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HomeMy WebLinkAbout12 - Annual Monitoring Review of Development Agreement No. 14: Newport Coast (PA2011-030)CITY OF NEWPORT BEACH City Council Staff Report February 10, 2015 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644-3226, kbrandt@newportbeachca.gov PREPARED BY: Benjamin M. Zdeba, Assistant Planner PHONE: (949) 644-3253 TITLE: Annual Monitoring Review of Development Agreement No. 14: Newport Coast (PA2011-030) ABSTRACT: Annual Monitoring Review of the Newport Coast Development Agreement No. 14 (Annexation and Development Agreement between the City of Newport Beach, the Irvine Company, and the Irvine Community Development Company concerning the Newport Coast Planned Community and Adjacent Properties). As specified in the Development Agreement, the review shall be conducted by the City Council. RECOMMENDATION: a) Conduct a public hearing; b) Find that the action is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; c) Find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and d) Receive and file the 2013 Annual Monitoring Report of the Annexation and Development Agreement (Staff Report Attachment No. CC 1). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 12-1 DISCUSSION: In 1988, the Irvine Company and the County of Orange entered into a Development Agreement for the development of the Newport Coast Planned Community. One of its provisions required that the Irvine Company prepare and submit an Annual Monitoring Report ("AMR") so that the County could determine that the development was proceeding according to the requirements and provisions of the development agreement. The actual development of Newport Coast did not begin until 1996, and in 1998, the first AMR was submitted to the County. The last AMR was submitted to the County in March 2005, and in March 2006, the County determined that no further AMRs would be required since all of the agreement's obligations had been met. In 2001, the Newport Coast Planned Community was annexed to the City and Development Agreement No. 14 ("DA") between the City, the Irvine Company, and the Irvine Community Development Company was executed. Pursuant to the requirements of the Municipal Code and the DA, an AMR was submitted to the City Council in October 2011 for the years 2002-2010. The report documented that: 1) the County had approved numerous discretionary approvals for the time period that did not substantially change the development density or intensity established in the County's certified Local Coastal Program for Newport Coast; 2) all of the obligations required had been met; and 3) some residential and tourist commercial entitlement (approximately 1,000 hotel rooms) allowed under the certified Local Coastal Program had not yet been developed. In 2012, the City requested and received a comprehensive report covering the period of January 1, 2011 through December 31, 2011. The report provided information to determine that during 2011 no substantive changes to the development density or intensity originally approved by the County have occurred. Additionally, no new, fully -improved Planning Areas within the Newport Coast Planned Community were transferred to the City's permit jurisdiction. Although the Newport Coast Planned Community is virtually built -out, some residential and tourist commercial entitlements remain. For Planning Areas not fully built - out and transferred to the City, the County continues to retain jurisdiction for all discretionary and ministerial permits processed. Additionally, the County reviews all coastal development permits and waivers. In 2013, the Irvine Company submitted a report which referenced the previous AMR and confirmed that no substantive changes to the development occurred in 2012. Similar documentation was submitted in 2014 for the year 2013. After reviewing the documentation submitted, staff believes that the Irvine Company and the Irvine Community Development Company have complied in good faith with the terms and conditions of the Development Agreement related to the development of the Newport Coast Planned Community. ENVIRONMENTAL REVIEW: Staff recommends the City Council find that this action is exempt from CEQA pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this hearing was published in the Daily Pilot and the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Description Attachment No. CC 1 - Development Agreement No. 14, 2014 Annual Monitoring Report (Year 20131 12-2 Attachment No. CC 1 Development Agreement No. 14 2014 Annual Monitoring Report (Year 2013) 12-3 CAA PLANNING January 22, 2015 Mr. Benjamin M. Zdeba Assistant Planner Community Development/Planning Division City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Newport Coast Annual Monitoring Report - Year 2013 Dear Mr. Zdeba: Pursuant to the request by the City of Newport Beach (City) and on behalf of Irvine Company, CAA Planning, Inc. (CAA) respectfully submits this letter response in compliance with the commitment to update the Annual Monitoring Report (AMR) for Newport Coast. The 2001 Annexation and Development Agreement between the City and Irvine Company (Development Agreement No. 14) provides for the annual review of the Newport Coast AMR by the City Council. That same 2001 Agreement acknowledges that the County of Orange (County) shall continue to govern the development rights and obligations of Irvine Company following the annexation until the City has a fully certified Local Coastal Program (LCP). There have been no substantive changes to the development density or intensity established in the County certified LCP for the Newport Coast in 2013. All Development Agreement obligations established in the County/Irvine Company Development Agreement have been met as reported to the City in the AMR for the years 2002-2010. Newport Coast is virtually built -out; however, there remains a small amount of residential and a significant amount of tourist commercial entitlement allowed under the County's certified LCP which has not been developed. Until the City of Newport Beach has a fully certified LCP, the County will retain jurisdiction for all discretionary and ministerial permits processed for the Newport Coast. For reference we have included the 2011 AMR that was approved by the Newport Beach City Council in the fall of 2012. The 2011 AMR included data and information from historic AMRs prepared on behalf of Irvine Company and related documents regarding Irvine Company's responsibilities for the development of Newport Coast as set forth in the original Irvine Coast (Newport Coast) Development Agreement between Irvine Company and the County. The 2011 AMR contained the following sections, exhibits and maps: • Background and Introduction (Section I) - The statistical summary in this section provides an overview of the development to date. It shows that the current total of approved residential lots and tourist commercial accommodations stands at 2,599 lots and 65 Enterprise, Suite 130 • Aliso Viejo, California 92656 • (949) 581-2888 • Fax (949) 581-3599 12-4 Mr. Ben Zdeba January 22, 2015 Page 2 of 3 1,108 accommodations. A footnote to these numbers states that neither the residential nor the tourist commercial categories are complete. • Discretionary Approvals (Section II) - All discretionary approvals for 2011 are listed. • Community -Wide Information and Planning Area Information (Section III) - The community -wide data provides land use (gross acreage and square footage), population, dwelling unit and employee information for the entire community for 2011. This same statistical information is also provided for individual Planning Areas that experienced changes in 2011. • Development Agreement Obligations (Section IV) - Irvine Company periodically reported to the County on the status of their compliance with the Exhibit D Obligations contained in the Development Agreement. All Development Agreement obligations established in the County/Irvine Company Development Agreement have been met. A table summarizing the obligations and the date the obligations were met is provided followed by supporting documentation contained in previous AMRs. • Appendix (Section V) - Appendix containing the county AMR Format, Exhibit W and the statistical Table, 6`h Revised form the LCP, and Exhibit D from the Irvine Coast Development Agreement. 2013 AMR The information below serves to document the discretionary approvals processed and approved by the County of Orange under the Newport Coast LCP during calendar year 2013. February 8, 2013 —Changed Plan CP130001 The County of Orange Planning Director approved Changed Plan CP130001 to Coastal Development Permit PA030077 (CP070009, CP060007, CP050022) to allow the conversion of the existing putting green to an event area with 7,675 square feet of pavers and an event tent with footings on the Pelican Hill Golf Club, at 22800 Pelican Hill Road South. February 15, 2013 — Changed Plan CP 120040 The County of Orange Planning Director approved Changed Plan CP120040 to Site Development Permit PA010104 to allow the modification of (4) panel antennas and (1) GPS antenna, retrofitting of (1) equipment cabinet, addition of (4) RRH units, and the addition of fiber backhaul equipment and cable on the Marriott Resort property, at 23000 Newport Coast Drive. 12-5 Mr. Ben Zdeba January 22, 2015 Page 3 of 3 February 25, 2013 — Changed Plan CP 130004 The County of Orange Planning Director approved Changed Plan CP130004 to Coastal Development Permit PA020062 to allow the removal and replacement of the antennas at the existing T -Mobile cell site at 22183'/2 Newport Coast Drive. July 11, 2013 — Planning Application PA130010 The County of Orange Planning Director approved Coastal Development Permit PA130010 to allow a wireless facility on an HOA Lettered Lot within a County of Orange Scenic Preservation Easement and attached to the slope of an existing crib wall at 23800%2. Newport Coast Drive. August 21, 2013 — Changed Plan CP 130022 The County of Orange Planning Director approved the Final Staff Report with Conditions of Approval for Changed Plan CP130022 to Site Development Permit PA040102 for a custom single family home, a 2nd residential unit, a gatehouse, a stable and other accessory structures on Lot 1, Tract 15376, at 1 Pelican Hill Road North. Au,eust 21, 2013 — Changed Plan CP130033 The County of Orange Planning Director approved the Final Staff Report with Conditions of Approval for Changed Plan CP130033 to Site Development Permit PA040102 for a custom single family home, a 2nd residential unit, a gatehouse, a stable and other accessory structures on Lot 1, Tract 15376, at 1 Pelican Hill Road North. Conclusion Based on this level of activity, we respectfully request that this letter report be found adequate under the provisions of our Annexation and Development Agreement with the City for the 2013 calendar year. Please call me if you have any questions. Sincerely, CAA PLANNING, �INC. Shawna Schaffner Chief Executive Officer c: Dan Miller, Irvine Company Attachment: 2011 Annual Monitoring Report 12-6 NEWPORT COAST Annual Monitoring Report Newport Coast Planned Community Year 2011 Prepared for: City of Newport Beach Community Development Planning Division Contact: Kimberly Brandt (949)644-3228 Submitted by: Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Contact: Dan Miller (949)720-2000 Prepared by: CAA Planning, Inc. 65 Enterprise, Suite 130 Aliso Viejo, CA 92656 Contact: Shawna Schaffner (949)581-2888 Completed: August 2012 12-7 The Newport Coast 2011 Annual Monitoring Report Contents SectionI — Background................................................................................................................ 1 A. Introduction................................................................................................................ 1 B. Project Description..................................................................................................... 1 C. Project Status.............................................................................................................. 2 Section II — 2011 Discretionary Approvals.................................................................................. 7 Section III - Community -Wide Information................................................................................. 9 Section IV — Development Agreement Obligations................................................................... 14 SectionV — Appendix................................................................................................................ 27 1. 2002 Annual Monitoring Report Format (County of Orange) 2. Exhibit W, Planned Community Development Map (Newport Coast LCP) 3. Planned Community Statistical Table — 6`b Revision (Newport Coast LCP) 4. Exhibit D — Benefits to County and Its Residents (Irvine Coast Development Agreement, County of Orange) ii 12-8 The Newport Coast 2011 Annual Monitoring Report List of Exhibits Exhibit Planned Community Location Map Residential and Tourist Commercial Planning Areas Planned Community Statistical Summary Aerial Photograph iii 12-9 Section I — Background A. Introduction Section 6.1 of the Annexation and Development Agreement Between the City of Newport Beach and The Irvine Company and Irvine Community Development Company Concerning the Newport Coast and Adjacent Properties (Agreement), effective August 23, 2001, states the "City Council shall review the Agreement annually ... in order to ascertain the good faith compliance by Owner with the terms of the Agreement... " and "As part of that review, Owner shall submit an annual monitoring review statement describing its actions in compliance with this Agreement..." Pursuant to the City's request the Annual Monitoring Report (AMR) which follows for the Newport Coast Planned Community (Newport Coast) covers the period January 1, 2011 through December 31, 2011 (2011 AMR). Previously, the responsibility for reviewing the Newport Coast AMRs rested with the County of Orange (County) as required by the Irvine Coast (Newport Coast) Development Agreement between the County and The Irvine Company, effective May 23, 1988. All AMRs for the Newport Coast, including the attached 2011 AMR have been prepared in accordance with the Annual Monitoring Report Format (Appendix 1) provided by the County. The first AMR for Newport Coast was prepared for the Year 1997 and was submitted to the County in April of 1998. Following the 1997 AMR submittal, the County Planning and Development Services Department established a baseline AMR file for Newport Coast. Subsequent AMR submittals were required to include only those pages, exhibits, and maps that changed or required updating from previous AMR submittals. Each subsequent year the AMR included an updated statistical summary, a list of discretionary approvals, compilation of community and planning area activity data, an aerial photograph, and reporting the status of compliance with Development Agreement Obligations. An AMR was submitted to the County for review each year from 1997 through 2004. In March of 2006 the County informed Irvine Company that they were no longer required to submit an AMR. On February 23, 2011 the City of Newport Beach requested the preparation of an AMR for Newport Coast covering the years 2002-2010 which was submitted and subsequently approved by the City Council on October 25, 2011. The 2002-2010 AMR and the 2011 AMR which follow remains consistent with the format established by County. Initially, the criteria for reporting development activity for Newport Coast was to provide data for the reporting year, and to project the activity through to the end of 2005 and also through to the end of the build -out year which was estimated to be 2010. The build -out year is now estimated to be 2015. B. Project Description All development within the Newport Coast Planned Community is located within both the Coastal Zone as defined in the California Coastal Act of 1976 and the Newport Coast Local Coastal Program, 2nd Amendment (Newport Coast LCP). The Newport Coast LCP is divided into two parts, the Land Use Plan (LUP) and the Implementing Actions Program (IAP). 12-10 The Newport Coast Planned Community contains 9,493 acres of formerly unincorporated land which is now in the City of Newport Beach. Newport Coast was annexed into the City of Newport Beach in 2001. However, until the City receives certification of an LCP, land use development authority remains with the County. The Planned Community is bordered on the east by unincorporated areas of the Laguna Coast Wilderness Park, on the south by Crystal Cove State Park and the City of Laguna Beach and on the west by the Pacific Ocean as shown on the Planned Community Location Map (Exhibit 1). C. Project Status The Newport Coast LCP includes a Planned Community Development Map (Development Map) and a Planned Community Statistical Table (Statistical Table). The Development Map identifies Planning Areas and land uses within the Planned Community and the Statistical Table contains a statistical breakdown for each residential and non-residential Planning Area shown on the Map in terms of maximum and estimated number of dwelling units, resort accommodations, and gross commercial acreage. The Development Map and the Statistical Table are included in the Appendix for reference (Appendix 2 and Appendix 3). The 2011 AMR contains a more detailed and focused version of the Development Map and is identified here as the Newport Coast Residential and Tourist Commercial Planning Areas Map (Exhibit 2). Rather than showing the Planning Areas as vacant land, depicts the Planning Areas as subdivided residential or tourist commercial parcels surrounded open space area. Also, the community names for each planning area are included. The 2011 AMR also contains a modified Statistical Table entitled the Planned Community Statistical Summary (Exhibit 3) that provides an up to date accounting of the approved tentative maps, final maps, and building permits for the Planning Areas shown on the Newport Coast Residential and Tourist Commercial Planning Areas Map (Exhibit 2). Finally, an aerial photograph (June 2012) is provided (Exhibit 4) which shows the Newport Coast and the surrounding communities. The 2011 AMR Planned Community Statistical Summary shows that all residential Planning Areas have been subdivided and have approved Tentative Maps. However, there are approximately 189 residential units for which building permits have not been issued. It also shows that there are 2150 visitor serving accommodations (either hotel or non -individually owned) allowed under the LCP within the Tourist Commercial Planning Areas. Of this number, 700 visitor serving accommodations have been approved for the Marriott Vacation Resort (696 units built) and 408 visitor serving accommodations have been approved and built at the Pelican Hill Resort. There are 1042 visitor -serving accommodations remaining within the Planning Areas designated for Tourist Commercial land use subject to the maximum accommodations allowable for each Planning Area. For the purpose of the 2011 AMR build out of the Newport Coast Planned Community is 2015. 2 12-11 TuaTON CHICA NEWPORT RIDGE PLANNING UNIT b�aTua�T®ra = u�eol�� BEACHwl NEWPORT COAST !7 O�MSp XK PLANNING UNIT SANTA ANA NEWPORT PLANNED COMMUNITY q THE IRVINE COMPANY LOCATION MAP NEWPORT COAST PLANNED COMMUNITY AMR 1� Nal io Scale 3 12-12 V ALSO CREEK. ` PLANNING UNIT s a ' LAC31� LAC MCJA FOREST Cp a CULLS s S T NEWPORT > � 3 i W a� h / EMERALD BAY— LAOMHL% U)rACOC 6L SOUTH LAGUNA LAGUNA NIGUEL Dl%ma MOOT CAPISTRANO BEACH Exhibit 1 PLANNED COMMUNITY q THE IRVINE COMPANY LOCATION MAP NEWPORT COAST PLANNED COMMUNITY AMR 1� Nal io Scale 3 12-12 R I ART NOT A PART '`� OT iNf1ART LAGUNA COAST WILDERNESS PARK �- ❑ ryjiTMi / 1 V LAGUNACOAST - WILDERNESS PARK PELICAN HILL # .., ... GOLF COURSE \ / v LAGUNA COAST l .... WILDERNESS PARK LAGUNA COAST WILDERNESS PARK PELICAN HILL � GOLF COURSE CRYSTAL COVE /i�/1, _ - LAGUNA COAST STATE PARK '� 1F )�'LAW WILDERNESS PARK PELICAN HILL - GOLF COURSE CRYSTAL COVE STATE PARK pG;1MPM @OEM vmoi CAA PLANNING wa o're ocrvrwen ®IIUyN,SAKfRS ASSOCIATrS Planning Sub- Community Area Area Open Space 1A, 18 Subareas Pelican Hill 1C Pelican Crest 2A 1 Pelican Heights 2 Santa Lucia 2B 1 Pelican Ridge 2 Pelican Ridge Estates 2C 1 Trovare 2 All 3 Ocean Heights 4 Los Trances 5 Pacific Ridge 6 Campobello 3A, 3B, Crystal Cove 4A, 48 5 Pacific Ridge 8 1 Tesoro 9 Pelican Point 13A, 136 Maniott Newport Coast Villas 13C, 13D, Pelican Hill Resort 13E. 17F Newport Coast Residential and Tourist Commercial Planning Areas Exhibit 2 12-13 LEGEND ❑ Development Open Space Q Subareas Newport Coast Residential and Tourist Commercial Planning Areas Exhibit 2 12-13 EXHIBIT 3 PLANNED COMMUNITY STATISTICAL SUMMARY FOR THE 2011 AMR NEWPORT COAST LOCAL COASTAL PROGRAM- SECOND AMENDMENT n MmWrvNhv Reu'MMd Phmry Arox IL. 2A 26, ]A. ]Ba 6. NRmp mewemw mnelg6. At Pr. 12-14 111 Oso ]110 talus aso 3 ESTIMATED(1) MAXIMUM(]) DWELLINGUNITS ON BUILDINGPERMITS LAND USE PLANNING GROSS ACRES GROSS ACRES DWELLING UNITS/ DWELLING UNITS( APPROVED SUBDIVISIONS ISSUED OR UNITS CATEGORYICODE AREA NON -COMMERCIAL COMMER CIAL ACCOMMODATIONS ACCOMMODATIONS Tentative Ma a Final MasI UNDER CONSTRUCTION RESIDENTIAL, .io. IA 255 - 28 159 20 28 28 M¢NNMA IB 13]] il$ 110 11$ 11$ 11$ .I,. IC 1]B< (]I tBE WE 1&5 155 158 M."A iA 109.1 (3) 202 3 60 202 205 205 M40i1mNA 28 201.3 O) 169 530 app 488 488 MMiuml, 2C 20.7 560 935 500 501 501 ,."A N 100.3 (3) 179 470 1]B 179 179 Moou 36 152.5 (3) 291 465 291 291 291 MM"A aA 237.4 202 ]& 202 203 78 MCNUMA 48 100,8 108 SOT 108 100 St Msco mL SAL 5 115.0 f]0 1fA 1]0 1]1 135 bxM1 8 728 0 T5 0 0 0 Lex/L ]A 250 0 IB 0 0 0 LuxM1 ]0 250 0 10 0 0 0 Flow 8 35.] (3) 0 384 0 0 60 M.-LwIIAL 9 WE 4 55 78 55 55 55 TOTAL RESIDENTIAL IAN S 100 ] 280a 2.609 2.600 2.695 2.]61 OPENSPACEIRECREATON: GOLFCOURSEAG 104 2948 - - - - - POB 588 RECREATIDNIR: Buck GUOv. Lm TmnwL IIA 2015. - Mu1JCo""Ao` vfiN IIB Po.5 Wi6nOwa xin Aeeaa W 5]2.3 12B `v0.0 I2C 80.0 I2D :M5 12E 289.6 EI MM ElosTaiary SCPxA 12F 14,5 MAS Siva 120 15,0 .2N 3].5 121 196 LvpnN &'DUt Gunry Wv:IX 060iq IL 9D CMIaI Owa Sb:o Pmk (] 2.507 - - - IMroCoav WJagnefa I8 w7 544.0161 - - - Peak). P.n (5) 10 133,0 (6) - - - - R..so,,PaloN.A0i. ME 120 - - - - IeLapwOCaMmRoa] 20L so CONSERVATIONK Cat9P 8v Pwwls A01MAvl to IQ4 100 Wuu ConMn RAN 169 l4 I -,-Coact Wlmmss 2ZB 1,988.0 (6) - - - - R (Pan 51 21C2'0 TOTAL OPEN SPACE A RECREATION 1,]]10 0 0 0 0 0 O TOURIST 114 62 (7) 488 548181 1.10 525 525S32 COUWACIAL(TC 139 272 154 16) 600 175 175 16e 13C SW (71 310 70 750 204 204 20e t311 26 1]) 354 ME 650 132 132 1]2 ISE 460 7) 13.4 IW 30 72 72 72 135 116 (T) l4 - 217 204 17,4 TOTAL COMMERCIAL 74.0 201d 2.160 2160 119 1109 1104 GPAN.T.T.L 9262.8 211.3 t 26001210 3600/2160 1 2.64011,16 ID 259911.16191 2161/116 n MmWrvNhv Reu'MMd Phmry Arox IL. 2A 26, ]A. ]Ba 6. NRmp mewemw mnelg6. At Pr. 12-14 ' �'\a6 ✓ % o- 00 Z) �h'i//STransportdtio At-* 9�rh HHWRoad 10 r. i ��___� �_��• moor - t l f- NewoortCoast�c 1 0 1 — — — — — Approximate development area Section II — 2011 Discretionary Approvals This Section documents all discretionary permits approved by the County of Orange and the City of Newport Beach for 2011 and includes the type of permits approved — i.e., Coastal Development Permit, Changed Plan, Site Development Permit, or Zoning Clearance, a summary of the purpose of the permit issued and the date each was approved. 7 12-16 Discretionary Approvals 2011 March 16, 2011— Changed Plan CP100019 Changed Plan CP100019 - The County of Orange Planning Director approved Changed Plan CP100019 to Coastal Development Permit PA050038 documenting the architectural changes originally approved under PA050038. July 1, 2011—Zoning Clearance SA2011-016 Zoning Clearance SA2011-016 — The City of Newport Beach Planning Division Staff issued Zoning Clearance SA2011-016 (PA2011-127) documenting that the proposed changes at 7862 East Coast Highway located within the Crystal Cove Promenade Shopping Center were in substantial conformance with the original approving action of the Orange County Planning Commission. The proposed changes consisted of alterations to the suite formerly occupied by the restaurant Sage on the Coast to accommodate the new restaurant Tamarind of London. July 28, 2011— Changed Plan CP110009 Changed Plan CP110009 — The County of Orange Planning Director approved Changed Plan CP110009 to Coastal Development Permit PA980101 which amended the approved sign program to expand the number and to modify the design parameters of the Primary Tenant Wall Signs (Sign Type #3) and the Directory Sign (Sign Type #8). September 15, 2011—Zoning Clearance SA2011-020 Zoning Clearance SA2011-020 — The City of Newport Beach Planning Division Staff issued Zoning Clearance SA2011-020 (PA2011-160) documenting that the proposed changes at 7972 East Coast Highway located within the Crystal Cove Promenade Shopping Center were in substantial conformance with the original approval action of the Orange County Planning Commission. The proposed changes consisted of alterations to a suite formerly occupied by Red Mango Frozen Yogurt in order to accommodate the new restaurant Bear Flag Fish Company. 0 12-17 Section III - Community -Wide Information The Community -wide and Planning Area Information Update provides a summary of the changes that occurred for land use (gross acreage and square footage), population, dwelling unit, and employee information for the entire community for 2011. Following the summary, the same statistical information is provided for the individual Planning Areas that were the source for the changes for 2011. Following is a list of the Planning Areas that experienced change in 2011. • Planning Area 4A Crystal Cove • Planning Area 4B Crystal Cove • Planning Area 5 Pacific Ridge E 12-18 ATTACHMENT 3 COMMUNITY -WIDE INFORMATION 2011 ANNUAL MONITORING REPORT COMMUNITY/PROJECT NAME: Newport Coast ESTIMATED BUILDOUT YEAR: 2015 B. Residential Population' 1 3,843 1 5,357 15,850 C. Dwelling Units/Accommodations AS OF 12/31/02 AS OF 12/31/11 AT BUILDOUT A. Developed Acres by Land Use 1,195 1,868 2,087 Residential - Detached 785.6 1,439.5 1,632.6 Residential -Attached 242.2 242.2 242.2 Commercial 0.0 10.0 10.0 Commercial Square Footage 0 125,000 125,000 Industrial 0.0 0.0 0.0 Office 0000 0.0 Other - Open Space and Recreation 7,407.8 7,407.8 7,407.8 Other- Tourist Commercial Resort 10.7 201.3 201.3 TOTAL DEVELOPED ACRESI 8,446.3 1 9,300.8 1 9,493.9 B. Residential Population' 1 3,843 1 5,357 15,850 C. Dwelling Units/Accommodations Single -Family Detached 1,195 1,868 2,087 Attached (including Rental) 513 513 513 Other- Tourist Commercial Resort Accommodations 117 1,104 1,104 TOTAL DWELLING UNITS 1,825 2,381 2,600 TOTAL ACCOMMODATIONS 117 1,104 1,104 D. Employees Commercials 0 283 283 Industrial 0 0 0 Office 0 0 0 Other - Open Space and Recreation 75 75 75 Other - Tourist Commercial Resort' 50 994 994 TOTAL EMPLOYEES 125 1,352 1,352 ' Residential population based on 2.25 PPDU Source: CA Dept of Finance and Center for Demographic Research, CSU Fullerton as of June 2001 ' The maximum allowable number of residential units is 2,600. The current number of approved residential units is 2,599 ' The maximum allowable number of tourist commercial accommodations is 2,150. The current number of approved tourist commercial accommodations is 1,108 4 Employees based on existing count for golf course s Employees based on 0.9/accommodation Source: General Employment Generation Factors - County of Orange 10 12-19 ATTACHMENT4 PLANNING AREA INFORMATION 2011 ANNUAL MONITORING REPORT COMMUNITY/PROJECT NAME: Newport Coast ESTIMATED BUILDOUT YEAR: 2015 PA 4A B. Residential Population' 1 0 1 230 1457 C. Dw lling Units Single -Family Detached 0 78 203 Attached (Including Rental) 0 0 0 TOTAL DWELLING UNITSIACCOMMODATIONSI 0 1 78 203 D. Employees ' AS OF 12/31102 AS OF 12/31/11 AT BUILDOUT A. Developed Acres by Land Use 0 0 0 Residential - Detached 0.0 119.9 237.4 Residential - Attached 0.0 0.0 0.0 Commercial 0.0 0.0 0.0 Commercial Square Footage 0.0 0.0 0.0 Industrial 0.0 0.0 0.0 Office 0.0 0.0 0.0 Other- Open Space and Recreation 0.0 0.0 0.0 Other- Tourist Commercial Resort 0.0 0.0 0.0 TOTAL DEVELOPED ACRES1 0.0 1 119.9 1237.4 B. Residential Population' 1 0 1 230 1457 C. Dw lling Units Single -Family Detached 0 78 203 Attached (Including Rental) 0 0 0 TOTAL DWELLING UNITSIACCOMMODATIONSI 0 1 78 203 D. Employees ' Commercial 0 0 0 Industrial 0 0 0 Office 0 0 0 Other- Open Space and Recreation 0 0 0 Other - Tourist Commercial Resort 3 0 0 0 TOTAL EMPLOYEES 0 0 0 Residential population based on 2.25 PPDU Source: CA Dept of Finance end Centerfor Demographic Research, CSU Fullerton as of June 2001 2 The maximum allowable number of residential units is 2,600. The current number of approved residential units is 2,599 3 Employees based on existing count for golf course 4 Employees based on 0.9/accommodation 11 12-20 ATTACHMENT4 PLANNING AREA INFORMATION 2011 ANNUAL MONITORING REPORT COMM UNITYIPROJECT NAME: Newport Coast ESTIMATED BUILDOUT YEAR: 2015 PA 4B B. Residential Population' 1 0 1 115 1243 C. Dvuelling Units Single -Family Detached 0 51 108 Attached (Including Rental) 0 0 0 TOTAL DWELLING UNITS/ACCOMMODATIONS1 0 1 51 108 D. Employees AS OF 12/31/02 AS OF 12131/11 AT BUILDOUT A. Developed Acres by Land Use 0 0 0 Residential - Detached 0.0 56.0 100.8 Resitlential- Attached 0.0 0.0 0.0 Commercial 0.0 0.0 0.0 Commercial Square Footage 0.0 0.0 0.0 Industrial 0.0 0.0 0.0 Office 0.0 0.0 0.0 Other- Open Space and Recreation 0.0 0.0 0.0 Other -Tourist Commercial Resort 0.0 0.0 0.0 TOTAL DEVELOPED ACRESI 0.0 1 56.0 1100.8 B. Residential Population' 1 0 1 115 1243 C. Dvuelling Units Single -Family Detached 0 51 108 Attached (Including Rental) 0 0 0 TOTAL DWELLING UNITS/ACCOMMODATIONS1 0 1 51 108 D. Employees Commercial 0 0 0 Industrial 0 0 0 Office 0 0 0 Other - Open Space and Recreation 0 0 0 Other- Tourist Commercial Resort 3 0 0 0 TOTAL EMPLOYEES 0 0 0 ' Residential population based on 2.25 PPDU Source: CA Dept of Finance and Center for Demographic Research, CSU Fullerton as of June 2001 The maximum allowable number of residential units is 2,600. The current number of approved residential units is 2,599 3 Employees based on existing count for golf course ° Employees based on 0.9/accommodation 12 12-21 ATTACHMENT4 PLANNING AREA INFORMATION 2011 ANNUAL MONITORING REPORT COMMUNITY/PROJECT NAME: Newport Coast ESTIMATED BUILDOUT YEAR: 2015 PA 5 B. Residential Population' 1 0 1 297 1385 C. Dwelling Units Single -Family Detached 0 135 171 Attached (Including Rental) 0 0 0 TOTAL DWELLING UNITSIACCOMMODATIONS1 0 1 135 1 171 D. Employees AS OF 12/31/02 AS OF 12/31111 AT BUILDOUT A. Developed Acres by Land Use 0 0 0 Residential - Detached 0.0 104.2 135.0 Residential - Attached 0.0 0.0 0.0 Commercial 0.0 0.0 0.0 Commercial Square Footage 0 0 0 Industrial 0.0 0.0 0.0 Office 00 0.0 0.0 Other- Open Space and Recreation 0.0 0.0 0.0 Other- Tourist Commercial Resort 0.0 0.0 0.0 TOTAL DEVELOPED ACRESI 0:0 1 104.2 1135.0 B. Residential Population' 1 0 1 297 1385 C. Dwelling Units Single -Family Detached 0 135 171 Attached (Including Rental) 0 0 0 TOTAL DWELLING UNITSIACCOMMODATIONS1 0 1 135 1 171 D. Employees Commercial 0 0 0 Industrial 0 0 0 Office 0 0 0 Other- Open Space and Recreation 0 0 0 Other- Tourist Commercial Resort 0 0 0 TOTAL EMPLOYEES 0 0 0 ' Residential population based on 2.25 PPDU Source: CA Dept of Finance and Center for Demographic Research, CSU Fullerton as of June 2001 2 The maximum allowable number of units is 2,600. The current number of approved residential units is 2,599 a Employees based on existing count for golf course "Employees based on 0.9/accommodation 13 12-22 Section IV — Development Agreement Obligations In 1988 Irvine Company and the County entered into a Development Agreement which required Irvine Company to prepare an AMR for Newport Coast. Exhibit D — Benefits to County and Its Residents (Exhibit D) of the Irvine Coast Development Agreement (Appendix 4) listed the benefits secured by the County as conditions of approval of the Development Agreement. Following is a list of these obligations. • Fire Station • Library • Parks — Irvine Coast Wilderness Open Space • Transportation o Participation in Traffic Signal Fee Program (CARITS/Traffic Signal Fees) o San Joaquin Hills Transportation Corridor (Fees/Offer of Dedication) o Standby commitment for 1990 Action Plan for South County Road Improvements o Enhanced Circulation Improvements Phasing Plan (San Joaquin Hills Road, Pacific Coast Highway, Newport Coast Drive) • Child Care • Sheriff Substation The obligations listed in Exhibit D were addressed in the inaugural AMR which was prepared for year 1997. Periodically, Irvine Company would include updates addressing the status of compliance with the obligations of outlined in Exhibit D. In addition, Irvine Company included in the AMR the status of park improvements for Newport Coast. Updates to the obligations in Exhibit D were provided to the County by Irvine Company in the AMR for the year 2003 and are reproduced herein. The AMR for the years 2002-2010 documented the completion of all of the Exhibit D obligations and are reproduced herein. The following table summarizes the Exhibit D obligations and the date of compliance. 14 12-23 Newport Coast Development Agreement — County of Orange Exhibit D Obligations Obligations Status Date Funding Fire Station - Newport Coast Obligation met Reported 2003 AMR CFD 88-1 CFD 92-1 Cash Payment - $250,000 Library Obligation met Reported 1997 AMR Cash Payment - $422,500 Parks — Irvine Coast Wilderness Open Obligation met Reported 1997 AMR 2,666 Acres Space Transportation CFD 88-1 - Road Fee Programs CFD 01-1 CARITSITraffic Signal Fees Obligation met Reported 2003 AMR SJHTC Fees Obligation met Reported 2003 AMR SJHTC Offer of Dedication Obligation met Reported 2003 AMR San Joaquin Hills Road Obligation met Reported 2003 AMR - Other Roads Pacific Coast Highway Obligation met Reported 2003 AMR Newport Coast Drive Obligation met Reported 2003 AMR Child Care Obligation met Reported 2003 AMR Cash Payment - $52,000 Sheriff Substation Obligation met Reported 1997 AMR Cash Payment - $392,310 15 12-24 2003 AMR UPDATE OF OBLIGATIONS — EXHIBIT D IRVINE COAST DEVELOPMENT AGREEMENT The following information was submitted as part of the year 2003 AMR to provide an update of the obligations listed in Exhibit D of the Irvine Coast Development Agreement. • A letter dated March 19, 2004 from Roberta Marshall, Irvine Community Development Company, to John Buzas, County of Orange, submitting the AMR for the year 2003. The letter also identified the status of road and park improvements within Newport Coast. • A letter dated October 12, 2004 from Roberta Marshall, Irvine Community Develop- ment Company, to Alan Garrison, County of Orange, submitting an update of the obligations listed in Exhibit D. The format for reporting the update is Attachment 9, pages 1-6 of the County's 2002 Annual Monitoring Report Format (Appendix 1). Also included at the County's request was Attachment 10 which was the Five Year General Plan Review for Development Agreements, also from the County's 2002 Annual Monitoring Report Format. 2002 — 2010 AMR UPDATE OF OBLIGATIONS — EXHIBIT D IRVINE COAST DEVELOPMENT AGREEMENT The following information is submitted as part of the year 2002 — 2010 AMR to provide an update of the obligations listed in Exhibit D of the Irvine Coast Development Agreement. • The AMR for year 2003 reported that the widening of Newport Coast Drive (formerly Pelican Hills Road) from San Joaquin Hills Road to the San Joaquin Hills Transportation Corridor would begin in mid-September of 2004 and complete in mid- February, 2005. The Notice of Completion for the widening was recorded on March 10, 2006. The completion of the Newport Coast Drive widening represents the last obligation listed under Exhibit D (Item K — Enhanced Circulation Improvements Phasing Plan) of the Irvine Coast Development Agreement. • The last park in Newport Coast, Coastal Peak Park which is located in Planning Area 6, was conveyed to the City of Newport Beach on August 25, 2009. 16 12-25 ;�% IRVINE COMMUNITY DEVELOPMENT COMPANY Awbsdw CTWRVN OXAIA tY March 19, 2004 John Buzas County of Orange 300 N. Flower St. Santa Ana, CA 92703-5000 Re: 2003 Annual Monitoring Report Dear John - Attached please find the Annual Monitoring Report for 2003 (AMR). In addition to the materials presented in the submittal, Irvine Community Development Company (ICDC) has prepared the following summary of accomplishments for 2003: (1) Newport Coast Drive Widening (SJH Rd. to SJHTC) - Plans for the widening of Newport Coast Drive are being finalized. ICDC will submit working drawings to The City of Newport Beach by the etnd of this month. Pending approval from the City, we expect to begin construction this summer and complete construction in early 2005. (2) Los Trancos View Parks -The Los Trances View Parks were completed and turned over to Harbors, Beaches and Parks for maintenance. (3) Vista Ridge Road View Park - The Vista Ridge Road View Park was completed and turned over to the Newport Coast Community Association for maintenance. (4) Crystal Cove - Ocean Garden Park - Ocean Garden Park was completed and turned over to the Crystal Cove Community Association (LCCA) for maintenance. (5) Crystal Cove — Reef Point Entry —The Reef Point Entry was completed and was tumed over to the CCCA in March 2004. (6) Crystal Cove - Tot Lot on Sidney Bay at Tidelines - The tot lot in PA3B was completed and turned over to the CCCA for maintenance in March 2004- (7) Crystal Cove - Grading and street improvements are on-going in PA4A/4B. 81051m,e Center ewe. &11e 300. Irvine. CM,ftnie 9261&2902 • 19691 7262550 17 12-26 Mr. John Buzas March 19, 2004 Page 2 of 2 (8) Pacific Ridee — Grading, street and landscape improvements and the entrieshecreation facility are under construction in PA2C and 5. Please extend my appreciation to the County Planning Staff for their assistance in 2003! Sincerely, Roberta Rand Marshall Vice President Attachment cc: Paul Shaver, CAA (w/ou( au.) is 12-27 IRVINE COMMUNITY DEVELOPMENT COMPANY Asulosidiaryol THE IRVINE COMPANY October 12, 2004 County of Orange Resources R Development Management Dept. Attn: Alan Garrison, Third Floor P.O, Box 4048 Santa Ana, CA 92702-4048 Re: 2003 Annual Monitoring Report Dear Mr. Gamson: Attached please find the addition information as requested in John Buzas' June 17, 2004 letter to me. Please note that the construction schedule for Newport Coast Drive Widening is as follows: Obtain Construction Permits and CalTrans Encroachment Permit - 8/31/04 Commence Construction — 9/15/04 Construction Complete -2/15/04 .Please let me know if you require additional information. Sincerely, Roberta Rand Marshall Vice President Allaclunents: (1) Updated Discretionay Approval. Summmeries (2) Aerial Photo 1"= 1,000 scale (3) Attachment 9 and 10 cc: John Buzas (w/out attachments) 550 Newporl Center or!", Nowporl Beach, California 926607011 (949) 7202000 19 12-28 ATTACBMENP9,PAGE 1 2002 ANNUAL MONITORING REPORT DEVELOPMENT AGREEMENT OBLIGATIONS COMMUNIT'Y/PROJECTNAME: Ne. nnrr roaer Planned Communi Cyu I IIYE s,TA3blVS HAVE EXHIBITS "D" OBLIGATIONS BEEN MET? IT 1 6/5/90 ❑ El YES DATE NO NOT APPLICABLE WHICH FIRE STATION _ #54 -Foothill Ranch (forruerly #38) _ #57 -Aliso Viojo (formerly #39) #40 - Coto de Can #42 - Portola Hills #45 - Santa Margarita #47 - Laguna Laurel _ #49 -Bear Brand X #52 - Newport Coast HOW WAS THE FIRE STATION OBLIGATION MET/ Implementation and Security Agreement Security Posted: $ 25 n(u) nnn Date Executed: 6 / 5 / 00 Construction Agreement Security Posted:$ 2,500,000 Performa Date Executed: 5/90 Conunpnity Facilities District(s) Bond issues: $ 166.7M 88-1 $11.8451,1 92-1 Cash/fees paid/subdivision fee agreement: 20 cash payment Bond 12-29 ATTACHMENT 9, PAGE 2 2002 ANNUAL MONITORING REPORT DEVELOPMENT AGREEMENT OBLIGATIONS COMMUNITY/PR07ECTNAME: Newport Coast Planned Community HAVE EXfIIBITS "D" OBLIGATIONS BEEN MET? FX YES DATE WHICII LIBRARY: _Saddleback Branch _North Aliso Viejo Branch _Crown Valley Branch _South County Canyons Branch NO NOT APLICABLE MOW WAS THE LIBRARY OBLIGATION MOT? Implementation and Security Agreement Security Posted: $ Date executed: Construction Agreement Security Posted: $ Date executed: Community Facilities District(s) Bond Issues: S Cash/fees/paid/subdivision fee agreement 21 422,500 (cash paid) Library Payments 12-30 22 12-31 a1ev�0R g LEGEND e County OS i . COASTAL ZONE BOUNDARY 1:1 Offered & Accepted ■ County OS Offered Sege HYI e Conservation Easement Signal Po* PT NCPC OS Others Copts Conlon $r Con'toeIia FACCEPT Newp gitlp• 2 NCE AT COMORETION ACCEPTANCE TION or Norm �p OFIMPflOVEMENTS O EMENTS Coastal Pa6r0 NCCP Special Linkage Canyon Ridge Management M.naBemam NewpoU Coes, Uni1II .nil l SPopping Center T ro S Ocean � HeIBRIs P SanJoaquinNewport geservw Ridge Vemna N.,.rt Assu. Ridge Trovare T yvSLq� �4 Santa Luck Gcean Callwn, a RltlBe 11 Muddy WaehPark 'I Canyon PHerooI1 Log Tramms 8 lgd O rk Cancan Cryval Cove state ran,Lagun Manteca Gcean Beacn Buck Gully Rld,al S�4, Oquen Flags III Management Unit IV OR 5 Pollan Crag P•Ikan peal 11 VMw GONpITIONGF Mann U Management III III Pqft gPPROVgI FGR Fallen HIII TRACT 15613 pym•I Core I 4 A HIL,0 Was HN mbea The Inn at {� R t align HIII n� Polkas HW G¢Il Course LRGWD n Manual Region goOEstq "VRFs' y Yw E WASTHNY Desist C. HIII ES. CallCo Gdi Course �EIMdo Pelican Poim Polices Hill Gall Courts 08/09'0' iwP0001efue_o•ei Newport Coast Planning Communities: County of Orange Open Space L\6ISNo2000hatll gmDUic`a906oe nc os pdf IRVINE COMMUNr1Y DEVEWPMENT COMPANY Urban Planning & Design Graphics �� AabNayd IIEPVNE[MM1VM' 0' 2,500' 5,000' 22 12-31 ATTACHMENT 9,PACE 4 2002 ANNUAL MONITORING REPORT DEVELOPMENT AGREEMENT OBLIGATIONS E ":Ro d HAVE EXHIBITS "D" OBLIGATIONS BEEN MET? FX -1 YES DATE WHICH TRANSPORTATION OBLIGATIONS HAVE BEEN MET? NO NOT APPLICABLE HOW WERE THE TRANSPORTATION 013LIGATIONS MET? Road Fee Program: CARITS/Traffic Signal Fees Implementation and Security Agreement SJH'TC Fees Security Posted; $ (see below) Date executed: SJHTC-Offer of Dedica {:ion San Joaquin Hills Road Other Roads: Paci fLQ-c2&G t—uighwsy Pelican Hill Road (Newport Coast Drive) Traffic Signals: Number required: Number completed Road Improvement: Bond Amt. San Joaquin Hills Road $15,927,176 Pacific Coast Highway $13,679,323 Pelican Hill Road (NCD) $47,480,.760 Construction Agreement Security Posted: S Dated executed: Community Facilities District(s) Bond issues $ 166.7M 88- 78. 7M 8 -76.7M 01-1 Cash/fees paid/subdivision fee agreement: Note: EIR 569 - Required widening of Newport Coast Drive (Pelican Hill Road) b Sea Joaquin Hills Road and the San. Joaquin Hills Transportation Corridor. Cons documents have been submitted to the City of Newport Beach for approval. Const 23 12-32 ATTACHMENT 9, PAGE 5 2002 ANNUAL MONITORING REPORT DEVELOPMENT AGREEMENT OBLIGATIONS COMMUNITY/PROJECT NAME: Nerr consy vi "°a Community CxJE� HAVE EXHIBITS "D" OBLIGATIONS BEEN MET? F Cash/fees paid/subdivision fee El YES DATE NO NOT HAVE EXHIBITS "D" OBLIGATIONS BEEN MET? FI F-1 F APPLICABLE HOW WAS THE CHILD CARE OBLIGATION MET? Implementation and Security Agreement Security Posted: $ 52, 000 Child Care Plan Date executed: tl/taroi Cash/fees paid/subdivision fee Bond No. 087414 released on 2'/,5/02 agreement: $52,000 Child Care HAVE EXHIBITS "D" OBLIGATIONS BEEN MET? FI F-1 F YES DATE NO NOT APPLICABLE HOW WAS THE SHERIFF SUBSTATION OBLIGATION MET? Implementation and Security Agreement Commmnity Facilities Districts(s) _ Security Posted: $ 392,310 _ Bond Issued: $ -_ Date executed 6/95 Cash payment of $392,310 (6/95) Bond No. 087413 ($343,875) released on 7/18/95 24 12-33 ATTACHMENT 9, PAGE 6 2002 ANNUAL MONITORING REPORT DEVELOPMENT AGREEMENT OBLIGATIONS COMMUNITY/PROJECTNAME: N �nned Communtiy HAVE EXHIBITS "E" MILESTONES AND PHASING CRITERIA BEEN MET? MILESTONE: See attached. DUs RELEASED: CUMULATIVE DUs: NON -RES. SQ. IT: CUMULATIVE SQYT: DUs RELEASED CUMULATIVE DUs: NON-RES.SQ.FT: CUMULATIVE SQ.FT: MILESTONE: DUs Released: CUMULATIVE DUs: NON-RES.SQ.FT: CUMULATIVE SQ.FT: (ATTACH ADDITIONAL SHEETS IF NECESSARY) WHAT ASSIGNMENTS OF RIGHTS HAVE OCCURRED SINCE THE DEVELOPMENT AGREEMENT EXECUTED: DATE Assignee DUs and/or Square Feel 25 12-34 ATTACIIMENT 10 2002 ANMJAL MONITORING REPORT FIVE YEAR GENERAL PLAN REVIEW FOR DEVELOPMENT AGREEMENTS COMMUNITY/PROJFCTNAME: Ne rt Coast Pt d C,nm o+e, The development agreements include a section (typically 5.2) requiring a five-year review of the General Plan As it applies to each project. The following questions have been pelxued to assist you in complying with this requirement. I. Have there been anyamendments to the Orange County General Plan that have occurred since the execution of your Development Agreement which have impacted the approved uses for your property? YES x NO 2. Ifyes, please specify which General Plan Extr ent, the date that the amendment was adopted and those issues which you believe are relevant to Question 1. MIA 3. Have there been any amendments to your Development Plan since your Development Agreement was executed? x YES NO 4. If so, please identify these amendments by project number, date and any issues relating to your Development Agreement. Newport Coast Local Coastal Plan - Second Amendment - Certified by Board of Supervisors on December 3, 1996, Resolution No. 96-86L and i0tia mteNo. 096-3974. .._... ..Resulted in the First Amendment to the Irvine Coast Development greemenCi recorded 9 70 976/2 97. 5. Do you have any suggested modifications to the General Plan based on your review of the General Plan as it applies to your Development Agreement and/or Development Plan? Please be specific. N/A 26 12-35 Section V — Appendix 2002 Annual Monitoring Report Format (County of Orange) 2. Exhibit W, Planned Community Development Map (Newport Coast LCP) 3. Planned Community Statistical Table — 6th Revision (Newport Coast LCP) 4. Exhibit D — Benefits to County and Its Residents (Irvine Coast Development Agreement, County of Orange) 27 12-36 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, February 10, 2015, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following item: Annual Review of Development Agreement No. 14 (PA2011-030) - Annual Monitoring Review of Development Agreement No. 14 (Annexation and Development Agreement between the City of Newport Beach, the Irvine Company, and the Irvine Community Development Company concerning the Newport Coast Planned Community and Adjacent Properties). As specified in the Development Agreement, the review shall be conducted by the City Council. This action is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. All interested parties may appear and present testimony in regard to this item. If you challenge this action in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64 (Appeals). The item may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this item. For questions regarding details of the project please contact Benjamin M. Zdeba, Assistant Planner, at (949) 644-3253, bzdeba newportbeachca.gov. Project File No.: PA2011-030 Activity No.: DA2012-002 Zone: PC -52 (Newport Coast) Applicant: The Irvine Company Location: Newport Coast and Adjacent Properties tiwPo ' o � Lei lani Iti wn, MMC, City Clerk :E ,', ` °i: City of Newport Beach C'9GIFO N`p. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, February 10, 2015, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following item: Annual Review of Development Agreement No. 14 (PA2011-030) - Annual Monitoring Review of Development Agreement No. 14 (Annexation and Development Agreement between the City of Newport Beach, the Irvine Company, and the Irvine Community Development Company concerning the Newport Coast Planned Community and Adjacent Properties). As specified in the Development Agreement, the review shall be conducted by the City Council. This action is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. All interested parties may appear and present testimony in regard to this item. If you challenge this action in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64 (Appeals). The item may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this item. For questions regarding details of the project please contact Benjamin M. Zdeba, Assistant Planner, at (949) 644-3253, bzdeba newportbeachca.gov. Project File No.: PA2011-030 Activity No.: DA2012-002 Zone: PC -52 (Newport Coast) Applicant: The Irvine Company Location: Newport Coast and Adjacent Properties EW Pp /s/ Leilani I. Brown, MMC, City Clerk City of Newport Beach dos Angeles TimesM E D I A G R O UP R�Ci---I�!FD PROOF OF PUBLICATION�-t (2015.5 C.C.P.) STATE OF ILLINOIS - County of Cook 3 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on lune 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Jan 31, 2015; 1 certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this 1-0_ day of P r , 20 J--'—q a�[signs re] 435 N. 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