Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
13 - Pacific View Memorial Park North Newport Review
CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. February 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung@city.newport-beach.ca.us SUBJECT: Annual Reports of Development Agreements for Pacific View Memorial Park (PA2006 -282) and North Newport Center (PA2007 -151) ISSUE Have the applicants for Pacific View Memorial Park and North Newport Center demonstrated good faith compliance with the terms of their respective development agreements? RECOMMENDATION 1) Conduct a public hearing; and 2) Find that the applicants have demonstrated good faith compliance with the terms of their development agreements; and 3) Receive and file Annual Reports of Development Agreements for Pacific View Memorial Park (Attachment No. 1) and North Newport Center (Attachment No. 2). INTRODUCTION Section 15.45.080 of the Municipal Code requires the City Council to periodically review development agreements to determine if the applicant has complied with the terms of the agreement. This review must be conducted at least once every twelve (12) months from the date on which the agreement is executed. The applicant is required to demonstrate good faith compliance with the terms of the agreement. Should the City Council find that the applicant has not complied in good faith with terms or conditions of the agreement, the City Council may terminate or modify the agreement. PACIFIC VIEW MEMORIAL PARK Background On July 10, 1995, the City Council approved Development Agreement No. 7, which grants development allocations to Pacific View Memorial Park. The Development Agreement also establishes comprehensive provisions for development phasing, construction scheduling, the Pacific View Memorial Park and North Newport Center February 24, 2009 Page 2 height and design of structures, landscaping, and the maintenance of landscaped buffers between the Memorial Park and the abutting residences. On September 25, 2007, the City Council approved an amendment to Development Agreement No. 7 to allow Pacific View Memorial Park to modify the development limits within Building Site "H" of Area 8. The term of the Development Agreement was extended for eighteen (18) years from the effective date of the amendment. With the seven (7) year automatic extension, the term of the Development Agreement is to the year of 2032 (25 years from the effective date of the amendment). Anal sis The Pacific View Memorial Park Development Agreement provides for a maximum of 30,000 square feet of administrative offices and support facilities, 114,480 square feet of community mausolea, and 12,000 square feet of family mausolea. The improvements made to date and remaining entitlements are listed in the following table. As documented in the attached Annual Report (Attachment No. 1), Pacific View Memorial Park is in compliance with the terms and conditions specified in the Development Agreement. No complaints have been received by staff within the last year. Since the last review of the Development Agreement, a new community mausoleum and a new family mausoleum have been constructed. A second family mausoleum and an addition to the administration building are currently under construction. After reviewing the Annual Report and applicable documents, staff determined that Pacific View Memorial Park has complied in good faith with terms and conditions of the Development Agreement. II. NORTH NEWPORT CENTER Background On December 18, 2007, the City Council approved Development Agreement No. DA2007- 002, which granted The Irvine Company entitlement and transfer rights within the North Newport Center Planned Community. North Newport Center consists of Newport Center Block 500, Newport Center Block 600, Fashion Island, and San Joaquin Plaza. The Development Agreement specifies the term, permitted uses, density and intensity of development, circulation improvements, public benefits, City Hall site, and dedication of street right -of -way and open space. The Development Agreement vests The Irvine Company's right to build up to 75,000 sq. ft. of retail space, 205,161 sq. ft. of office space (through the transfer of development rights), and 430 residential units in Block 500, Block 600, and /or San Joaquin Plaza. The term of the Agreement is 20 years and will expire in 2028. Administration 30,000 9,914 20,086 Community 114,480 82,272 32,208 Mausoleum Family Mausoleum 12,000 10,833 171 67 As documented in the attached Annual Report (Attachment No. 1), Pacific View Memorial Park is in compliance with the terms and conditions specified in the Development Agreement. No complaints have been received by staff within the last year. Since the last review of the Development Agreement, a new community mausoleum and a new family mausoleum have been constructed. A second family mausoleum and an addition to the administration building are currently under construction. After reviewing the Annual Report and applicable documents, staff determined that Pacific View Memorial Park has complied in good faith with terms and conditions of the Development Agreement. II. NORTH NEWPORT CENTER Background On December 18, 2007, the City Council approved Development Agreement No. DA2007- 002, which granted The Irvine Company entitlement and transfer rights within the North Newport Center Planned Community. North Newport Center consists of Newport Center Block 500, Newport Center Block 600, Fashion Island, and San Joaquin Plaza. The Development Agreement specifies the term, permitted uses, density and intensity of development, circulation improvements, public benefits, City Hall site, and dedication of street right -of -way and open space. The Development Agreement vests The Irvine Company's right to build up to 75,000 sq. ft. of retail space, 205,161 sq. ft. of office space (through the transfer of development rights), and 430 residential units in Block 500, Block 600, and /or San Joaquin Plaza. The term of the Agreement is 20 years and will expire in 2028. Pacific View Memorial Park and North Newport Center February 24, 2009 Page 3 Analysis The North Newport Center Development Agreement establishes entitlement rights. The improvements made to date and remaining entitlements are listed in the following table: i� Enftlk'it -41. ' Development of 1,619,525 1,252,578 96,220 270,727 Fashion Island 1,700 theater 0 1,700 theater seats — seats Transfer of 24,428 301,589 B Block 500 612,273 310,684 from Block 600 1,212,098 952,673 Transfer of 24,428 6,461 (5,572) 295 hotel rooms 295 hotel rooms Block 500 0 hotel rooms Block 600 430 residential 430 residential units 0 units San Joaquin Plaza 337,261 337,261 -- 0 Since the approval of the Development Agreement in December of 2007, The Irvine Company has completed the following: • Dedication to the City of the open space parcel in Newport Center comprised of approximately 318 acres of land; and • Termination of the use restrictions contained in the deed for the property located on the east side of Avocado Avenue, north of the Central Library, to allow for construction of a new City Hall on that site; and • Dedication to the City of the Lower Castaways site for municipal uses allowed under the General Plan's Recreational Marine Commercial designation; and • Completion of the Newport Center Drive sprinkler system retrofit along parkways and medians to low flow technology; and • Completion of 85 percent of the Fashion Island sprinkler system retrofit in the landscape areas of Fashion Island to low flow technology; and • TPO (Traffic Phasing Ordinance) approval from the Planning Commission; and • Commitment by The Irvine Company to spend $1 million dollars to enhance water quality — $112,961 has been spent to date. The remaining terms and conditions shall be completed pursuant to the timing /milestone requirement depicted in the Annual Report. After reviewing the Annual Report and applicable Pacific View Memorial Park and North Newport Center February 24, 2009 Page 4 documents, staff determined that The Irvine Company has complied in good faith with terms and conditions of the Development Agreement. ENVIRONMENTAL REVIEW This annual review is exempt from environmental review pursuant to Section 15321 of the Guidelines for Implementation of the California Environmental Quality Act. 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. PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot; mailed to all owners of property within 300 feet of the boundaries of the sites, the applicant, and posted on the subject property at least 10 days prior to this hearing consistent with the provisions of the Municipal Code. Additionally, the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Prepared by: R salinh M. Ung, A ta9Ate Planner Fern Nuen , Assistant Planner &EVVN'--� ussell Bunim, Assistant Planner Submitted by: rXit�GDr David Lepo, Plan g Director Attachments: 1. Pacific View Memorial Park Status Report 2. North Newport Center Status Report ATTACHMENT 1 PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT STATUS REPORT 5 MEMO DATE: February 9, 2009 TO: Rosalinh Ung City of Newport Beach FROM: Michael Green/Ruby Louis RE: Pacific View Memorial Park Development Agreement Status Report We have the following response to the status update request by the city. A. Development Agreement No. 7 3.1 Negative Declaration Mitigation Measure 3.1.1 All buffer area landscaping previously installed continues to be maintained by the cemetery. 3.1.6 Maintenance of Undeveloped Areas Pacific View has continued to maintain the undeveloped areas on a twice- yearly basis. Occasionally calls are received from adjacent residents on specific issues. The concerns are immediately addressed by Pacific View. 3.1.10 Drilliniz and Engraving To our knowledge no complaints have been received by Pacific View on the drilling and engraving of crypt markers due to Pacific View's compliance with the Development Agreement. 3.2 Use Permit No. 3518 — Conditions of Approval 3.2.1 Family Mausolea A family mausoleum was constructed in 2004. One additional family mausoleum was constructed in 2008 in Building Site `D' and one has been constructed in 'H' in conformance with the Development Agreement and applicable building codes. 3.2.3 Total Entitlement Allowed and Remaining 1,340 Lic. # CA 2311, 4233; AZ 19864 150 Paularino Avenue, Suite 160, Costa Mesa, California 92626 (714) 434 -9803 - FAX (714) 434 -9109 I Eleventh year of Development Agreement recap Administration Building Community Mausoleum Family Mausoleum 4.0 Public Benefit Conditions Total Built to Allowed Remaining Date 30,000 s.f. 9,914 s.f. 20,086 s.f. 114,480 s.f. 82,272 s.f. 32,208 s.f. 12,000 s.f. 10,833 s.f. 1,167 s.f. 4.4 All required landscaping and screening of Sunset Court was completed in 1995 and has continued to be maintained. 4.5 Minimum of 30 months between phases and 9 months maximum to complete community mausolea projects. One community mausolea was constructed in 2008 and the C of O obtained in December 2008. The next community mausoleum cannot begin construction until July 1, 2011. 4.6 Twenty -six (26) 15- gallon trees were required to be planted in Area 8 per the Development Agreement. This was completed in 1996 when thirty-one (31) trees were planted. As of January 1, 2007 twenty -six (26) trees have survived. This meets the required number of trees. Buffer Zone Grading,_ and Landscaping a. All buffer zone grading, landscape and irrigation was completed in 1996. 4.7 Offsite Landscaping a. All off site landscaping requirements were completed in 1996. 4.9 430 Foot Covenant Pacific View has continued to maintain this area. Existing plant material placed by homeowners in past years is pruned upon request of the affected homeowners as a courtesy since they planted these shrubs. 4.10 Ground Burial a. Building Site `E' — Building Site `E' remains undeveloped but is anticipated for cemetery development in 2009/2010. b. Other Building Sites — Pacific View is in full compliance with the provisions of this section. Building Site `G' is anticipated to continue as phased garden development in 2009/2010. 2 `6 C. Ground Burial Outside of Building Sites 1) Developed Areas 1 to 11 Pacific View is in full compliance with this section. The remainder of Area 10 was developed into lawn area in early 1997. The remainder of Area 11 was developed in 2006. Area 8 remains undeveloped and is anticipated for cemetery development in 2009/2010. B. First Amendment to Development Agreement No. 1 (See Related Item No. in Amendment) 12. The buffer zone has been planted consistent with these requirements. 14. The slopes behind the family mausolea in Building Site `H' have been graded and landscaped in conformance with Exhibit `F' and the City has inspected and provided final approval. 15., 16., 19. The community mausoleum completed in December 2008 complies with these requirements. 201 The recently completed (November 2008) family mausoleum in Lot 4 of Building Site `H' complies with this requirement. 20.g The recently completed estate gardens (July 2008) comply within this requirement. 21.a The family mausoleum completed (November 2008) in Lot 4 of Building Site `H' is less than 17 feet in height, 22 feet in width and 12 feet in depth and is in compliance. The family mausolea constructed in Building Site `D' and completed in December 2008 are both within the required 12 foot depth, 22 foot width and 12 foot height limitation requirement. 22.b The height elevations for the family mausoleum constructed in Lot 4 of Building Site `H' complies with these requirements. 26. The roof elevation of the family mausoleum constructed in Lot 4 of Building Site `H' is in compliance with Exhibits D and F. 29. The required tree planting within Building Site `H' buffer zone was completed in the Spring of 2008 consistent with the requirements and time frame period identified in this item. This family mausoleum constructed in Lot 4 of Building `H' has been inspected and approved by the City of Newport Beach and is in compliance. MG /sg mem01 -22 -09 0M)6.60 3 q ATTACHMENT 2 NORTH NEWPORT CENTER DEVELOPMENT AGREEMENT STATUS REPORT lk North Newport Center Annual Report Year 2008 (January 2008 - December 2008) Prepared for: City of Newport Beach Planning Department Contact: Patrick Alford (949) 644 -3235 Submitted by: Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Contact: Dan Dickinson (949) 720 -2243 Prepared by: CAA Planning 85 Argonaut, Suite 220 Aliso Viejo, CA 92656 -4105 Contact: Shawna Schaffner (949) 581 -2888 Annual Report January 16, 2009 North Newport Center Revised February 10, 2009 a `a Contents Annual Report - 2008 North Newport Center Introduction The purpose of the 2008 Annual Report (AR) for North Newport Center is to provide an accurate record of the development that has occurred within North Newport Center during 2008. The AR contains several tables, which show development within North Newport Center as a whole and development by sub -area. The North Newport Center Statistical Table lists all of the sub -areas within North Newport Center: Fashion Island, Block 500, Block 600 and San Joaquin Plaza. The table provides a comprehensive review of the development within North Newport Center in terms of existing development, maximum development (allowed by the General Plan) and development that has occurred during 2008. The other tables in this report track development by sub -area based on land uses within North Newport Center. The tables break down each sub -area of North Newport Center individually and track the area developed by land use, hotel rooms and residential units, as applicable. A map that depicts the sub -areas in North Newport Center is shown as Figure 1. Figure 1 — Sub -Areas in North Newport Center Annual Report - 2008 North Newport Center Summary Table — North Newport Center 1 Development Summary Annual monitoring of development is required by Development Agreement 2007 -002 between The City of Newport Beach and Irvine Company as part of the North Newport Center Project. The Term of the agreement is until January 2028. This section identifies specific development during the calendar year, including but not limited to transfers of square footage and building permits issued. Below is a list of discretionary approvals that have been issued within North Newport Center between January and December 2008. Development in North Newport Center for 2008 is as follows: Date Sub -Area Existing Development Remaining Sub -Area Entitlement Development During 2008 Entitlement Fashion Island 1,619,525 1,252,5782 Demolish: 78,690 270,727 Under Construction: 903 Newport Center Drive 1,513 s.f. (X2008 -2596) 1135 Newport Center Drive 1,796 s.f. (X2008 -2594) 96,220 1,700 theater seatsl 1,700 theater seats 0 Block 500 612,273 310,684 Transfer from Block 301,589 600: 24,428 Block 600 1,212,098 952,6734 Transfer to Block 6,461 500:24,428 (5,572)5 295 hotel rooms 295 hotel rooms 0 hotel rooms 430 residential 0 430 residential units units6 San Joaquin Plaza 337,261 337,261 0 Development Summary Annual monitoring of development is required by Development Agreement 2007 -002 between The City of Newport Beach and Irvine Company as part of the North Newport Center Project. The Term of the agreement is until January 2028. This section identifies specific development during the calendar year, including but not limited to transfers of square footage and building permits issued. Below is a list of discretionary approvals that have been issued within North Newport Center between January and December 2008. Development in North Newport Center for 2008 is as follows: Date Sub -Area Summary of Action July 2008 Block 500 /Block 600 Transfer 24,428 s.f. from Block 600 to Block 500 July 2006 Fashion Island Demolish 78,690 s.f. (Mary's) May 2007 Expand Atrium court by 92,911 s.f.(Bld. Permit #X2007- 1224) 903 Newport Center Drive 1,513 s.f. (X2008 -2596) 1135 Newport Center Drive 1,796 s.f. (X2008 -2594) All numbers in this table are shown in square feet unless otherwise indicated. 2 96,220 square feet has been permitted and is currently being constructed in Fashion Island but a Certificate of Use and Occupancy has not been issued. Once the Certificate of Use and Occupancy is issued, the square footage of the existing development will be increased from 1,252,578 to 1,348,798 square feet. a 1,700 theater seats equates to 27,500 square feet, per the North Newport Center Planned Community Development Plan. 4 In December 2007 square footage was transferred from Block 600 to Block 500. The transfer required the demolition of 42,036 square feet in Block 600. The 42,036 square feet will not be demolished until the necessary timing established in the Development Agreement. Tracking Tables TD2008 -I and TD2008 -2 reflect the post demolition square footage of 910,637 square feet. However, the square footage existing in Block 600 at the time of this writing is 952,673 square feet. The Annual Report will reflect the demolition of the 42,036 square feet during the year that it occurs. 5 An additional 5,572 square feet may only be utilized if a traffic analysis determines that there will be no adverse traffic impacts. e Residential units are permitted in Block 500, Block 600, and San Joaquin Plaza so long as the total number of units does not exceed 430. Annual Report - 2008 North Newport Center The following tables track development within North Newport Center by sub-area. All numbers are shown in gross square feet unless otherwise indicated. The tables are intended to track development annually. The North Newport Center table below provides a comprehensive listing of development by land use. The "Demolished" column is intended to reflect the final square footage demolished, not the square footage stated in a demolition permit. The "Built" column reflects the square footage provided in a Certificate of Use and Occupancy. Fashion Island Block 500 Existing x�o Existing Entitlement Entitlement Existing Tracking Development Entitlement Entitlement Development Transferred Demolished Permitted Built Tracking December December - January 2008 January 2008 Transferred Demolished Permitted Built Number 2008 2008 0- c.si 0 Mixed Use 1,619,525 1,331,268 1 78,690 96.220 Under 1,252,5787 1,619,525 Horizontal 3 587,845 310,684 +24,428 Construc tion TD2008-2 310,684 612,273 ThealerSeats 1,700 1 1,700 Block 500 Block 600 Existing x�o Existing Entitlement Entitlement Existing Tracking Development Entitlement Entitlement Development Transferred Demolished Permitted Built Tracking December December - January 2008 January 2OO8 Transferred Demolished Permitted Built Number 2008 2008 0- c.si 0 Mixed Use Horizontal 3 587,845 310,684 +24,428 TD2008-2 310,684 612,273 (MU-113) Residential 0 0 Units Block 600 San Joaquin Plaza Existing x�o December Entitlement Entitlement Development Tracking 2008 Existing December January 2008 January 2008 Transferred Demolished Permitted Built Number Development 1 2008 - MIN <S M W.: vaS; I WML 0- c.si Mixed Use Horizontal 3 1,212,098 952,673 (-24,428) TD2008-2 952,673 1,212,0988 (MU-113) Residential 430 0 Units Hotel Rooms 295 295 San Joaquin Plaza ' This does not include 96,220 square feet that has been permitted and is order construction. The square footage will be added once a Certificate of Use and occupancy has been issued. ' The 24,428 transferred out of Block 600 was derived from the 30,000 square feet remaining in Block 600 following the transfer of 277,161 square, feet to Block 500 per City Council Resolution 2007-82 (see Tracking Table TD2008- I)- The 30,000 square feet was not included in the entitlement square footage for Block 600 because it was only available for use if a traffic analysis determined that them would be no adverse traffic impact. A traffic analysis was performed and revealed no adverse traffic impacts for the transfer of 24,428 square feet to Block 500 per City Council Resolution 2008-72 (see Tracking Table TD2008-2) on July 22, 2008. The December 2008 entitlement of 1,212,098 square feet is not adjusted downward in spite of the transfer of square footage because the transferred square footage was not included in the original figure. Annual Monitoring Report - 2008 North Newport Center �1 Exis ting t ing December Entitlement Entitlement Development Tracking 2008 Existing December J anuay 20 08 January 2008 Transferred Demolished Permitted Built Number Development 2008 TmR-,iW W.: vaS; c.si Mixed Use 337,261 337,261 337,261 337,261 Residential Units 0 0 ' This does not include 96,220 square feet that has been permitted and is order construction. The square footage will be added once a Certificate of Use and occupancy has been issued. ' The 24,428 transferred out of Block 600 was derived from the 30,000 square feet remaining in Block 600 following the transfer of 277,161 square, feet to Block 500 per City Council Resolution 2007-82 (see Tracking Table TD2008- I)- The 30,000 square feet was not included in the entitlement square footage for Block 600 because it was only available for use if a traffic analysis determined that them would be no adverse traffic impact. A traffic analysis was performed and revealed no adverse traffic impacts for the transfer of 24,428 square feet to Block 500 per City Council Resolution 2008-72 (see Tracking Table TD2008-2) on July 22, 2008. The December 2008 entitlement of 1,212,098 square feet is not adjusted downward in spite of the transfer of square footage because the transferred square footage was not included in the original figure. Annual Monitoring Report - 2008 North Newport Center �1 Public Benefits The table below lists all of the public benefits resulting from Development Agreement No. DA2007-002 entitled the Zoning Implementation and Public Benefit Agreement between the City of Newport Beach and Irvine Company Concerning North Newport Center (Fashion Island, Block 500, Block 600, and San Joaquin Plaza) (herein referred to as the development agreement). Public benefits are listed in Section 4 of the development agreement. Public Benefits Table WWR v 0201 4 - "leg In•Lieu Park Fees Section 4.1 Regardless of whether a subdivision map is Landowner shall pay to City the greater of (I) the sum Total Payment as of for Renovation of Paragraphs approved for any or all of the residential units, and of $3,733,333.33 (which is 113 of the total Park Fees to December 31.2008: Oasis Senior Center 1-2 prior to and as a condition to City's issuance of the be paid to City under this Agreement) (the Initial Park $ 0 and for Park Uses First Residential Building Permit (but in no event Fee") or (ii) the applicable Per Unit Park Fees (if the earlier than the Effective Date) First Residential Building Permit includes more than Responsible Party: one hundred forty-three (143) residential units). Irvine Company Landowner's payment of the Initial Park Fee shall El Completed entitle Landowner to a credit against payment of the Per Unit Park Fees for the first one hundred forty-three (143) residential units to be developed on the Property. Section 4.1 Prior to and as a condition to City's issuance of a Landowner shall pay to City the sum of $17,364.11 Total Payment as of Paragraph 2 building permit for development of the one hundred (the difference between the Initial Park Fee and the December 31.2008: forty-fourth (144th) residential unit on any portion of total Per Unit Park Fees for 144 residential units) the Property located in Newport Center Block 500, Newport Center Block 600, or San Joaquin Plaza Responsible Party: Irvine Company ❑ Completed Annual Report - 2008 North Newport Center Annual Report - 2008 North Newport Center r �pt p d[ r=: !R 011 pl till..: .- ...lft In-Lieu Park Fees Section 4.1 Prior to and as a condition to City's issuance of each Landowner shall pay to City the sum of $26,046.51 per Number of units as of for Renovation of Paragraph 2 subsequent building permit for residential unit ('Per Unit Park Fees') December 31, 2008: Oasis Senior Center development within that portion of the Property (units) 0 and for Park Uses $26,046.51 per unit Total Payment: $0 Responsible Parry: Irvine Company ❑ Completed In -Lieu Park Fees Section 4.1 If Landowner sells any residential unit developed Landowner shall pay to City at the time of such sale of Number of units sold as of for Renovation of Paragraph 3 within the Property to a third party purchaser in other an individual residential unit the then- applicable park December 31.2008: Oasis Senior Center than a bulk sale of all of the units in a single fee for such unit as may be in effect at that time within (units) D and for Park Uses residential building the City of Newport Beach, less a credit for the amount of the Per Unit Park Fee paid prior to that time. $ park fee per unit Please see Section 4.1, paragraph 3 for additional Total Payment: information regarding Landowner's obligation to pay $ 0 fees and memorandums to be recorded against the title of each unit. Responsible Party: Irvine Company ❑ Completed Annual Report - 2008 North Newport Center r - AM UP"N MMMMMM A MIM MT11 ab M. i In -Lieu Park Fees Section 41 It, on the date that City awards a contract for Within five (5) days after City's award of the contract, Date that City awards a contract for for Renovation of Paragraph 4 renovation of the Oasis Senior Center, the total sum Landowner shall pay to City the difference ("Park Fee renovation of the Oasis Senior Oasis Senior Center of both the Initial Park Fee and the Per Unit Park Advancement'). Landowner's payment of the Park Center: and for Park Uses Fees paid by Landowner to City to date is less than Fee Advancement shall entitle Landowner to a credit the sum of $5,600,000 against the Initial Park Fee (it not paid by the time the Check below if answer is "yes." Park Fee Advancement is paid) and against the next Per Unit Park Fees that otherwise would be due and ❑ the total sum of both the Initial Park payable to City until the entire credit is exhausted. Fee and the Per Unit Park Fees paid by After such credit is exhausted, prior to and as a Landowner to City is less than the sum condition to City's issuance of each subsequent of $5,600,000 (as of date above) building permit for residential development of any portion of The Property located in Newport Center If box above is checked, then Block 500, Newport Center Block 600, or San Joaquin Landowner shall pay to City "Park Fee Plaza, Landowner shall continue to pay the Per Unit Advancement" in the amount of: Park Fees as residential building permits are issued. $_ Responsible Party: Irvine Company ❑ Completed Date: In-Lieu Park Fees Section 41 Not Specified City shall earmark $5,600,000 of the Park Fees to be Responsible Party: for Renovation of Paragraph 5 paid by Landowner (one-half of the total Park Fees) as City of Newport Beach Oasis Senior Center a matching challenge grant to apply toward and for Park Uses contributions to the renovation of the Oasis Senior E-1 Completed Center. Date: In-Lieu Park Fees Section 4.1 Not Specified City shall apply any Park Fees not spent by City on Responsible Party: for Renovation of Paragraph 5 the renovation of the Oasis Senior Center to any park City of Newport Beach Oasis Senior Center use as determined by City. Landowner and for Park Uses acknowledges that the actual amount of funds raised ❑ Completed through the matching challenge may be less than $5,600,000 and that the amount raised shall not Date: affect the amount of Park Fees payable by Landowner to City. Annual Report - 2008 North Newport Center V Annual Report - 2008 North Newport Center !Nil1MHMq44$M gfify WIT, ggj VIM M PH m MOVIE CEO "I'lig, IN Section 4.2 Public Benefit Fee Not Specified Landowner shall pay to City the sum of $27,090,000 Payment in the sum of $27,090,000 paid Paragraph I as set forth in Section 4,2 ("Public Benefit Fee"), of the in full as of -(date) Development Agreement. Responsible Party: Irvine Company ❑ Completed Section 4.2 Prior to and as a condition to the issuance of the First Landowner shall pay to City the sum of $13,545,000, Payment: $13,545,000 Paragraph I Building Permit which is one-half of the Public Benefit Fee ("Initial as of -(date) Public Benefit Fee"). Responsible Party: Irvine Company ❑ Completed Section 4.2 Upon the issuance of building permits for the 430 The balance of the Public Benefit Fee shall be paid to Building permits have been issued for Paragraph 1 residential units authorized for development within City. The amount payable by Landowner to City for 430 residential units as of the Property. each such residential unit shall be the sum of $31,500. -(date) Total Payment, (balance of the Public Benefit Fee):$13,545,000 -this equates to $31,500 per unit for 430 units. Total payment as of (date) Responsible Party: Irvine Company ❑ Completed Annual Report - 2008 North Newport Center �j,jl gNj'! MV ,11T Ail 00 cT, l'; lgel ml rg-� I Aj �Jg ,�, R! 111 Si . . .. ..... . V, — WTraff j iqrf,�,m U lFaLir Share Traffic Section 4.3 The Property is subject to City's Fair Share Traffic The City is in the process of considering updates and Fair Share Traffic Fee paid as of Fees Paragraph I Contribution Ordinance, which requires the payment amendments to its Fair Share Traffic Contribution December 31, 2008 of certain fair share traffic fees for development ('Fair Ordinance and its Fair Share Traffic Fees and that as for 0 (square footage): Share Traffic Fees"). a result of such updates and amendments the Fair Share Traffic Fee charged by City may be increased (the 'Initial Fee Increase"). Responsible Party: Notwithstanding any other provision set forth in the Irvine Company Development Agreement to the contrary, Landowner agrees that Landowner and the Property shall be subject to the modified Fair Share Traffic Contribution Ordinance including the increased fees payable pursuant to the Initial Fee Increase. This applies to square footage that was newly entitled under this agreement. Please see Section 4.3 of the Development Agreement for additional detailed information pertaining to fees. Circulation Section 44 "Circulation Enhancement Contribution" to reimburse Landowner shall contribute to City the sum of Two Check below if answer is "yes." Enhancements to Paragraph I City for City's expenses incurred for the design and Million Five Hundred Thousand Dollars Public Right of Way construction of one or more of the circulation ($2,500,000.00) ("Circulation Enhancement []The City chose to approve, design improvements listed in Section 4.4 of the Contribution'). and construct one or more of the Development Agreement, as determined by the circulation enhancements listed in City's Director of Public Works, should City choose to Section 4.4 of the Development approve the circulation enhancements after its Agreement environmental review and approval process and in Date: compliance with CEQA. If box above is checked, then Please refer to Section 4.4, paragraph I of the Landowner shall contribute to City Development Agreement for the list of circulation $2,500,000.00 enhancements. Responsible Party: Irvine Company ❑ Completed Date: Annual Report - 2008 North Newport Center 5-3 y'j AnnuuRoport'2008 North Newport Center 15— -UJ 11111" U111, Circulation Section 4.4 Landowner shall pay the Circulation Enhancement Landowner shall pay the Circulation Enhancement Indicate payment(s) below (if Enhancements to Paragraph 2 Contribution to City from time to time after the Contribution to City from time to time after the Effective applicable): Public Right of Way Effective Date, within thirty (30) days after receipt of Date and Landowner will pay any balance to the City' written request for reimbursement from City, Wth any Amount paid by Landowner to City for balance to be paid to City on the date that is sixty Circulation Enhancement Contribution (60) months after the Effective Date (the Effective as of Date is January 18, 2008) regardless of whether City (date): December 31, 200 has incurred the cost for the foregoing $0 Date that is 60 months after the Alternatively, Landowner and City may mutually Effective Date: January 18, 2013 agree upon arrangements for Landowner to use the Circulation Enhancement Contribution to construct Amount of balance paid by Landowner the foregoing improvements subject to City's to City as of approval. (date) Responsible Party: Irvine Company Completed or El Check this box if Landowner and City mutually agree for Landowner to use contribution to construct Amount used to construct improvements as of December 31, 200 Responsible Pa4 Irvine Company Completed AnnuuRoport'2008 North Newport Center 15— -UJ Annual Report '2008 10 �� North Newport Center gg Dedication of Public Section 4.5 At such time as City provides legal descriptions for Landowner shall provide an offer of dedication to City Responsible Party: Rights of Way Paragraph 1 the public rights of way, which descriptions shall be for the additional public rights of way necessary for Irvine Company consistent with the design of the circulation circulation improvements on the north side of San improvements for said public right of way. Miguel Drive between MacArthur Boulevard and El Completed Avocado Avenue and on Avocado Avenue between San Nicolas Drive and San Miguel Drive, Date: Please see Section 4.5 of the Development Agreement for additional information. Dedication of Public Section 4.5 At such time as City provides legal descriptions for Landowner shall convey the public right of way to City OCheck this box if the Landowner has Rights of Way Paragraph 1 the public rights of way, which descriptions shall be (through the recordation of an offer of dedication recorded an offer of dedication to the consistent with the design of the circulation without any restrictions or qualifications) free and clear City without any restrictions or improvements for said public right of way, of all recorded and unrecorded monetary liens, any qualifications, delinquent property taxes or assessments, and all tenancies, lessees, occupants, licensees, and all Responsible Party: possessory rights of any kind or nature, Irvine Company In addition, upon the conveyance, there shall not be Completed any violation of any law, rule, or regulation affecting the public right of way or its use, including any Date: environmental law or regulation, and Landowner shall be responsible for causing said condition to be Annual Report '2008 10 �� North Newport Center k 1� "• r itp {{ J, i z qry { /j�[ �.v _ u � - °+.! { {{fi�tt _fit:... i {���,� .. , . (. • .. C °�'! f - Open Space Section 4,6 Landowner shall dedicate to City (through the Landowner shall convey the Open Space Parcel for Check below if the answer to (i) or (ii) is Dedication Paragraph 1 recordation of a grant deed) the open space parcel in open space or public facilities purposes, to City free 'yes." Newport Center comprised of approximately 3.18 and clear of all recorded and unrecorded monetary acres of land area, bounded on the north by the liens, any delinquent property taxes or assessments, ❑ (i) City has awarded a construction Orange County Transportation Authority site, the and all tenancies, lessees, occupants, licensees, and contract for the construction of City Hall east by MacArthur Boulevard, the south by San all possessory rights of any kind or nature. at any location within the City Miguel Drive, and the west by Avocado Avenue Date: Not Applicable ( "Open Space Parcel "),within thirty (30) days after the earliest of the following: (i) City has awarded a construction contract for the construction of City Hall ® (ii) the option to purchase the Option at any location within the City or (ii) the option to Site has terminated as provided in purchase the Option Site has terminated as provided Section 4.8.1 of Development in Section 4.8.1 of Development Agreement No. Agreement No. DA2007 -002. DA2007 -002. Date: 5127108 Within 30 days after the earliest of one of the two events listed above, Landowner shall dedicate to City (through the recordation of a grant deed) the open space parcel in Newport Center comprised of approximately 3.18 acres of land area ®Check this box once the grant deed has been recorded. Date: October 17, 2008 Open Space Section 4.6 Not Specified Landowner shall, at its sole cost and expense, cause a ® Check this box once Landowner, at Dedication Paragraph 1 title company selected by City to issue to City an its sole cost and expense, has caused a owners policy of title insurance for the Open Space title company selected by City to issue Parcel with liability in an amount reasonably to City an owner's policy of title determined by City (but not exceeding the fair market insurance for the Open Space Parcel value of the Open Space Parcel) showing fee title to Date: October 17, 2008 the Open Space Parcel vested in City, free and dear of the liens, rights, and encumbrances referred to in Responsible Party: Section 4.6 of Development Agreement No. Irvine Company DA2007 -002. Annual Report - 2006 North Newport Center I � 11 Annual Report - 2008 12 91.7 North Newport Center 6' in tp Retrofit Sprinkler Section 4.9 The Newport Center Drive system retrofit shall be Landowner shall retrofit the existing sprinkler systems Check each box below upon Systems Paragraph A completed by June 2008. in the Newport Center Drive parkways and medians to implementation of the corresponding low low flow technology with the following specifications: flow technology listed to the left. ®(1) (1) The control system must monitor and adjust itself not less than daily, using either evapotranspiration ® (2) rates for the Corona del Mar micradimate or soil moisture levels monitored at enough locations in the ®(3) irrigation area as to cover each soil and slope type in Newport Center. ® (4) (2) The control system must adjust to rain conditions to limit or eliminate watering during rain events. ®Check this box once the Newport Center Drive system retrofit is (3) The sprinkler heads must eliminate overspray onto completed. roads, sidewalks, and other hardscape either by using Date: November 1. 2008 highly targeted heads that only water the plant material or by using a sprinkler -like wicking system, such as the Responsible Party: Jardiniere system Irvine Company (4) The performance of the sprinkler systems must be monitored on a regular basis, landowner agrees to install flow meters to detect line and/or sprinkler head breaks when wireless flow meter technology is proven and commercially available. Annual Report - 2008 12 91.7 North Newport Center 6' Annual Report -2008 13 North Newport Center OW, IOU Retrofit Sprinkler Section 4.9 The Fashion Island retrofit shall be completed in Landowner shall retrofit the existing sprinkler systems Check each box below upon Systems Paragraph A phases in conjunction with the water quality in the landscape areas within Fashion Island to low implementation of the corresponding low enhancements in Section 4.98 of the Development flow technology with the following specifications: flow technology specification listed to Agreement. (1) The control system must monitor and adjust itself the left. not less than daily, using either evapotranspiration rates for the Corona del Mar microclimate or soil moisture levels monitored at enough locations in the irrigation area as to cover each soil and slope type in 0(2) Newport Center. ❑ (3) (2) The control system must adjust to rain conditions to limit or eliminate watering during rain events. 0(4) (3) The sprinkler heads must eliminate overspray onto roads, sidewalks, and other hardscape either by using ❑Check this box once the Fashion highly targeted heads that only water the plant material Island retrofit is completed or by using a sprinkler-like wicking system, such as the Date: Jardiniere system Sprinkler retrofit is 85% complete. 100% (4) The performance of the sprinkler systems must be completion anticipated in 2009. See monitored on a regular basis. Landowner agrees to page 18 for additional information. install flow meters to detect line and/or sprinkler head breaks when wireless flow meter technology is proven Responsible Party: and commercially available. Irvine Company Fashion Island Section 4.9 Not Specified Landowner commits to expend a minimum of $1 For the year 2008, indicate the amount Water Quality Paragraph B million to enhance the water quality treatment (which expended to enhance the water quality Enhancements could include bioliftration, media filtration or other treatment of those surface parking areas technology) of those surface parking areas of Fashion in Fashion Island Island which are not otherwise included within the new development or redevelopment projects. $112,961.00 Landowner has full discretion as to the treatment The amount spent above is as of methods utilized and improvement phasing, to ensure December 9, 2008. that the improvements integrate with the water quality - treatment plans of the new development areas. Responsible Party: I Irvine Company Annual Report -2008 13 North Newport Center � y t•�(i�i{l}f ��' I[rd�l(q� Est y � "�., I1Y ('f E� t a `�� i �� ` � }' } I II iii f f � . �� Hl 41(# 3� ; {t � �, €tf. �f d Lhi�imi. � �� ���ni �f�� ' ItPt.r t�GiFillT s ., "� .fie`4TEPt fEF _ �Lr, i'. S°�"` I;�I° tt"'Y„tif stsi�iliff� Fashion Island Section 4.9 Annually. The first report is due by January 18, 2009 Landowner agrees to make annual reports to the City ®Check this box when the 2008 Water Quality Paragraph B (one year after the Effective Date of January 18, regarding the progress of these enhancements Annual Report is submitted to the City. Enhancements 2008). including the work performed and the amount Date: January 16 2009 expended. Design and engineering completed for the first phase of water quality improvements. First phase implementation scheduled for January 2009. See page 19 for additional information. Responsible Party: Irvine Company Cooperation of Landowner if City Section 4.10 Paragraph 1 If City elects to construct a new City Hall on the property located on the east side of Avocado Landowner shall cooperate in good faith with City to implement any necessary land use regulations, ®Check this box if the City elects to construct a new City Hall on the site Hall Constructed on Avenue, north of the Central Library including zoning amendments, and to release and north of the Central Library. Property North of terminate the use restrictions contained in the deed for Library the property to allow for and accommodate ®Check this box once Landowner has construction of a new City Hall on that site. cooperated in good faith with the City and has released and terminated the use restrictions contained in the deed for the property. Date: May 20, 2008 Responsible Party: Irvine Company Dedication of Lower Section 4.11 Upon issuance of the First Building Permit Landowner shall dedicate to City the Lower Castaways ❑ Check this box once the first building Castaways Paragraph 1 site for municipal or municipally sponsored uses permit has been issued. allowed under the General Plan's Recreational Marine Date: Not Applicable Commercial designation, such as park, marine educational facility, marine research and conservation ® Check this box once the Lower facility, or marine and harbor dependent service and Castaways site has been dedicated to support uses and other similar uses in furtherance of the City the Tidelands Trust. Date: October 17 2008 Responsible Party: Irvine Company Annual Report - 2008 North Newport Center 14 Dedication of Lower Section 4.11 Not Specified The property shall have a deed restriction in favor of Castaways Paragraph 1 Landowner which shall restrict the City's use of the property to such uses (listed in the row above), and allow the City to contract with a for profit or non -profit entity to operate certain municipal facilities or to use the property in furtherance of such uses; provided that the City may not transfer the property, by sale or long term lease to any private, for - profit company for any commercial boat marina. Ongoing Obligations and Public Benefits ® Check this box once a deed restriction has been issued in favor of the Landowner for the Lower Castaways site Date: October 17, 2008 Responsible Parties: Irvine Company and the City of Newport Beach The table below lists ongoing obligations from Irvine Company and additional public benefits resulting from Development Agreement No. DA2007- 002 referenced above. Ongoing obligations and public benefits listed in the table below are from various sections of the Development Agreement, not including Section 4, Public Benefits. Annual Report - 2008 North Newport Center S' 15 W,1111'A UjERFR Ri�_ � ��- Implement and Secton 3 implementation schedule: TIC must implement and document compliance with Check the appropriate box once an Document 'Certificate of use and occupancy for 100th market the Affordable Housing Implementation Plan affordable housing agreement has been Com liance with p rate unit ( one -third of required units. ( "AHIP "). executed and recorded for each phase AHIP below 'Certificate of use and occupancy for 200th market rate unit I one -third of required units. 100r^ market rate unit `Certificate of use and occupancy for 300th market Date: rate unit I one-third of required units. 2000, market rate unit Affordable housing agreements will be executed and Date: recorded at each phase identified above for any units constructed on the Child Time site and for designated 3000, market rate unit affordable units in The Bays apartment complex Date: before the point where a certificate of use and occupancy is issued for the related market rate units. Responsible Party: Irvine Company Annual Report - 2008 North Newport Center S' 15 Annual Report '2008 16 North Newport Center � �Ur 2K Development of Sections 6.7 and TPO approval and compliance with the fair share Since the City wilt not be developing the Option Site Z Check this box when TPO approval Option Site with 7.1 traffic fee requirements must occur before TIC can with 72,000 square feet: and compliance is attainted 72,000 Square Feet develop the Option Site. TIC must conduct a traffic analysis, provide traffic Date: August 7, 2008 of office use mitigation in compliance With the Traffic Phasing Ordinance ("TPO"), pay the applicable Fair Share Responsible Party: Traffic Fees, and obtain TPO approval from the Irvine Company Planning Commission (appeal goes to City Council) before it can develop the Option Site with 72,000 square feet of office use, Complete Section 7.3 No aterthan the earlierof-- (1) the date the City Complete construction of a third eastbound left turn El Check this box once lane Construction of a issues the certificate of occupancy for any new lane at the intersection of MacArthur Boulevard and construction is complete Third Eastbound development under the First Building Permit (but San Joaquin Hills Road (within the existing right of Date: Left Turn Lane at specifically excluding the building permit for the way except for any needed dedication at the the Intersection of Parking Structure), or (2) the date that is 60 months southwest comer). Responsible Party: MacArthur Blvd. after the Effective Date. Irvine Company and San Joaquin Hills Road 60 months after the Effective Date is January 18, 2013 (60 months after January 18, 2008). Annual Review of Section 14 First annual review (including an updated tracking The parties must conduct annual review of Check this box once the first annual Compliance with chart of built intensity and provision of public compliance with California Government Code review has taken place Code Sections benefits) must take place by January 18, 2009 (one sections 65865 and 65865.1 and City of Newport Date: January 16, 2009 year after the Effective Date of January 18, 2008). Beach Municipal Code section 15,45,070. TIC must document the current status of its Responsible Party: Irvine Company entitlement use (i.e.. a tracking chart of built intensity) and its provision of the public benefits identified in Section 4 of the Development Agreement. Annual Report '2008 16 North Newport Center � City Concurrence By signing below, the City acknowledges its concurrence with the information presented in the Annual Report. City Acknowledgement Signature Title Annual Report Distribution Date A complete Annual Report for Newport Center shall be completed and distributed no later than January 18 following each prior year to the individuals listed below. City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663 -3884 Attn: City Manager City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663 -3884 Attn: City Attorney Irvine Company 550 Newport Center Drive Newport Beach, California 92660 -0015 Attn: Dan Miller Latham & Watkins LLP 600 West Broadway, Suite 1800 San Diego, California 92101 -3375 Attn: Christopher W. Garrett Annual Report - 2008 North Newport Center 17 .1�1 4.9 A. Retrofit Sprinkler System: (1) The control system must monitor and adjust itself not less than daily, using either evapotranspiration rates for the Corona del Mar microclimate or soil moisture levels monitored at enough locations in the irrigation area as to cover each soil and slope type in Newport Center. • Eagle I- Central irrigation controllers by Rainmaster have been installed throughout Fashion Island at enough locations in the irrigation area as to cover each soil and slope type. This system monitors itself and uses evapotranspiration rates for proper irrigation on a daily basis. (2) The control system must adjust to rain conditions to limit or eliminate watering during rain events. • The Eagle i- Central irrigation controllers adjust to rain conditions automatically to minimize watering during rain events. Additionally, the system can be monitored and adjusted manually onsite or from a remote location via computer and the Rainmaster Internet connection. (3) The sprinkler heads must eliminate overspray onto roads, sidewalks, and other hardscape either by using highly targeted heads that only water the plant material or by using a sprinkler -like wicking system, such as the Jardiniere system • A Landscaping Irrigation Consultant was hired to determine what was the best irrigation equipment to install at Fashion Island to achieve the goal of eliminating overspray onto parking lots, roadways and sidewalks. Based on the consultants review of the property and irrigation system it was determined that a combination of Rainbird XPCN low- volume nozzles or Netafim Drip Irrigation should be installed throughout all areas. • 100% of all parking lot planters have been retrofitted with both the low- volume irrigation and overspray has been eliminated. • All new Development at the property will be installing this same low - volume irrigation technology. The 2008 goal was to complete the replacement of all parking lot irrigation with low - volume irrigation equipment, this has been achieved. The 2009 goal is to complete the remaining irrigation systems at the property with the same technology that was installed in the parking lots. 85% of the entire Fashion Island irrigation system has been retrofitted to date with the final 15% to be completed in 2009. (4) The performance of the sprinkler systems must be monitored on a regular basis. Landowner agrees to install flow meters to detect line and/or sprinkler head breaks when wireless flow meter technology is proven and commercially available. Currently all irrigation sprinkler systems are monitored seven (7) days a week by on -site staff. Testing of all irrigation equipment occurred on a monthly basis to confirm the irrigation systems are performing at 100% capability. In future phases, master values will be installed as well as flow meter when wireless flow meter technology is proven and commercially available. Annual Report - 2008 North Newport Center ILI �a 4.9 B. Fashion Island Water Quality Enhancements — Fashion Island Parking Areas: Fashion Island WQMP Master Plan and Treatment - A master treatment plan has been created for all parking lot surface areas in Fashion Island, taking into consideration timing of development phasing, maximize treatment potential for non - development areas and construction efficiencies for cost minimization. Technical oversight on treatment design and selection to meet State Water Quality Treatment requirements utilizing bio- retention, media filtration and other technology was provided by Stamcc Civil Engineering, NMG Soil Engineering and Geosyntec Engineering, a leading bio- retention engineering company. The proposed treatment plan when fully implemented would treat 95% of the parking lot surface areas 95% of building and hardscape areas. The treatment design included four (4) bio- retention systems and six (6) media cartridge vault systems designed to treat a total tributary area of 1,687,617 square feet of surface parking area, including 1,539,099 square feet of non - Development area. An additional 1,283,180 square feet of retail building area, including 1,096,658 square feet of Non - Development area, is being treated as a result of utilization of existing storm line systems. 19% of non - development tributary area is treated by bio- retention systems with the remaining 81 % treated by media cartridge vault. The initial phase of this project will treat 26% of the total Center tributary area including State - required treatment for the Atrium Building Development area and the eastside surface parking areas (non- development area). Due to the Atrium Building occupancy requirements, construction of the system will commence during the first week of January 2009. Plans have been resubmitted to the City of Newport Beach with the new proposed system accordingly. Annual Report - 2008 19 North Newport Center �3 NOTICE OF PUBLIC HEARING NOTICE OF ANNUAL REVIEW OF PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT NO. 2006-001 (PA2006 -282) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing pursuant to Section 15.45.080 of the Municipal Code to review the status of the Development Agreement. The City and Pacific View Memorial Park entered into a Development Agreement in 1995, which was subsequently amended in 2007. The purpose of the Development Agreement is to ensure the orderly construction of the cemetery. The review will examine Pacific View's good faith compliance with the provisions of the Development Agreement and Use Permit. Pacific View Memorial Park is located at 3500 Pacific View Drive. NOTICE IS HEREBY GIVEN that the review of this Development Agreement and any potential actions related thereto is not defined as a "project' pursuant to the California Environmental Quality Act, and therefore actions are not subject to environmental review. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on February 24, 2009, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. Leilani I. Brown, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing pursuant to Section 15.45.080 of the Municipal Code to review the status of the Development Agreement. The City and Pacific View Memorial Park entered into a Development Agreement in 1995, which was subsequently amended in 2007. The purpose of the Development Agreement is to ensure the orderly construction of the cemetery. The review will examine Pacific View's good faith compliance with the provisions of the Development Agreement and Use Permit. Pacific View Memorial Park is located at 3500 Pacific View Drive. NOTICE IS HEREBY GIVEN that the review of this Development Agreement and any potential actions related thereto is not defined as a "project" pursuant to the California Environmental Quality Act, and therefore actions are not subject to environmental review. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on February 24, 2009, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. yk6v-� - , .�ruwnJ Leilani I. Brown, City Clerk NOTICE OF PUBLIC HEARING NOTICE OF ANNUAL REVIEW OF PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT NO. 2006-001 (PA2006 -282) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing pursuant to Section 15.45.080 of the Municipal Code to review the status of the Development Agreement. The City and Pacific View Memorial Park entered into a Development Agreement in 1995, which was subsequently amended in 2007. The purpose of the Development Agreement is to ensure the orderly construction of the cemetery. The review will examine Pacific View's good faith compliance with the provisions of the Development Agreement and Use Permit. Pacific View Memorial Park is located at 3500 Pack View Drive. NOTICE IS HEREBY GIVEN that the review of this Development Agreement and any potential actions related thereto is not defined as a "project" pursuant to the California Environmental Quality Act, and therefore actions are not subject to environmental review. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on February 24, 2009, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. Leilani I. Wown, City Clerk 423- 121 -05 Wrec Lido Venture Llc PO Box 6187 Providence, RI 02940 423 - 122 -02 Wrec Lido Vent e Llc PO BOx 618 Provi ce, RI 02940 423 - 122 -06 Wrec Lid enture Llc PO B 6187 Pr idence, RI 02940 423- 123 -07 Craig Atkins PO Box 6187 Providence, VA Roc-) - I i, r 423 - 121 -06 Wrec Lido Venture Llc PO Bo 7 Providence, RI 02940 423 - 122 -03 Wrec Lido V ure Llc PO Box 7 Provigrence, RI 02940 423 - 123 -05 Marjorie Trev PO Box 6 Prov' ence, RI 02940 049 - 130 -12 Kirk Family Trust 2519 Wild Wind Pl RI 02940 The Woodlands, TX 77380 049 - 130 -25 049- 130 -14 Golden Hills P ernes Llc Waterfront Newport Beach 233 S Beau Ave 1110 2895 Royston P1 Los Angel CA 90012 Beverly Hills, CA 90210 049- 130 -18 John Jakosky PO Box 3977 . Palm Desert, CA 92261 049- 130 -20 State Of California Div Of He 3337 Michelson Dr 380 Irvine, CA 92612 423- 121 -03 City Of Ne Beach 3300 Ne ort Blvd Newp rt, CA 92263 423 - 122 -07 Douglas Dreyer 519 Marigold Ave Corona Del Mar, CA 92625 !06 3 423 - 122 -01 Wrec Lido re Llc PO Bo 87 Providence, RI 02940 423 - 122 -05 Wrec Lido Veatnre Llc PO Box Prov ence, RI 02940 423 - 123 -06 Wrec Lido Ve ture Llc PO Box Pro ence, RI 02940 049 - 130 -22 Golden Hills Properties Llc 233 S Beaudry Ave 1110 Los Angeles, CA 90012 423 - 122 -04 Paul Prato 2235 Faraday Ave O Carlsbad, CA 92008 423 - 123 -08 Wrec Lido Venture Llc 18201 Von Karman Ave 150 Irvine, CA 92612 049- 110 -29 3300 Property L P 2025 Newport Blvd 200 Costa Mesa, CA 92627 049- 130 -07 423 - 122 -10 423 - 122 -08 Earls Partners Llc Dennis & Christine Overstreet Jonathan Birer 901 Dove St 270 200 Via San Remo 3410 Via Lido Newport Beach, CA 92660 Newport Beach, CA 92663 Newport Beach, CA 92663 423 - 123 -02 - 423 - 122 -09 423 - 123 -01 B & PO Of Elks Lodge 1767 A Square Llc - City Of ort Beach 3456 Via Oporto 845 Via Lido Nord - 330 ewport Blvd Newport Beach, CA 92663 Newport Beach, CA 92663 _ Newport Beach, CA 92663 049- 130 -21 Dsc Properties Inc 3131 W Coast Hwy Newport Beach, CA 92663 049- 130 -23 County Of Orange 400 W Civic Center Dr Santa Ana, CA 92701 -049- 130 -26 County O ange 400 ivic Center Dr S to Ana, CA 92701 423 - 121 -04 049 - 110 -01 * ** 32 Printed * ** State Of California Marianne Brooks 2501 Pullman St 2223 Paseo Noche Santa Ana, CA 92705 Camarillo, CA 93012 ha3M-09-008-1 uo!prutsu!,p ��A � ' 3a ewa6Jey3 OP suag X0915 ®,la3Atl i!aege6 al zas!!!iD voxAme mmm alllna; al minsuo� IO 'a $a V je!ed q se!pe; sauanb!q PHD 1997 1 THERESE GOULD JAMES &""" PATRICIA MOISE 7 MONTEREY CIR 12 MONTEREY CIR 17 CARMEL BAY DR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 MARTIN BORSANYI 1911 YACHT PURITAN NEWPORT BEACH, CA 92660 JEAN M DALES 3 POINT SUR DR CORONA DEL MAR, CA 92625 CHARLES C RINGWALT 3620 CATAMARAN DR CORONA DEL MAR, CA 92625 SANDOR & ZSUZSA SZABO 17 POINT SUR DR CORONA DEL MAR, CA 92625 KENTON & LAURIE BESHORE 5 CARMEL BAY DR CORONA DEL MAR, CA 92625 JOSEPH F CARNEY 4 LITTLE RIVER CIR CORONA DEL MAR, CA 92625 BURGNER TRUST 6 TWIN LAKES CIR CORONA DEL MAR, CA 92625 PROPERTEX INC 2 TWIN LAKES CIR CORONA DEL MAR, CA 92625 LEE M DICK 7 TWIN LAKES CIR CORONA DEL MAR, CA 92625 T®09Ls @AM3A /n MARYHELEN RICHEY THOMAS J & LUCY TRUSCOTT 34 POINT LOMA DR 22 BELMONT CORONA DEL MAR, CA 92625 NEWPORT BEACH, CA 92660 VACCHER THEODORE R & SANDRA L BINDER 5535 VISTA DEL MAR 1905 YACHT COLINIA NEWPORT BEACH, CA 92660 YORBA LINDA, CA 92887 RALPH MACKINTOSH ROSS SHELDON E/W TRUST 3626 CATAMARAN DR 3625 CATAMARAN NEWPORT BEACH, CA 92625 CORONA DEL MAR, CA 92625 AVILA SALVADOR C/M C TRUST JAMES SUEOKA 15 POINT SUR DR 5 POINT SUR DR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 THOMAS R NORTON EARL KENNEN FISHER 3 CARMEL BAY DR i CARMEL BAY DR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 JEAN SIKORA ROGNLIEN CYNTHIA LIVING TRUST 2 Little River Circle 1 LITTLE RIVER CIR Corona del Mar, CA 92625 CORONA DEL MAR, CA 92625 VILGERTSHOFER ERICH /L TRUST RODNEY MAISTER 8 TWIN LAKES CIR 4 TWIN LAKES CIR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 RUZBASAN TRUST RICHARD A MANDEL 1 TWIN LAKES CIR 5 TWIN LAKES CIR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 NYE BRUCE D /LYNN L TRUST SHARI L CIKO 17 MONTEREY CIR 15 MONTEREY CIR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 Taantee3 laad tse3 Jo; Jaded PaaiT wauc uoinnnsw ear w 0091S 31tl1dW31®f+aw asn siaoei maa Asei AN3AV-09.008 -L uolunitsul,p ww*Ajanemmm apme; el zeHnsuo:) PATRICIA CLAYTON 11 MONTEREY CIR CORONA DEL MAR, CA 92625 KAREN L ODELL 1 Monterey Corona del Mar, CA 92625 ROGER M SAGE PO BOX 8501 NEWPORT BEACH, CA 92658 HARRINGTON R N/B B TRUST 14 MONTEREY CIR CORONA DEL MAR, CA 92625 CAROLINE J MILLER 19 CARMEL BAY DRIVE CORONA DEL MAR, CA 92625 JOHN & PAMELA RUTLEDGE 9 CARMEL BAY DR CORONA DEL MAR, CA 92625 RONALD E ROBISON 23 TIBURON BAY DR CORONA DEL MAR, CA 92625 MARGARET M DERN 17 TIBURON BAY DRIVE CORONA DEL MAR, CA 92625 JOHN E BARBER 25 CARMEL BAY DR CORONA DEL MAR, CA 92625 MARY B LAYTON 31 CARMEL BAY DR CORONA DEL MAR, CA 92625 tuawabae43 ap suaS �09LS ®AN3AV yjegeB al zesnim jeled g selpe; sauenblq RICHARD A BROOKS HILL COMMUNITY SPYGLASS 9 MONTEREY CIR 39 ARGONAUT #100 CORONA DEL MAR, CA 92625 ALISO VIEJO, CA 92656 BILLY DEAN DENHAM 2 MONTEREY CIR CORONA DEL MAR, CA 92625 WILTON J SR HEBERT 8 MONTEREY CIR CORONA DEL MAR, CA 92625 BAHRI SEAN /ANGELA TRUST 5 MONTEREY CIR CORONA DEL MAR, CA 92625 TEMPLETON JOAN CTRUST 7921 MAST DR HUNTINGTON BEACH, CA 92648 PETER WOHRLE 7 CARMEL BAY DR CORONA DEL MAR, CA 92625 LEONARD HANNA 21 TIBURON BAY DR CORONA DEL MAR, CA 92625 KEITZ LYNN TRUST 21 CARMEL BAY DR CORONA DEL MAR, CA 92625 JSP TRUST 725 VIA LIDO SOLID NEWPORT BEACH, CA 92663 LYONS FAMILY TRUST 46 MISSION BAY DR CORONA DEL MAR, CA 92625 WHITEHILL FAMILY TRUST 4 MONTEREY CIR CORONA DEL MAR, CA 92625 MAURICE R PILLSBURY 10 MONTEREY CIR CORONA DEL MAR, CA 92625 CONSTANCE C QUARRE 3 MONTEREY CIR CORONA DEL MAR, CA 92625 FREDERICK & PATRICIA K TULIPER 11 CARMEL BAY DR CORONA DEL MAR, CA 92625 FORD JOHN E TRUST 15 TIBURON BAY DR CORONA DEL MAR, CA 92625 BLAND HOWARD TRUST 19 TIBURON BAY DR CORONA DEL MAR, CA 92625 LAURA JEAN BETOR 27 CARMEL BAY DRIVE CORONA DEL MAR, CA 92625 WILLIAM A BUCHAN 29 CARMEL BAY DR CORONA DEL MAR, CA 92625 CLINTON FRANCIS EASTMAN 44 MISSION BAY DR CORONA DEL MAR, CA 92625 T n T mntead laad Ase3 ao; jaded peeff 009LS 3MdW31 e4anV asn 1 ®09L50AU�d ® tae s uon3rulsw $as w PA siaaei iae.4 Asea AH3AV- 09-008-L uoi nalsw,p woo-AmArmmm all!nal el zollnsuoD KOOROSH MOZAYENY 42 MISSION BAY DR CORONA DEL MAR, CA 92625 LIN ALBERT /MEI 11996 TRUST 31 HALF MOON BAY DR CORONA DEL MAR, CA 92625 LAMONS STEPHANIE J 2003 TRUST 25 HALF MOON BAY DR CORONA DEL MAR, CA 92625 OLSEN TRUST 1911 YACHT ENCHANTRESS NEWPORT BEACH, CA 92660 MARK & TONI S MEYER 1905 YACHT ENCHANTRESS NEWPORT BEACH, CA 92660 FINN TRUST 1909 YACHT PURITAN NEWPORT BEACH, CA 92660 THOMAS G DEEMER 1903 YACHT PURITAN NEWPORT BEACH, CA 92660 RICHARD D BECHTEL 1907 YACHT COLINIA NEWPORT BEACH, CA 92660 PHILLIP DOUGLAS HAMILTON 1915 YACHT COLINIA NEWPORT BEACH, CA 92660 DELAPLANTE FAMILY TRUST 1909 YACHT RESOLUTE NEWPORT BEACH, CA 92660 luawa6je4:) ap suaS 09LS ®M3AW i!Jege6 al z9syll0 v Q2 / Aalad g se!!ael sallanblq KRIS SHAH SVERRIR OLAFSSON 40 MISSION BAY DR 1903 YACHT TRUANT CORONA DEL MAR, CA 92625 NEWPORT BEACH, CA 92660 AVILA VICTOR TRUST ROSHAN FREDERICK M TRUST 29 HALF MOON BAY DR 27 HALF MOON BAY DR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 23 HALF MOON BAY TRUST 23 HALF MOON BAY DR CORONA DEL MAR, CA 92625 NEAL FAMILY TRUST 1909 YACHT ENCHANTRESS NEWPORT BEACH, CA 92660 DONALD E MINKOFF 1903 YACHT ENCHANTRESS NEWPORT BEACH, CA 92660 JOANNE N ROGERS 1907 YACHT PURITAN NEWPORT BEACH, CA 92660 JEFFREY C MAYHEW 1901 YACHT PURITAN NEWPORT BEACH, CA 92660 JONES V HOWELL 1909 YACHT COLINIA NEWPORT BEACH, CA 92660 COLIN C WEST 1915 YACHT RESOLUTE NEWPORT BEACH, CA 92660 JOHN P LEHMAN 1907 YACHT RESOLUTE NEWPORT BEACH, CA 92660 MASOUD;ROSHAN 21 HALF MOON BAY DR CORONA DEL MAR, CA 92625 ERIC THOMAS 1907 YACHT ENCHANTRESS NEWPORT BEACH, CA 92660 ROBERT C LEE 1901 YACHT ENCHANTRESS NEWPORT BEACH, CA 92660 BAKER RICHARD W/C B TRUST 1905 YACHT PURITAN NEWPORT BEACH, CA 92660 CHARLES F LANGMADE 1903 YACHT COLIMA NEWPORT BEACH, CA 92660 THOMAS 1 MITCHELL 1911 YACHT COLINIA NEWPORT BEACH, CA 92660 MICHAEL & BARBARA BEYER 11034 FOREST PL SANTA FE SPRINGS, CA 90670 BERNARD J OTOUGHLIN 1905 YACHT RESOLUTE NEWPORT BEACH, CA 92660 T Tamlead load Ase3 J01 jaded poolT 009LS 31VldW3J. AianV as0 009L5® A\/� 1 loaVs uollmllsul eas 0 slaae®iaaa Asea 03AV-09-008 -1, worAjane,mmm CLIFFORD L WENDT 244 VIA TIERRA ENCINITAS, CA 92024 uol nj ;sul,p ;uawa6jegl ap su 09LS 0AN3AV 1Vege5 al zaslll ;0 elllne; el zalinsuoD v salad g sallae; sauanbq� FEIBLEMAN PETER M/L S TRUST JOHN W & BONNIE C PARKER 1901 YACHT RESOLUTE 11000 VIKING DR Newport Beach, CA 92660 EDEN PRAIRIE, MN 55344 ANITA VERMUND 1901 YACHT COLINIA NEWPORT BEACH, CA 92660 THOMAS CHARLES CESARIO 1901 YACHT TRUANT NEWPORT BEACH, CA 92660 RICHARD SHAPIRO 1607 BAY CLIFF CIR CORONA DEL MAR, CA 92625 FRANKLIN C WILSON 1627 CASTLE COVE CIR CORONA DEL MAR, CA 92625 JAMES N CONWAY 1639 HARBOR CREST CIR CORONA DEL MAR, CA 92625 J MARK HOLLAND 1635 REEF VIEW CIR CORONA DEL MAR, CA 92625 CHARLES E GRUBBS 1653 REEF VIEW CIR CORONA DEL MAR, CA 92625 TIMOTHY PARSON MARSHALL 1607 SEA BELL CIR CORONA DEL MAR, CA 92625 1 091S®AMMIm SEA VIEW BROADMOOR THOMAS CHAS EE GEEARIO PO BOX 4708 IRVINE, CA 92616 NAROOZTRUST LYNN FREEMAN 1621 BAY CLIFF CIR 1615 BAY CLIFF CIR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 CARLEYTRUST PHILIP L ERICKSON 1615 CASTLE COVE CIR 1621 CASTLE COVE CIR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 KARL E WOLF ESCALON FUNDING LLC 25412 SEA BLUFFS DR 3305 SPRING MOUNTAIN RD #60B DANA POINT, CA 92629 LAS VEGAS, NV 89102 NORKAITIS FAMILY TRUSTA CHARLES S ROBERTSON 154 EL MORRO VLG 1627 HARBOR CREST CIR LAGUNA BEACH, CA 92651 CORONA DEL MAR, CA 92625 HURRAY TRUST MAYO FAMILY TRUST 8 REGENTS 1647 REEF VIEW CIR CORONA DEL MAR, CA 92625 NEWPORT BEACH, CA 92660 ELLIS TRUST KENNETH W PETERSEN 3800 OCEAN BIRCH DR 1600 SEA BELL CIR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 ORLANDO JOAN R TRUST MORTUARIES EMMERSON 3801 OCEAN BIRCH DR 1929 ALLEN PKWY CORONA DEL MAR, CA 92625 HOUSTON, TX 77019 HARBOR DAY SCHOOL CO IRVINE 3443 PACIFIC VIEW DR 559 NEWPORT GENT-F9 DR CORONA DEL MAR, CA 92625 NEWPORT BEACH CA 92669 Tain;ead laad Ase3 Jo; jaded peadT 0091S 31V1dW31®Aaany as0 i testis uolvniasul sag i .,y stages rasa Ase3 A113AV- 0 "08 -L woyA eAwmmm CO IRVINE uolunj1sw,p all!na; el zaylhsuo� 550 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 Spyglass Hill Community Association lu8wa6je4:) ep sueS © @09LS 0AH3AV tljege6 al zesimn V salad g sall3e; sauenbl4 3 City of Irvine Broadmoor Sea View HOA Attn: Tim Gehrich, AICP Mngr c/o Walters Management Planning and Development Services Barbara Peters P. 0. Box 19575 17300 Redhill Ave 210 Irvine, CA 92623 -9575 Irvine, CA 92614 CIVIC Association Mngmnt Canyon Crest Community Assoc. Sue Cook Villageway Mgmt Inc. 2492 Walnut Avenue 200 P. 0. Box 4708 Tustin, CA 92780 Irvine, CA 92616 Harbor View Hills South HOA Walters Management Maryanne Wilkerson 17300 Red Hill Avenue 210 Irvine, CA 92614 SCI- PACIFIC VIEW MEMORIAL PARK 3500 PACIFIC VIEW DRIVE NEWPORT BEACH, CA 92663 Spyglass Ridge Comm. Assoc. Seabreeze Mgmt Co John Felder 39 Argonaut 100 Aliso Viejo, CA 92656 SCI - CALIFORNIA FUNERAL SERV. INC. 1929 ALLEN PKWY HOUSTON, TEXAS 77019 Jasmine Creek Community Assn. Dan Par, President 110 Jasmine Creek Dr. Corona del Mar, CA 92625 PA2006 -282 DEVELOPMENT REVIEW LABELS 01/2009 T Tejr4eai load Sse3 Jo; �� jaded paadT ®09LS 31V7dW31 tiaAV asn 1 ®09L5 ®/f��t/Q i ways uolNnr>.sul aos r siaae®iaaa Asea AFFIDAVIT OF POSTING On 2009, I posted the Notice of Public Hearing regarding: NOTICE OF ANNUAL REVIEW OF PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT NO. 2006-001 (PA2006 -282) Date of Hearing: February 24, 2009 Ms. Leflani I. Brown City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: Pacific View Memorial Park Dear Leilani and Members of the City Council, "RECEIVED AFTER A PRINTED' * V40 Thank you for giving us an opportunity to provide feedback on the Pacific Memorial Park construction projects. We are sixteen year Seaview home owners and full time residents of 1901 Yacht Resolute, a single family residential property adjacent to the northeast edge of Pacific View Memorial Park (PVMP). We have endured a long and noisy period of multi phased construction activities at PVMP for many years. The project closest to our home is finally complete. We do still have concerns about the current construction activities, the operations of PVMP and the environmental impact of the property on the water supply. Fortunately, we have had open communication with Landscape Architect Mike Green. Mr. Green has great expertise in his field and displays sensitivity to the aesthetics of design. (Love the fountain). Mr. Green has been professional and responsive. Below you will find our feedback, suggestions and issues to address: Improve Adherence to CNB Construction Hours Policy: We ask that all contractors and subcontractor are made aware of the City's policies about hours of constructions. PVMP needs to eliminate loud construction and activities that create disturbances on Sundays, holidays, evenings. Ouality of Life / Health Hazards: Construction Dust: Eliminate hazardous wandering dust clouds during construction by watering down the loose dirt. (Our cars and house were covered in dirt for weeks). Smoke: Restrict the burning of unknown materials in trash cans that the mourners do as part of their cultural ceremonies to areas at least 300 yards away from residential properties. This activity creates unwanted smoke in neighboring yards. Privacy: The "buffer zone" that was proposed and approved did not materialize. Rather, the PVMP was granted permission to build burial plots within 10 feet of our property line .... eeek. This resulted in a loss of privacy for the residents of the Seaview community. This may result in potentially awkward situations that may occur when the peace - seeking mourners collide with the screams and laughter from dodge ball or street hockey. (See Photo below) Improve Communication: Between PVMP and Neighbors: Provide neighbors with thorough documentation that outlines the construction activity timetable along with a copy of the floor plans and renderings of the structures, prior to breaking ground. Between PVMP and Plot Owners / Visitors: Since the plots were installed within 10 feet of our property line (against our wishes), PVMP should require that the purchasers of all burial plots within 75 feet of our property should be informed of this and expected to respect the privacy of the neighboring residential area. Buyers need to be aware that they are burying their loved ones in an area that is adjacent to private residential active cul de sac where children often play loudly. Environmental Concerns: Water Usage: Huge expanses of grass result in large water usage and the constant annoying usage of loud gas powered mowing equipment around the clock. With a focus on the City's new campaign to minimize water use, we recommend that PVMP follow the guidelines of CNB parks and use native plant selections and alternate ground covers that use less water and maintenance equipment on new areas and eventually convert the grass to the same standards. Chemical Runoff: Ensure that the report has adequately examined the impact of fertilizer and chemical runoff and any groundwater leaking into the adjacent Big Canyon Reservoir located down slope as well as other catch basins that lead to the bay and ocean. Pa>=e 1 Securi After a string of criminal activity, PVMP needs to provide adequate security for their property, whether it be through the use of surveillance cameras or a 24 hour guard. One instance occurred last year when the frantic victim of purse robbery approached my children in the cut de sac asking if they saw the robbers. It is always nice to know that there is a vibrant a8ermarket for PacificView Memorial Park plots on the internet. We found two plots on E -Bay for $30,000 and several listings online. It looks like PVMP might have the only affordable ocean view housing left in Newport Beach. Thanks for listening to our concerns and suggestions and for working hard to make Newport Beach such a fabulous place to live. Sincerely, Peter and Leslie Feibleman (Seaview residents) 1901 Yacht Resolute Newport Beach, CA 92660 artsmarfsa.cox.net (949) 644 -4929 home Pape 22 The Orange County Transportation Authority (OCTA) was formed in 1991 by the consolidation of seven separate transportation agencies.This consolidation creates a multi -modal authority, which eliminates duplicate transportation functions and increases efficiency in providing transportation services throughout the County. The following facts indicate the size and the breadth of OCTA's functions: • More than 2,000 employees, plus an additional 750 paratransit / fixed -route contract employees • A budget for fiscal year (FY) 2008 -2009 of more than $950 million • A countywide bus system with more than 900 vehicles • The nation's 12th busiest bus transit operation, providing more than 65.5 million rides annually • Countywide paratransit service for people with disabilities with 265 buses and more than 1.1 million boardings per year • Three Metrolink commuter -rail lines with more than 3.8 million boardings per year • Administration of Measure M, the package of transportation improvements promised to Orange County voters in 1990 when they approved a half -cent sales tax. Measure M was renewed by voters in 2006 and provides funding for freeway, regional /local streets and roads, and transit improvements until 2041. • Ownership and operation of the 91 Express Lanes toll road with 13.5 million vehicle trips in FY 2008 -09 • Oversight of Orange County's major investment studies and management of the planning for all future transportation infrastructure improvements BOARD OF DIRECTORS CHIEF.EXECUTIVE OFFICE Jerry Amante William J. Dalton Janet Nguyen Arthur T. Leahy Chief Executive Officer City Member City Member Supervisor Patricia Bates Richard Dixon Chris Norby Supervisor City Member Supervisor Art Brown Paul Glaab Curt Pringle City Member City Member City Member Peter Buffa Cathy Green Miguel Pulido Public Member City Member City Member Bill Campbell Allan Mansoor Cindy Supervisor City Member ember s Director Caltrans Director Carolyn Cavecche John Moorlach Gregory T. Winterbottom OCTA City Member Supervisor Public Member "RECEIVED AEFER Brown, Le[lani AGEI DA B PR``:iED. _ a - I From: Leslie Feibleman [artsmarts @cox.net] Sent: Tuesday, February 24, 2009 3:56 PM To: Brown, Leilani Subject: Pacific View Memorial Park Public Hearing Dear Leilani, We received the notice about the Pacific View Memorial Park Public Hearing. We are unable to make the meeting tonight, but we would like to send over a letter to you for distribution to the City Council. I can send it over by 4:30pm today. Is this okay? Thanks, Leslie Feibleman Seaview Resident Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) 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 below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: February 14, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 17, 2009 at Costa Mesa, California. SigRAture RECF_I\/ED ZT9 FEB 20 t. 8: 56 NOTICE W PUBLIC HUNG NOTICE OF ANNUAL RE- IEW OF PACIFIC VIEW MEMORIAL PARK DE- V E L O P M E N T AGREEMENT NO. 2006 - DO1(PA2D06-2821 NOTICE IS HEREBY GIV- EN that the City Council of the City of Newport Beach will hold a public hearing pursuant to Section 15.45.080 of the Municipal Code to re- view the status of the D e v e l o p m e n t Agreement. The City and Pacific View Memorial Park entered into a De- velopment Agreement in 1995, which was subse- quently amended in 2007. The purpose of the Development Agreement is to ensure the orderly construction of the cemetery. The review will examine Pa- cific View's good faith compliance with the provisions of the Devel. opment Agreement and Use Permit. Pacific View Memorial Park is to cated at 3500 Pacific View Drive. NOTICE IS HEREBY GIV- EN that the review of this Development Agreement and any po- tential actions related thereto is not defined as a 'project" pursuant to the California Environ- mental Quality Act, and therefore actions are not subject to environ- mental review. NOTICE IS HEREBY FUR- THER GIVEN that said public hearing will be held an IF bruory 24, 2009, at the hour of 7:00 p.m. in the Council Chambers of the New- port Beach City Hall. 3300 Newport Boule- vard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written cor- respondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. Leilani I. Brown. City Clerk Published Newport Beach/Costa Mesa Feb- ruary 14, 20119