway system. If bus
turnout locations are identified during consultation with OCTA, the subdivision
improvement plans shall be designed to include the bus turnouts. (PDF 4.11 -3)
117. Subdivision improvement plans for Streets A, B, C, E, F, G, I and K shall be
designed to incorporate "Green Street" and other Low Impact Development
features such as bioswales and bio- cells, canopy street trees, traffic calming
features and minimal use of street lighting consistent with the requirements of the
NBR Master Development Plan, Appendix D, "Green and Sustainable Program."
(PDF4.4 -3)
118. All subdivision improvement plans shall include a drainage plan approved by the
Director of Public Works and Director of Community Development which is
designed to ensure that runoff systems from the Project to West Coast Highway
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Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
and the Semeniuk Slough will be stabilized and maintained through the Project's
drainage system. (PDF 4.4 -5)
119. Prior to approval of improvement plans for the pedestrian /bicycle bridge spanning
West Coast Highway, the applicant shall provide separate labor and material
improvement bonds or irrevocable letters of credit in a form and amount acceptable
to the Director of Public Works for 100% of estimated improvement cost, as
prepared by a Registered Civil Engineer and approved by the Director of Public
Works, for the construction of the pedestrian bridge.
120. All subdivision improvement plans shall conform to the following Fire Department
requirements:
a. Detailed plans of underground fire service mains shall be submitted to the Fire
Department for approval prior to installation. These plans shall be a separate
submittal to the Fire Department.
b. Blue hydrant identification markers shall be placed with new hydrants.
c. All weather access roads designed to support the 75,000 pound imposed load
of fire apparatus for year round weather conditions shall be installed and made
serviceable prior to and during time of construction for emergency personnel.
d. Fire apparatus access roads designed to support the 75,000 pound imposed
load of fire apparatus for year round weather conditions shall be maintained
and identified as per Newport Beach Guideline C.01 Emergency Fire Access
and C.02 Fire Lane Identification.
e. All security gates shall have knox locks for after hours emergency personnel
access to the construction site.
Release of Financial Security
121. Prior to the release of financial security, the applicant shall demonstrate to the
satisfaction of the Director of Public Works and the Director of Community
Development that the Project CC &Rs have been approved by the City Attorney and
the appropriate Association(s) has been formed.
122. Prior to the release of financial security, the applicant shall demonstrate to the
satisfaction of the Director of Public Works that all survey monuments damaged or
destroyed are restored.
123. Prior to the release of financial security, the applicant shall submit as -built plans
prepared by a Registered Civil Engineer depicting all street, traffic signal, sewer,
water, and storm drain improvements and street signage and signage placements,
traffic markings and painted curbing, and all other required improvements shall be
completed to the satisfaction of the Director of Public Works.
124. Prior to the release of financial security, all domestic water and sewer systems shall
be fully tested in the presence of a City staff representative, to verify system
performance in accordance with design specifications.
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Exhibit F
Conditions of Approval
Tentative Tract Map No. 17308
125. Prior to the release of financial security the applicant shall execute an agreement to
the satisfaction of the Director of Public Works and the Director of Community
Development which designates the maintenance responsibilities for all landscaping
and irrigation systems in the Project.
126. Prior to the release of financial security the applicant shall submit as built plans at
an appropriate scale to the Director of Recreation and Senior Services showing as-
built grading, trails, park improvements, and pedestrian bridge landing areas on
both sides of West Coast Highway (if the bridge is constructed).
127. Prior to the release of financial security the applicant shall demonstrate to the
satisfaction of the Director of the Municipal Operations Department that all
underground public utilities necessary for the construction of residential, resort, park
or commercial uses to proceed as indicated on Tentative Tract Map No. 17308 have
been completed in accordance with the approved Utilities Master Plan and that the
as -built plans for said improvements, prepared by a Registered Civic Engineer have
been submitted and approved by the Director of the Municipal Operations
Department.
128. Prior to the release of financial security, Sheet 1 of Tentative Tract Map No. 17308
shall be revised to indicate the home owner association (HOA) as responsible for
the maintenance of Lot 230 (South Community Park), indicating only the HOA as
responsible for the maintenance of Lot 233, and to indicate the proposed land use
for Lots F and Q as `Interpretive Park."
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Exhibit G
Newport Banning Ranch (NBR)
Affordable Housing Implementation Plan (AHIP)
July 2012
1.0 Introduction
1.1 Backaround
This Affordable Housing Implementation Plan (AHIP) has been prepared in order to comply
with the Housing Element of the Newport Beach General Plan as well as Chapter 19.54 of the
Newport Beach Municipal Code, Inclusionary Housing, which provides that an AHIP must be
prepared by Applicant to set forth a plan for meeting the City's goal of providing a balanced
residential community comprised of a variety of housing types and opportunities for all social
and economic segments of the community including very low, low and moderate income
households. This AHIP is provided in fulfillment of those requirements and details Applicant's
approved strategies for meeting City requirements.
Chapter 19.54.060 of the Municipal Code provides that "Residential subdivision projects of 51
dwelling units or more shall be required to submit an AHIP." Tentative Tract Map (TTM) 17308
is an element of Applicant's entitlement package. This map provides for a maximum of 1,375
dwelling units and meets the minimum threshold for submittal of a mandatory AHIP for City
review and adoption.
1.2 Project Description
The Newport Banning Ranch (NBR) is a 401 -acre master planned community regulated by the
City of Newport Beach (City) and other stakeholder governments. The master plan, following
extensive community outreach and facilitation, was crafted by a multi - disciplinary team of
architects, engineers, planners, and environmental specialists to implement the entitlement
standards provided under the Alternative Use option of the Newport Beach General Plan as
approved by voters in November, 2006.
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The Alternative Use option provides for 1,375 dwelling units, 75,000 square feet of retail and
convenience commercial, and a 75 -room coastal inn with spa facilities and services. More
than half of the property is to be set aside for open space for public parks and playgrounds as
well as protected areas for environmentally sensitive and other habitats. Oil production
facilities now on the site will be consolidated into two.drilling and production areas.
2.0 Affordable Housing Plan
2.1 Definitions
The Inclusionary Housing Ordinance provides further guidance on the preparation of an AHIP
and the City's published housing guidelines and rules including definitions. A number of those
definitions, especially definitions about rentals, are relevant to the NBR AHIP including:
A. Affordable Housing Agreement. The Agreement entered into is to be in
compliance with Section 19.54.080, which provides legal restrictions by which the
affordable units shall be restricted to ensure that the unit remains affordable to
very low -, low -, or moderate - income households, as applicable. With respect to
rental units, rent restrictions shall be in the form of a regulatory agreement
recorded against the applicable property. With respect to owner - occupied units,
resale controls shall be in the form of resale restrictions, deeds of trust, and /or
other similar documents recorded against the applicable property;
B. Affordable Housing Cost. Affordable housing cost for very low income
households shall not exceed 30 percent of 50 percent of area median income
adjusted for family size. Affordable housing cost for low income households shall
not exceed 30 percent of 70 percent of area median income adjusted for family
size. Affordable housing cost for moderate income households shall not be less
than 28 percent of the gross income of the household, nor exceed 35 percent of
110 percent of area median income adjusted for family size. In determining the
maximum household income for a given affordable unit, it shall be assumed that
each bedroom is occupied by two persons, except for efficiency units (one
person).
z
C. Affordable Rent. An annual rent that does not exceed 30 percent of maximum
income levels for very low -, low -, and moderate - income households, as adjusted
for household size. In determining the maximum household income for a given
affordable unit, it shall be assumed that each bedroom is occupied by two
persons, except for efficiency units (one person).
D. Affordable Unit. An ownership or rental housing unit, including senior housing,
affordable to households with very low -, low -, and moderate income as defined in
Section 9.54.020 of the Newport Beach Municipal Code.
E. Applicant. Newport Banning Ranch LLC, including any successor(s) -in- interest.
F. Cam. The City of Newport Beach.
G. Low- Income. Income between 50% and 80% of the Orange County median
income, adjusted for actual household size, as established annually by the
California Department of Housing and Community Development.
H. Moderate Income. Income between 80% and 120% of the Orange County
median income, adjusted for actual household size as established annually by
the California Department of Housing and Community Development.
I. Very Low Income. Income 50% or less of the Orange County median income,
adjusted for actual household size, as established annually by the California
Department of Housing and Community Development.
2.1 Affordable Housing Obligation
A. Number of Units /Income Levels. The City's Housing Element includes a goal
that 15% of all new housing units in the City be affordable to very low, low and
moderate income households. A maximum of 1,375 units are proposed'. The
Affordable Units shall be comprised of either:
I The unit count may vary based on final project approvals. The relative percentage of affordable units shall remain the
same.
3
1. Five Percent Very Low Income (69 units); or
2. Ten Percent Low Income (138 units); or
3. Fifteen Percent Moderate Income (206 units); or
4. A combination of the above.
For the purpose of calculating the number of affordable units in the event a
combination of units is to be provided, a Very Low Income Unit shall be deemed
to be the equivalent of three Moderate Income Units and two Low Income Units.
A Low Income Unit shall be the equivalent of 1.5 Moderate Income Units. For
example if 20 Very Low Income Units are provided either 146 Moderate Income
Units or 98 Low Income Unit would be required to complete the affordability
requirement.
B. If for any reason the number of approved market rate units authorized is not
constructed, or cannot be constructed due to the operation of law or economic
conditions, then the number of affordable units provided or the fees paid in -lieu of
providing rentals shall be reduced proportionally so that Applicant's obligation
does not exceed the percentage requirement.
C. Excess Affordable Units. In the event that Applicant constructs affordable units
in excess of the maximum required amount, Applicant may be entitled to such
additional incentives pursuant to the City's Density Bonus ordinance codified in
Newport Beach Municipal Code Chapter 20.32, as the same may be amended
from time to time. Such incentives shall be proposed and approved through an
Affordable Housing Implementation Agreement (See Section 2.5.A).
2.2 Methodology
A. Options. Applicant shall comply with its affordable housing obligation by any
combination of the following:
1. Constructing the new Affordable Units on -site or offsite.
4
2. The renovation and restriction of existing housing units.
3. The payment of the City's In -lieu Fee.
4. The dedication of land for affordable housing.
B. Minimum Onsite Requirement. A minimum of 50% of Affordable Housing
Obligation shall be provided on Site. Applicant and City agree that regardless of
the permissible measures employed by Applicant to meet Affordable housing
objectives and the mandates of the AHIP, including fee payments and /or land
dedications, Applicant will insure that at least 50% of the AHIP affordable
housing will be constructed on site as either for sale housing or rentals.
C. Off -site Location. Affordable units provided off -site, either through new
construction or through renovation and restriction of existing housing units, shall
be located within the boundaries of the City of Newport Beach.
D. Off -Site Renovation. Renovation of existing off -site units to affordable units shall
meet the following requirements:
1. The interiors and exteriors of the units shall be substantially renovated to
improve the livability and aesthetics of the units for the duration of the
affordability period.
2. The units shall be returned to the City's housing supply as decent, safe and
sanitary housing and meet all applicable Housing and Building Code
requirements.
3. Renovations shall include energy conserving retrofits that will contribute to
reduced housing costs for future occupants of the units.
4. The units shall not already be subject to affordability income restrictions
unless such restrictions are set to expire in three years or less. In such
cases, the affordability covenant shall provide for thirty (30) years in
addition to any existing covenant time.
5
E. In -Lieu Fee. Applicant shall, at Applicant's election, be permitted to pay an in-
lieu fee for each unit constructed in order to fulfill up to 50% of the Inclusionary
Housing Program requirements.
1. The per dwelling unit in -lieu fee will be paid at the time each dwelling unit
building permit for market rate housing units is otherwise ready to issue.
2. The per dwelling unit in -lieu fee will be paid in the amount in effect at the
time each dwelling unit building permit for market rate housing units is
otherwise ready to issue.
3. There shall be no such Inclusionary Housing Program fees required for
Commercial, Institutional, or Resort buildings, including lodging buildings.
F. Land Dedication. In addition to the provision of on -site affordable units for
eligible households provided by Applicant or Applicant's agents, Applicant may
also propose to dedicate land to the City or to a City- designated housing
developer for the provision of affordable units in lieu of constructing any or all of
the affordable units required by City regulations.
1. The land offered for dedication shall be of sufficient size to construct the
number of affordable units that Applicant would otherwise be required to
construct.
2. In the event that Applicant cannot dedicate such land in time to fulfill City
requirements for a particular sequence of market rate housing, then
Applicant shall post improvement security subject to approval by City
guaranteeing such dedication by a time certain.
3. Any land offered for dedication shall be assumed to accommodate 40
units per acre.
4. Any land offered for dedication shall have suitable topography and
sufficient vehicular access and infrastructure to accommodate 40 units per
acre.
a
5. The location and size of the land to be dedicated shall be subject to the
approval of the City Council, which approval shall not be unreasonably
withheld.
2.3 Term
City and Applicant understand and acknowledge that any affordable units provided as qualified
Inclusionary Housing Program units shall be restricted for a period of not less than thirty (30)
years; and, that such the Affordable Housing Cost or Affordable Rent can be adjusted annually
to reflect any changes to the Median Family Income for Orange County as determined by
California HCD. Such requirements shall be recorded in a rental agreement or affordable
housing covenant against the applicable property as provided in the Municipal Code.
2.4 Regional Housing Needs Assessments (RHNA)
A. Requirements. City and Applicant agree that any units constructed and or
renovated to meet City Inclusionary Housing Ordinance Requirements shall also
meet Southern California Association of Governments (SCAG) Regional Housing
Needs Assessments (RHNA) specifications for qualified affordable housing.
B. Income Limits for California. The California Department of Housing and
Community Development (HCD) publishes income limits for California counties
adjusted for family size. The most recent edition of the Income limits was
published June 13, 2011 and established an Orange County Area Median
Income of $84, 200 for a family of four (4) persons. HCD further adjusted
permissible income limits for the various income categories defined by HCD
including:
4 Extremely Low $27,700
o Very Low Income $46,150
® Lower Income $73,850
0 Median Income $84,200
O Moderate Income $101,050
2.5 Implementation
A. Affordable Housing Implementation Agreement. An Affordable Housing
Implementation Agreement (AHIA) will be executed and recorded at each
development phase of development for any affordable units to be constructed
within that phase, or for land proposed to be dedicated, or for any in -lieu fees to
be paid, or for any other permissible measure or measurers for compliance with
City's Inclusionary Housing Program.
B. Authority. Each AHIA shall be approved by the Community Development
Director in conjunction with the approval of any Tract Map and /or Site
Development Review for NBR development phases.
C. Timing. AHIA shall be executed and recorded at each appropriate final map.
2.6 Sequencing
A. The affordable units provided or arranged for to be phased as follows:
1. Certificate of use and occupancy for Fifty percent of market rate units:
commence construction on, or payment for fees /dedication of lands for
one -third of required units.
2. Certificate of use and occupancy for Seventy Five percent of the market
rate units commence construction on, or payment of fees /dedication of
lands for the next one -third of required units.
3. After issuance of certificate of occupancy for Seventy Five percent of the
market rate unit, a reconciliation process will be created to determine the
final number of affordable housing units required to be constructed and /or
payment of fees /dedication of land
4. At the earlier to occur of certificate of use and occupancy for the last
market rate: commence construction on, or payment of fees /dedication of
lands for final required units.
W
3.0 Administration
3.1 Modification of Requirements
If the requirements of Chapter 19.54 of the Newport Beach Municipal Code are modified by the
City Council during the term of the AHIP agreement to eliminate the requirement for the
payment of in lieu affordable housing fees for the privilege of constructing market rate housing,
then Applicant shall be entitled to a waiver of any further fee obligations for the provision of
affordable housing units for fees not already paid, or for buildings not already constructed
and /or renovated and occupied.
3.2 Amendments
This AHIP may be amended by mutual agreement of the City and Applicant. Such an
amendment, so long as it is consistent with the Housing Element of the General Plan and with
the Development Agreement, shall not require an amendment to the General Plan itself, the
Coastal Development Permit or to the Development Agreement.
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2012 -60 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 23 rd day of July, 2012, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner
Absent: Hill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25th day of July, 2012.
a6i
City Clerk
Newport Beach, California
(Seal)