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HomeMy WebLinkAbout17 - Development Agreement No. 6 Status Reporte,EW �R o� o V C�LSOM1��P CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: August 9, 1999 17 Eugenia Garcia 644 -3208 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Status Report on Development Agreement Number 6 (The Irvine Company, Circulation Improvement and Open Space Agreement [CIOSA]) SUGGESTED ACTION: Hold hearing; determine compliance, modify or terminate: • Development Agreement No. 6 Background This item was continued from the City Council meeting of July 12, 1999 for further review of issues concerning open space requirements at Upper Castaways. Staff was requested to provide information regarding the status of the dedication of open space, plantings located on the bluff side of the public trail, fencing and vegetation adjacent to the trail, and the replacement of native vegetation with other types of plantings in the "circle" areas adjacent to the trail. The City Council approved Final Tract Map No. 1501.2 for the Upper Castaways on April 8, 1996 and on July 27, 1998, by Resolution No. 98 -56, accepted the dedication of the bluff top trail and passive park parcels for public use. However, the City has not accepted the maintenance responsibility pending completion of all conditions of the Development Agreement and CIOSA. Discussion The bluff top and park parcel is divided by a paved pedestrian trail shown on Attachment 2. The "outboard" side of the trail has specific conditions and guidelines for revegetation contained in the Development Agreement and the Coastal Development Permit. This area is to be planted with only native vegetation between the bluff face and public trail. The EIR required stabilization of eroded portions of the bluff edge of the Castaways site and :required that the repaired areas be replanted with native vegetation. On June 28, 1995, a "Habitat Mitigation and Monitoring Plan for the Upper Castaways" was approved by the California Department of Fish and Game and California Coastal Commission, and a landscape plan was subsequently approved by the City. The principal objective of the plan was to establish at least 0.25 acre of native coastal sage scrub on the portions of the bluff top in need of repair from erosion, using a palette of representative shrubs and herbs that would be compatible with the adjacent natural habitat. The goal of the plan was 60 percent coverage at the end of a five year period. Although the mitigation requirement originally addressed only the erosion repair areas, the final landscaping plans also included an additional 0.75 acre area in need of revegetation. This was in the bluff top area between the new public trail edge and the undisturbed coastal sage scrub and annual grassland habitat on the bluff face, and resulted in a total of 1.0 acre of'replanted native vegetation. In January, 1996, the implementation of the mitigation/landscaping plans involved the completion of the bluff edge repairs and seeding to encourage plant development that would inhibit erosion and loss of topsoil. In December 1996, after the completion of the public trail, the area between the trail edge and bluff face was planted and seeded. According to a report prepared this year by LSA, the consultant for the developer, and accepted by the Public Works Department, the eroded areas along the bluff edge that were repaired and revegetated with native species have met or exceeded the five year growth criterion within three years. The remaining area of the site, between the trail edge and the preexisting natural vegetation (approximately .75 acres), has exceeded the goal of 60 percent coverage by desired native species. Notwithstanding the 60 percent coverage, there has been a recent overgrowth by Brewer's saltbush (included in the approved plant palette), which has reduced the otherwise satisfactory results observed earlier in 1999. Concerns have been raised by both the residents and the City regarding the prevalence of the saltbush along the top of the bluff which has overtaken many of the other native species in this area and is affecting views to the bay for many adjacent homeowners. This has resulted in several of the homeowners trimming the high brush cover down to the level of the top of the rail fence (about three feet) to retain their views. In a few areas, some plantings have been cut down entirely, with debris left behind. In one area in particular, virtually all the native shrubs were recently removed and the area was replanted with iceplant seedlings. The iceplant is not native to California and is quite invasive and may encroach into natural habitat areas, thus diminishing habitat values by displacing appropriate native plants. Staff has had several recent conversations with both the developer and their consultant for possible solutions to the saltbush overgrowth. Since Brewer's saltbush is not considered a sensitive species, and removal, trimming or thinning of this plant will not be considered an adverse impact on the revegetated coastal sage scrub habitat, specific recommendations by the consultant for its removal are now being implemented and will continue for the next several months. Specifically, the saltbush on the slope will be trimmed to a height of 2'/2 feet and thinned out to within six feet of the fence railing and wherever other native shrubs in otherwise good condition are currently being overshadowed. Thinning should be accomplished by the end of September 1999. An estimated time for completion of the revegetation of the saltbush areas is approximately through the next growing season (June, 2000). The developer is also in the process of removing the iceplant and replanting the areas with native plant species. It is the City's position that accepting the maintenance of both the bluff top trail and the passive park parcel should be deferred until the saltbush overgrowth is under control and native vegetation well established. The "inboard" side of the pedestrian trail is a 12 -foot strip of landscaping between the paved trail and the backyard retaining walls of the residential properties. CIOSA and Condition No. 14 of Tentative Tract Map No. 15012 included this area in the requirement for a plant palette containing Page 2 predominantly native species. Landscape plans approved by the City indicate a mixture of native and ornamental species, which complied with this provision. The condition also requires that all landscaping and irrigation inland of the bluff top trail shall be planted and maintained by the developer /association. Per phone conversations with staff on July 28, 1999, the developer is in the process of drafting an agreement for the future maintenance of this area, to be reviewed by the City. The responsibility for the maintenance of this area is with the developer, Taylor Woodrow, until it passes to the homeowners association. Another issue of concern is the 3 foot wide strip of land located between the paved trail edge and the rail fence, and the small trail islands.' These areas have not performed well primarily due to trampling and dog traffic, which has become an ongoing problem. These areas were not required to be included in the revegetation plan, although the developer has planted these areas with native species. Specific recommendations by the consultant are to place a barrier or screen fence around the perimeters of the islands and the trail edge to prevent excessive incursion by pedestrians, cyclists and canines while newly planted native plant material become established. Fences or screening is estimated to be in place through the second growing season (June, 2001). There were no specific requirements in the development approvals for the type of fencing to be installed along the pedestrian trail. The existing fence that separates the revegetation area and the pedestrian trail was approved by the City on the landscape plans and installed by the developer. The time frame for the completion of the habitat mitigation and monitoring plan is approximately five years beginning in December, 1996. Completion of the project is projected to be at the end of the growing season in June, 2001. The City is not expected to accept the maintenance responsibility until such time as the overgrowth of the saltbush is under control by the developer and the replanting has been successful. Because the revegetation plan achieved the expected standards to date, and the developer is correcting problems that were out of their control, staff is of the opinion that the Upper Castaways project is in compliance with the Coastal Development Permit, the Mitigation Measures of the EIR, and the requirements of Development Agreement No. 6. Submitted by: SHARON Z. WOOD Assistant City Manager Attachments: 1. Project site map 2. Map of trail, island, and bluff areas Prepared by: EUGENIA GARCIA Associate Planner . C4-41/ ' The final trail alignment configuration created three small islands of bare ground. Page 3 sm IMO rv- Scf.,Z r5 ti C4 LIJ rom 9 197A 0 rx •�, .z ` CL ca U cz as ca ' C • i ,d � � H�- � 3 •d" f [ co co CL :M it Y• i `wz cz 08/09/1999 13:53 949- 515 -8095 PAC CST BLDG PRODCTS PAGE 01 Phil Kohl 39 Cape Andover Newnorr Beach California 92660 (949) 548 -3993 "RECEIVED AFER A RECEIVED Z�EIJDA August 9, 1999 PRINTED: Dear Newport Beach City Council: '99 AUG -9 P 1 :55 The two -year old Castaways' bluff -top "folly" has gone on for too long. Qn�ieCe .p4r�s . leadership, the bluff has suffered erosion, and the planted salt bush wee r ateit� CLERK hillside's stability l EACH y y providing habitat and protection for ground burrowing rabbits and squirrels. These burrows will eventually result in hillside slippage by providing multiple pathways for water to enter and destroy the cliff - face's integrity. Fire hazard is another threat from the salt bush. This is especially dangerous since the adjacent homes have wood roofs. The vast majorities that live on or use the Castaways' bluff -top trail agree that the salt bush is not only ugly, but completely blocks their view in many places. This trail has the potential of offering walkers, runners, roller- bladders, skate - boarders, and bikers the joy of the most spectacular public pathway view in Newport Beach. Protecting the view for the 31 bluff -top homes is important for both the owners and city, The view results in high accessed values that every year give Newport Beach more than $600,000.00 in property taxes from these homes alone. The high assessments placed on the bluff -top homes also give increased value to all surrounding properties. All those involved in bluff top management should spend time here. You will see that the view has been completely blocked by salt bush in many areas. This ugly weed has turned the bluff top into a mess. Damaging burrows made by rabbits and squirrels are clearly visible in the hillside. Good views are only available in areas where the city or adjacent homeowners have trimmed the weeds, The best view is in the center of the bluff where ice plant is growing. Observation will show that this is the place where trail -users linger longest to take in and enjoy the view originally planned for the trail. Desired lizards can be seen on both sides of the path, even though they appear to prefer the "non- native" irrigated side. Please come see for yourself! When viewed from the water, the only part of the bluff face not showing serious erosion and slippage is the Castaways' park area closest to the PCH Bridge. Please observe that this area is protected by coverage of ice plant. It should also be observed that most of the bluff faces on the extensive East Bay Developments are also protected by ice plant. Why are we discriminating against the Castaways' homes by planting onerous weeds instead of ice plant? Please bring this failed bluff -top "experiment" to a close, protect the 31 bluff top homes from fire and erosion, protect the bluff top view for the bluff top homeowners, and protect the bluff top view for all who use the Castaways' Trail. Replacing the salt bush weed with ice plant (or other low growing ground cover) on the top and face of the bluff will achieve these goals. Sincerel P t rp J. Kohl Enc. 00/09/1999 13:53 949 -515 -8095 PAC CST BLDG PRODCTS Saltbush Saltbush, A trip lexpolycarpa PAGE 02 Page 1 of 1 The most cornmon shrub in the little remaining "native" or undisturbed land in Kern County, saltbush is usually called "sagebrush" by the motorist who zips down 1 -5. Truth of the matter is, this plant is not necessarily a native and it is not a sage. It is a perennial woody weed, one of many salt - tolerant species that replaced the original perennial bunchgrass native to the San Joaquin Valley, and it belongs to the "goosefoot" or "pigweed" family which includes the introduced "tumbleweed" or Russian thistle. Sometimes refe ed to as "cattle spinach ", it has a high value as a browse pla because i� is very ro ' and is a source of minerals, which are deposited on the surface of�Fe eaves, for grazing sheep and cattle. In the "saltbush scrub" plant association in the valley, it is the most conspicuous plant among a group containing many annual plants, such as filaree, foxtail, and fiddleneck, and often is associated with many sensitive species such as San Joaquin Kit Fox, San Joaquin Antelope Squirrel, Blunt -nosed Leopard Lizard, Giant Kangaroo Rat, and Kerri Mallow, as well as coyote, badger, grasshopper mouse, roadrunner, jackrabbit, whiptail. lizard, and rattlesnake. A larger relative, Quailbru Atriblex,lentiformis may be found in wetter parts of the salt - bush community, along roadsides or in ditches where runoff accumulates. Saltbush provides food and shelter for many desert animals and even serves as a perch :for birds of prey, such as B ern Harriers in a landscape with few trees or other tall perche abbits chew on the stems and rodents eat the see s to wet years the — shrub sprouts are widespread. In drought, the plants ang on, ut when rush fire arts t ev provide abundant fuel and remain as blackened skeletons�w when tmoke is / The saltbush at the Environmental Studies Area was transplanted there in 1977. It has not spread appreciably because the annual grasses, principally foxtail, produce a thick layer of mulch that prevents the saltbush seeds from germinating and growing. Return to Plants of the ESA http: / /www.esubak.edu/fact /saltbush.html 8/9/99