1. This entrance road for the Sunset Ridge Park project is planned to be built on Banning Ranch

2. Draft EIR for proposed Banning Ranch development (released 9/9/11) Four-lane primary roadway (capacity 35,000-50,000 cars/day) with signalized intersection on Coast Highway

3. The proposed entrance road violates the Coastal Act. There is preferable and safer alternative that does not violate the Coastal Act.

4. The Coastal Act clearly defines grading as development (whether replanted or not replanted) Coastal Commission recommends buffers of 100 feet between development and Gnatcatcher ESHA, with a 50 foot minimum. Nowhere does the buffer between the development (grading) of the entrance road and the Gnatcatcher ESHA even reach the minimum 50 feet. It ranges from 7 – 47 feet, with an average of 25 feet.

5. Potential Vernal Pools/Wetlands in dump site (69,000 cubic yards) on Banning Ranch Dump site VP39 VP36 VP35 VP34

6. VP35 VP36 VP39 Potential Vernal Pools/Wetlands in dump site on Banning Ranch

7. In the remainder of Banning Ranch, fairy shrimp have been seen in 20 of the 26 vernal pools/wetlands subjected to wet-season surveys (most just surveyed once), including the listed San Diego fairy shrimp in 7 of the 26. Fairy shrimp have been documented in Banning Ranch vernal pools/wetlands as small as 4 feet in width and 4 inches in depth "Interim Survey Guidelines to Permittees for Recovery Permits under Section 10(a)(1)(A) of the Endangered Species Act for the Listed Vernal Pool Branchiopods" c. A complete survey consists of sampling for either: 1. two full wet season surveys done within a 5-year period; or 2. two consecutive seasons of one full wet season survey and one dry season survey (or one dry season survey and one full wet season survey). One dry-season survey performed on one of the four potential vernal pools/wetlands

8. “Following completion of the project, we expect the 4.10-acre fill area on the Banning Ranch property will quickly re-colonize with non-native grasses, intermixed with some native scrub from local seed sources. Although this area will likely continue to be mowed by the property owners, it will again provide supplemental foraging habitat for the gnatcatcher of equivalent quality to the habitat that was present prior to implementation of the project.” From Project Description

10. Dump site in middle of Bluff Road and other planned development

11. 2008 plan Bluff Road ends at 17 th St.

12. 2011 Plan Bluff Road extends to 19 th Street

13. Email dated 1/28/09, from City of Newport Beach project coordinator, Assistant City Engineer Mike Sinacori, complaining to Sunset Ridge Park EIR consultant Dana Privitt. This email describes the relationship between the Sunset Ridge Park entrance road and the entrance road for the planned Banning Ranch development. Dana, Banning Ranch needs to pick up all the cost on this. My humble opinion. We are going through a lot of pain to get their road in at their grades. Paying these incidental cost increases is above and beyond our tolerance level right now. Same reaction with all the other focus studies (except for the owl survey). Michael J. Sinacori

14. Access Agreement between City of Newport Beach and NBRLLC 1.Requires Sunset Ridge Park entrance road to follow alignment and grade of entrance road for planned Banning Ranch development. 2.Requires widening of Coast Highway and installation of signalized intersection on Coast Highway. 3.Allows NBRLLC use of the Sunset Ridge Park entrance road for merchant builders, and their respective contractors, and acknowledges the Sunset Ridge Park entrance road will be closed temporarily for operations and uses on NBR property. 4.Allows City of Newport Beach to deposit excavated dirt on NBR property

15. Area of graded development EHSA West ESH A East