HomeMy WebLinkAboutSS3 - Development Agreements Status ReportPpgT
CITY OF NEWPORT BEACH
Hearing Date:
June 28, 1999
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COMMUNITY AND ECONOMIC DEVELOPMENT
Agenda Item No.:
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PLANNING DEPARTMENT
Staff Person:
Eugenia Garcia
3300 NEWPORT BOULEVARD
644 -3208
NEWPORT BEACH, CA 92658
Supplemental Information
(714) 644 -3200; FAX (714) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Status Report on Development Agreements Nos. 4.5.6.7.8,9, 10,
and 11
PURPOSE: To conduct an annual review of current Development Agreements to review
the applicants' good faith and substantial compliance with each agreement in
addition to those terms and conditions required of the City of Newport
Beach.
REQUIRED
ACTION: Hold hearing; determine compliance, modify or terminate:
Development Agreements Nos. 4, 5, 6, 7, 8, 9,10 and 11.
This report contains supplemental information received by the City regarding the annual
performance review for compliance with the above referenced development agreements. The
following table is a summary of the compliance status for each development agreement.
Development Applicant
Agreement No.
4 The Irvine Company, Library Exchange
5 Hoag Memorial Hospital Presbyterian
6 The Irvine Company, Circulation Improvement and
Open Space Agreement
7 Pacific View Memorial Park
8 Ford Motor Land Development Land Corporation
9 Fletcher Jones Motor Cars
10 Newport Harbor Lutheran Church
Summary of
Compliance Status
In Compliance
In Compliance
In Compliance
In Compliance
In Compliance
In Compliance
In Compliance
11 The Irvine Company and Irvine Community In Compliance
Development Company Concerning Bonita Canyon
Development Agreement No.6
Staff has received additional information regarding the CIOSA Open Space Dedications and has
included the changes in bold on the attached chart, which replaces handwritten page #38 in the
report for June 28.
Development Agreement No. 7
As indicated in staffs previous report (handwritten page #65), Pacific View Memorial Park was
not in compliance with the landscaping requirement for Area 8 and the northeasterly boundary of
Building Site D. On June 28, staff met with the General Manager of Pacific View to address this
issue. New landscaping in these two areas has been installed recently, and upon
recommendations by staff, additional landscaping was to be installed to comply with the
requirements of the development agreement. On July 2, staff visited the site to review the
landscaping, and is now of the opinion that the two areas in question are in compliance with the
requirements of the Development Agreement.
Development Agreement No. 8
Since the initial reporting of compliance, staff has received concerns from a member of the
Eastbluff community that there is compliance issues with Section 5.5, Eastbluff Traffic
(handwritten page #72).
The Eastbluff community in the vicinity of the Ford property has had a historical concern
regarding the impact of through traffic on its streets. The EIR had concluded that the
development of the Ford property (Pacific Bay Tract) would not contribute sufficient through
traffic to constitute a significant impact on this existing problem. Further, Ford had no legal
obligation to correct the existing problems and the City had no authority independent of the
Development Agreement to impose a condition requiring Ford to correct the existing problem.
Pursuant to the Development Agreement, Ford was to contribute to the solution of the existing
traffic problem as follows:
a. The determination of a solution shall be dependent upon an agreement between the Eastbluff community
and the City.
b. If the "solution" costs $50,000 or less:
i. Ford will pay one - hundred percent of total cost of the capital improvements/traffic studies (as
opposed to long -term maintenance) of the solution as actually implemented: or
If the "solution" costs more than $50,000:
i. Ford will pay one -third of the total cost of the capital improvements/traffic studies as actually
implemented with a minimum payment of $50,000 and a maximum payment of $75,000.
C. Ford will not be required to make a deposit offunds until a "solution" actually is approved by the City for
implementation. Any funds actually deposited but not used to implement the solution shall be returned to
Ford.
d. If the City and the Eastbluff community have not agreed on a "solution " within one year from the Effective
Date (7122196), and the date for agreement has not been extended by Ford, this obligation shall terminate.
Pacific Bay Homes (Ford) has made payments to the City for traffic studies and improvements
and directly to the Eastbluff Community Association for studies related to the existing problems.
The community did not vote to gate the project. The date for agreement on a traffic solution has
been extended twice, upon Eastbluffs request the first time and by Pacific Bay Homes the
second time, and expired on December 31, 1997. Improvements to traffic patterns at Jamboree
Road and Bison were implemented on a trial basis in January 1998, in order to reduce cut -
through traffic in this area. The City Council is scheduled to consider making these
improvements permanent at their meeting of July 26, 1999. Pacific Bay Homes has made an
additional commitment (see attached letter) to fund expenses to mitigate traffic in Eastbluff,
extended to December 31, 1999. Staff believes this commitment is an extra effort by Pacific Bay
Homes to contribute to the resolution of traffic problems in Eastbluff and is consistent with the
intent of the Development Agreement.
Development Agreement No. 9
Councilmember Adams requested that the review of this development agreement also include a
status report on lighting issues at the dealership. The mitigation measures and conditions of
approval related to lighting are attached, as is the action plan to reduce lighting that was
approved by the City Council in February 1998. After a 30 -day review period to determine the
effectiveness of the lighting improvements, the City Council found the dealership in compliance
with all lighting related mitigation measures and conditions of approval on April 13, 1998.
The Council also directed staff to budget for landscaping that would screen the lighting from the
view of nearby residents. That project was not completed in fiscal year 1998 -99, and the Council
re- budgeted the project for 1999 -2000. Fletcher Jones has agreed to match City funds on the
project, up to a maximum of $30,000, which brings the total project budget to $65,000.
Councilmember Adams and staff have been working with Fletcher Jones and the neighbors on a
planting plan that can be accepted by all parties, and believe we have achieved that. Staff is also
working with the California Department of Fish and Game and Coastal Commission on permit
approvals, and have learned of some biological issues with the landscaping plan, which will
require additional research and possible alternatives to the plan.
Item #3 on handwritten page #76 of the June 28`h report refers to the funding of the Bayview
Drive extension and payments made to the City by Fletcher Jones Motorcars. Further research by
staff indicates that the actual costs of the construction of the street were approximately
$453,815.13. Fletcher Jones Motorcars made a contribution of $139,875.45 and an agreement
was made with the City to make five (5) annual payments for the remainder of the actual
construction costs. One payment of $62,787.97 was made on August 1, 1997, and staff cannot
verify further invoices. The remaining balance owed to the City is $251,151.71. Staff will send
an invoice for the 1998 and 1999 payments in August, 1999.
Conclusion
The decision before the City Council is whether to determine compliance with the terms of
Development Agreements 4,5,6,7, 8,9, 10, and 11, if there is not substantial compliance with the
terms of an Agreement, to terminate the Development Agreement, or, to modify any of the
Agreements.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
EUGENIA GARCIA
Associate Planner
Attachments: CIO,t;' pen Space Dedications chart
Le rer from Pacific Bay Properties
Fletcher Jones Lights Action Plan
Excerpt from Planning Commission minutes dated August 24, 1995, for Fletcher Jones
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PROPERTIES
June 28, 1999
Mr. Richard Edmonston,
Transportation and Development Services Manager
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92663
Subject: Eastbluff Traffic Mitigation
Dear Mr. Edmonston:
Pacific Bay Properties hereby grants to the Eastbluff Homeowners Community
Association an extension to December 31, 1999, during which Pacific Bay Properties will
continue to fund expenses to mitigate traffic per the Ford Loral Development Agreement.
Should you have any questions, please contact me at (949) 440 -7256.
Sincerely,
fRicjhtwland o
Proect Manager
cc: Barry Eaton
4041 Sla,Arthur Bottlevard, Suite 500, Newport Beach, CA 92660
10401 440.7200. P:u (940) w33-7557
FLETCHER JONES LIGHTS
ACTION PLAN
(Revised 2120/98)
Item Status
Shielding
Service entrance lenses
Automatic lighting control
Lower parking lot complete
Upper parking lot complete
Complete
Independent lighting engineer verifies system is
programmed to do the following:
• Upper parking lot off at 7:00 p.m.
• Lower parking lot off at 10:00 p.m.
• LED and most of service entrance off at
7:00 p.m.
• Remainder of service entrance off at
10:00 P.M.
Interior lighting Metal halide lights to be replaced with
incandescent focus lights at night, with
automatic control; to be completed by 2/27/98
Landscaping
Letter from FJM to cleaning
company requiring minimal lights in each area
only as it is being cleaned
Landscape architect to complete off -site
landscaping plan by March 27, 1998.
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Tamarisk (Tamarrx spp.).
Permitted Species
Some invasive, exotic species are known to be controllable in
well managed situations. Such species may be used in project
landscaping if a City approved biologist approves the species and
proposed use. For example, areas that are separated from
existing wetland areas by a substantial area of paving could be
planted with hybrid bermuda grass. Non - native, invasive species
that could be used under these circumstances include, but are not
limited to, the following:
Hottentot -fig (Owpobrolus edrdis)r
Bermuda grass (Cynodon dactylony
Myoporum (Myoporum laelum)
Pepper trees (Schimrs spp.)
Cape Honeysuckle (Tecomaria capensis)l
Periwinkle (Irinca spp.).
r Should be prohibited in areas adjacent to natural open spaces.
2 Hybrid Bermuda grass, which is sterile or produces only sterile
seed, should be permitted in landscaped areas, when surrounded
by an appropriate hardscape buffer or an apron of non - invasive
plant species (to prevent vegetative spread into natural areas).
44. The effects of night lighting on adjacent natural areas, including
the S=C mitigation site, will be reduced by the design of
lighting that is either low intensity or highly directional.
Prior to the issuance of building permits, a lighting plan shall be
approved by the City, demonstrating that appropriate lighting will
be installed for the display area, parking lots and areas adjacent to
wetlands to minimize spillage into the habitat areas. The plan will
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include, but not be limited to, lighting directed onto the project
site, and the use of soft fight intensity fixtures
Prior to the issuance of any certificate of use and occupancy, the
project proponent shall provide evidence, meeting the approval of
the City, that the installed lighting meets the objectives of the
plan. If necessary, shields on the back of lights or other screening
shall be placed to cut off light beyond project area.
45. Prior to the issuance of grading permits for the project, a detailed
Interim Habitat Loss Mitigation Plan (fliLMP) shall be prepared
by the City and submitted to the U.S. Fish and Wildlife Service
(USFWS) and California Department of Fish and Game (CDFG)
for approval. The purpose of these measures is to increase the
amount and quality of scrub habitat that can be utilized by the
California gnatcatcher and other species that require this habitat.
This will both compensate for the project induced loss of
potential breeding habitat and increase the potential for wildlife
movement by increasing the size of important populations.
The specific habitat replacement and exotic weed removal
measures discussed below are to be incorporated into the detailed
IHLMP, although they may be modified with the approval of the
California Department of Fish and Game and the U.S. Fish and
Wildlife Service. The detailed IHLMP will include the following
elements:
Overview /Objective
Plant Palettes and Planting Densities
Planting Methods and Timing
Site Preparation
Exotic Weed Removal
Irrigation
• Maintenance
Performance Standards
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standards. All handicap parking shall be designated with a sign and
pavement marking
22. That the monument signs, slopes, walls and landscaping along the
Jamboree Road frontage shall be considered in the site distance
requirements. The Bayview Way and Jamboree Road intersection
shall be designed to provide sight distance of 50 rules per hour.
23. That all unloading and loading of vehicles shall be done on -site.
24. That site access shall be provided for emergency access per City
Fire/Marine and Public Works standards.
25. That on -site fire hydrants shall be provided as required in the
Uniform Building Code and Fire(Marine standards.
26. That all buildings shall be fully sprinklered per NFPA 13 and
FireMfarine standards unless otherwise determined by the Fire
Department and Building Department.
27. That the applicant shall provide fire protection equipment and
devices associated with special hazards presented in design of the
facility and protect those hazards as prescribed in the Uniform
Building Code and nationally recognized standards as approved by
the Fire/Marine Departments.
28. That all automobile servicing, repair, washing and detailing shall be
conducted within the building.
29. That all wash water shall drain into the sanitary sewer system and
that grease traps shall be provided in all drains where petroleum
residues may enter the sewer system unless otherwise approved by
the Building Department and the Public Works Department
30. That the illumination of any open automobile display area or roof top
parking area shall be designed and maintained in such a manner as to
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eliminate direct light and glare on adjoining properties southerly and
westerly of the site. A timing device shall turn off any light facing
towards the residential properties or neighboring properties at 10:00
p.m. every night Said design features shall be incorporated into a
lighting plan prepared and signed by a Licensed Electrical Engine
with a letter from the engineer stating that, in his opinion. that these
requirements have been met. That the lighting and Mu nination plan
for the roof top parking area shall be subject to the approval of the
Planning Director.
. 31; That no outdoor loudspeaker or paging system shah be permitted, in
conjunction with the proposed operation unless otherwise approved
the Planning Department.
32. That no windshield signs shall be permitted, and that an signs shall
meet the requirements of Chapter 20.06 of the Municipal Code.
33. That no banners, pennants, balloons, wind signs, moving signs, or
flashing or animated electrical signs shall be displayed.
34. That a Use Permit shall be required for the establishment of a
restaurant that is open to the general public, within the facility.
35. That the project comply with the Uniform Building Code, disabled
access, and energy regulations.
36. Health Department approval is required for the food establishment
located within the project.
37. That where grease may be introduced into the drainage systems,
grease interceptors shall be installed on all fixtures as required by the
Uniform Plumbing Code, unless otherwise approved by the Building
Department and the Utilities Department.
38. That all employees shalt park on -site.
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39 That the hours of operation shall be limited between 6:00 a.m. and
10 :00 p.m. dairy.
40. That all trash area shall be screened from adjoining properties and
streets.
That the project shall be designed to eliminate light and glare spillage
on adjacent uses.
42. That a washout area for refuse containers be provided in such a way
as to allow direct drainage into the sewer system and not into the
Bay or storm drains, unless otherwise approved by the Building
Department and the Public Works Department.
43. That Coastal Commission approval shall be obtained prior to
issuance of any grading or building permits unless otherwise
approved by the Public Works Department and the Planning
Department.
44. That the Planning Conunission may add to or modify conditions of
approval to this Use Permit or recommend to the City Council the
revocation of this Use Permit, upon a determination that the
operation which is the subject of this Use Permit, causes injury, or is
detrimental to the health, safety, peace, morals, comfort, or general
welfare of the community.
45. That this Use Permit shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
G. Dervinnnrent Arfeenrent No. 6 (CIOSA);
Adopt Resolution No. 1403 recommending City Council approval of
Revisions to Development Agreement No. 6.
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