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HomeMy WebLinkAbout16 - Newport Center Planned Community Amendments and Transfer of Development (PA2015-109)PO CITY OF z NEWPORT BEACH Cq G�p� P City Council Staff Report October 27, 2015 Agenda Item No. 16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: James Campbell, Principal Planner PHONE: 949-644-3210, jcampbell@newportbeachca.gov TITLE: Newport Center Planned Community Amendments and Transfer of Development (PA2015-109) ABSTRACT: Amendments to the North Newport Center Planned Community Development Plan (PCDP) and the Block 500, Corporate Plaza and Corporate Plaza West Planned Community District Regulations; and a Transfer of Development from the Corporate Plaza and Corporate Plaza West Planned Communities to the North Newport Center Planned Community. A map of the affected planned communities is included (Attachment A). RECOMMENDATION: a) Conduct a public hearing; b) Find the proposed amendments to the Block 500, Corporate Plaza and Corporate Plaza West Planned Community District Regulations and the transfer of development are exempt from, and are not subject to, the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; C) Find the proposed amendment of the North Newport Center Planned Community exempt from CEQA pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines; d) Adopt Resolution No. 2015-92, A Resolution of the City Council of the City of Newport Beach, California, Approving Transfer of Development No. TD2015-001 (PA2015-109); Newport Center Planned Community Amendments and Transfer of Development (PA2015-109) October 27, 2015 Page 2 e) Introduce Ordinance No. 2015-31, An Ordinance of the City Council of the City of Newport Beach, California, Approving Planned Community Development Plan Amendment No. PD2015-001 Amending the Corporate Plaza, Corporate Plaza West, and Block 500 Planned Community District Regulations (PA2015-109), and pass to second reading on November 10, 2015; and f) Introduce Ordinance No. 2015-32, An Ordinance of the City Council of the City of Newport Beach, California, Approving Planned Community Development Plan Amendment No. PD2015-001 Amending the North Newport Center Planned Community Development Plan (PA2015-109), and pass to second reading on November 10, 2015. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Irvine Company requests changes to the North Newport Center PCDP to update the regulations to reflect past City Council approved transfers of development. The amendment would also make minor changes to the permitted uses, parking regulations, sign regulations and generally "clean up" the regulations. The amendment would also establish a new 10 -foot height exception for architectural features and rooftop appurtenances atop buildings less than 200 feet in height. The Irvine Company also requests an amendment to remove two buildings from the Block 500 Planned Community adding them to adjacent subarea of the North Newport Center PCDP. Maps within each planned community regulations would be updated and the gross floor area of the two buildings would be deducted from the Block 500 PC and added to the North Newport Center PCDP. The Irvine Company requests a small transfer of development from Corporate Plaza (15,468 gross square feet) and Corporate Plaza West (5,693 gross square feet) to the 100 Block of the North Newport Center PCDP. The purpose of this transfer is to allow for the re -occupancy of one 21,161 gross square -foot office building rendered non - occupied as part of the construction of the office tower at 520 Newport Center Drive. The floor area to be transferred is presently unbuilt and unused. General Plan Policy LU 6.14.3 and the transfer procedures of the North Newport Center PCDP provide that development rights may be transferred through a change in location and/or a conversion of nonresidential use to another nonresidential use provided the transfer is consistent with the General Plan and a determination that the transfer is trip neutral. The affected properties are designated for office use by the General Plan, there would be no change of use, and a peak hour trip transfer analysis concluded the transfer is trip neutral. The analysis also concluded that the re -occupancy of the existing vacant 16-2 Newport Center Planned Community Amendments and Transfer of Development (PA2015-109) October 27, 2015 Page 3 21,161 gross square -foot office building would not significantly impact area intersections. As a result of the transfer, staff recommends reducing the maximum allowable building area within the Corporate Plaza and Corporate Plaza West planned communities through amending the planned community district regulations. A more detailed summary and analysis of each component are provided in the September 17, 2015, Planning Commission staff report (Attachment E). On September 17, 2015, the Planning Commission considered the proposed amendments and transfer, and after a noticed public hearing, the Commission voted 5 ayes, 0 noes, and 2 absent to adopt a resolution (Attachment F) recommending approval of the amendments and transfer. Given the change to the height limits within the North Newport Center PCDP and the area's proximity to John Wayne Airport, the amendment requires the review of the Airport Land Use Commission (ALUC). On October 15, 2015, the ALUC found the proposed amendment consistent with the Airport Environs Land Use Plan (Attachment G). Past -approved transfers of development within Newport Center have created a situation where the North Newport Center PCDP does not reflect approved uses or the intensity of uses. The proposed amendments and transfer will remedy this circumstance and will allow continued use of an existing 21,161 square -foot building in Block 100 while ensuring that intensity limits of the General Plan are not exceeded. The amendments and transfer also do not increase development within Newport Center. In summary, the updates and transfer will facilitate more efficient and accurate administration of land use going forward and will not lead to new construction. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the proposed amendments to the Block 500 Corporate Plaza, and Corporate Plaza West Planned Community District Regulations and the transfer of development exempt from and are not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. It can be seen with certainty that there is no possibility that the project could have a significant effect on the environment. No development would be authorized and all development within the affected planned communities is within the limits of the General Plan. The transfer of unbuilt development to Block 100 of the North Newport Center Planned Community will allow the continued use of an existing building and no new development would result. A traffic analysis was prepared under the supervision of the City Traffic Engineer and it concluded the transfer is trip neutral and no significant impact to traffic would result. 16-3 Newport Center Planned Community Amendments and Transfer of Development (PA2015-109) October 27, 2015 Page 4 Staff further recommends the City Council find the proposed amendment of the North Newport Center Planned Community exempt from CEQA pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines because it has no potential to have a significant effect on the environment. The Class 1 exemption allows the alteration of existing structures involving negligible or no expansion of use, and the Class 3 exemption allows construction of new, small facilities or structures and installation of small new equipment and facilities. The changes to planned community regulations do not authorize new uses or development and will not expand existing uses. The increase in height for architectural features and rooftop appurtenances are minor within the context of the existing and anticipated building heights as planned and regulated by the North Newport Center Planned Community District Plan. NOTICING: Notice of this public hearing for this agenda item was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and notice was posted on the subject property at least 10 days before the scheduled meeting as required by the Municipal Code. Additionally, 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). ATTACHMENTS: Attachment A: Map of affected planned communities Attachment B: Draft Resolution approving TD2015-001 Attachment C: Draft Ordinance for amendments to Corporate Plaza, Corporate West, and Block 500 Planned Community District Regulations Attachment D: Draft Ordinance approving amendment to the North Newport PCDP Attachment E: Planning Commission Staff Report Attachment F: Planning Commission Resolution No. 1993 Attachment G: Airport Land Use Commission letter Plaza Center 16-4 Attachment A Map of affected planned communities 16-5 FS iewport_center PC -40 00 Feet PC -56 PC -17 RF Legend PC -17 - Corporate Plaza ° PC -40 - Corporate Plaza West PC -46 - Block 500 PC -56 - North Newport Center SPN�P Civic SAN M�GUE 16-6 'p�gWPORT Newport Center Planned Community Amendments9<,oa�P Transfer Development (PA2015-109). City of Newport Beach and of GIS Division September 01, 2015 16-6 Attachment B Draft Resolution approving TD2015-001 16-7 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING TRANSFER OF DEVELOPMENT NO. TD2015-001 (PA 2015-109) WHEREAS, an application was filed by The Irvine Company, LLC ("Irvine Company"), with respect to property located within Newport Center requesting approval of a transfer of development from the Corporate Plaza and Corporate Plaza West Planned Communities to the North Newport Center Planned Community Block 100; WHEREAS, The Irvine Company proposes to transfer 15,468 square feet of office intensity from the Corporate Plaza Planned Community and 5,693 square feet of office intensity from Corporate Plaza West Planned Community to the North Newport Center Planned Community Block 100; WHEREAS, General Plan Policy LU 6.14.3 allows development rights to be transferred within Newport Center as long as the transfer is consistent with the intent of the General Plan and will not result in any adverse traffic impacts. The Newport Center Planned Community Development Plan includes procedures that implement General Plan Policy LU 6.14.3 that requires transfers to be trip neutral; WHEREAS, the General Plan designates the recipient site Block 100 and Corporate Plaza, one of two donor sites, as CO -R (Regional Commercial Office) that are intended to provide for administrative and professional offices that serve local and regional markets with limited accessory retail, financial, service, and entertainment uses. Corporate Plaza West, the second donor site, is designated CO -G (General Commercial Office), which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses; hotels, motels, and convalescent hospitals are not permitted. The transfer of office development intensity with no change of land use is consistent with the land use designations of the General Plan; WHEREAS, a trip transfer analysis titled North Newport Center Trip Transfer No. 8 (Stantec Consulting Services Inc., August 5, 2015) was prepared for the transfer of development application in compliance with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan. The proposed transfer is a transfer of office uses on a square foot per spare foot basis and does not include a conversion of land uses. The trip transfer analysis found the transfer is trip neutral and would not generate a significant impact to area intersections; WHEREAS, the Planning Commission considered The Irvine Company's application on September 17, 2015, at a duly noticed public hearing. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at the hearing. At the conclusion of the hearing, the Planning Commission voted, 5 ayes, 0 noes, 2 absent, to recommend City Council approval of Transfer of Development No. TD2015-001; and WHEREAS, a public hearing was held on October 27, 2015, in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. Notice of this hearing .: City Council Resolution No. Paae 2 of 4 was provided in accordance with the Municipal Code for the consideration of Zoning Code Amendments and 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. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council of the City of Newport Beach hereby approves Transfer of Development No. TD2015-001 consisting of: (i) the transfer 15,468 square feet of office intensity from Corporate Plaza to the North Newport Center Planned Community Block 100, and (ii) the transfer 5,693 square feet of office intensity from Corporate Plaza West to the North Newport Center Planned Community Block 100, subject to the conditions of approval contained in Exhibit A, which is incorporated herein by reference. Section 3: The City Council finds this transfer of development exempt from and not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. It can be seen with certainty that there is no possibility that the project could have a significant effect on the environment. No development would be authorized and all development within the affected planned communities is within the limits of the General Plan. The transfer of unbuilt development to Block 100 of the North Newport Center Planned Community will allow the continued use of an existing building and no new development would result. The traffic analysis prepared under the supervision of the City Traffic Engineer concludes the transfer is trip neutral and no significant impact to traffic would result. Section 4: The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 16-9 City Council Resolution No. Paae 3 of 4 Section 6: This resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of , 2015. Edward D. Selich, Mayor ATTEST: Leilani I Brown, City Clerk 16-10 City Council Resolution No. Paae 4 of 4 Exhibit A Condition of Approval 1. To the fullest extent permitted by law, The Irvine Company shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the North Newport Center Amendments and Transfer of Development (PA2015-109). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 16-11 Attachment C Draft Ordinance for amendments to Corporate Plaza, Corporate Plaza West, and Block 500 Planned Community District Regulations 16-12 ORDINANCE NO. 2015-## AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2015- 001 AMENDING THE COPORATE PLAZA, CORPORATE PLAZA WEST, AND BLOCK 500 PLANNED COMMUNITY DISTRICT REGULATIONS (PA2015-109) WHEREAS, The Irvine Company filed applications requesting approval of amendments to the North Newport Center Planned Community Development Plan (PCDP), Block 500 Planned Community District Regulations, and a Transfer of Development from the Corporate Plaza and Corporate Plaza West Planned Communities to the North Newport Center Planned Community Block 100; WHEREAS, the requested amendment to the North Newport Center PCDP does the following: (i) update development limits to reflect past transfers of development and adds two existing buildings (2071 and 2101 San Joaquin Hills Road) to subarea Block 500; (ii) modify height limits, allowed uses, parking requirements, and sign regulations; WHEREAS, the proposed amendment to the Block 500 Planned Community District Regulations removes 2071 and 2101 San Joaquin Hills Road from the planned community; WHEREAS, the transfer of development application shifts unbuilt development from the Corporate Plaza (15,468 square feet) and Corporate Plaza West (5,693 square feet) Planned Communities to the North Newport Center Planned Community Block 100, which allows for the continued use of a 21,161 square foot building within the North Newport Center Planned Community Block 100 and full occupancy of 520 Newport Center Drive ensuring that development limits of the General Plan are not exceeded; WHEREAS, amendments to the Corporate Plaza and Corporate Plaza West Planned Community District Regulations have been included with The Irvine Company applications to reduce the maximum development intensity allowed within the two planned communities to reflect the applicant's requested transfer of development; WHEREAS, on September 17, 2015, after a noticed public hearing, the Planning Commission received public comments and on an affirmative motion (5 ayes, 0 noes, 2 absent), forwarded a recommendation to the City Council to adopt Transfer of Development No. TD2015-001 and Planned Community Development Plan Amendment No. PD2015-001; WHEREAS, the requested amendment of the Block 500 Planned Community District Regulations is appropriate and is necessary to maintain consistency with the proposed changes to the North Newport Center PCDP; 16-13 Ordinance No. Page 2 WHEREAS, the amendments to the Corporate Plaza and Corporate Plaza West Planned Community District Regulations to reduce the maximum development intensity are appropriate and will maintain consistency with the General Plan and Transfer of Development No. TD 2015-001; and WHEREAS, on October 27, 2015, after a noticed public hearing, the City Council considered The Irvine Company's application request for a transfer of development (TD2015-001) and Planned Community Development Plan Amendment No. PD2015-001, and all verbal and written evidence submitted at the hearing. NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section I, Subsection 3 of the Corporate Plaza Planned Community District Regulations is amended to reduce the maximum allowed gross building floor area by 8,440 square feet from 477,430 square feet to a not to exceed amount of 468,880 square feet. Section 2: The Corporate Plaza Planned District Regulations are amended to change the name of "Farallon Drive" to "Civic Center Drive" and replace the land use plan map with the map attached as Exhibit A, which is incorporated herein by reference. Section 3: Section I, Subsection 3 of the Corporate Plaza West Planned Community District Regulations is amended to reduce the maximum allowed gross building floor area by 3,017 square feet from 159,688 square feet to a not to exceed amount of 156,671 square feet. Section 4: The Corporate Plaza West Planned District Regulations are amended to replace the land use plan map with an updated map attached as Exhibit B, which is incorporated by reference. Section 5: The Block 500 Planned Community District Regulations are amended to remove 2071 and 2101 San Joaquin Hills Road by replacing the land use plan map with the map attached as Exhibit C, which is incorporated by reference, and reducing the maximum allowed gross building floor area by 24,000 square feet from 97,400 square feet to 74,400 square feet. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The City Council finds the proposed amendments to the Corporate Plaza, Corporate Plaza West, and Block 500 Planned Community District Regulations 16-14 Ordinance No. Page 3 exempt from and not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it can be seen with certainty that there is no possibility that the project could have a significant effect on the environment. No development would be authorized and all development within the affected planned communities is within the limits of the General Plan. The transfer of unbuilt development to Block 100 of the North Newport Center Planned Community will allow the continued use of an existing building and no new development would result. A traffic analysis was prepared under the supervision of the City Traffic Engineer and it concludes the transfer is trip neutral and no significant impact to traffic would result. The City Council further finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that the applicant, The Irvine Company, should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2015, and adopted on the day of , 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR Edward D. Selich ATTEST: Leilani I. Brown, City Clerk 16-15 Ordinance No. APPROVED AS TO FORM: CITY ATTOR 'S OFFICE Aaron C. Harp, City Attorney Page 4 16-16 Exhibit A Updated Corporate Plaza Planned Community District Regulations Land Use Map 16-17 18 19 20 `ENTER DR 0 300 600 Feet wPoCorporate Plaza Planned Community e U Q r9 4pOR Professional / Office / Commercial / Medical N Document Name: PC_17 Corporate_Plaza Date: 10/13/2015 16-18 Exhibit B Updated Corporate Plaza West Planned Community District Regulations Land Use Map 16-19 SFq�Ri OR NFA DR E CIV /C C� FST FR �R 0 250 500 Feet O��yEWPO Corporate Plaza West Planned Community e U Q r9 tlpOR Professional / Office / Commercial NE �. T Document Name: PC_40_Corporate_Plaza_West Date: 10/13/2015 16-20 Exhibit C Updated Block 500 Planned Community District Regulations Land Use Map 16-21 2 Sari joa�c7u Hills Rd Block 500 Planned Community a� CL 0 Fly, Figure 1. Land Use Designations 16-22 Attachment D Draft Ordinance approving amendment to the North Newport Center PCDP 16-23 ORDINANCE NO. 2015-## AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2015- 001 AMENDING THE NORTH NEWPORT CENTER PLANNED COMMUNITY DEVELOPMENT PLAN (PA2015-109) WHEREAS, The Irvine Company filed applications requesting approval of amendments to the North Newport Center Planned Community Development Plan (PCDP), Block 500 Planned Community District Regulations, and a Transfer of Development from the Corporate Plaza and Corporate Plaza West Planned Communities to the North Newport Center Planned Community Block 100; WHEREAS, the requested amendment to the North Newport Center PCDP does the following: (i) update development limits to reflect past approved and the proposed transfer of development and adds two existing buildings (2071 and 2101 San Joaquin Hills Road) to subarea Block 500; and (ii) modifies height limits, allowed uses, parking requirements, and sign regulations; WHEREAS, on September 17, 2015, after a noticed public hearing, the Planning Commission received public comments and on an affirmative motion (5 ayes, 0 noes, 2 absent), forwarded a recommendation to the City Council to adopt Transfer of Development No. TD2015-001 and Planned Community Development Plan Amendment No. PD2015-001; WHEREAS, on October 15, 2015, the Airport Land Use Commission (ALUC) reviewed the proposed changes to the North Newport Center PCDP including the change to the height limit for buildings under 200 feet given that the change in regulations is subject to their review pursuant to Public Utilities Code Section 21676(b); and found the proposed amendment consistent with the Airport Environs Land Use Plan for John Wayne Airport; WHEREAS, the updated regulations reflecting past approved and proposed transfers of development will allowing for more efficient and accurate administration of regulations. Adding 2071 and 2101 San Joaquin Hills Road to the PCDP is appropriate and will regulate these sites consistent with the adjacent office buildings currently within the PCDP. The changes to permitted uses, height regulations, parking regulations, and sign regulations are appropriate and acceptable and will appropriately implement the General Plan and avoid land use conflicts; and WHEREAS, on October 27, 2015, after a noticed public hearing, the City Council considered The Irvine Company's application request for a transfer of development (TD2015-001) and Planned Community Development Plan Amendment No. PD2015-001 and all verbal and written evidence submitted at the hearing. 16-24 Ordinance No. Page 2 NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The North Newport Center Planned Community Development Plan is hereby amended as shown in Exhibit A, which is incorporated herein by reference. Section 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 3: The City Council finds the amendment of the North Newport Center Planned Community exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines because it has no potential to have a significant effect on the environment. The Class 1 exemption allows the alteration of existing structures involving negligible or no expansion of use and the Class 3 exemption allows construction of new, small facilities or structures and installation of small new equipment and facilities. The changes to planned community regulations do not authorize new uses or development and will not expand uses. The increase in height for architectural features and rooftop appurtenances are minor within the context of the existing and anticipated building heights as planned and regulated by the North Newport Center Planned Community District Plan. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that the applicant, The Irvine Company, should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Section 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. 16-25 Ordinance No. Page 3 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2015, and adopted on the day of , 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Ii mel 7 Edward D. Selich ATTEST: Leilani I. Brown, City Clerk APPROVED AS TO FORM: CITY ATT Y'S OFFICE Aaron C. Harp, City Attorney 16-26 Exhibit A Updated North Newport Center PCDP 16-27 North Newport Center Planned Community Development Plan Land Uses, Development Standards Et Procedures Adopted December 18, 2007, Ordinance No. 2007-20 (PA 2007-151) Amended November 24, 2009, Ordinance No. 2009-28 (PA 2009-111) Amended May 24, 2011, Ordinance No. 2011-16 (PA 2011-017) Amended July 24, 2012, Ordinance No. 2012-19 (PA 2012-020) Amended , 2015, Ordinance No. 2015- (PA 2015- ) 16-28 [this page intentionally blank] 16-29 Contents I. Introduction and Purpose of Development Plan................................................................................. 1 A. Sub -Area Purpose............................................................................................................................. l B. Relationship to Municipal Code.....................................................................................................10 C. Relationship to North Newport Center Design Regulations...........................................................10 II. Land Use and Development Regulations..........................................................................................11 A. Permitted Uses................................................................................................................................ l l B. Development Limits.......................................................................................................................12 C. Transfer of Development Rights....................................................................................................14 III. Site Development Standards.............................................................................................................15 A. Permitted Height of Structures.......................................................................................................15 B. Setback Requirements....................................................................................................................16 C. Parking Requirements....................................................................................................................18 D. Landscaping...................................................................................................................................19 E. Lighting..........................................................................................................................................19 F. Signs...............................................................................................................................................19 G. Residential Compatibility............................................................................................................... 24 H. Residential Open Space Requirements........................................................................................... 24 IV. Planned Community Development Plan Administration.................................................................. 25 A. Process for New Structures............................................................................................................ 25 B. Process for New Signs.................................................................................................................... 26 C. Transfer of Development Rights.................................................................................................... 26 V. Definitions.........................................................................................................................................29 Appendix A — Design Regulations 16-30 [this page intentionally blank] 16-31 I. Introduction and Purpose of Development Plan The North Newport Center Planned Community district is comprised of seven sub -areas that include Fashion Island, Block 600 and Block 800 and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza. The sub -areas that comprise North Newport Center shall be governed by the North Newport Center Planned Community ("PC") Development Plan set forth herein, which includes land uses, development standards, and administration. The City of Newport Beach Municipal Code allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The North Newport Center PC Development Plan serves as the controlling zoning ordinance for the sub -areas identified in the Planned Community Development Plan and is authorized and intended to implement the provisions of the Newport Beach General Plan. A. Sub -Area Purpose Newport Center is a regional center comprised of major retail, professional office, entertainment, recreation, and residential development within the City of Newport Beach. The North Newport Center site comprises approximately 4-6-9170.3 acres along San Joaquin Hills Road and Newport Center Drive. The seven sub -areas that make up the site including Fashion Island (75 acres), Block 100 (10 acres), Block 400 (4 acres), Block 500 (4516.3 acres and a 0.4 -acre open space area at the corner of MacArthur Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (17 acres), and San Joaquin Plaza (23 acres) are shown on Figure 1 and are described below. The General Plan identifies the goal of creating a successful Mixed -Use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub -region, with expanded opportunities for residential development. Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. Figure 2, Fashion Island Sub -Area, shows the boundary of Fashion Island. The Commercial Office blocks include Block 100 (Figure 3), Block 400 (Figure 4) and a portion of Block 800 also referred to as Pacific Financial Plaza. Block 100 is generally comprised of administrative and professional offices that serve local and regional markets. Other uses permitted in the block include limited accessory retail, financial, service and entertainment uses. Block 400 is generally comprised of commercial office, with medical related offices and retail use. The Pacific Financial Plaza portion of Block 800 is generally comprised of commercial office and restaurant uses. The Mixed -Use blocks include Block 500 (Figure 5), Block 600 (Figure 6), and San Joaquin Plaza (Figure 7). The Mixed -Use blocks are generally composed of administrative, professional, and financial office uses. Block 600 contains hotel and related ancillary uses. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed -Use concept as established in the General Plan. Permitted uses for the Mixed -Use blocks include offices, light general commercial, hotel, residential and other mixed uses in accordance with the General Plan MU -H3 land use designation. The residential portion of Block 800 (Figure 8) allows for multi -family residential or senior citizen housing uses. While not categorized as a mixed-use area, Block 800 contains two distinct uses which are not interchangeable. The northern portion of Block 800 is designated for residential use and the southern portion is commercial office. The boundaries of the Mixed -Use blocks included in this Development Plan are shown in Figure 5, Block 500 Sub -Area, Figure 6, Block 600 Sub -Area, and Figure 7, San Joaquin Plaza Sub -Area, respectively. 16-32 Figure 1- North Newport Center Planned Community 16-33 HN Figure 2 — Fashion Island Sub -Area 16-34 CeI7ter Drive 0 J Fara�� ❑ Planned Community ❑ Not included in Planned Community HN Figure 3 — Block 100 Sub Area 16-35 M Planned Community ❑ Not included in Planned Community D Figure 4 — Block 400 Sub Area 16-36 4 San Joaquin Hills Rd 0 Planned Community 0 Not included in Planned Community HN Figure 5 — Block 500 Sub -Area 16-37 W Sem Joa Ra M port Center a ti O e C; F71 Planned Community LINot included in Planned Community HN Figure 6 — Block 600 Sub -Area 16-38 I San Joaquin Hills Rd © CO Q Z Santa_ ❑ Planned Community Not included in Planned Community Figure 7 — San Joaquin Plaza Sub -Area 16-39 M San Clemente Drive ❑ Planned Community ❑ Not included in Planned Community R = Residential CO = Commercial Office Figure 8 - Block 800 Sub -Area 16-40 B. Relationship to Municipal Code Whenever the development regulations of this plan conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall regulate this development whenever regulations are not provided within these district regulations. All words and phrases used in this North Newport Center PC Development Plan shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in Section V — Definitions. The Municipal Code referred to herein for Blocks 500, 600, San Joaquin Plaza, and Fashion Island is the version of the Code in effect on December 18, 2007 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). The Municipal Code referred to herein for Blocks 100, 400 and 800 is the version of the Code in effect on June 5, 2012 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). C. Relationship to North Newport Center Design Regulations Development in North Newport Center shall be regulated by both the Development Plan and the Design Regulations, which is provided as Appendix A. 16-41 II. Land Use and Development Regulations A. Permitted Uses 1. General Permitted uses are those uses set forth in this Section for each sub -area as shown on Table 1. The uses identified within the table are not comprehensive but rather major use categories. Specific uses are permitted consistent with the definitions provided in Section V of this Development Plan. Uses determined to be accessory or ancillary to permitted uses, or residential support uses to permitted uses are also permitted. The community Development Director may determine other uses not specifically listed herein, provided they are consistent with the Commercial Office, Regional Commercial, Mixed -Use, and Residential General Plan districts, the purpose of this Planned Community Development Plan, and the purpose of the sub -area in which the property is located. Table 1 - North Newport Center Land Use Regulation Table Uses Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 Commercial Residentia Office I San Joaquin Plaza Banks/Savings and Loans P P P P P P P - With drive through services MUP MUP MUP MUP MUP MUP MUP Business, Government and Professional P P P P P P Emergency Healthcare Pi P P P P P Management and Leasing Offices P P P P P P P Office, Medical and Dental P P P P P P Public Safety Facilities P MUP MUP P P MUP P Commercial Recreation and Entertainment P UP UP MUP MUP UP MUP Cultural and Institutional UP UP UP P P UP P Day Care P P} P1 P P P1 P Day Spas MUP MUP2 MUP2 MUP MUP MUP2 MUP Eating and Drinking Establishments P* MUP MUP P** P** MUP P** - Bars/Cocktail Lounges MUP UP UP UP UP UP UP Personal Improvement MUP MUP MUP P P MUP P - Health/Fitness Clubs MUP MUP A4P P P MUP P+ P Personal Services P Pi Pi P P Pi P P Residential P P P P Retail Sales P Pi Pi P P Pi P+ P Animal Sales and Services MUP MUP MUP MUP Medical Retail P P" P" P P P" P Visitor Accommodations UP UP UP UP UP UP UP P = Permitted UP = Use Permit MUP = Minor use Permit Issued by the Running Community Development Director 1 = Permitted as Accessory/Ancillary Use 2 = In accordance with Chapter 20.87 of the Municipal Code * = A Minor Use Permit Issued by the Planning Community Development Director is required for the sale of alcohol ** = A Use Permit is required for the Sale of Alcohol + = Intended for Residential Support Use ++ = Accessory and ancillary medical retail, including those in freestanding structures, shall remain subordinate to principal uses -- = Not Permitted 16-42 2. Open Space Corners The passive landscape areas on the following corners shall be limited to landscaping, and permitted signage. San Joaquin Hills Road and Avocado, Avocado and San Nicolas Drive (northwest and southwest corners), Avocado and San Miguel (northwest), San Joaquin Hills Road and Santa Rosa Drive (southwest and southeast), San Joaquin Hills Road and Santa Cruz Drive (southwest and southeast corners), San Joaquin Hills Road and Jamboree Road and San Joaquin Hills Road and MacArthur Boulevard. 3. Special Events The general regional Mixed -Use nature of North Newport Center results in a variety of special events and temporary uses throughout the year. Special community events, such as parades, trade shows, car shows, pageants, community concerts, outdoor displays, recreation/entertainment events and temporary structures are permitted within the North Newport Center Planned Community consistent with the following provisions: a. If the event takes place on private property within Fashion Island the event is not regulated so long as it does not displace required parking. Such events must comply with the City's Municipal Code related to noise control and other pertinent standards. b. If the event takes place anywhere else within North Newport Center or the public right- of-way, such events are permitted as long as they comply with the Municipal Code. B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan and are identified in Table 2 below. Development limits may be modified through the approval of a Transfer of Development Rights. Carts, kiosks, temporary and support uses are permitted and are not counted towards square footage development limits. 16-43 Table 2 - Development Limits (A) M. OgUafe IUULage IIIUICa LeU III I alAE L May FICA Felle(A WffeIII UCVCIUPIIICIIL IIIIIILS Up wdl,!W7 UI LIIV LIW ISIpI UI WVtMPIIICIIL IILYIILS PIUVISIUII WWAIUM in Sections ILC and IV.0 herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights. C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. In 2015 TDR 2014-2 re-established 99,953 square feet of commercial offic intensity.Trans*s have roc11142d in AQ FAMAiRifl .n+onci+„ .n QInnL 1!1!1 D. 1. Fashion Island The total gross floor area for Fashion Island is 1,6'z 19,5251,523,416 square feet plus 1-,700-680movie theater seats. The movie theater building area is equivalent to and may be converted to 27,50 )11,000 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed -Use Sub -Areas The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 residential units and 295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for the commercial office blocks is specified in Table 2 above. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts 16-44 Fashion San Joaquin Land Use Island Block 100 Block 400 Block 500 Block 600 Block 800 Plaza Total Regional 1;611 1523 0 0 0 0 0 0 1,619,525 Commercial 416 sq. ft. 1,523,416 sq. ft. Movie 1,,700 680 seats 0 0 0 0 0 0 1,700680 seats Theater {27,58011,000 (270811,000 sq. ft.) sq. ft.} Hotel (B) 0 0 0 295 0 0 295 Residential 0 0 0 0 0 245 524 769 Office/ 0 -- Commercial 121,114 sq. 91,727 sq. ft. 599,659 1,340;609 286,166 95,550 sq. ft. 2,413,711 ft. 623,525 sq. 1,353,399 sq. {D} 2,571,481 sq. ft. (C) ft. (D) ft. {s} M. OgUafe IUULage IIIUICa LeU III I alAE L May FICA Felle(A WffeIII UCVCIUPIIICIIL IIIIIILS Up wdl,!W7 UI LIIV LIW ISIpI UI WVtMPIIICIIL IILYIILS PIUVISIUII WWAIUM in Sections ILC and IV.0 herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights. C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. In 2015 TDR 2014-2 re-established 99,953 square feet of commercial offic intensity.Trans*s have roc11142d in AQ FAMAiRifl .n+onci+„ .n QInnL 1!1!1 D. 1. Fashion Island The total gross floor area for Fashion Island is 1,6'z 19,5251,523,416 square feet plus 1-,700-680movie theater seats. The movie theater building area is equivalent to and may be converted to 27,50 )11,000 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed -Use Sub -Areas The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 residential units and 295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for the commercial office blocks is specified in Table 2 above. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts 16-44 at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Support uses are not included in the square footage development limits and shall not require parking. 4. Block 800 Residential The maximum number of dwelling units for multi -family residential use shall not exceed 245. C. Transfer of Development Rights The transfer of development rights among sub -areas of this Planned Community and to/from other areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in accordance with the General Plan. Development rights may be transferred through a change in location of use(s) and/or a conversion of non-residential use to any other non-residential use allowed by the General Plan and this Planned Community Development Plan or applicable zoning at the receiving site(s). Residential use may be relocated, but may not be converted to or from another use. The transfer of development rights shall be approved, as specified in Section IV.0 below, if the transfer will not result in any adverse traffic impacts and will not result in greater intensity than development allowed without the transfer. 16-45 III. Site Development Standards The following site development standards shall apply to the North Newport Center Planned Community. A. Permitted Height of Structures 1. Standards for Allowable Heights Allowable heights are determined by sub -area. All building heights are measured at finished grade. Rooftop appurtenances and architectural features are permitted and may exceed the maximum building height by to 10 feet. Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. Architectural features must be an extension of the architectural stvle of the buildinc in terms of materials, design and color. Fashion Island: The maximum heights of structures within Fashion Island are depicted in Table 3, Fashion Island Height Limits. Table 3 — Fashion Island Height Limits Building Type Height Major Buildings 125' Mall Buildings 75' Parking Structures 55' Periphery Buildings 40' Block 100: The maximum height of all structures shall be 50 feet as measured from finished grade. Blocks 400, 500, and 600: The maximum height of all structures shall be 295 feet as measured from finished grade. Block 800: The maximum height of all structures within the residential portion shall be 200 feet as measured from finished grade. The maximum height of all structures within the commercial office portion shall be 125 feet as measured from finished grade. San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65 feet as measured from finished grade. 2. Standards for Buildings Over 200 Feet in Height a. Aviation Compatibility Prior to issuance of building permits, the project applicant must demonstrate that the following conditions have been satisfied. New development shall be required to comply with the following conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport: 1. For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (FAA Form 7460-1). Following the 16-46 FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the North Newport Center Planned Community area shall penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. b. Shade Standards Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time, or for more than four hours between the hours of 9:00 a.m. and 5:00 p.m. Pacific Daylight Time. The shade study shall be prepared to the satisfaction of theCommunity Development Director and the community Development Director shall determine conformance with the standards identified herein as part of the plan review process. C. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop appurtenances shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of the screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. The Community Development Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV(A)(3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). The community Development Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV (A)(3). B. Setback Requirements Setbacks for the seven sub -areas are listed below. Setbacks for surface parking must be screened using hedges, landscaping or other similar methods. Setbacks are the minimum distance from the property line to building, parking structure, or parking lot, unless otherwise specified. This is not intended to apply to interior lot lines or property lines. 16-47 Fashion Island Newport Center Drive: 10 feet; may be reduced to 0 feet by the community Development Director through the plan review process. Block 100 Newport Center Drive: 15 feet Anacapa Drive: 15 feet Farallon Drive: 15 feet Block 400 Newport Center Drive: 15 feet San Nicolas Drive: 15 feet Block 500 Newport Center Drive: 15 feet Santa Rosa: 15 feet San Joaquin Hills: 15 feet San Nicolas: 15 feet Block 600 Newport Center Drive: 15 feet Santa Cruz: 15 feet San Simeon: 15 feet — setbacks for parking structure access points may be reduced by the aifig-Community Development Director through the plan review process San Joaquin Hills: 15 feet — setbacks for parking structure access points may be reduced by the Community Developments Director through the plan review process Santa Rosa: 15 feet Center Drive (e/w): 0 feet Center Drive (n/s): 0 feet Block 800 Newport Center Drive: 15 feet Commercial office buildings shall be set back 15 feet from Block 800 residential Commercial office parking lots and parking structures shall be set back 5 feet from Block 800 residential Santa Barbara Drive: 15 feet San Clemente Drive: 15 feet Santa Maria Road: 0 feet San Joaquin Plaza San Joaquin Hills: 15 feet Santa Cruz: 15 feet San Clemente: 15 feet Santa Barbara: 15 feet C. Parking Requirements 1. General Standards Parking requirements are based on gross floor area (as defined in the Development Limits for Fashion Island) for regional commercial uses, net floor area for office/commercial uses, and unit counts for hotel rooms and residential units. Kiosks for retail sales, covered or uncovered, shall not be included in the calculation of required parking. Accessory, ancillary, and support uses for hotel and residential developments shall not be included in the calculation of required parking. Kiosks and sundry shops serving tenants, including accessory, ancillary and support uses less than 5 percent of the gross floor area, are not counted as square footage and do not require parking. Parking management or engineering offices located in parking structures are counted as square footage and require parking. Parking requirements for North Newport Center are shown below on Table 4, North Newport Center Parking Requirements. Table 4 - North Newport Center Parking Requirements Land Use Parking Requirement Regional Commercial 3 spaces per 1,000 square feet' Movie Theater 3 spaces per 1,000 square feet Office 1 space per 375 square feet Medical Office Municipal Code Hotel Municipal Code Residential 2 spaces per unit includes 1 covered; plus 0.5 spaces per unit up to 50 units, then 0.25 spaces per unit thereafter for guest parking Other Municipal Code FE)f effiee uses in San jeaquin Plaza, a pafk4ng management plan shall be fequifed to t1filize the management plan is not pfepafed fef effiee uses in San jeaquin Plaza, pafk4ng shall be-pfevided pRf pied per the C—eA_ . Shared parking among and between sites, lots, blocks, and sub- areas is allowed. Parking for Block 800 Residential shall be provided at 2 parking spaces per unit including 1 covered; plus 0.5 spaces per unit for guest parking. 2. Valet Parking Valet parking and satellite parking with shuttle service that involves use of the public right-of-way shall require approval by the City Traffic Engineer. 3. Parking Management Plan Parking management plans may be prepared if the applicant wishes to deviate from the parking standards identified above. Parking management plans may address issues such as modified parking requirements based upon complimentary peak hour demand of uses, off peak shared parking between sub -areas, drop off and valet services on private property, and tandem parking. The parking management plan shall take into The parking requirement during the peak seasonal period is 4 spaces per 1,000 square feet per an existing parking management plan. 16-49 account properties that are not part of the Planned Community district, but that are served by parking located within the district, and shall ensure that no detrimental effects to the existing parking for such properties occur. Parking management plans shall be prepared by an independent traffic engineer at the applicant's expense. Parking management plans shall be approved by the City Traffic Engineer prior to the issuance of building permits. A Landscaping Landscaping shall be installed subject to the following standards and maintained in a healthy, weed - free condition, free of litter and so as not to interfere with traffic safety Surface Parking Lot Landscaping: Parking lots shall be landscaped at a minimum of 1 tree per 5 parking spaces. The minimum size of trees shall be 24 -inch box. 2. Water Conservation: Satellite linked irrigation controllers or appropriate best manage- ment practices shall be incorporated into landscape design for new construction. E. Lighting Parking lots and walkways accessing building and parking areas shall be illuminated with a minimum maintained 0.5 foot-candle average on the driving or walking surface during the hours of operation and one hour thereafter. If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the D g—Community Development Director for review and approval. Indirect, decorative halo banding along the top of buildings is permitted. F. Signs 1. General Sign Standards All permanent and temporary signs in North Newport Center that are visible from public right-of- ways and public property shall be consistent with the provisions of these sign standards, unless otherwise approved by the Dg—Community Development Director. All permanent and temporary signs that are not visible from public right-of-ways are not limited in quantity, size, location, or design. Sign illumination is permitted for all sign types. Wall signs that are visible from public right-of-ways must consist of individual fabricated letters; or routed -out letters in an opaque background. Enclosed "box" or "can" signs are not permitted, unless they are logos. All commercial uses are permitted to place at each entry an incidental sign located at or below eye level to be visible to pedestrians, and shall not exceed six square feet. In addition to other signs permitted in this section, signs used to give direction to vehicular or pedestrian traffic are permitted. Directional signs oriented to vehicular or pedestrian traffic within internal drives or walkways of a development block are not regulated. Directional signs oriented to vehicular or pedestrian traffic in the public right of way are regulated as follows. Sign content shall not be limited. Signs shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code. Directional signs are limited to a maximum of 10 square feet in size but are not limited in quantity, location, or design. Temporary signs that are intended to be displayed for 60 days or less are permitted for purposes related to special 16-50 events, holiday activities, and store openings. Detailed standards for temporary signs are contained below. A comprehensive sign program may be prepared if the applicant wishes to deviate from the sign standards identified herein. Comprehensive sign programs shall be submitted for review and consideration in accordance with the provisions of the Municipal Code. Sign programs in place prior to this writing including the Island Hotel and Leasing Sign Programs shall remain in place. 2. Restricted Sign Types Signs visible from public right-of-ways are subject to the following restrictions: a. No rotating, flashing, blinking, or signing with animation shall be permitted on a permanent basis. b. No signs shall be permitted which imitate or resemble official traffic signs or signals. C. No wind signs or audible signs are permitted. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. 3. Sign Standards for Fashion Island In addition to the general sign standards identified above, specific sign standards for Fashion Island are provided in Table 6, Fashion Island Sign Standards below. Table 6 — Fashion Island Sign Standards Sign Type Shopping Center Identification Sign Major Tenant Sign Freestanding Commercial Location Each vehicle entry drive location Exterior walls or parapets of buildings Exterior walls or parapets of buildings Monument Maximum Number 2 per entry drive (one on each side) 1 sign per building elevation (maximum 4 signs for each major 1 sign per building elevation (maximum 4 signs for each building or structure) 1 per building Maximum Sign Size 100 square feet 10 feet high Determined by name of tenant; letter/logo height not to exceed 10 feet Determined by name of tenant; letter/logo height not to exceed 3 feet 50 square feet 5 feet high Maximum Letter/ Logo Height 9 feet 10 feet 3 feet 4.5 feet Tenant Sign Exterior elevations of shopping 1 sign per tenant, per 1 square foot per each 10 feet center and parking structures building elevation lineal foot of storefront facing Newport Center Drive (not to exceed 100 square feet) Theater Signs Facing Newport Center Drive 2 300 square feet Theater name: (exterior wall or parapet of 20 feet high 5 feet building which theater occupies, Each show title: free standing, or on adjacent 3 feet high parking structure) 15 feet wide Store Address Each entry to store 1 per store entry 6 square feet 12 inches Entry Marker Signs To be approved by Planning 7 signs 36 square feet (with 2- 2 feet Community Development Director foot overhang) 15 feet high 16-51 4. Sign Standards for Mixed -Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed -Use blocks, Block 100, Block 400, and Block 800 are provided in Table 7 below. The location of signs specified below may be changedsubject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code, so long as the total number of signs in not increased. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which have their primary address numbers on the cubes along Newport Center Drive. Secondary address signs may be located where appropriate for on-site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 — Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza 16-52 Maximum Sign Maximum Sign Letter/Logo Type Description Location Maximum Number Size Height A Large cube or blade Santa Rosa Drive 2 15 feet high 24 inches sign located at at San Joaquin Hills Road (1 per corner) 15 feet wide Santa Cruz Drive 2 15 feet high 24 inches entries to Newport Center at San Joaquin Hills Road (1 per corner) 15 feet wide Block 500: 4 15 feet high 24 inches at San Joaquin Hills Road / Avocado 4 15 feet wide 24 inches Bleck On- 1 15 feet high 24 in4 at San Nicolas / Avocado 4- 15 feet wide MacArthur Boulevard 15 feet h igh at San Joaquin Hills Road 45#eet IAMA San Joaquin Plaza: 1 15 feet high 24 inches at Jamboree / San Joaquin Hills Road 15 feet wide B Small cube located San Nicolas Drive 2 5 feet high 5 inches along Newport at Newport Center Drive (1 per corner) 5 feet wide Newport Center Drive 2 5 feet high 5 inches Center Drive and Santa Rosa (1 per corner) 5 feet wide Block 600: 5 5 feet high 5 inches Along Newport Center Drive 5 feet wide Block 800: 4-2 5 feet high 5 inches Newport Center Drive and 5 feet wide at Santa Maria Road at Santa Barbara Drive C Other Freestanding Block 100 1 per frontage 5 feet high 10 inches Signs 10 feet wide Block 400: Avocado at San Miguel 2 5 feet high 13 inches Along San Nicolas 1 6 feet wide Between 500 and 550 Newport Center 1 4 feet high 18 inches Drive 12 feet wide Block 600: 2 7 feet high 18 inches Along Santa Cruz Drive 22 feet wide 16-52 16-53 Maximum Sign Maximum Sign Letter/Logo Type Description Location Maximum Number Size Height Block 800: Along Newport Center Drive 42 5-6 feet high 44/248 inches 25-10 feet wide Along Santa Barbara Drive 1 3-54 feet high 25/24 inches 4,9-6 feet wide Santa Cruz Drive 1 15 feet high 24 inches at Newport Center Drive 15 feet wide San Joaquin Plaza: 6 feet high 5 1/2 inches for Along San Joaquin Hills Road 1 each 12 feet wide Tenant ID; ; Santa Cruz Drive; (3 signs along 18 inches for San Clemente Drive San Clemente Drive) Project ID San Clemente Drive 1 5 feet high 18 inches at Santa Cruz Drive 12 feet wide San Clemente Drive 1 5 feet high 18 inches at Santa Barbara 16 feet wide D Block 400: 1 Determined by 18 inches Signs mounted on landscape walls (includes ground mounted signs in front of landscaping and landscape walls) facing Newport Center Drive name of tenant; letter/logo height not to exceed 18 inches Block 500: facing Newport Center Drive 4 Determined by name of tenant; 26 inches letter/logo height not to exceed 26 inches Block 600: 2-3 facing San Determined by 18 inches facing streets Joaquin Hills; name of tenant; 5 facing Newport letter/logo height Center Drive; not to exceed 18 1 facing Santa Rosa inches Block 800: 2 Determined by Winches at San Clemente project entry name of tenant; letter/logo height not to exceed 36 inches Block 800: 1 Determined by Winches at San Clemente / Santa Barbara name of tenant; letter/logo height not to exceed 36 inches Block 800 1 Determined by 40 inches Along Newport Center Drive name of tenant; letter/logo height not to exceed 40 inches E Building Sign On building elevation, awning or 2 per Primary Tenant Determined by Primary parking structure 1 per Secondary name of tenant; Tenant - Tenant letter/logo height 24 inches 3 for restaurants not to exceed: Secondary Primary 24 Tenant - inches, Secondary 16 inches 16 inches Restaurant: Restaurant: 40 40 inches inches high 16-53 5. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under develop- ment or offered for lease. Temporary signs that are visible from public right-of-ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60 -day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same corner of the building. Type: Single- or double-faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall signs, they must be located below the sill of second floor windows. Design: Rectangular shape; rigid, permanent material; not fabric. Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. 16-54 Maximum Sign Maximum Sign Letter/Logo Type Description Location Maximum Number Size Height F Building Address On building elevation 1 each 24 inches high 24 inches (additional address signs may be located where appropriate for on-site orientation) G Freestanding Santa Rosa Drive at Newport Center 1 each 8 feet high 18 inches Building Address Drive; San Nicolas Drive at Newport 6 feet wide Center Drive; Santa Cruz at Newport Center Drive; San Joaquin Hills Road 2 28 inches H Advisory Signs Parking Lots and As appropriate for 6 feet high As required by Entries to Parking Lots safety and orientation Fire Department or Building Code for safety purposes Drive Through Drive Throughs 1 per tenant per 8 feet wide 15 inches Signs elevation, up to 2 on walls of structure J Apartment Leasing Signs Block 800 1 per frontage 5 feet high by 3 24 inches feet wide panel on post K Office Leasing Blocks 100, 400, 500, 600, 800 and 1 per frontage 4.5 feet high by 5 7 inches Signs San Joaquin Plaza feet wide 5. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under develop- ment or offered for lease. Temporary signs that are visible from public right-of-ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60 -day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same corner of the building. Type: Single- or double-faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall signs, they must be located below the sill of second floor windows. Design: Rectangular shape; rigid, permanent material; not fabric. Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. 16-54 G. Residential Compatibility In keeping with the purpose of Fashion Island and the Mixed -Use sub -areas, permitted uses in North Newport Center include uses and events that have the potential to generate noise. Due to the day/evening use of Fashion Island in particular, noise generating activities, lighting, odors from restaurants, and similar occurrences are produced and take place during all hours of operation. Such uses and events are required to comply with the City's Municipal Code regulating these uses. Disclosures shall be made to prospective buyers/tenants of residential developments that there is an expectation for noise levels higher than in typical suburban residential areas as part of the Mixed -Use concept within North Newport Center. Additionally, the disclosure shall indicate that there is an expectation for lighting, odors and similar occurrences in a Mixed -Use setting as compared to suburban residential areas. H. Residential Open Space Requirements The following open space standards shall apply to residential development projects: 1. Common Outdoor Open Space Each project shall provide common outdoor open space either at grade, podium level, or roof level. Common outdoor open space areas shall have a minimum dimension of 30 feet and may contain active and/or passive areas and a combination of hardscape and landscape features, but a minimum of 10 percent of the common outdoor open space must be landscaped. All common outdoor open space must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor open space based on the residential lot area. 2. Common Indoor Space Each project shall provide at least one community room of at least 500 square feet for use by all residents of the project. The area should be located adjacent to, and accessible from, common outdoor open space. This area may contain active or passive recreational facilities or meeting space, and must be accessible through a common corridor. 3. Private Open Space At least 50 percent of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace, with a minimum area of 30 square feet each and an average horizontal dimension of 6 feet. Balconies should be proportionately distributed throughout the project in relationship to floor levels and sizes of units. For any project 8 acres or larger, open space shall be provided in accordance with the General Plan. 16-55 IV. Planned Community Development Plan Administration A. Process for New Structures 1. Purpose and Intent The purpose of the Plan Review process is to provide for review of development proposals for new structures within the North Newport Center Planned Community district. Prior to the issuance of a building permit, all development proposals shall be subject to a Plan Review by the Planning Community Development Director for review to determine compliance with the Planned Community Development Plan and North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary structures and uses are exempt from this provision. 2. Submittal Contents Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough review of the relationships between uses on the site and on adjacent sites consistent with the Development Plan and the Design Regulations. At the discretion of the D g—Community Development Director, the requirements for submittal of a Plan Review may be altered from those set forth below when the Director determines that other information will be sufficient to allow a thorough review of the project by the approving authority. Submittals for Plan Review shall include plans that contain the following elements in addition to the City's submittal requirements for plan check: a. Existing Conditions including adjacent structures and proposed improvements b. Floor Plans C. Elevations that clearly demonstrate the architectural theme of each face of all structures, including walls and signs, illustrating the following: 1) All exterior materials 2) All exterior colors 3) Building heights d. Parking management plan (where applicable) e. Preliminary Landscape Plan, illustrating: 1) General location of all plant materials, by common and botanical names 2) Size of plant materials 3) Irrigation concept f. Lighting Plan, including: locations, fixture height, lighting fixture product type and technical specification g. Permitted and proposed floor area, number of hotel rooms, theater seats, and/or residential units h. Statement of consistency with the General Plan, Planned Community Development Plan and Design Regulations i. Any additional background and supporting information, studies or materials that the community Development Director deems necessary for a clear representation of the projects j. Shade analysis if required k. Open Space Plans for residential projects 16-56 3. Review and Action Submittals shall be reviewed by the community Development Director, and the Planning Community Development Director shall approve the project if he/she makes the following findings: a. The proposed use and/or development is consistent with the General Plan. b. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations. The community Development Director shall notify the Planning Commission and City Council if deviations from the height limit are approved. The Community Development Director action is the final action unless appealed in accordance with the Municipal Code. B. Process for New Signs Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall be reviewed for consistency with the Development Plan and Design Regulations. C. Transfer of Development Rights The following procedure shall be used for the transfer of development rights. The project applicant shall submit an application to the Community Development Director, which identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be relocated, and the sending and receiving sites. If the requested transfer includes the conversion of non-residential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. 2. The City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE's "Trip Generation," unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in the Traffic Phasing Ordinance of the Municipal Code, except that "unsatisfactory level of service" shall be as specified in the General Plan. 4. If the transfer request involves the conversion of uses, the community Development Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 16.1765 square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the community Development Director. 16-57 5. Applications for transfer of development rights shall be considered by the City Council as a ministerial action. The City Council shall approve a transfer of development rights if it finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. In addition, if the traffic study in Subsection c. is required, the City Council shall approve the transfer if it results in no greater traffic impact than the development allowed without the transfer. 16-58 [this page intentionally blank] 16-59 V. Definitions All words and phrases used in this North Newport Center PC shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in this section. Architectural Features: A visually prominent or formally significant element of a building which expressed its architectural language and style in a complementary fashion. Architectural features should be logical extensions of the massing, details, materials and color of the building which complement and celebrate its overall aesthetic character. Advisory Sign: Any sign that contains directional or safety information; does not contain advertisements. Audible Signs: Any sign that uses equipment to communicate a message with sound or music. Banks/Savings & Loans: Establishments that provide a full range of retail banking and mortgage loan services to individuals and businesses. Includes only those institutions engaged in the on-site circulation of cash money. Also includes businesses offering check - cashing services. Drive-through or drive -up service included. Bars and Cocktail Lounges: Establishments engaged in selling or serving alcoholic beverages for consumption on the premises or establishments having any of the following characteristics: - Licensed as a "public premises" by the California Department of Alcoholic Beverage Control. - Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not be deemed as constituting regular food service. Building Elevation: The exterior wall surface formed by one (1) side of the building. Building Height: Building height is measured from the corresponding point on the roof to the exterior finished grade. If the building is on a sloping surface, the height measurement is taken from the building entrance. Exceptions include but are not limited to below grade parking structure entrances, motor courts, and retaining walls. See Graphic 1 on page 34. Business, Government and Professional: Offices of firms, individuals or organizations that provide professional, executive, management or administrative services (e.g., architectural, engineering, government, insurance, investment, legal, planning). Includes administrative, clerical or public contact offices of a government agency, including incidental storage and maintenance of vehicles. Support retail and service uses also allowed. Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales and services. Generally mobile in terms of ease of relocation, the structures can be seasonal, temporary or for a more permanent use. Commercial, Recreation and Entertainment: Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include: 16-60 arcades or electronic games centers having three or more coin-operated game machines bowling alleys billiard parlors cinemas ice/roller skating rinks live entertainment pool rooms tennis/racquetball courts theaters Cultural Institutions: Public or private institutions that display or preserve objects of community, or cultural interest in one or more of the arts or sciences. Day Care: Non-medical care and supervision of children or adults on a less than 24 hour basis, including nursery schools, preschools, and day care centers. Day Spas: Establishments that specialize in the full complement of body care including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, water treatments and massage which is open primarily during normal daytime business hours and without provisions for overnight accommodations. Department Store: A store selling a wide variety of goods or services arranged in several departments. Eating and Drinking Establishments: Establishments engaged in serving prepared food or beverages for consumption on or off the premises. Emergency Health Care: Establishments that provide emergency medical service with no provision for continuing care on an inpatient basis. Entry Marker Sign: Sign used to provide information on activities and events, as well as advertise stores and shops within a shopping center. Eye Level: The height of 5 feet measured from grade. Freestanding Commercial: Any building with a commercial use which is separated from other commercial uses by parking and/or streets. Internal Pedestrian Street: Any walkway, path, plaza, arcade or corridor, either covered or open to the sky, which is primarily for use by people on foot and is not adjacent to the frontage road or common parking areas. Major Building: A mall building over 50,000 square feet. Major Tenant: A store or restaurant having a minimum of 10,000 square feet of floor space, which is located within or between other commercial buildings. Mall Building: Retail buildings where stores front a pedestrian walkway, which may be enclosed or open. 16-61 Land Uses, Development Standards & Procedures Section V. Definitions Medical Retail: Sales of medical goods or services that are retail oriented. Illustrative examples of these uses include: - eye exam, eyeglass/contact lens sales - skin treatments - body scanning - dental enhancement treatments Minor Use Permit: Use permit issued by the Planning nireetEw oning Administrator. Monument Sign: Any sign that is supported by its own structure and is not part of or attached to any building. Parking Structure: Structures containing more than one story principally dedicated to parking. Parking structures may contain accessory, ancillary and resident support uses. Periphery Building: Building located along the ring of Fashion Island adjacent to Newport Center Drive. Personal Improvement: Includes those services that are personal and that promote the health and well-being of an individual. Personal Services: Establishments that provide recurring services of a personal nature. Illustrative examples of these uses include: - barber and beauty shops - clothing rental shops - dry cleaning pick up store with limited equipment - dry cleaning with no on-site equipment - home electronics and small appliance repair - postal services - locksmiths - self-service laundries - shoe repair shops - tailors and seamstresses - tanning salons - printing & duplicating - travel agencies/services - nail salon Podium Level:A superposed terrace conforming to a building's plan, a continuous pedestal; a level of vertical segregation linking separate areas. Primary Tenant: The largest tenant of a building. Project Identification Sign: A free-standing (single or double faced) monument sign containing the project name. Public Safety Facilities: Police, fire, paramedic and emergency service facilities. Regional Commercial Gross Floor Area: Refer to Section H.B.1 above. North Newport Center Planned Community Development Plan 7/24/12 — June 2015 Draft 31 16-62 Residential: An area within a structure on a parcel that contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation or food preparation. Retail Sales: Stores and shops which sell various lines of merchandise for profit. This includes the sales of non -durable and durable goods to customers. Illustrative examples of these stores and lines of merchandise include: - antiques - appliances - artists supplies - automotive accessories (no installation) - animal sales and services - bakeries - bicycles - books - cameras and photographic supplies - carpeting and floor covering - clothing and accessories - convenience markets/stores - department stores - drug and discount stores - dry goods - electronic equipment (including automotive installation) - food and beverages - gift shops - handcrafted items - hardware - hobby materials - jewelry - real estate information center - luggage and leather goods - medical supplies and equipment - musical instruments, parts and accessories - office supplies - paint and wallpaper - pharmacies - shoe stores - specialty shops - sporting goods and equipment - supermarkets - tobacco - toys and games Rooftop Appurtenance: Rooftop appurtenances include, but are not limited to, mechanical equipment, stairwell and elevator shaft housing, antennae, window washing equipment, and wireless communication facilities. See Graphic 1 on page 34. Secondary Tenant: A small tenant; not the primary tenant of an office building. 16-63 Land Uses, Development Standards & Procedures Section V. Definitions Senior Citizen Housing: A residential development for senior citizens (i.e., persons 55 years of age or older) that has at least 35 dwelling units and conforms to Civil Code 51.3(b)(4). Service Tunnels: A corridor limited to access for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for customer circulation or access, and not for use as storage or office space. Sign: Any media, including their structure and component parts which are used or intended to be used out-of-doors to communicate information to the public. Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images composing the sign. Sign Face: The physical plane and/or surface upon which the working or images are applied. Sign Letter: The individual symbols of the alphabet used in forming the words of a message. Shopping Center Identification Sign: A monument sign identifying a shopping center. Support Uses: Uses within residential developments, offices and hotels, and parking structures designed, oriented, and intended to primarily serve building occupants. This includes uses such as dry cleaners, coffee vendors, and sundry shops. Such uses must be consistent with the pertinent regulations in Table 1. Tenant Sign: Any permanent sign of an establishment that is located on or attached to the storefront elevation, a covered walkway, or an awning for the purpose of communicating the name of the tenant. Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Theater Sign: Any permanent sign used to communicate to the public the name of a theater and the show(s) or movie(s) that are offered. Vehicle Entry: Any intersection points along the public right-of-way that provide access for automobiles. Visitor Accommodations: Establishments offering lodging rooms, including bed and breakfasts, inns, hotel, and motels. Incidental support facilities are included within these uses. Wind Sign: A series of similar banners or objects of plastic or other light material more than 2 inches in diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. North Newport Center Planned Community Development Plan 7/24/12 — June 2015 Draft 33 16-64 MECHANICAL PENTHOUSE ELEVATOR OVERUN _ _ TOP OF PARAPET OF LAST OCCUPIED SPACE FINISH GRADE NOTE: In no instance shall any part of the building, including rooftop appurtenances or architectural features, penetrate the FAA (Part 77) imaginary obstruction surface for John Wayne Airport. Graphic 1, Example of Building Height and Rooftop Appurtenances 16-65 NORTH NEWPORT CENTER DESIGN REGULATIONS 16-66 [this page intentionally blank] 16-67 I. Introduction......................................................................................................................................... 1 A. Purpose of Design Regulations........................................................................................................ 1 B. Newport Center Design Framework................................................................................................. 1 C. North Newport Center......................................................................................................................4 II. Design Regulations............................................................................................................................. 7 Usingthese Regulations............................................................................................................................. 7 A. Building Location and Massing........................................................................................................7 1. Site Planning Elements.......................................................................................................... 7 2. Building Envelope.................................................................................................................. 9 3. Building Character and Style................................................................................................. 9 4. Building Materials and Colors............................................................................................. 12 5. Parking Structures................................................................................................................ 12 B. Landscape.......................................................................................................................................13 1. Overall Landscape................................................................................................................ 13 2. Perimeter and Street Landscape........................................................................................... 14 3. Parking Lot Landscape......................................................................................................... 15 4. Internal Landscape............................................................................................................... 16 C. Circulation......................................................................................................................................16 1. Streets and Pedestrian Activity............................................................................................ 16 2. Service and Emergency........................................................................................................ 20 3. Parking Lots......................................................................................................................... 21 D. Orientation and Identity.................................................................................................................. 22 1. Gateways and Entrances...................................................................................................... 22 2. View Corridors..................................................................................................................... 23 3. Landmarks............................................................................................................................24 4. Signage.................................................................................................................................25 5. Lighting................................................................................................................................32 [this page intentionally blank] 16-69 I. Introduction A. Purpose of Design Regulations The Design Regulations expand upon the regulations set forth in the Planned Community Development Plan. The Design Regulations are intended to be used for reference by the City of Newport Beach as part of the plan review process. It is recognized that North Newport Center will be built and redeveloped over time and that not all regulations may be achieved nor are applicable for any given project. All new commercial and residential development shall be subject to the North Newport Center Design Regulations. Review for compliance of projects under this section shall occur through the plan review process, as defined in the Development Plan, prior to building permit issuance. B. Newport Center Design Framework Newport Center is a 600 -acre master planned area. Development within Newport Center began in the 1960s and generally has followed the following guiding principles: 1. Strong physical urban design framework which provides structure and character yet allows flexibility 2. Synergistic mix of land uses, market driven to insure economic vitality 3. Balanced and dispersed auto access 4. Organized in "blocks" and districts to break down scale and provide identity 5. Pedestrian Orientation 6. Building massing that responds to topography, with taller buildings located along San Joaquin Hills Road 7. Unifying architectural and landscape character Aerial view of bluff (circa 1960) 16-70 Early Newport Center Planning Diagrams and Sketches (circa 1960) 41 i �{ The design regulations provide standards that govern future development so that, to the extent feasible, the initial design framework is carried forward and the design and development policies from the Land Use Element of the General Plan are implemented. 16-71 General Plan Policies Newport Center The following policies from the Land Use Element are for Newport Center as a whole. Development within North Newport Center should contribute toward the policies whenever possible. • Development Scale: Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. • Urban Form: Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. • Pedestrian Connectivity and Amenity: Encourage that pedestrian access and uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. • Fashion Island Architecture and Streetscape: Encourage that new development in Fashion Island complement and be of equivalent or higher design quality than existing buildings. Reinforce the existing promenades by encouraging retail expansion that enhances the storefront visibility to the promenades and provides an enjoyable retail and pedestrian experience. Additionally, new buildings shall be located on axes connecting Newport Center Drive with existing building to provide visual and physical connectivity with adjoining uses, where practical. Mixed -Use District and Neighborhood The following policies from the Land Use Element are City-wide in orientation. Development within North Newport Center should contribute toward the policies whenever possible. • Mixed -Use Buildings: Require that Mixed -Use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in consideration of the following principles: - Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts - Visual and physical integration of residential and non-residential uses - Architectural treatment of building elevation and modulation of their massing - Separate and well-defined entries for residential units and non-residential businesses - Design of parking areas and facilities for architectural consistency and integration among uses - Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street 16-72 frontages but integrate landscape into interior courtyards and common open spaces • Mixed -Use Building Location and Size of Non -Residential Uses: Require that 100 percent of the ground floor street frontage of Mixed -Use buildings be occupied by retail and other compatible non-residential uses, unless specified otherwise by policies for a district or corridor. • Parcels Integrating Residential and Non -Residential Uses: Require that properties developed with a mix of residential and non-residential uses be designed to achieve high levels of architectural quality in accordance with policies related to the character and quality of multi -family residential and the architecture and site design of commercial districts, be planned to assure compatibility among the uses, and provide adequate circulation and parking. Residential uses should be seamlessly integrated with non-residential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements. • Districts Integrating Residential and Non -Residential Uses: Require that sufficient acreage be developed for an individual use located in a district containing a mix of residential and non-residential uses to prevent fragmentation and assure each use's viability, quality, and compatibility with adjoining uses. Aerial of Newport Center — 2007 C. North Newport Center North Newport Center consists of properties on the higher elevations of Newport Center between San Joaquin Hills Road and the Newport Center ring road (Blocks 400, 500, 600 and 800 and San Joaquin Plaza), as well as the core of Newport Center, Fashion Island, and Block 100. 16-73 To the northeast is San Joaquin Hills Road, a wide boulevard on the ridge that forms the upper edge of Newport Center. To the south and southeast are office buildings, movie theaters, restaurants, service retail, the Newport Transportation Center, the Newport Beach Central Library, and Corona del Mar Plaza, a community retail center. Adjacent uses within Newport Center are office buildings, an apartment community, a resort hotel, art museum, police station, fire station, auto dealership, service station, and the Newport Beach County Club. North Newport Center is a mixed-use district that features an open-air regional shopping center, Fashion Island; a resort hotel; and a variety of office buildings that help form the skyline of Newport Beach; connected by a network of tree -lined streets and sidewalks, within a master planned environment featuring a consistent landscape. 16-74 [this page intentionally blank] 16-75 II. Design Regulations Using these Regulations These regulations are intended to be used in conjunction with other applicable codes, documents, and ordinances to assess compliance of proposed projects. Each category of regulations begins with the intent, which describes the overall character that is envisioned and what objectives are necessary to attain the desired effect. A. Building Location and Massing Intent The intent of the building massing and location standards is to ensure that new development has an appropriate scale, is related to its use and location, and is properly integrated with adjoining land uses and features. 1. Site Planning Elements a. New commercial and residential buildings should respect the existing urban form, which generally consists of buildings that are organized orthogonally to create pedestrian -friendly courtyards and promenades that visually link the buildings into clusters, as seen in the diagrams below. Pedestrian promenade at Fashion Island Pedestrian courtyard at 550 Newport Center Drive Building interface at San Joaquin Plaza 16-76 b. In Mixed -Use sub -areas, the development of a complex of buildings is preferable to a single large structure because the varied massing provides visual interest and a human scale. Additionally, the spaces created between the various buildings provide opportunities for pedestrian plazas, courtyards and other outdoor gathering areas. C. New buildings should be oriented to and have features which reinforce and enhance the existing pedestrian experience. Mixed -Use sub -areas should emphasize pedestrian orientation by utilizing features such as plazas, courtyards, interior walkways, trellises, seating, fountains, and other similar elements. d. New retail buildings should be located to enhance tenant visibility and identity, while maintaining compatible relationships with adjacent structures and street frontages. e. New buildings should be arranged to provide convenient access to entrances and efficient on-site circulation for vehicles and pedestrians. Projects should develop a comprehensive open space network that uses plazas and other open space elements to connect uses. Open space areas and the paths that link them should facilitate the integration of adjacent land uses on the site. f. New buildings with a strong street presence are encouraged in Fashion Island. g. Residential development shall provide common outdoor open space areas for residents. These areas should be configured and designed so as to address privacy for residential uses while also providing linkages to the public open space components of the project. h. Planning and developing shared facilities such as driveways, parking areas, pedestrian plazas and walkways, with adjoining properties, including those outside of the North Newport Center Development Plan, is strongly encouraged. Example of resident open space Example of office courtyard 16-77 2. Building Envelope a. New buildings should respect the existing development scale, which generally consists of high-rise buildings (10+ stories) clustered along the northerly section at the highest point in Newport Center. Mid -rise office buildings (5-10 stories), low- rise office buildings, and retail development are generally located at lower elevations towards Pacific Coast Highway. 3. Building Character and Style a. The character and style of new buildings located in Fashion Island should be compatible with the classically inspired architecture of the existing buildings in Fashion Island. The character and style of new commercial and residential buildings located in the mixed-use sub -areas should be compatible with the existing contemporary architecture or the classically inspired architecture of the existing buildings. b. New buildings within Fashion Island should continue and enhance the existing pedestrian experience by promoting storefront visibility. C. New buildings should reflect a timeless architecture with straightforward geometry, a unified composition, the expression of floor levels and structure, and solid parapets. Trendy, short-lived, idiosyncratic architectural styles are not appropriate; although retail storefronts may reflect the design theme of the merchant. d. The top of all roof -mounted equipment and communications devices should be below the building parapet or equipment screens in a manner that hides them from the street. The height of rooftop appurtenances shall not exceed the height of the screening. e. Ground level equipment, refuse collection areas, storage tanks and infrastructure equipment should be screened from public right-of-ways views with dense landscaping and/or walls of materials and finishes compatible with adjacent buildings. f. Above grade equipment, including backflow preventers at domestic water meters, irrigation controllers, and cable television pedestals should not be visible from public right-of-ways, when feasible. g. Chain link fencing is not allowed, except to screen construction areas. h. Avoid long, continuous blank walls, by incorporating a variety of materials and design treatments and/or modulating and articulating elevations to promote visual interest. i. Architectural features should accomplish the architectural goal of extending the design elements of the building. j. New buildings on sites with sloping surfaces should be encouraged to utilize the existing terrain. Entrances to motor courts and parking structures are not included in the measurement of building height. 16-78 Example of appropriate high-rise architecture Example of straight forward geometry and expression of floor levels Examples of classically inspired architecture Example of appropriate low-rise form Example of retail storefront visibility to pedestrians 16-79 (Not to Scale) III lit i -------- oil, , Example of architectural feature (Not to Scale) - --- 20 �t i ill Example of architectural feature MECHANICAL PENTHOUSE Example of building height measurement on sloping terrain 4. Building Materials and Colors a. Colors, materials, and finishes should be coordinated on all exterior elevations to achieve continuity of design. Stripes and patterns are not appropriate; although retail storefronts may reflect the design theme of the merchant. b. Clay tile, concrete tile, metal, and fabric are acceptable materials for low- and mid - rise roofs. C. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for building walls. d. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for railings. e. Service door and mechanical screen colors should be the same as, or compatible to, the adjacent wall colors. Example of appropriate retail finishes 5. Parking Structures Example of appropriate low-rise finishes a. The architecture of new parking structures should be compatible, complementary, and secondary to principal buildings. b. The design of new parking structures in Fashion Island shall incorporate elements (including landscaping) to soften their visual impact. C. New parking structures in Fashion Island shall be located and designed in a manner that is compatible with the existing pedestrian scale and open feeling of Newport Center Drive. d. Simple, regular forms are encouraged. e. Views of parked vehicles should be screened. f. The visual appearance of sloping floors should be minimized. g. Interiors should be designed to promote a safe vehicular and pedestrian experience. h. Vehicular entries for non-residential parking structures should be obvious and inviting. 16-81 i. Vehicular entries to exclusively residential structures should be incorporated into the structure so as to minimize the street presence of the parking structure entrance and to avoid interrupting the continuity of the street facing building elevations. Block 600 parking structure demonstrating rectangular form and vines to soften visual impact B. Landscape Intent The intent of the landscape development preserves and Center. 1. Overall Landscape West parking structure at Fashion Island demonstrating rectangular form and varied landscape to soften visual impact standards is to ensure that new commercial and residential enhances the existing landscape character of North Newport a. New development should promote an evergreen plant palette that is appropriate in the Mediterranean climate of Southern California. Plant materials should be of a native or drought -tolerant species where appropriate and provide variety, while being consistent with the existing landscape pattern and architectural design of the building. b. Landscape and site design will incorporate Best Management Practices (BMPs) to address low -flow runoff and storm water runoff. Landscaped areas within the project will be provided and used to treat runoff from impervious surfaces and roof drains prior to being discharged into the storm drain system. C. The landscape palette should consist of two distinct groups of plant materials: - Accent planting, including palms, cypress, and color accents - Background planting, including evergreen canopy trees and shrubs d. The overall landscape should be dominated by background planting with accent planting in key areas corresponding to the land use and development intensity. 16-82 e. Planting should be organized in layers of plant size and variety such as flowering, cascading, or climbing plants. Contrasts in color and texture should be used to enhance the layering of plants. Example of appropriate landscape variety complementing the building form Example of layering principles Example of vertical and horizontal plant forms 2. Perimeter and Street Landscape a. The landscape on the perimeter of sub -areas and along streets of new commercial and residential development should complement the street tree pattern, enhance the pedestrian experience, screen parked vehicles, and soften the view of parking structures. b. Existing trees along public streets should be preserved, and new trees should be installed to fill in gaps. C. Evergreen hedges should be used to screen the lower portions of parked cars. d. Evergreen planting should be used to screen parking structures. 16-83 Newport Center Drive landscape variety San Nicolas landscape showing screening of parked cars San Joaquin Hills Road landscape 3. Parking Lot Landscape Landscape adjacent to 888 San Clemente parking structure a. New surface parking lots should have evergreen canopy trees to provide shade. b. A uniform evergreen tree type should be used for parking lot fields, with a different uniform evergreen tree type used to highlight the major parking aisles. C. Evergreen hedges should be used to screen parked cars. 16-84 ry,�e N.;��' � Fashion Island parking lot tree placement 4. Internal Landscape San Joaquin Plaza evergreen hedges that screen parked cars a. New courtyards and promenades should continue the existing pedestrian experience by promoting visual continuity, shade and an evergreen landscape. b. Trees should be installed to shade appropriate walkways and cause an interesting and varied pedestrian experience. Example of trees adding variety to pedestrian experience C. Circulation Example of landscaping creating strong visual continuity Intent The intent of the circulation criteria is to ensure that new commercial and residential development enhances existing circulation patterns by maintaining existing, upgrading existing and providing new street and walkway connections. 1. Streets and Pedestrian Activity a. New development should preserve and enhance the existing attractive street scene, promote safe and convenient driving practices, and encourage street level pedestrian activity. 16-85 b. All buildings should be publicly accessible via a path or walkway from a public sidewalk. C. The crescent walk linking Block 400, Block 500 and Block 600 along Newport Center Drive and pedestrian connections to/in Fashion Island should be preserved and enhanced where feasible. Connections from the crescent walk into courtyards, plazas, and other gathering areas in Block 400, Block 500 and Block 600 should be provided where possible. d. Each sub -area should demonstrate an internal pedestrian network of walks and paseos that connect to the larger Newport Center pedestrian system. e. Strong pedestrian connectivity, reinforced by protected walkways and landscaping, should occur between Newport Center Drive and the retail core of Fashion Island. Amenities such as benches, plazas and other pedestrian -oriented facilities should be provided at pedestrian destinations. g. To promote the vitality of the public street scene, pedestrian bridges and tunnels which remove pedestrians from the street level are not allowed. h. New benches, street trees, directional signs, trash receptacles, and exterior lighting are encouraged in the public right-of-ways to reinforce pedestrian activity. i. Enhanced paving in crosswalks to highlight pedestrian pathways is allowed if it is compatible with the character of the existing development. Pedestrian walkway from Newport Center Drive to Fashion Island Example of pedestrian connectivity to the street (between 500 and 550 Newport Center Drive) Example of pedestrian amenities Example of the crescent walk design framework Pedestrian amenities in Fashion Island Pedestrian amenity in Fashion Island Example of a strong pedestrian pathway Example of pedestrian oriented enhancement Storefront interface with pedestrians Fashion Island paseo 16-87 ® Crescent Walk � Vehicular Circulation Pedestrian Connection to Fashion Island 16-88 2. Service and Emergency a. New commercial and residential development should promote efficient circulation for service and emergency vehicles. b. Major loading docks should be located away from front doors and from residential areas to separate service traffic from other traffic. Loading bays should be designed to minimize their visual prominence and any interference with pedestrian and vehicular flows. d. Turf -block may be used in landscape areas where fire access is necessary. e. Truncated domes should be a contrasting color, other than yellow, and should be coordinated with the paving material unless otherwise required by federal or state standards. 4r - Fashion Fashion Island loading dock Fashion Island loading dock 3. Parking Lots a. Parking areas should not create a separation between adjacent land uses and buildings. b. Parking lots at new development should promote efficient circulation for vehicles and pedestrians. C. Convenient, well marked and attractive pedestrian access should be provided from parking lots to buildings. d. The use of permeable surfaces is encouraged. F Pedestrian entrance from surface parking at 680 Newport Center Drive demonstrating flow from parking to building Well-defined pedestrian walkway in 5001550 Newport Center Drive parking lot Well-defined walkway from Newport Center Drive into Fashion Island at San Nicolas 16-90 D. Orientation and Identity Intent The intent of the standards for orientation, identity, and safety is to ensure that new commercial and residential development promotes wayfinding for residents and visitors, strengthens North Newport Center's sense of place, and produces a safe environment. 1. Gateways and Entrances a. New development should respect existing entries and, if entry modifications are required, should integrate with the existing vehicular and pedestrian circulation system. b. Key landscape elements at the "landscape corners" should be retained. San Joaquin Hills Road and Jamboree Road { 7ti L'41'l'OI{'1' L'ih'fEH San Joaquin Hills Road and Santa Cruz San Joaquin Hills Road and MacArthur San Joaquin Hills Road and Santa Cruz 16-91 2. View Corridors a. New development should preserve views of major retail tenants in Fashion Island from Newport Center Drive. b. New development should capture views of the ocean from windows and decks at new restaurants, offices, and residences, where feasible. Fashion Island major tenant visibility Fashion Island major tenant visibility Balconies at 888 San Clemente featuring ocean views 16-92 3. Landmarks a. As appropriate, major new development may be positioned and designed to serve as a landmark within North Newport Center. b. Landmark elements may be included in building design to distinguish individual buildings and enhance wayfinding. The Island Hotel as a landmark building Wind chime as a landmark at Macy's Palms as a landmark at the southern entry into Fashion Island 16-93 4. Signage a. New development should have signs that promote identity and wayfinding. b. Signs should be designed to clearly communicate their messages. C. Signs should be designed to complement the architecture and landscape. d. Identification signs should be designed to convey the image of the project or business. e. Wayfmding signs should be unified within each sub -area. f. Simplicity and legibility are encouraged. g. Ample blank space around sign copy is encouraged. h. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. i. Signs may be internally -illuminated, halo -illuminated, externally illuminated, or non -illuminated. j. Sign types A -K and their corresponding locations are shown on the following pages. Project identification sign Business identification sign Directional sign Temporary signs mounted on construction fence 16-94 NEwPORi FASHION M NEWQOR� EASNIOD FASHION HEWPOp� o CENTER ISLAND ISLAND CENTER NEWPORX CENTER ISLAKD — ISLAND NoiEl XONUSENM N ;CENTER C +- XIOONXaAAlES X.f,S ISLANUHOTEI ISLAND HOTEL MSIR N " ISLAND HOTEL iRIrY11�. - - ap— p P �,',:'�. . FASHION ISLANDFASHIO .; ISLAND tl '� - _ BIORMIMLRALE'S- _ L. "� (- ISLAND HOTEL MONUSNROMNEIMAN MARCUS M- J`�- ' - .. l ,y}�BLDOMINGOALE'S MAY'S `�� 'hORDSTROM • NEIMAN MARCUS r' 9✓ FAR - s Ab T '� wPart Cel [er t, { _ I'' ,'8 San Clemente M, ` dG I J I Ie - •_ a . r � ` a rtc � y► d�S . F— Z4, GATEWAY PLAZA • 100-19) NEWPORT CENTER DRIVE S I GATEWAY PLAZA 100-190 NEWPORT CENTER DRIVE GATEWAY PLAZA i; �ounR AEWapAr [ENTER DRIVE Ar. r. ��g�orony Apartment Slemes di VA. I .. %RAW 0 CrryNATIONALBANK MNC OF CALIFORNIA �-Y PL.Z* +100120 1 ` 140160 • E 110 130 170IT L' • • • rr '. \ r , "fa •tea ,� - l �:5 �i•�< f, t �. I`+_ -- .� f - � rid �'►�f �' .; �"' - a . r j AS � .����.. •••.• • • •; an t • ��^" II� �,,. .� . 11. °�r�- LEASING 1 5. Lighting a. The exterior lighting at new commercial and residential development should be compatible with and enhance the existing lighting of the sub -area. b. Light fixtures at walkways and parking lots should be coordinated in height, color, and style. C. Light fixtures should not cast off-site glare. d. Building walls may be illuminated by downlights and uplights; light sources should not be visible from public view. e. Tops of buildings may be highlighted with bands of light. f. Utilitarian light fixtures, such as floodlights and wallpacks, may only be used in service areas. g. Low sodium lighting is not allowed. h. ATM lighting shall conform to state code without causing offsite glare, such as through the use of bollards, tree lights, pole lights, and soffit lights, rather than floodlights and wallpacks. i. In pedestrian areas such as courtyards, plazas, and walkways, lighting fixtures should be pedestrian scale. Appropriate light bollard at Block 600 �Mb Non -glare producing lights at 888 San Clemente 16-101 Attachment E Planning Commission Staff Report 16-102 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 17, 2015 Meeting Agenda Item No. 5 SUBJECT: Newport Center Planned Community Amendments and Transfer of Development (PA2015-109) 1. Planned Community Development Plan Amendment No. PD2015-003 2. Transfer of Development No. TD2015-001 ADDRESS: All addresses within the following planned communities: 1. North Newport Center 2. Block 500 3. Corporate Plaza 4. Corporate Plaza West APPLICANT: Irvine Company OWNER: Various PLANNER: James Campbell, Principal Planner 949-644-3210, Jcampbell(a)newportbeachca.gov PROJECT SUMMARY The applicant requests approval of the following: An amendment to the North Newport Center Planned Community Development Plan (PCDP) to update development limits to reflect past transfers of development and add two existing buildings (2071 and 2101 San Joaquin Hills Road) to Block 500, modify height limits, allowed uses, parking requirements, and sign regulations. 2. An amendment of the Block 500 Planned Community District Regulations to remove two existing buildings, specifically 2071 and 2101 San Joaquin Hills Road. 3. A transfer of unbuilt development from the Corporate Plaza and Corporate Plaza West Planned Communities to the North Newport Center Planned Community Block 100. Staff recommends amendments of the Corporate Plaza and Corporate Plaza West Planned Community District Regulations to reduce the maximum development allocations to be consistent with the requested transfer of development. 16-103 Newport Center Planned Community Amendments and Transfer of Development Planning Commission, September 17, 2015 Page 2 RECOMMENDATION 1. Conduct a public hearing; and 2. Adopt Resolution No. recommending approval of Planned Community Development Plan Amendment No. PD2015-003 and Transfer of Development No. TD2015-001 (Attachment PC 1). INTRODUCTION Background In December 2007, the City Council adopted the North Newport Center Planned Community Development Plan and Design Regulations (PCDP) and a Zoning Implementation and Public Benefit Agreement (Zoning Agreement) with the Irvine Company. The purpose of the PCDP and Zoning Agreement is to implement land use changes authorized by the Comprehensive General Plan Update of 2006 and provide vested rights to the Irvine Company and public benefits to the City. The Zoning Agreement has the effect of a Development Agreement which vested specific development rights in exchange for payment of public benefit fees. The PCDP has been amended twice to add Block 800 to the PCDP and accommodate the development of 524 apartments at the former San Joaquin Plaza office site. The amendments also updated the development limits to reflect traffic trip neutral transfers of development that were also approved pursuant to General Plan Policy LU 6.14.3 and provisions of the PCDP. The Zoning Agreement allows the Irvine Company to construct consistent with the General Plan and PCDP and pursuant to Section 6.1 of the amended Zoning Agreement. The Zoning Agreement also requires the Irvine Company to demolish or render non -habitable any existing building square footage that is transferred to a new use before it can obtain final building approval or a certificate of occupancy for the square footage transferred to that new use. In other words, existing and operating building intensity can be transferred to a different site to facilitate new construction and that donor site must be demolished or rendered non -habitable before the new construction can be occupied (this way the net buildable square footage remains the same between the two sites). This procedure ensures that building intensity after construction does not exceed General Plan limitations. The construction of the two new office towers in Newport Center has been authorized at the expense of San Joaquin Plaza (now demolished), portions of Block 100 and Block 600. Pursuant to an executed agreement, the Irvine Company is holding one, 21,161 square foot building in Block 100 vacant to support the new office tower at 520 Newport Center that will be ready for complete occupancy later this year. There are three options could be pursued in lieu of maintaining the vacant 21,2161 square building. First, the applicant could demolish the building. Second, the applicant 16-104 Newport Center Planned Community Amendments and Transfer of Development Planning Commission, September 17, 2015 Page 3 could request a General Plan Amendment to increase the maximum allowed development, or third, the applicant could request the transfer remaining unbuilt development intensity to account for the building. The applicant chose the third option and would like to make several other minor changes to the affected PCDP regulations. Proiect Setting The project area encompassed four planned communities which are developed with offices, residential uses, and regional commercial uses. The area also comprises approximately half of Newport Center. The applicant owns most of the affected properties; however, there are other owners of properties in Block 500, Corporate Plaza, and Corporate Plaza West. Maps showing the affected Planned Communities and the General Plan land use designations are attached (Attachment PC2 and PC3). Project Description 1. Amend North Newport Center Planned Community (Attachment PC4) The requested amendment to the PCDP would: a) Change all references within the document to the "Planning Director" to the "Community Development Director" or "Zoning Administrator" where appropriate. b) Modify allowed uses to eliminate the requirement for a Minor Use Permit for fitness facilities and allow day care uses as principal uses rather than an accessory uses within Blocks 100, 400, and 800 Commercial Block. c) Updates development limits to reflect past approved transfers and the proposed transfer of development and the addition of two existing buildings (2071 and 2101 San Joaquin Hills Road to the Block 500 subarea. d) Provide a 10 -foot additional height allowance for architectural features and rooftop appurtenances for all blocks. e) Modify parking requirements to eliminate references to office uses in San Joaquin Plaza, change the parking ratios for Block 100, 400, and 800 Commercial Block from the Municipal Code to the parking ratios provided in Table 1 of the North Newport Center PCDP, and allow shared parking. f) Modify sign regulations to reflect approved signage programs issued by the Community Development Director pursuant to the North Newport Center Planned Community District Plan regulations. g) Update the sign type exhibits in the Appendix by replacing pages 26 through 35 (10 pages) with new pages 26 through 31 (6 pages) reflecting changes in signs since the adoption of the PCDP (Appendix PC5). 2. Amend Block 500 (Attachment PC6) The requested amendment to the district regulations eliminates two buildings, specifically 2071 and 2101 San Joaquin Hills Road. The applicant purchased these 16-105 Newport Center Planned Community Amendments and Transfer of Development Planning Commission, September 17, 2015 Page 4 two buildings after the North Newport Center PCDP was created and they would like to have all office buildings within Block 500 under their ownership to be regulated by the North Newport Center PCDP. The gross floor area of these two buildings (24,000 gross square feet) will be deducted from the maximum allowed and the map reflecting the elimination of these two sites will replace the existing map. No other changes to the Block 500 PC would occur. The amendment has no effect upon the four remaining buildings within the planned community. 3. Transfer Development from Corporate Plaza and Corporate Plaza West to North Newport Center, Block 100 and amendments to the Corporate Plaza and Corporate Plaza West Planned Community District Regulations. a) Corporate Plaza The General Plan allocates 484,348 gross square feet of office development to Corporate Plaza. The planned community is presently developed with 19 buildings totaling 466,510 square feet of development. The applicant requests the transfer of 15,468 square feet to Block 100 of the North Newport Planned Community resulting in a maximum of 468,880 square feet. The planned community district regulations allow for 477,320 square feet and the amendment would reduce this amount by 8,440 square feet (Attachment PC7). The updated development limit would be 468,880 square feet and a total of 2,370 square feet would be available for future additions. b) Corporate Plaza West The General Plan allocates 162,364 gross square feet of office development to Corporate Plaza West. The planned community is presently developed with 4 buildings totaling 156,671 square feet of development. The applicant requests the transfer of 5,693 square feet to Block 100 of the North Newport Planned Community resulting in a maximum of 156,671 square feet. The planned community district regulations allow for 159,688 square feet and the amendment would reduce this amount by 3,017 square feet (Attachment PC8). The updated development limit would be 156,671 square feet leaving zero remaining square feet for future additions. c) North Newport Center, Block 100 The current district regulations allocate no square footage to this block; however, past City -approved transfers allow 99,953 square feet of office development. This amount represents 5 of 6 existing buildings with one 21,161 square foot building to be demolished or rendered vacant/unoccupied later this year when the 520 Newport Center office building is fully occupied pursuant to an agreement with the City. The proposed amendment of the district regulations and the proposed transfer of 21,161 16-106 Newport Center Planned Community Amendments and Transfer of Development Planning Commission, September 17, 2015 Page 5 square feet from Corporate Plaza and Corporate Plaza West will allow continued use of all buildings in Block 100 when the new office tower is fully occupied. DISCUSSION Analysis General Plan The amendments and transfer of development does not change land use designations nor does it authorize development or change uses. General Plan Policy LU 6.14.3 and the transfer procedures of the PCDP provide that development rights may be transferred through a change in location and/or a conversion of nonresidential use to another nonresidential use allowed by the General Plan or the PCDP. The General Plan designates Block 100 sub -area and Corporate Plaza as CO -R (Regional Commercial Office) that are intended to provide for administrative and professional offices that serve local and regional markets with limited accessory retail, financial, service, and entertainment uses. Corporate Plaza West is designated CO -G (General Commercial Office), which is intended provide for administrative, professional, and medical offices with limited accessory retail and service uses; hotels, motels, and convalescent hospitals are not permitted. A traffic analysis is required to determine the total number of PM peak hour trips that would be generated with and without the transfer. The proposed project involves a simple transfer square footage of office use between three office blocks and no conversion of use. The City retained Stantec Consulting Services Inc. to prepare a peak hour trip transfer analysis. The Stantec report (Attachment PC9) was prepared under the supervision of the City's Traffic Engineer and the report concludes that the proposed transfer is trip neutral (no increase or decrease). Based on the results of the analysis, Stantec and the City Traffic Engineer have determined that no adverse traffic impacts will result from the transfer. Lastly, staff sees no General Plan conflict with the proposed transfer or any of the proposed changes to the regulatory documents. Local Coastal Program, Land Use Plan The only portion of the overall project that is within the coastal zone, and subject to the Coastal Land Use Plan (CLUP), is the Corporate Plaza West Planned Community. The transfer and amendment reduces future office development within the planned and no physical changes within Corporate Plaza West would occur. No conflict with the CLUP or the Coastal Act would be created. 16-107 Newport Center Planned Community Amendments and Transfer of Development Planning Commission, September 17, 2015 Page 6 Changes within the North Newport Center Planned Community a) The amendment changes all references within the document to the "Planning Director" to the "Community Development Director" or "Zoning Administrator" where appropriate. This change is a "clean-up" and reflects current titles and practices. b) The amendment modifies allowed uses to eliminate the requirement for a Minor Use Permit for fitness facilities and allow day care uses as principal uses rather than an accessory uses within Blocks 100, 400, and 800 Commercial Block. The typical reason to require discretionary review is to address potential land use conflicts that might be generated by the use such as noise, parking, and operating hours. Fitness facilities are often found in mixed-use environments as they equally serve commercial and residential patrons. Noise generation is not anticipated and the location of uses and parking are highly controlled by the Irvine Company. The applicant proposes an allowance for shared parking and ultimately, staff has no concerns removing the MUP requirement. c) The amendment updates development limits reflecting past and current transfers of development and the addition of two existing buildings (2071 and 2101 San Joaquin Hills Road) to the Block 500 subarea based upon their existing gross floor area. The changes are important as they reflect all the past approved transfers and changes in land use. The PCDP will now accurately show development intensity and land use facilitating more accurate and efficient administration of the regulations going forward. Shifting 2071 and 2101 San Joaquin Hills Road from the Block 500 Planned Community District Regulations to the North Newport Center PCDP would not create nonconforming uses. The most noteworthy regulatory shift will reduce the maximum height from 375 feet to 295 feet and change the medical parking ratio from 1 space for every 250 square feet to 1 space for every 200 square feet. The regulatory change would also subject future changes to at two sites to the detailed sign and design regulations provided in the North Newport Center PCDP. d) Provide a 10 -foot additional height allowance for architectural features and rooftop appurtenances for all blocks. The PCDP presently allows a 20 -foot allowance for architectural features and rooftop appurtenances for buildings over 200 feet tall, therefore additional 10 -feet would not apply to buildings over 200 -feet. The proposed 10 -foot allowance uses identical language and would apply to all blocks. Given existing buildings and allowed building heights ranging from 40 to 295 feet and the limited nature of the exception, staff has no concerns with the proposed change. 16-108 Newport Center Planned Community Amendments and Transfer of Development Planning Commission, September 17, 2015 Page 7 e) Modify parking requirements to eliminate the requirement for a parking management program for office uses in San Joaquin Plaza, change the parking ratios for Block 100, 400, and 800 Commercial Block from the Municipal Code to the parking ratios provided in Table 1 of the North Newport Center PCDP, and allow shared parking. The Municipal Code requires 1 parking space for every 250 net square feet of office use and medical uses require 1 space for every 200 gross square feet. Table 1 of the PCDP has a reduced ratio for non-medical office uses (1 space for every 375 square feet) and the same amount of parking for medical uses. As a result, the proposed change lowers the parking requirements for office uses. This change should not impact current conditions, as actual parking demand in Newport Center for office uses does not routinely exceed the current parking ratio. Shared parking is a way to utilize existing parking resources more efficiently and is a more sustainable solution compared to building additional parking spaces or parking structures. Shared parking, on an informal basis, has been successfully occurring in Newport Center with no noticeable impacts and the change proposed would officially sanction the current practice. Staff does not believe a review or approval process is necessary due to the success of past private parking management. f) Modify sign regulations to reflect approved signage programs issued by the Community Development Director pursuant to the North Newport Center PCDP regulations. The current regulations provide significant flexibility and signs require the approval of the Community Development Director. The Director can approve a wide variety of deviations and several Modification Permits for additional signs have been approved as the additional signs met the overall intent of the PCDP regulations. The proposed changes to the regulations reflect past approved signs. g) Update the sign type exhibits in the Appendix by replacing pages 26 through 35 (10 pages) with new pages 26 through 31 (6 pages) reflecting changes in signs since the adoption of the PCDP. The signs in Newport Center change over time as tenants come and go. The Irvine Company would like to update the photographs and the exhibits have been further modified making them more organized and efficient allowing a reduction of pages necessary to convey the same information. The net effect is negligible and the updated exhibits are more efficient and more useful. Summary The practice of transferring development within Newport Center has created a situation where the North Newport Center PCDP does not reflect approved uses or intensity of uses. The proposed amendments and transfer will remedy the situation and will allow continued use of a 21,161 square foot building in Block 100 ensuring that intensity limits 16-109 Newport Center Planned Community Amendments and Transfer of Development Planning Commission, September 17, 2015 Page 8 of the General Plan are not exceeded. The updated planned community district regulations and North Newport Center PCDP will facilitate more efficient and accurate administration going forward. Altarnativac The Commission can recommend denial of one or more of the requested applications. Additionally, the Commission can recommend changes to the proposed amendments to address specific concerns. If the transfer of development were not approved, one existing building within Block 100 would eventually need to be demolished to ensure that development intensity does not exceed the General Plan. Environmental Review Staff recommends the Planning Commission find the proposed amendments to the Block 500, Corporate Plaza, and Corporate Plaza West Planned Community District Regulations and the transfer of development exempt from and are not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. It can be seen with certainty that there is no possibility that the project could have a significant effect on the environment. No development would be authorized and all development within the affected planned communities is within the limits of the General Plan. The transfer of unbuilt development to Block 100 of the North Newport Center Planned Community will allow the continued use of an existing building and no new development would result. A traffic analysis was prepared under the supervision of the City Traffic Engineer and it concludes the transfer is trip neutral and no significant impact to traffic would result. Staff further recommends the Planning Commission find the proposed amendment of the North Newport Center Planned Community exempt from CEQA pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines because it has no potential to have a significant effect on the environment. The Class 1 exemption allows the alteration of existing structures involving negligible or no expansion of use and the Class 3 exemption allows construction of new, small facilities or structures and installation of small new equipment and facilities. The changes to planned community regulations do not authorize new uses or development and will not expand uses. The increase in height for architectural features and rooftop appurtenances are minor within the context of the existing and anticipated building heights as planned and regulated by the North Newport Center Planned Community District Plan. Puhlir Alntira Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of - 16 -110 Newport Center Planned Community Amendments and Transfer of Development Planning Commission, September 17, 2015 Page 9 way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: �� 6.7 h - James Campbell, Principal Planner Br n Wisnes i, ICP, Deputy Director Planning ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Map of Affected Planned Communities PC 3 General Plan Map of Newport Center PC 4 Proposed change to the North Newport Center PCDP PC 5 Proposed change to North Newport Center PCDP appendix PC 6 Proposed change to the Block 500 Planned Community PC 7 Proposed change to the Corporate Plaza Planned Community PC 8 Proposed change to the Corporate Plaza West Planned Community PC 9 Trip Transfer Analysis 16-111 16-112 Attachment No. PC 1 Draft Resolution with Findings and Conditions 16-113 16-114 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2015-003 AND TRANSFER OF DEVELOPMENT NO. TD2015-001 (PA2015-109) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The Irvine Company requesting approval of amendments to the North Newport Center Planned Community Development Plan (PCDP), Block 500 Planned Community District Regulations, and a Transfer of Development from the Corporate Plaza and Corporate Plaza West Planned Communities to the North Newport Center Planned Community Block 100. 2. The requested amendment to the North Newport Center PCDP updates development limits to reflect past transfers of development and adds two existing buildings (2071 and 2101 San Joaquin Hills Road) to subarea Block 500. The amendment also modifies height limits, allowed uses, parking requirements, and sign regulations. The proposed amendment to the Block 500 Planned Community District Regulations removes 2071 and 2101 San Joaquin Hills Road. The transfer of development application transfers unbuilt development from the Corporate Plaza (15,468 square feet) and Corporate Plaza West (5,693 square feet) Planned Communities to the North Newport Center Planned Community Block 100. The transfer of development will allow the continued use of a 21,161 square foot building within the North Newport Center Planned Community Block 100 and full occupancy of 520 Newport Center Drive and ensure that development limits of the General Plan are not exceeded. 3. Amendments to the Corporate Plaza and Corporate Plaza West Planned Community District Regulations have been included with the application to reduce the maximum development intensity allowed within the two planned communities to reflect the applicant's requested transfer of development. 4. A public hearing was held on September 17, 2015 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Planning Commission finds the proposed amendments to the Block 500, Corporate Plaza, and Corporate Plaza West Planned Community District Regulations and the transfer of development exempt from and not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA 16-115 Planning Commission Resolution No. #### Paqe 2 of 10 Guidelines, California Code of Regulations, Title 14, Chapter 3. It can be seen with certainty that there is no possibility that the project could have a significant effect on the environment. No development would be authorized and all development within the affected planned communities is within the limits of the General Plan. The transfer of unbuilt development to Block 100 of the North Newport Center Planned Community will allow the continued use of an existing building and no new development would result. A traffic analysis was prepared under the supervision of the City Traffic Engineer and it concludes the transfer is trip neutral and no significant impact to traffic would result. 2. The Planning Commission further finds the proposed amendment of the North Newport Center Planned Community exempt from CEQA pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines because it has no potential to have a significant effect on the environment. The Class 1 exemption allows the alteration of existing structures involving negligible or no expansion of use and the Class 3 exemption allows construction of new, small facilities or structures and installation of small new equipment and facilities. The changes to planned community regulations do not authorize new uses or development and will not expand uses. The increase in height for architectural features and rooftop appurtenances are minor within the context of the existing and anticipated building heights as planned and regulated by the North Newport Center Planned Community District Plan. 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. Planned Community Development Plan Amendment No. PD 2015-003 1. The requested amendment of the North Newport Center Planned Community is appropriate and will update the regulations reflecting past approved and proposed transfers of development allowing for more efficient and accurate administration of regulations. Adding 2071 and 2101 San Joaquin Hills Road to the PCDP is appropriate and will regulate these sites consistent with the adjacent office buildings currently within the PCDP. The changes to permitted uses, height regulations, parking regulations, and sign regulations are appropriate and acceptable and will appropriately implement the General Plan and avoid land use conflicts. 2. The requested amendment of the Block 500 Planned Community District Regulations is appropriate and is necessary to maintain consistency with the proposed changes to the North Newport Center PCDP. 16-116 Planning Commission Resolution No. #### Paqe 3 of 10 3. The amendments to the Corporate Plaza and Corporate Plaza West Planned Community District Regulations to reduce the maximum development intensity are appropriate and will maintain consistency with the General Plan and Transfer of Development No. TD 2015-001. Transfer of Development No. TD 2015-001 1. General Plan Policy LU 6.14.3 allows development rights to be transferred within Newport Center as long as the transfer is consistent with the intent of the General Plan and will not result in any adverse traffic impacts. The Newport Center Planned Community Development Plan includes procedures that implement General Plan Policy LU 6.14.3 that requires transfers to be trip neutral. 2. The General Plan designates the recipient site Block 100 and Corporate Plaza, one of two donor sites, as CO -R (Regional Commercial Office) that are intended to provide for administrative and professional offices that serve local and regional markets with limited accessory retail, financial, service, and entertainment uses. Corporate Plaza West, the second donor site, is designated CO -G (General Commercial Office), which is intended provide for administrative, professional, and medical offices with limited accessory retail and service uses; hotels, motels, and convalescent hospitals are not permitted. The transfer of office development intensity with no change of land use between these office blocks is consistent with the land use designations of the General Plan. 3. A trip transfer analysis titled North Newport Center Trip Transfer No. 8 (Stantec Consulting Services Inc., August 5, 2015) was prepared for the transfer of development application in compliance with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan. The proposed transfer is a transfer of office uses on a square foot per spare foot basis and does not include a conversion of land uses. The trip transfer analysis found the transfer is trip neutral and would not generate a significant impact to area intersections. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Planned Community Development Plan Amendment No. PD2015-003 as shown in the following exhibits: Exhibit A: Changes to the North Newport Center Planned Community Development Plan Exhibit B: Changed pages of the North Newport Center Planned Community Development Plan Appendix Exhibit C: Changes to the Block 500 Planned Community District Regulations Exhibit D: Changes to the Corporate Plaza Planned Community District Regulations Exhibit E: Changes to the Corporate Plaza West Planned Community District Regulations 16-117 Planning Commission Resolution No. #### Paqe 4 of 10 2. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Transfer of Development No. TD2015-001 consisting of; 1) the transfer 15,468 square feet of office intensity from Corporate Plaza to the North Newport Center Planned Community Block 100, and 2) the transfer 5,693 square feet of office intensity from Corporate Plaza West to the North Newport Center Planned Community Block 100; subject to the conditions of approval contained in Exhibit F. PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF SEPTEMBER, 2015. AYES: NOES: ABSTAIN: ABSENT: Kory Kramer, Chairman Peter Koetting, Secretary 16-118 Planning Commission Resolution No. #### Paae 5 of 10 Exhibit A Changes to the North Newport Center Planned Community Development Plan 16-119 Planning Commission Resolution No. #### Paae 6 of 10 Exhibit B Changed pages of the North Newport Center Planned Community Development Plan Appendix 16-120 Planning Commission Resolution No. #### Paae 7 of 10 Exhibit C Changes to the Block 500 Planned Community District Regulations 16-121 Planning Commission Resolution No. #### Paae 8 of 10 Exhibit D Changes to the Corporate Plaza Planned Community District Regulations 16-122 Planning Commission Resolution No. #### Paae 9 of 10 Exhibit E Changes to the Corporate Plaza West Planned Community District Regulations 16-123 Planning Commission Resolution No. #### Paqe 10 of 10 Exhibit F Condition of Approval 1. To the fullest extent permitted by law, The Irvine Company shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the North Newport Center Amendments and Transfer of Development (PA2015-109). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 16-124 Attachment No. PC 2 Map of Affected Planned Communities 16-125 16-126 FS iewport_center PC -40 00 Feet PC -56 PC -17 RF Legend PC -17 - Corporate Plaza ° PC -40 - Corporate Plaza West PC -46 - Block 500 PC -56 - North Newport Center SPN�P Civic SAN M�GUE 16-127 'p�gWPORT Newport Center Planned Community Amendments9<,oa�P Transfer Development (PA2015-109). City of Newport Beach and of GIS Division September 01, 2015 16-127 16-128 Attachment No. PC 3 General Plan Map of Newport Center 16-129 16-130 0 16-132 Attachment No. PC 4 Proposed change to the North Newport Center PCDP 16-133 16-134 North Newport Center Planned Community Development Plan Land Uses, Development Standards Et Procedures Adopted December 18, 2007, Ordinance No. 2007-20 (PA 2007-151) Amended November 24, 2009, Ordinance No. 2009-28 (PA 2009-111) Amended May 24, 2011, Ordinance No. 2011-16 (PA 2011-017) Amended July 24, 2012, Ordinance No. 2012-19 (PA 2012-020) Amended , 2015, Ordinance No. 2015- (PA 2015- ) 16-135 [this page intentionally blank] 16-136 Contents I. Introduction and Purpose of Development Plan................................................................................. 1 A. Sub -Area Purpose............................................................................................................................. l B. Relationship to Municipal Code.....................................................................................................10 C. Relationship to North Newport Center Design Regulations...........................................................10 II. Land Use and Development Regulations..........................................................................................11 A. Permitted Uses................................................................................................................................ l l B. Development Limits.......................................................................................................................12 C. Transfer of Development Rights....................................................................................................14 III. Site Development Standards.............................................................................................................15 A. Permitted Height of Structures.......................................................................................................15 B. Setback Requirements....................................................................................................................16 C. Parking Requirements....................................................................................................................18 D. Landscaping...................................................................................................................................19 E. Lighting..........................................................................................................................................19 F. Signs...............................................................................................................................................19 G. Residential Compatibility............................................................................................................... 24 H. Residential Open Space Requirements........................................................................................... 24 IV. Planned Community Development Plan Administration.................................................................. 25 A. Process for New Structures............................................................................................................ 25 B. Process for New Signs.................................................................................................................... 26 C. Transfer of Development Rights.................................................................................................... 26 V. Definitions.........................................................................................................................................29 Appendix A — Design Regulations 16-137 [this page intentionally blank] 16-138 I. Introduction and Purpose of Development Plan The North Newport Center Planned Community district is comprised of seven sub -areas that include Fashion Island, Block 600 and Block 800 and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza. The sub -areas that comprise North Newport Center shall be governed by the North Newport Center Planned Community ("PC") Development Plan set forth herein, which includes land uses, development standards, and administration. The City of Newport Beach Municipal Code allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The North Newport Center PC Development Plan serves as the controlling zoning ordinance for the sub -areas identified in the Planned Community Development Plan and is authorized and intended to implement the provisions of the Newport Beach General Plan. A. Sub -Area Purpose Newport Center is a regional center comprised of major retail, professional office, entertainment, recreation, and residential development within the City of Newport Beach. The North Newport Center site comprises approximately 4-6-9170.3 acres along San Joaquin Hills Road and Newport Center Drive. The seven sub -areas that make up the site including Fashion Island (75 acres), Block 100 (10 acres), Block 400 (4 acres), Block 500 (4516.3 acres and a 0.4 -acre open space area at the corner of MacArthur Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (17 acres), and San Joaquin Plaza (23 acres) are shown on Figure 1 and are described below. The General Plan identifies the goal of creating a successful Mixed -Use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub -region, with expanded opportunities for residential development. Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. Figure 2, Fashion Island Sub -Area, shows the boundary of Fashion Island. The Commercial Office blocks include Block 100 (Figure 3), Block 400 (Figure 4) and a portion of Block 800 also referred to as Pacific Financial Plaza. Block 100 is generally comprised of administrative and professional offices that serve local and regional markets. Other uses permitted in the block include limited accessory retail, financial, service and entertainment uses. Block 400 is generally comprised of commercial office, with medical related offices and retail use. The Pacific Financial Plaza portion of Block 800 is generally comprised of commercial office and restaurant uses. The Mixed -Use blocks include Block 500 (Figure 5), Block 600 (Figure 6), and San Joaquin Plaza (Figure 7). The Mixed -Use blocks are generally composed of administrative, professional, and financial office uses. Block 600 contains hotel and related ancillary uses. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed -Use concept as established in the General Plan. Permitted uses for the Mixed -Use blocks include offices, light general commercial, hotel, residential and other mixed uses in accordance with the General Plan MU -H3 land use designation. The residential portion of Block 800 (Figure 8) allows for multi -family residential or senior citizen housing uses. While not categorized as a mixed-use area, Block 800 contains two distinct uses which are not interchangeable. The northern portion of Block 800 is designated for residential use and the southern portion is commercial office. The boundaries of the Mixed -Use blocks included in this Development Plan are shown in Figure 5, Block 500 Sub -Area, Figure 6, Block 600 Sub -Area, and Figure 7, San Joaquin Plaza Sub -Area, respectively. 16-139 Figure 1- North Newport Center Planned Community 16-140 HN Figure 2 — Fashion Island Sub -Area 16-141 CeI7ter Drive 0 J Fara�� ❑ Planned Community ❑ Not included in Planned Community HN Figure 3 — Block 100 Sub Area 16-142 M Planned Community ❑ Not included in Planned Community D Figure 4 — Block 400 Sub Area 16-143 4 San Joaquin Hills Rd 0 Planned Community 0 Not included in Planned Community HN Figure 5 — Block 500 Sub -Area 16-144 W Sem Joa Ra M port Center a ti O e C; F71 Planned Community LINot included in Planned Community HN Figure 6 — Block 600 Sub -Area 16-145 I San Joaquin Hills Rd © CO Q Z Santa_ ❑ Planned Community Not included in Planned Community Figure 7 — San Joaquin Plaza Sub -Area 16-146 M San Clemente Drive ❑ Planned Community ❑ Not included in Planned Community R = Residential CO = Commercial Office Figure 8 - Block 800 Sub -Area 16-147 B. Relationship to Municipal Code Whenever the development regulations of this plan conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall regulate this development whenever regulations are not provided within these district regulations. All words and phrases used in this North Newport Center PC Development Plan shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in Section V — Definitions. The Municipal Code referred to herein for Blocks 500, 600, San Joaquin Plaza, and Fashion Island is the version of the Code in effect on December 18, 2007 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). The Municipal Code referred to herein for Blocks 100, 400 and 800 is the version of the Code in effect on June 5, 2012 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). C. Relationship to North Newport Center Design Regulations Development in North Newport Center shall be regulated by both the Development Plan and the Design Regulations, which is provided as Appendix A. 16-148 II. Land Use and Development Regulations A. Permitted Uses 1. General Permitted uses are those uses set forth in this Section for each sub -area as shown on Table 1. The uses identified within the table are not comprehensive but rather major use categories. Specific uses are permitted consistent with the definitions provided in Section V of this Development Plan. Uses determined to be accessory or ancillary to permitted uses, or residential support uses to permitted uses are also permitted. The community Development Director may determine other uses not specifically listed herein, provided they are consistent with the Commercial Office, Regional Commercial, Mixed -Use, and Residential General Plan districts, the purpose of this Planned Community Development Plan, and the purpose of the sub -area in which the property is located. Table 1 - North Newport Center Land Use Regulation Table Uses Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 Commercial Residentia Office I San Joaquin Plaza Banks/Savings and Loans P P P P P P P - With drive through services MUP MUP MUP MUP MUP MUP MUP Business, Government and Professional P P P P P P Emergency Healthcare Pi P P P P P Management and Leasing Offices P P P P P P P Office, Medical and Dental P P P P P P Public Safety Facilities P MUP MUP P P MUP P Commercial Recreation and Entertainment P UP UP MUP MUP UP MUP Cultural and Institutional UP UP UP P P UP P Day Care P P} P1 P P P1 P Day Spas MUP MUP2 MUP2 MUP MUP MUP2 MUP Eating and Drinking Establishments P* MUP MUP P** P** MUP P** - Bars/Cocktail Lounges MUP UP UP UP UP UP UP Personal Improvement MUP MUP MUP P P MUP P - Health/Fitness Clubs MUP MUP A4P P P MUP P+ P Personal Services P Pi Pi P P Pi P P Residential P P P P Retail Sales P Pi Pi P P Pi P+ P Animal Sales and Services MUP MUP MUP MUP Medical Retail P P" P" P P P" P Visitor Accommodations UP UP UP UP UP UP UP P = Permitted UP = Use Permit MUP = Minor use Permit Issued by the Running Community Development Director 1 = Permitted as Accessory/Ancillary Use 2 = In accordance with Chapter 20.87 of the Municipal Code * = A Minor Use Permit Issued by the Planning Community Development Director is required for the sale of alcohol ** = A Use Permit is required for the Sale of Alcohol + = Intended for Residential Support Use ++ = Accessory and ancillary medical retail, including those in freestanding structures, shall remain subordinate to principal uses -- = Not Permitted 16-149 2. Open Space Corners The passive landscape areas on the following corners shall be limited to landscaping, and permitted signage. San Joaquin Hills Road and Avocado, Avocado and San Nicolas Drive (northwest and southwest corners), Avocado and San Miguel (northwest), San Joaquin Hills Road and Santa Rosa Drive (southwest and southeast), San Joaquin Hills Road and Santa Cruz Drive (southwest and southeast corners), San Joaquin Hills Road and Jamboree Road and San Joaquin Hills Road and MacArthur Boulevard. 3. Special Events The general regional Mixed -Use nature of North Newport Center results in a variety of special events and temporary uses throughout the year. Special community events, such as parades, trade shows, car shows, pageants, community concerts, outdoor displays, recreation/entertainment events and temporary structures are permitted within the North Newport Center Planned Community consistent with the following provisions: a. If the event takes place on private property within Fashion Island the event is not regulated so long as it does not displace required parking. Such events must comply with the City's Municipal Code related to noise control and other pertinent standards. b. If the event takes place anywhere else within North Newport Center or the public right- of-way, such events are permitted as long as they comply with the Municipal Code. B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan and are identified in Table 2 below. Development limits may be modified through the approval of a Transfer of Development Rights. Carts, kiosks, temporary and support uses are permitted and are not counted towards square footage development limits. 16-150 Table 2 - Development Limits (A) M. OgUafe IUULage IIIUICa LeU III I alAE L May FICA Felle(A WffeIII UCVCIUPIIICIIL IIIIIILS Up wdl,!W7 UI LIIV LIW ISIpI UI WVtMPIIICIIL IILYIILS PIUVISIUII WWAIUM in Sections ILC and IV.0 herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights. C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. In 2015 TDR 2014-2 re-established 99,953 square feet of commercial offic intensity.Trans*s have roc11142d in AQ FAMAiRifl .n+onci+„ .n QInnL 1!1!1 D. 1. Fashion Island The total gross floor area for Fashion Island is 1,6'z 19,5251,523,416 square feet plus 1-,700-680movie theater seats. The movie theater building area is equivalent to and may be converted to 27,50 )11,000 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed -Use Sub -Areas The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 residential units and 295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for the commercial office blocks is specified in Table 2 above. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts 16-151 Fashion San Joaquin Land Use Island Block 100 Block 400 Block 500 Block 600 Block 800 Plaza Total Regional 1;611 1523 0 0 0 0 0 0 1,619,525 Commercial 416 sq. ft. 1,523,416 sq. ft. Movie 1,,700 680 seats 0 0 0 0 0 0 1,700680 seats Theater {27,58011,000 (270811,000 sq. ft.) sq. ft.} Hotel (B) 0 0 0 295 0 0 295 Residential 0 0 0 0 0 245 524 769 Office/ 0 -- Commercial 121,114 sq. 91,727 sq. ft. 599,659 1,340;609 286,166 95,550 sq. ft. 2,413,711 ft. 623,525 sq. 1,353,399 sq. {D} 2,571,481 sq. ft. (C) ft. (D) ft. {s} M. OgUafe IUULage IIIUICa LeU III I alAE L May FICA Felle(A WffeIII UCVCIUPIIICIIL IIIIIILS Up wdl,!W7 UI LIIV LIW ISIpI UI WVtMPIIICIIL IILYIILS PIUVISIUII WWAIUM in Sections ILC and IV.0 herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights. C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. In 2015 TDR 2014-2 re-established 99,953 square feet of commercial offic intensity.Trans*s have roc11142d in AQ FAMAiRifl .n+onci+„ .n QInnL 1!1!1 D. 1. Fashion Island The total gross floor area for Fashion Island is 1,6'z 19,5251,523,416 square feet plus 1-,700-680movie theater seats. The movie theater building area is equivalent to and may be converted to 27,50 )11,000 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed -Use Sub -Areas The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 residential units and 295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for the commercial office blocks is specified in Table 2 above. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts 16-151 at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Support uses are not included in the square footage development limits and shall not require parking. 4. Block 800 Residential The maximum number of dwelling units for multi -family residential use shall not exceed 245. C. Transfer of Development Rights The transfer of development rights among sub -areas of this Planned Community and to/from other areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in accordance with the General Plan. Development rights may be transferred through a change in location of use(s) and/or a conversion of non-residential use to any other non-residential use allowed by the General Plan and this Planned Community Development Plan or applicable zoning at the receiving site(s). Residential use may be relocated, but may not be converted to or from another use. The transfer of development rights shall be approved, as specified in Section IV.0 below, if the transfer will not result in any adverse traffic impacts and will not result in greater intensity than development allowed without the transfer. 16-152 III. Site Development Standards The following site development standards shall apply to the North Newport Center Planned Community. A. Permitted Height of Structures 1. Standards for Allowable Heights Allowable heights are determined by sub -area. All building heights are measured at finished grade. Rooftop appurtenances and architectural features are permitted and may exceed the maximum building height by to 10 feet. Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. Architectural features must be an extension of the architectural stvle of the buildinc in terms of materials, design and color. Fashion Island: The maximum heights of structures within Fashion Island are depicted in Table 3, Fashion Island Height Limits. Table 3 — Fashion Island Height Limits Building Type Height Major Buildings 125' Mall Buildings 75' Parking Structures 55' Periphery Buildings 40' Block 100: The maximum height of all structures shall be 50 feet as measured from finished grade. Blocks 400, 500, and 600: The maximum height of all structures shall be 295 feet as measured from finished grade. Block 800: The maximum height of all structures within the residential portion shall be 200 feet as measured from finished grade. The maximum height of all structures within the commercial office portion shall be 125 feet as measured from finished grade. San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65 feet as measured from finished grade. 2. Standards for Buildings Over 200 Feet in Height a. Aviation Compatibility Prior to issuance of building permits, the project applicant must demonstrate that the following conditions have been satisfied. New development shall be required to comply with the following conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport: 1. For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (FAA Form 7460-1). Following the 16-153 FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the North Newport Center Planned Community area shall penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. b. Shade Standards Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time, or for more than four hours between the hours of 9:00 a.m. and 5:00 p.m. Pacific Daylight Time. The shade study shall be prepared to the satisfaction of theCommunity Development Director and the community Development Director shall determine conformance with the standards identified herein as part of the plan review process. C. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop appurtenances shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of the screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. The Community Development Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV(A)(3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). The community Development Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV (A)(3). B. Setback Requirements Setbacks for the seven sub -areas are listed below. Setbacks for surface parking must be screened using hedges, landscaping or other similar methods. Setbacks are the minimum distance from the property line to building, parking structure, or parking lot, unless otherwise specified. This is not intended to apply to interior lot lines or property lines. 16-154 Fashion Island Newport Center Drive: 10 feet; may be reduced to 0 feet by the community Development Director through the plan review process. Block 100 Newport Center Drive: 15 feet Anacapa Drive: 15 feet Farallon Drive: 15 feet Block 400 Newport Center Drive: 15 feet San Nicolas Drive: 15 feet Block 500 Newport Center Drive: 15 feet Santa Rosa: 15 feet San Joaquin Hills: 15 feet San Nicolas: 15 feet Block 600 Newport Center Drive: 15 feet Santa Cruz: 15 feet San Simeon: 15 feet — setbacks for parking structure access points may be reduced by the aifig-Community Development Director through the plan review process San Joaquin Hills: 15 feet — setbacks for parking structure access points may be reduced by the Community Developments Director through the plan review process Santa Rosa: 15 feet Center Drive (e/w): 0 feet Center Drive (n/s): 0 feet Block 800 Newport Center Drive: 15 feet Commercial office buildings shall be set back 15 feet from Block 800 residential Commercial office parking lots and parking structures shall be set back 5 feet from Block 800 residential Santa Barbara Drive: 15 feet San Clemente Drive: 15 feet Santa Maria Road: 0 feet San Joaquin Plaza San Joaquin Hills: 15 feet Santa Cruz: 15 feet San Clemente: 15 feet Santa Barbara: 15 feet 16-155 C. Parking Requirements 1. General Standards Parking requirements are based on gross floor area (as defined in the Development Limits for Fashion Island) for regional commercial uses, net floor area for office/commercial uses, and unit counts for hotel rooms and residential units. Kiosks for retail sales, covered or uncovered, shall not be included in the calculation of required parking. Accessory, ancillary, and support uses for hotel and residential developments shall not be included in the calculation of required parking. Kiosks and sundry shops serving tenants, including accessory, ancillary and support uses less than 5 percent of the gross floor area, are not counted as square footage and do not require parking. Parking management or engineering offices located in parking structures are counted as square footage and require parking. Parking requirements for North Newport Center are shown below on Table 4, North Newport Center Parking Requirements. Table 4 - North Newport Center Parking Requirements Land Use Parking Requirement Regional Commercial 3 spaces per 1,000 square feet' Movie Theater 3 spaces per 1,000 square feet Office 1 space per 375 square feet Medical Office Municipal Code Hotel Municipal Code Residential 2 spaces per unit includes 1 covered; plus 0.5 spaces per unit up to 50 units, then 0.25 spaces per unit thereafter for guest parking Other Municipal Code FE)f effiee uses in San jeaquin Plaza, a pafk4ng management plan shall be fequifed to t1filize the management plan is not pfepafed fef effiee uses in San jeaquin Plaza, pafk4ng shall be-pfevided pRf pied per the C—eA_ . Shared parking among and between sites, lots, blocks, and sub- areas is allowed. Parking for Block 800 Residential shall be provided at 2 parking spaces per unit including 1 covered; plus 0.5 spaces per unit for guest parking. 2. Valet Parking Valet parking and satellite parking with shuttle service that involves use of the public right-of-way shall require approval by the City Traffic Engineer. 3. Parking Management Plan Parking management plans may be prepared if the applicant wishes to deviate from the parking standards identified above. Parking management plans may address issues such as modified parking requirements based upon complimentary peak hour demand of uses, off peak shared parking between sub -areas, drop off and valet services on private property, and tandem parking. The parking management plan shall take into The parking requirement during the peak seasonal period is 4 spaces per 1,000 square feet per an existing parking management plan. 16-156 account properties that are not part of the Planned Community district, but that are served by parking located within the district, and shall ensure that no detrimental effects to the existing parking for such properties occur. Parking management plans shall be prepared by an independent traffic engineer at the applicant's expense. Parking management plans shall be approved by the City Traffic Engineer prior to the issuance of building permits. A Landscaping Landscaping shall be installed subject to the following standards and maintained in a healthy, weed - free condition, free of litter and so as not to interfere with traffic safety Surface Parking Lot Landscaping: Parking lots shall be landscaped at a minimum of 1 tree per 5 parking spaces. The minimum size of trees shall be 24 -inch box. 2. Water Conservation: Satellite linked irrigation controllers or appropriate best manage- ment practices shall be incorporated into landscape design for new construction. E. Lighting Parking lots and walkways accessing building and parking areas shall be illuminated with a minimum maintained 0.5 foot-candle average on the driving or walking surface during the hours of operation and one hour thereafter. If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the D g—Community Development Director for review and approval. Indirect, decorative halo banding along the top of buildings is permitted. F. Signs 1. General Sign Standards All permanent and temporary signs in North Newport Center that are visible from public right-of- ways and public property shall be consistent with the provisions of these sign standards, unless otherwise approved by the Dg—Community Development Director. All permanent and temporary signs that are not visible from public right-of-ways are not limited in quantity, size, location, or design. Sign illumination is permitted for all sign types. Wall signs that are visible from public right-of-ways must consist of individual fabricated letters; or routed -out letters in an opaque background. Enclosed "box" or "can" signs are not permitted, unless they are logos. All commercial uses are permitted to place at each entry an incidental sign located at or below eye level to be visible to pedestrians, and shall not exceed six square feet. In addition to other signs permitted in this section, signs used to give direction to vehicular or pedestrian traffic are permitted. Directional signs oriented to vehicular or pedestrian traffic within internal drives or walkways of a development block are not regulated. Directional signs oriented to vehicular or pedestrian traffic in the public right of way are regulated as follows. Sign content shall not be limited. Signs shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code. Directional signs are limited to a maximum of 10 square feet in size but are not limited in quantity, location, or design. Temporary signs that are intended to be displayed for 60 days or less are permitted for purposes related to special 16-157 events, holiday activities, and store openings. Detailed standards for temporary signs are contained below. A comprehensive sign program may be prepared if the applicant wishes to deviate from the sign standards identified herein. Comprehensive sign programs shall be submitted for review and consideration in accordance with the provisions of the Municipal Code. Sign programs in place prior to this writing including the Island Hotel and Leasing Sign Programs shall remain in place. 2. Restricted Sign Types Signs visible from public right-of-ways are subject to the following restrictions: a. No rotating, flashing, blinking, or signing with animation shall be permitted on a permanent basis. b. No signs shall be permitted which imitate or resemble official traffic signs or signals. C. No wind signs or audible signs are permitted. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. 3. Sign Standards for Fashion Island In addition to the general sign standards identified above, specific sign standards for Fashion Island are provided in Table 6, Fashion Island Sign Standards below. Table 6 — Fashion Island Sign Standards Sign Type Shopping Center Identification Sign Major Tenant Sign Freestanding Commercial Location Each vehicle entry drive location Exterior walls or parapets of buildings Exterior walls or parapets of buildings Monument Maximum Number 2 per entry drive (one on each side) 1 sign per building elevation (maximum 4 signs for each major 1 sign per building elevation (maximum 4 signs for each building or structure) 1 per building Maximum Sign Size 100 square feet 10 feet high Determined by name of tenant; letter/logo height not to exceed 10 feet Determined by name of tenant; letter/logo height not to exceed 3 feet 50 square feet 5 feet high Maximum Letter/ Logo Height 9 feet 10 feet 3 feet 4.5 feet Tenant Sign Exterior elevations of shopping 1 sign per tenant, per 1 square foot per each 10 feet center and parking structures building elevation lineal foot of storefront facing Newport Center Drive (not to exceed 100 square feet) Theater Signs Facing Newport Center Drive 2 300 square feet Theater name: (exterior wall or parapet of 20 feet high 5 feet building which theater occupies, Each show title: free standing, or on adjacent 3 feet high parking structure) 15 feet wide Store Address Each entry to store 1 per store entry 6 square feet 12 inches Entry Marker Signs To be approved by Planning 7 signs 36 square feet (with 2- 2 feet Community Development Director foot overhang) 15 feet high 16-158 4. Sign Standards for Mixed -Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed -Use blocks, Block 100, Block 400, and Block 800 are provided in Table 7 below. The location of signs specified below may be changedsubject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code, so long as the total number of signs in not increased. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which have their primary address numbers on the cubes along Newport Center Drive. Secondary address signs may be located where appropriate for on-site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 — Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza 16-159 Maximum Sign Maximum Sign Letter/Logo Type Description Location Maximum Number Size Height A Large cube or blade Santa Rosa Drive 2 15 feet high 24 inches sign located at at San Joaquin Hills Road (1 per corner) 15 feet wide Santa Cruz Drive 2 15 feet high 24 inches entries to Newport Center at San Joaquin Hills Road (1 per corner) 15 feet wide Block 500: 4 15 feet high 24 inches at San Joaquin Hills Road / Avocado 4 15 feet wide 24 inches Bleck On- 1 15 feet high 24 in4 at San Nicolas / Avocado 1- 15 feet wide MacArthur Boulevard 15 feet high at San Joaquin Hills Road 45#eet IAMA San Joaquin Plaza: 1 15 feet high 24 inches at Jamboree / San Joaquin Hills Road 15 feet wide B Small cube located San Nicolas Drive 2 5 feet high 5 inches along Newport at Newport Center Drive (1 per corner) 5 feet wide Newport Center Drive 2 5 feet high 5 inches Center Drive and Santa Rosa (1 per corner) 5 feet wide Block 600: 5 5 feet high 5 inches Along Newport Center Drive 5 feet wide Block 800: 4-2 5 feet high 5 inches Newport Center Drive and 5 feet wide at Santa Maria Road at Santa Barbara Drive C Other Freestanding Block 100 1 per frontage 5 feet high 10 inches Signs 10 feet wide Block 400: Avocado at San Miguel 2 5 feet high 13 inches Along San Nicolas 1 6 feet wide Between 500 and 550 Newport Center 1 4 feet high 18 inches Drive 12 feet wide Block 600: 2 7 feet high 18 inches Along Santa Cruz Drive 22 feet wide 16-159 16-160 Maximum Sign Maximum Sign Letter/Logo Type Description Location Maximum Number Size Height Block 800: Along Newport Center Drive 42 5-6 feet high 44/248 inches 25-10 feet wide Along Santa Barbara Drive 1 3-54 feet high 25/24 inches 4,9-6 feet wide Santa Cruz Drive 1 15 feet high 24 inches at Newport Center Drive 15 feet wide San Joaquin Plaza: 6 feet high 5 1/2 inches for Along San Joaquin Hills Road 1 each 12 feet wide Tenant ID; ; Santa Cruz Drive; (3 signs along 18 inches for San Clemente Drive San Clemente Drive) Project ID San Clemente Drive 1 5 feet high 18 inches at Santa Cruz Drive 12 feet wide San Clemente Drive 1 5 feet high 18 inches at Santa Barbara 16 feet wide D Block 400: 1 Determined by 18 inches Signs mounted on landscape walls (includes ground mounted signs in front of landscaping and landscape walls) facing Newport Center Drive name of tenant; letter/logo height not to exceed 18 inches Block 500: facing Newport Center Drive 4 Determined by name of tenant; 26 inches letter/logo height not to exceed 26 inches Block 600: 2-3 facing San Determined by 18 inches facing streets Joaquin Hills; name of tenant; 5 facing Newport letter/logo height Center Drive; not to exceed 18 1 facing Santa Rosa inches Block 800: 2 Determined by Winches at San Clemente project entry name of tenant; letter/logo height not to exceed 36 inches Block 800: 1 Determined by Winches at San Clemente / Santa Barbara name of tenant; letter/logo height not to exceed 36 inches Block 800 1 Determined by 40 inches Along Newport Center Drive name of tenant; letter/logo height not to exceed 40 inches E Building Sign On building elevation, awning or 2 per Primary Tenant Determined by Primary parking structure 1 per Secondary name of tenant; Tenant - Tenant letter/logo height 24 inches 3 for restaurants not to exceed: Secondary Primary 24 Tenant - inches, Secondary 16 inches 16 inches Restaurant: Restaurant: 40 40 inches inches high 16-160 5. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under develop- ment or offered for lease. Temporary signs that are visible from public right-of-ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60 -day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same corner of the building. Type: Single- or double-faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall signs, they must be located below the sill of second floor windows. Design: Rectangular shape; rigid, permanent material; not fabric. Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. 16-161 Maximum Sign Maximum Sign Letter/Logo Type Description Location Maximum Number Size Height F Building Address On building elevation 1 each 24 inches high 24 inches (additional address signs may be located where appropriate for on-site orientation) G Freestanding Santa Rosa Drive at Newport Center 1 each 8 feet high 18 inches Building Address Drive; San Nicolas Drive at Newport 6 feet wide Center Drive; Santa Cruz at Newport Center Drive; San Joaquin Hills Road 2 28 inches H Advisory Signs Parking Lots and As appropriate for 6 feet high As required by Entries to Parking Lots safety and orientation Fire Department or Building Code for safety purposes Drive Through Drive Throughs 1 per tenant per 8 feet wide 15 inches Signs elevation, up to 2 on walls of structure J Apartment Leasing Signs Block 800 1 per frontage 5 feet high by 3 24 inches feet wide panel on post K Office Leasing Blocks 100, 400, 500, 600, 800 and 1 per frontage 4.5 feet high by 5 7 inches Signs San Joaquin Plaza feet wide 5. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under develop- ment or offered for lease. Temporary signs that are visible from public right-of-ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60 -day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same corner of the building. Type: Single- or double-faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall signs, they must be located below the sill of second floor windows. Design: Rectangular shape; rigid, permanent material; not fabric. Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. 16-161 G. Residential Compatibility In keeping with the purpose of Fashion Island and the Mixed -Use sub -areas, permitted uses in North Newport Center include uses and events that have the potential to generate noise. Due to the day/evening use of Fashion Island in particular, noise generating activities, lighting, odors from restaurants, and similar occurrences are produced and take place during all hours of operation. Such uses and events are required to comply with the City's Municipal Code regulating these uses. Disclosures shall be made to prospective buyers/tenants of residential developments that there is an expectation for noise levels higher than in typical suburban residential areas as part of the Mixed -Use concept within North Newport Center. Additionally, the disclosure shall indicate that there is an expectation for lighting, odors and similar occurrences in a Mixed -Use setting as compared to suburban residential areas. H. Residential Open Space Requirements The following open space standards shall apply to residential development projects: 1. Common Outdoor Open Space Each project shall provide common outdoor open space either at grade, podium level, or roof level. Common outdoor open space areas shall have a minimum dimension of 30 feet and may contain active and/or passive areas and a combination of hardscape and landscape features, but a minimum of 10 percent of the common outdoor open space must be landscaped. All common outdoor open space must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor open space based on the residential lot area. 2. Common Indoor Space Each project shall provide at least one community room of at least 500 square feet for use by all residents of the project. The area should be located adjacent to, and accessible from, common outdoor open space. This area may contain active or passive recreational facilities or meeting space, and must be accessible through a common corridor. 3. Private Open Space At least 50 percent of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace, with a minimum area of 30 square feet each and an average horizontal dimension of 6 feet. Balconies should be proportionately distributed throughout the project in relationship to floor levels and sizes of units. For any project 8 acres or larger, open space shall be provided in accordance with the General Plan. 16-162 IV. Planned Community Development Plan Administration A. Process for New Structures 1. Purpose and Intent The purpose of the Plan Review process is to provide for review of development proposals for new structures within the North Newport Center Planned Community district. Prior to the issuance of a building permit, all development proposals shall be subject to a Plan Review by the Planning Community Development Director for review to determine compliance with the Planned Community Development Plan and North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary structures and uses are exempt from this provision. 2. Submittal Contents Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough review of the relationships between uses on the site and on adjacent sites consistent with the Development Plan and the Design Regulations. At the discretion of the D g—Community Development Director, the requirements for submittal of a Plan Review may be altered from those set forth below when the Director determines that other information will be sufficient to allow a thorough review of the project by the approving authority. Submittals for Plan Review shall include plans that contain the following elements in addition to the City's submittal requirements for plan check: a. Existing Conditions including adjacent structures and proposed improvements b. Floor Plans C. Elevations that clearly demonstrate the architectural theme of each face of all structures, including walls and signs, illustrating the following: 1) All exterior materials 2) All exterior colors 3) Building heights d. Parking management plan (where applicable) e. Preliminary Landscape Plan, illustrating: 1) General location of all plant materials, by common and botanical names 2) Size of plant materials 3) Irrigation concept f. Lighting Plan, including: locations, fixture height, lighting fixture product type and technical specification g. Permitted and proposed floor area, number of hotel rooms, theater seats, and/or residential units h. Statement of consistency with the General Plan, Planned Community Development Plan and Design Regulations i. Any additional background and supporting information, studies or materials that the community Development Director deems necessary for a clear representation of the projects j. Shade analysis if required k. Open Space Plans for residential projects 16-163 3. Review and Action Submittals shall be reviewed by the community Development Director, and the Planning Community Development Director shall approve the project if he/she makes the following findings: a. The proposed use and/or development is consistent with the General Plan. b. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations. The community Development Director shall notify the Planning Commission and City Council if deviations from the height limit are approved. The Community Development Director action is the final action unless appealed in accordance with the Municipal Code. B. Process for New Signs Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall be reviewed for consistency with the Development Plan and Design Regulations. C. Transfer of Development Rights The following procedure shall be used for the transfer of development rights. The project applicant shall submit an application to the Community Development Director, which identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be relocated, and the sending and receiving sites. If the requested transfer includes the conversion of non-residential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. 2. The City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE's "Trip Generation," unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in the Traffic Phasing Ordinance of the Municipal Code, except that "unsatisfactory level of service" shall be as specified in the General Plan. 4. If the transfer request involves the conversion of uses, the community Development Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 16.1765 square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the community Development Director. 16-164 5. Applications for transfer of development rights shall be considered by the City Council as a ministerial action. The City Council shall approve a transfer of development rights if it finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. In addition, if the traffic study in Subsection c. is required, the City Council shall approve the transfer if it results in no greater traffic impact than the development allowed without the transfer. 16-165 [this page intentionally blank] 16-166 V. Definitions All words and phrases used in this North Newport Center PC shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in this section. Architectural Features: A visually prominent or formally significant element of a building which expressed its architectural language and style in a complementary fashion. Architectural features should be logical extensions of the massing, details, materials and color of the building which complement and celebrate its overall aesthetic character. Advisory Sign: Any sign that contains directional or safety information; does not contain advertisements. Audible Signs: Any sign that uses equipment to communicate a message with sound or music. Banks/Savings & Loans: Establishments that provide a full range of retail banking and mortgage loan services to individuals and businesses. Includes only those institutions engaged in the on-site circulation of cash money. Also includes businesses offering check - cashing services. Drive-through or drive -up service included. Bars and Cocktail Lounges: Establishments engaged in selling or serving alcoholic beverages for consumption on the premises or establishments having any of the following characteristics: - Licensed as a "public premises" by the California Department of Alcoholic Beverage Control. - Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not be deemed as constituting regular food service. Building Elevation: The exterior wall surface formed by one (1) side of the building. Building Height: Building height is measured from the corresponding point on the roof to the exterior finished grade. If the building is on a sloping surface, the height measurement is taken from the building entrance. Exceptions include but are not limited to below grade parking structure entrances, motor courts, and retaining walls. See Graphic 1 on page 34. Business, Government and Professional: Offices of firms, individuals or organizations that provide professional, executive, management or administrative services (e.g., architectural, engineering, government, insurance, investment, legal, planning). Includes administrative, clerical or public contact offices of a government agency, including incidental storage and maintenance of vehicles. Support retail and service uses also allowed. Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales and services. Generally mobile in terms of ease of relocation, the structures can be seasonal, temporary or for a more permanent use. Commercial, Recreation and Entertainment: Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include: 16-167 arcades or electronic games centers having three or more coin-operated game machines bowling alleys billiard parlors cinemas ice/roller skating rinks live entertainment pool rooms tennis/racquetball courts theaters Cultural Institutions: Public or private institutions that display or preserve objects of community, or cultural interest in one or more of the arts or sciences. Day Care: Non-medical care and supervision of children or adults on a less than 24 hour basis, including nursery schools, preschools, and day care centers. Day Spas: Establishments that specialize in the full complement of body care including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, water treatments and massage which is open primarily during normal daytime business hours and without provisions for overnight accommodations. Department Store: A store selling a wide variety of goods or services arranged in several departments. Eating and Drinking Establishments: Establishments engaged in serving prepared food or beverages for consumption on or off the premises. Emergency Health Care: Establishments that provide emergency medical service with no provision for continuing care on an inpatient basis. Entry Marker Sign: Sign used to provide information on activities and events, as well as advertise stores and shops within a shopping center. Eye Level: The height of 5 feet measured from grade. Freestanding Commercial: Any building with a commercial use which is separated from other commercial uses by parking and/or streets. Internal Pedestrian Street: Any walkway, path, plaza, arcade or corridor, either covered or open to the sky, which is primarily for use by people on foot and is not adjacent to the frontage road or common parking areas. Major Building: A mall building over 50,000 square feet. Major Tenant: A store or restaurant having a minimum of 10,000 square feet of floor space, which is located within or between other commercial buildings. Mall Building: Retail buildings where stores front a pedestrian walkway, which may be enclosed or open. 16-168 Land Uses, Development Standards & Procedures Section V. Definitions Medical Retail: Sales of medical goods or services that are retail oriented. Illustrative examples of these uses include: - eye exam, eyeglass/contact lens sales - skin treatments - body scanning - dental enhancement treatments Minor Use Permit: Use permit issued by the Planning nireetEw oning Administrator. Monument Sign: Any sign that is supported by its own structure and is not part of or attached to any building. Parking Structure: Structures containing more than one story principally dedicated to parking. Parking structures may contain accessory, ancillary and resident support uses. Periphery Building: Building located along the ring of Fashion Island adjacent to Newport Center Drive. Personal Improvement: Includes those services that are personal and that promote the health and well-being of an individual. Personal Services: Establishments that provide recurring services of a personal nature. Illustrative examples of these uses include: - barber and beauty shops - clothing rental shops - dry cleaning pick up store with limited equipment - dry cleaning with no on-site equipment - home electronics and small appliance repair - postal services - locksmiths - self-service laundries - shoe repair shops - tailors and seamstresses - tanning salons - printing & duplicating - travel agencies/services - nail salon Podium Level:A superposed terrace conforming to a building's plan, a continuous pedestal; a level of vertical segregation linking separate areas. Primary Tenant: The largest tenant of a building. Project Identification Sign: A free-standing (single or double faced) monument sign containing the project name. Public Safety Facilities: Police, fire, paramedic and emergency service facilities. Regional Commercial Gross Floor Area: Refer to Section H.B.1 above. North Newport Center Planned Community Development Plan 7/24/12 — June 2015 Draft 31 16-169 Residential: An area within a structure on a parcel that contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation or food preparation. Retail Sales: Stores and shops which sell various lines of merchandise for profit. This includes the sales of non -durable and durable goods to customers. Illustrative examples of these stores and lines of merchandise include: - antiques - appliances - artists supplies - automotive accessories (no installation) - animal sales and services - bakeries - bicycles - books - cameras and photographic supplies - carpeting and floor covering - clothing and accessories - convenience markets/stores - department stores - drug and discount stores - dry goods - electronic equipment (including automotive installation) - food and beverages - gift shops - handcrafted items - hardware - hobby materials - jewelry - real estate information center - luggage and leather goods - medical supplies and equipment - musical instruments, parts and accessories - office supplies - paint and wallpaper - pharmacies - shoe stores - specialty shops - sporting goods and equipment - supermarkets - tobacco - toys and games Rooftop Appurtenance: Rooftop appurtenances include, but are not limited to, mechanical equipment, stairwell and elevator shaft housing, antennae, window washing equipment, and wireless communication facilities. See Graphic 1 on page 34. Secondary Tenant: A small tenant; not the primary tenant of an office building. 16-170 Land Uses, Development Standards & Procedures Section V. Definitions Senior Citizen Housing: A residential development for senior citizens (i.e., persons 55 years of age or older) that has at least 35 dwelling units and conforms to Civil Code 51.3(b)(4). Service Tunnels: A corridor limited to access for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for customer circulation or access, and not for use as storage or office space. Sign: Any media, including their structure and component parts which are used or intended to be used out-of-doors to communicate information to the public. Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images composing the sign. Sign Face: The physical plane and/or surface upon which the working or images are applied. Sign Letter: The individual symbols of the alphabet used in forming the words of a message. Shopping Center Identification Sign: A monument sign identifying a shopping center. Support Uses: Uses within residential developments, offices and hotels, and parking structures designed, oriented, and intended to primarily serve building occupants. This includes uses such as dry cleaners, coffee vendors, and sundry shops. Such uses must be consistent with the pertinent regulations in Table 1. Tenant Sign: Any permanent sign of an establishment that is located on or attached to the storefront elevation, a covered walkway, or an awning for the purpose of communicating the name of the tenant. Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Theater Sign: Any permanent sign used to communicate to the public the name of a theater and the show(s) or movie(s) that are offered. Vehicle Entry: Any intersection points along the public right-of-way that provide access for automobiles. Visitor Accommodations: Establishments offering lodging rooms, including bed and breakfasts, inns, hotel, and motels. Incidental support facilities are included within these uses. Wind Sign: A series of similar banners or objects of plastic or other light material more than 2 inches in diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. North Newport Center Planned Community Development Plan 7/24/12 — June 2015 Draft 33 16-171 MECHANICAL PENTHOUSE ELEVATOR OVERUN _ _ TOP OF PARAPET OF LAST OCCUPIED SPACE FINISH GRADE NOTE: In no instance shall any part of the building, including rooftop appurtenances or architectural features, penetrate the FAA (Part 77) imaginary obstruction surface for John Wayne Airport. Graphic 1, Example of Building Height and Rooftop Appurtenances 16-172 Attachment No. PC 5 Proposed change to the North Newport Center PCDP appendix 16-173 16-174 NEWPORT FASHION ONEWPORT T4AS11ol FASHION NEWPORT CENTER ISLAND ISLAND CENTER NEWPORT CENTER — ISLAND HOTEL XOXUS`NM;1EfLS CENTE R XE 11.11LEl X.ftt ISLAND HOTEL ISLAND HOTEL �X u5 ISLAND HOTEL ap— iRIrY11�. A 1 I 1 FASIII 10N , �` � ;'� FASH I O N ISLAND �* .; r` ISLAND ft- uoaXnMcoAces. NAci s j - ♦} ISLAND HOTEL L �- i • � S 'hOdUSiROM • NEIMAN MARCUS p011 Ccn. 1 Irvine Company StIfel r. - s +�Ab r WW � wport Celrter7-1 Jr' ,'8 San Clemente M, ` dG I J I Ie - •_ a . r � ` a rtc � y► d�S . F— Z4, GATEWAY PLAZA • 100-19) NEWPORT CENTER DRIVE S I GATEWAY PLAZA 100-190 NEWPORT CENTER DRIVE GATEWAY PLAZA i; �ounR AEWapAr [ENTER DRIVE Ar. r. �6e�ofonr� ��g�orony ; Apartment Slemes � i r ,r � r MJF%- � ♦, ir 0 C17YNATIONALBANK MNC OF CALIFORNIA �-Y PL.Z* +100120 1 ` 140160 • E 110 130 170IT L' • • • rr '. \ r , "fa •tea ,� - l �:5 �i•�< f, t �. I`+_ -- .� f - � rid �'►�f �' .; �"' - a . r j AS � .����.. •••.• • • •; an t • ��^" II� �,,. .� . 11. °�r�- LEASING 1 Sign A — Large Cube or Blade Sign Sign: 13'-0" high; 12'-2" wide Letters: 15 inches high max. Sign Sign: Letters: Symbol: 11'-0" high; 12'-2" wide 15 inches high max. 22 inches high Sign: 11'-0" high; 12'-2" wide Letters: 15 inches high max. Symbol: 22 inches high Sign: 11'-0" high; 12'-2" wide Letters: 15 inches high max. Symbol: 22 inches high Sign: 11'-0" high; 12'-2" wide Letters: 15 inches high max. Symbol: 22 inches high Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center Sign: 13'-0" high; 12'-2" wide Letters: 15 inches high max. (est) 16-181 Sign B — Small Cube Sign B1 Sign: 5'-0" high; 5'-0" wide Letters: 9 inches high Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Sign: 5'-0" high; 5'-0" wide Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Letters: 5 inches high max. Numerals: 24 inches high max. Numerals: 24 inches high max. Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center 450p��� ~~ 41 Pacil[AinwxJclYi � M9 Bank NYB P'dDe^W Sign B7 Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Yoo hell&ManellallP j8� Moi Sunlry _ Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. 16-182 Sign C - Freestanding Signs N PLAZA AW Sign C7 Sign: 5'-3" high; 11'-0" wide Letters: 11 inches high GATEWAY PLAZA — 100-190 NEWPORT CENTER 6pIVE — r 57 Sign C12 -bi Letters: 10 inches .• — E L V V L YrW_ Sign C8 Sign: 6'-10" high; 6'-0" wide Letters: 5 inches high max. Numerals: 11 inches high max. GATEWAY 1 PLAZA IDU 190 NEWPOR7 CENTER I)kIVE Sign C13 Sign: 4'-4" high; 9'-6" wide Letters: 10 inches high max. #jl a =-- hmpe t THE ISLAND HOTEL MErpD.i .!I[. Sign C9 Sign: 6'-2" high; 20'-6" wide Letters: 17 inches high max Neff ulll i .ill Y Sign C14 Sign: 9' high; 4'-9" wide Letters: 6 inches high max Sign C1 Sign: 6'-6" high; 15'-4" wide Letters: 13 inches high max. Symbol: 18 inches high Sign C3 Sign: 4'-2" high; 7'-0" wide Letters: 4 inches high max. 11 Sign C5 Sign: 4'-9" high; 12'-0" wide Letters: 12 inches high Emu 1 � IeAClhc �NCArv* N Beql Rank Sign C10 Sign: 4'-2" high; 5'-0" wide Letters: 6 inches high max. Symbol: 13 inches high max. 11 A I Sign C15 Sign: 9' high; 4'-9" wide Letters: 6 inches high max 9:1:3 Sign C2 Sign: 4'-4" high; 9'-3" wide Letters: 11 inches high max. SAN JOAQUIN PLAZA Sign C4 Sign: 5'-3" high; 11'-0" wide ++Letters: 11 inches high Cw.aSANI JOAQUIN PLAZA Sign C6 Sign: 5'-3" high; 11'-0" wide Letters: 11 inches high PLAZA Sign C11 Sign: 4'-4" high; 9'-6" wide Letters: 10 inches high max. I M— 0pACIFICFWAPte7ALAAZA Sign C16 Sign: 5' high; 25' wide Letters: 14 inches high max Symbol: 24 inches high max 16-183 f lS�r f � ,. rte.; ��'� •�� _fit Y -. �` ,;� �• + ..♦4 ,- � � / L � err � _ • •i�✓.'`ws�' Sign D — Landscape Walls Sign D7 location 450 PACIFIC MER CAN't]LE BANK Sign D12 Letters: 11 inches high Numerals: 12 inches high &is Sign D8 Letters: 15 inches high max. Sign D13 Letters: 40 inches high �L Ta: iiiimn Sign D9 location Sign D1 Letters: 37 inches high max. i r Sign D3 Letters: 35 inches high max. ion WE ■o Sign D5 location Sign D10 Symbol: 17 inches high Sign D2 Letters: 35 inches high max. Stn ,jig' Sign D4 Letters: 15 inches high max. Sign D6 location RrYrA.eo►� Sign D11 Letters: 18 inches high max. Symbol: 26 inches high Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center 16-185 Sign E — Building Sign Sign E* Sign: Mounted directly on building face Letters: 24 inches — primary tenant 16 inches — secondary tenant Sign F — Building Address Sign E* Sign: Sign on Awning at entrance to restaurant Letters: 36 inches high Sign F* Sign: Mounted directly on building face Letters: 24 inches * Photographs of sign types E and F provided for reference purposes. A full inventory of those signs is not provided herein. 16-186 Sign G — Freestanding Building Address Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center Sign G1 Sign: 8'-0" high; 6'-0" wide Letters: 5 inches high max. Numerals 28 inches high Sign: 8'-0" high; 6'-0" wide Letters: 5 inches high max. Numerals 28 inches high 16-187 Sign H — Advisory Signs Sign I — Drive Through Signs Sign: 6 feet high Sign 1* Sign: 8 feet wide Letters: 15 inches high * Photographs of sign types H and I provided for reference purposes. A full inventory of these signs is not provided herein. ;, ♦ S�iR+'w +w.�s,�E+! W r : f eek' \• — + p• •yR' T* OWN At Ao AN,r ' �� ,tip �,-� � �. � ' . � . -� y"� '-Y-• � - � r . 1 � 1 Ile k15 -11, k '[HE CpLON1f GU%URY j APARTMENT HOMES 706 `1696 V' LAY Sign K — Office Leasing LEASIM LEA 949 969.720• � I MIW Am Sign K7 Sign K8 location Sign K9 Sign: 5'-0" high; 5'-0" wide Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Letters: 7 inches high Numerals: 6.5 inches high Numerals: 6.5 inches high Sign KI Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign K3 Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign K5 Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high LEASING 949.720-255 Sign K10 Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center Sign K2 Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign K4 Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign K6 location Sign KIIII Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign K12 is similar to K11 Sign K13 is similar to K11 16-190 Attachment No. PC 6 Proposed change to the Block 500 Planned Community 16-191 16-192 BLOCK 500 PLANNED COMMUNITY DISTRICT REGULATIONS Adopted August 28, 1995 Ordinance No. 95-32 Amendment No. 827 Ordinance No. 2007-20 PC Resolution No. 1739 Amendment No. PD2007-003(PA2007-151) 16-193 CONTENTS Introduction................................................................................................................................................... 1 Section I. Statistical Analysis........................................................................................................................ 3 Section II. General Notes for New Construction.......................................................................................... 4 SectionIII. Definitions.................................................................................................................................. 5 Section IV. Business, Professional and Commercial.................................................................................... 6 A. Intent.......................................................................................................................................... 6 B. Permitted Uses........................................................................................................................... 6 C. Building Location...................................................................................................................... 6 D. Building Height......................................................................................................................... 6 E. Parking...................................................................................................................................... 6 F. Landscaping...............................................................................................................................6 G. Loading Areas........................................................................................................................... 7 H. Storage Areas............................................................................................................................ 7 I. Refuse Collection Areas............................................................................................................ 7 J. Telephone and Electrical Service.............................................................................................. 7 K. Signs.......................................................................................................................................... 7 Figure 1 — Land Use Designations................................................................................................................ 2 16-194 INTRODUCTION The Block 500 Planned Community District for the City of Newport Beach is a part of the Newport Center Development, and has been developed in accordance with the Newport Beach General Plan. The purpose of this PC (Planned Community) District is to provide a method whereby property may be classified and developed for commercial activity, professional and business offices. The specifications of this district are intended to provide land use and development standards supportive of the development contained herein while insuring compliance with the intent of all applicable regulatory codes. Whenever the regulations contained herein conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community District boundaries shall comply with all provisions of the Uniform Building Code and various mechanical codes related thereto. 1 16-195 2 Jo a 9' uin Hills Rd ............ ............. �h1as Dr F—] Block 500 Planned Community Figure 1. Land Use Designations 16-196 SECTION I. STATISTICAL ANALYSIS Block 500 Project Area Net Acreage 4.37 2. Percentage of Site Coverage a. Building Footprint 20% maximum b. Landscape 30% minimum 3. Maximum building floor area will not exceed 97,499square feet 73,400 square feet. 4. The square footage of individual building sites is subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. 3 16-197 SECTION 11. GENERAL NOTES FOR NEW CONSTRUCTION 1. Grading within the Planned Community area will be permitted upon securing of a grading permit. 2. Water within the Planned Community area will be furnished by the City of Newport Beach. 3. Sewage disposal facilities within the Planned Community will be provided by the City of Newport Beach and Orange County Sanitation District No. 5. 4. The subject property is within the City of Newport Beach. The Developer will provide the necessary flood protection facilities under the jurisdiction of the City of Newport Beach. 5. Erosion control provisions shall be carried out during construction activities on all areas of the Planned Community in a manner meeting the approval of the Director of Planning. 6. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Code shall apply. The contents of this text notwithstanding, no construction shall be proposed within the boundaries of this Planned Community District except that which shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 7. Parking lot lighting for new construction shall be subject to the review and approval of the Planning Director. Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent residential areas. 8. All mechanical appurtenances on building roof tops and utility vaults shall be screened from street level view in a manner meeting the approval of the Planning Department. 9. Prior to the issuance of new grading permits the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with City Council Policies K-4 and K-5. 10. Prior to issuance of new grading permits the on-site parking, vehicular circulation and pedestrian circulation systems shall be reviewed and approved by the City Traffic Engineer. 11. The intersection at new private streets and drives shall be designed to provide sight distance as specified in drawing No. STD -1 10-L of the City Public Works design criteria unless otherwise approved by the City Traffic Engineer. Slopes landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed thirty inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the City Traffic Engineer. M 16-198 SECTION III. DEFINITIONS Advertising Surface of a Sign The total area of the face of the sign structure, excluding supports. Area of Elevation Total height and length of a building as projected to a vertical plane. Setbacks from Street Corners Setbacks from street corners shall be established as that point of intersection of the required setback lines from access streets, prolonged to point of intersection. 5 16-199 SECTION IV. BUSINESS, PROFESSIONAL AND COMMERCIAL A. B. C. D. E. F. 0 INTENT The intent of this district is to permit the location of a combination of business and professional office uses, and light general commercial activities engaged in the sale of products to the general public. PERMITTED USES Permitted uses shall include offices, light general commercial and medical/dental offices. BUILDING LOCATION All buildings shall be located within the boundaries of the district and in compliance with sight distance as established in City Standard Drawing No. 110-L. BUILDING HEIGHT All buildings and appurtenant structures shall be limited to a maximum height of 375 feet. PARKING Adequate off-street parking shall be provided to accommodate all parking needs for the site. Required off-street parking shall be provided within the Block 500 P.C. District area, unless otherwise approved by the P. C. through an off-site parking agreement: General office use: 1 space per 375 square feet of net floor area Medical office use: 1 space per 250 square feet of gross floor area Other permitted uses: As set forth in the Newport Beach Municipal Code. Future conversion of general office floor area to medical office shall be contingent on the provision of the above required parking. LANDSCAPING All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, and adjacent properties. 16-200 Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. 2. Parking Areas Trees, equal in number to one (1) per each five (5) parking stalls shall be provided in the parking area. G. LOADING AREAS 1. Street side loading shall be allowed providing the loading dock is screened from view from adjacent streets. H. STORAGE AREAS 1. All outdoor storage shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No storage shall be permitted between a frontage street and the building line. I. REFUSE COLLECTION AREAS 1. All outdoor refuse collection areas shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. 3. Screen areas shall not interfere with the required sight distance per City Standard Drawing No. 110-L. I TELEPHONE AND ELECTRICAL SERVICE All "on site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Transformer, terminal equipment, detector checks and fire service facilities shall be visually screened from view from streets and adjacent properties, and shall meet the requirements of City Standard Drawing No. 110-L. K. SIGNS 1. General Sign Standards All permanent and temporary signs must be consistent with the provisions of these regulations or be approved by the City of Newport Beach and The Irvine Company. 7 16-201 Signs must consist of individual fabricated letters; or routed -out letters in an opaque background. Enclosed sign, box or "can" signs are not acceptable on buildings. Signs, including all signs visible from the exterior of any building, may be lighted, but no sign or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink, or move in any animated fashion. Building Identification Signs Building identification signs may only be located at the ground floor level of 567 San Nicholas Drive; 18 inches max. logo/letter height; 2 locations maximum 4. Tenant Identification Signs The following types of tenant identification sign are permitted: Signs on buildings, restricted as follows: 567 San Nicholas Drive No tenant signs are permitted on the building Low-rise single -tenant buildings and low-rise buildings with exterior doors used by more than one tenant Max. one (1) sign per major tenant per building elevation, up to a maximum of two (2) major tenant signs per building, but not located at the same building corner; 24 inches max. letter/logo height; 30 feet max. length; (at 2161 San Joaquin Hills Road, 28 inches max. letter/logo height) Max. one (1) sign per minor tenant per building elevation, up to a maximum of two (2) signs per building, but not located at the same building corner; 12 inches max. letter/logo height; 15 feet max. length Multi -tenant low-rise buildings with exterior doors for the exclusive use of individual tenants Major tenant: max. two (2) signs per building: max. one (1) sign facing perimeter of Block 500, 24 inches max. letter/logo height, 20 feet max. length; and max. one (1) sign facing the parking lot, 12 inches max. letter/logo height, 15 feet max. length Minor tenants: max. one (1) sign per tenant per building elevation, up to a maximum of two (2) signs per tenant; 12 inches max. letter/logo height; 15 feet max. length Sign copy shall be restricted to identification of the person, firm, company, or corporation operating the use conducted on the site. Tenant signage exceeding the 16-202 above standards shall be limited to the interior of buildings located within a common entryway or lobby area. 5. Building Address Signs Building address signs may be located at one or more of the following locations: On a free-standing monument sign at 1601 Avocado Avenue; 8 inches, max. number height On a free-standing monument sign at 1605 Avocado Avenue; 8 inches, max. number height On a building; 24 inches, max. number height Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas. Secondary address signs may be located where logical for on-site orientation. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. 6. Other Signs Advisory signs are permitted in the parking lot; 48 inches, max. height. 7. Temporary Signs The following guidelines are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under development or offered for lease. Information on this sign is limited to: For Sale, For Lease, Future Home of, Building/Project Name, etc. Type of Name of Development Type and Area of Space Available Major Tenant or Developer Financial Institution General Contractor Architect Leasing Agent Occupancy Date Phone Number Irvine Company or Irvine Company Project Name and Logo 0 16-203 Maximum number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same corner of the building. Type: Single- or double-faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall signs, they must be located below the sill of second floor windows. Design: Rectangular shape. Rigid, permanent material; not fabric. Mounting technique: Flush with building: entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Required color: White copy on colored background; or colored copy on white background; or a combination of the above. Longevity: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. 10 16-204 Attachment No. PC 7 Proposed change to the Corporate Plaza Planned Community 16-205 16-206 CORPORATE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS Amendment No. 728 Council Resolution No. 92-4 January 13, 1992 Amendment No. 784 City Council Resolution No. 93-96 December 13, 1993 Amendment No. 825 City Council Resolution No. 95-115 October 9, 1995 Amendment No. 889 City Council Ordinance No. 99-27 November 8, 1999 Amendment No. 2004-002 City Council Ordinance No. 2004-13 June 22, 2004 16-207 -2 - TABLE OF CONTENTS Introduction................................................................................................................. Page 3 SECTION I STATISTICAL ANALYSIS ...................... Page 4 SECTION II GENERAL NOTES ................................... Page 5 SECTION III DEFINITIONS ............................................ Page 7 SECTION IV BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL ...................... Page 8 Sub -Section A Intent.............................................................. Page 8 Sub -Section B Permitted Uses ............................................. Page 8 Sub -Section C Building Location ................................ ........ Page 8 g Sub -Section D Building Height ............................................ Page 9 Sub -Section E Parking........................................................... Page 9 Sub -Section F Landscaping .................................................. Page 9 Sub -Section G Loading Areas .............................................. Page 10 Sub -Section H Storage Areas ............................................... Page 10 Sub -Section I Refuse Collection Areas ............................. Page 10 Sub -Section J Telephone and Electrical Service ............. Page 11 Sub -Section K Signs............................................................... Page 11 16-208 -3 - INTRODUCTION The Corporate Plaza Planned Community District for the City of Newport Beach is a part of the Newport Center Development in conjunction with the South Irvine Ranch General Land Use Plan and the Newport Beach General Plan which was adopted in December 1973. The purpose of this PC (Planned Community) District is to provide a method whereby property may be classified and developed for commercial activity, professional, business, and medical offices. The specifications of this district are intended to provide flexibility in both the land use and development standards for the planned building groups. 16-209 SECTION I. STATISTICAL ANALYSIS Corporate Plaza 1. Project Area Gross Acreage 47.8 Net Acreage 40.4 2. Percentage of Site Coverage a. Building Footprint 15-20 b. Parking Area 40-45 C. Landscape 40-45 3. Maximum gross building floor area shall not exceed 477,320 squana feet. 468,880 square feet. 4. A maximum of 79,847 gross square feet of building floor area may be allocated for medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is permitted a maximum of 11,200 square feet for medical/dental office uses on the first floor only. There are no restrictions on how the remaining 63,447 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are permitted on any other building site. 5. The square footage of individual building sites are tentative and subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. 16-210 -5 - SECTION II. GENERAL NOTES 1. Grading outside an area submitted under the Planned Development Ordinance but within the Planned Community area will be permitted upon securing of a grading permit. 2. Water within the Planned Community area will be furnished by the City of Newport Beach. 3. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. 4. The subject property is within the City of Newport Beach. The Developer will provide the necessary flood protection facilities under the jurisdiction of the City of Newport Beach. 5. Erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Director of Planning. 6. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Code shall apply. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of this Planned Community District except that which shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 7. Parking lot lighting shall be subject to the review and approval of the Director of Planning. Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent residential areas. 8. All mechanical appurtenances on building roof tops and utility vaults shall be screened from street level view in a manner meeting the approval of the Director of Planning. 9. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City polices. 10. Any future signal light on East Pacific Coast Highway at the private street intersection will be the responsibility of The Irvine Company. 11. The on-site parking, vehicular circulation and pedestrian circulation systems shall be reviewed and approved by the Traffic Engineer. 12. The intersections at private streets and drives shall be designed to provide sight distance for a speed of 30 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not 16-211 exceed twenty-four inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the Traffic Engineer. 13. Prior to occupancy of any structures, easements for public emergency and security ingress, egress and public utility purposes shall be dedicated to the City over all private streets. 14. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be reviewed and updated to current standards and any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the review shall be the responsibility of the developer unless otherwise provided for through an agreement with the property owner. The review of the storm drain master plan will require the submittal of hydrology and hydraulic studies to the Public Works Department for review and approval. The hydrology study shall include both on-site and off-site drainage to determine the measures necessary to protect the subject development from flooding during a 100 year storm frequency. The developer may be required to install retention basins upstream from the proposed development or enlarge the existing downstream storm drain system to satisfy the requirement. 15. The northerly entrance/exit on Avocado Avenue shall be designed for a right turn in and out, ONLY. The design shall provide for an island that restricts left turns. This requirement may be waived if the driveway lines up with the access to the parcel easterly of Avocado Avenue and the City incurs no additional costs to relocate their proposed access to the library site. 16-212 -7 - SECTION III. DEFINITIONS Advertising Surface of a Sign The total area of the face of the sign structure, excluding supports. Area of Elevation Total height and length of a building as projected to a vertical plane. Setbacks from Street Corners Setbacks from street corners shall be established as that point of intersection of the required setback lines from access streets, prolonged to point of intersection. Entitlement Gross Floor Area The area of a building or portion thereof including the surrounding exterior walls. Any finished portion of a building which measures more than 4 feet from finished floor to ceiling and is accessible shall be included in calculations of gross floor area. Areas utilized for stairwells and elevator shafts shall be counted towards gross floor area on only the first level. Parking Gross Floor Area The area included within the surrounding exterior walls of the building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Parking Net Floor Area The area included within the surrounding walls of a building, exclusive of vent shafts, elevator shafts, stairways, exterior corridors or balconies, rooms containing only mechanical and electrical equipment used for service of the building, utility shafts and parking. Note: Exterior roofed atrium areas open on two or more sides, and exterior roofed balconies or walkways open on one side, shall not be included in Entitlement Gross Floor Area, Parking Gross Floor Area or Parking Net Floor Area calculations. 16-213 ED SECTION IV. BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL A. Intent The intent of this district is to permit the location of a combination of business, professional and medical office uses, and light general commercial activities engaged in the sale of products to the general public. B. Permitted Uses The following shall be permitted: 1. Retail sales and service of a convenience nature. 2. A maximum of 79,847 gross square feet of building floor area may be allocated for medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is permitted a maximum of 11,200 square feet for medical/dental office uses on the first floor only. There are no restrictions on how the remaining 63,447 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are permitted on any other building site. 3. Restaurants, including outdoor, drive-in or take-out restaurants, bars and theater/nightclubs shall be subject to the securing of a use permit in each case. Facilities other than indoor dining establishments or those that qualify as outdoor, drive-in or take-out establishments shall be subject to the City of Newport Beach regulations covering drive-in and outdoor establishments. 4. Institutional, financial and governmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. 6. Parking lots, structures and facilities. 7. Drive -up teller units, subject to the review of the on-site parking and circulation plan by the City Traffic Engineer and approved by the Director of Planning. C. Building Location All buildings shall be located in substantial conformance with the approved site plan. 16-214 ME D. Building Height All buildings and appurtenant structures shall be limited to a maximum height of thirty-two (32) feet, with the exception of Building "22" which shall be permitted up to the limit established by the sight plane and the extension of the sight plane northerly to Farallon Drive and southerly to Pacific Coast Highway. E. Parking Adequate off-street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on -street parking. Required off-street parking shall be provided on the site of the use served, or on a common parking area in accordance with the off-street parking requirements as follows: 1. Office Buildings: One parking space for each 250 square feet of net floor area, except as provided herein. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings, as specified above, may be modified in accordance with the following schedule: (a) For the first 125,000 sq. ft., parking shall be provided at one space per 250 sq. rt. or net boor area. (b) For the next 300,000 sq. ft., parking shall be provided at one space per 300 sq. ft. of net floor area. (c) Any additional floor area, parking shall be provided at one space per 350 sq. ft. of net floor area. For pools based on more than 425,000 sq. ft. of net floor area, the Planning Commission may modify the parking formula by Use Permit, based on a demonstrated formula. F. Landscaping Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be reviewed by the Director of Parks, Beaches and Recreation. In no case shall any landscaping penetrate the sight plane ordinance established by the sight plane for Harbor View Hills. 16-215 -10 - All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. 2. Landscaping -Vehicle Se arp ation All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. 3. Parking Areas Trees, equal in number to one (1) per each five (5) parking stalls shall be provided in the parking area. G. Loading Areas Street side loading shall be allowed providing the loading dock is screened from view from adjacent streets. H. Storage Areas 1. All outdoor storage shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No storage shall be permitted between a frontage street and the building line. I. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. 16-216 -11- J. Telephone and Electrical Service All "on site" electrical line (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. K. &M 1. Building Address Sign Building address numerals shall be a maximum of two (2) feet in height and shall be consistent with the building identification signing. Building address number shall face the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas. 2. Project/Building Identification Sign Project and/or building identification signs are permitted at major entry access drives from adjacent frontage streets, provided that they comply with the City of Newport Beach site distance requirement 110-L. The identification signage is permitted in the form of a free-standing (single or double faced) monument sign. The sign copy shall be restricted to the project or building name and street address. Individual letter heights shall not exceed eighteen (18) inches. 3. Tenant Identification Signs Tenant identification signs are permitted and are divided into two (2) categories: Primary Tenant Secondary Tenant Tenant identification signs are to be wall -mounted graphics, consisting of individually fabricated letters. Box or "can" signs are not permitted. The maximum number of primary tenant signs permitted on any one building elevation is two (2). Each secondary tenant shall be limited to one (1) identification sign. 16-217 -12 - The maximum letter height of a primary tenant sign shall not exceed twenty-four (24) inches. The maximum letter height of a secondary tenant sign shall not exceed sixteen (16) inches. Sign copy shall be restricted to identification of the person, firm, company or corporation operating the use conducted on the site. 4. General Sign Standards a. Signs (to include all those visible from the exterior of any building) may be lighted but no sign or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 5. Temporary Signs The following guidelines are intended to produce a consistent sign design for temporary signs within Newport Center. All temporary signs require the approvals of the City of Newport Beach and The Irvine Company. Temporary signs are to identify the future site, project or facility under development on individual project sites. Information on this sign is limited to: - For Sale, For Lease, Future Home of, Building/Project Name, etc. Type or Name of Development - Type and Area of Space Available - Major Tenant or Developer - Financial Institution - General Contractor - Architect - Leasing Agent - Occupancy Date - Phone Number - Irvine Company or Irvine Company Project Name and Logo Location: One temporary sign is permitted on site for each frontage street. These signs may be single or double-faced and parallel or perpendicular to the roadway. Design: All temporary signs are to be built in substantial conformance to The Irvine Company corporate design standards as shown on the following page. 16-218 -13 - Longevity: Signs can exist from the time of lease or sale of the parcel until construction and/or leasing of the facility is complete. 16-219 16-220 Future Home of American Products 31 Technology Dr. (714) 5514500 BROKER: Company APCWECT: Frank Lloyd Wright cogTPAGTM: Johnson Construction n4r= tRVINE COMPANY 16-220 PACIFIC COAST HIGHWAY LEGEND PROFESSIONAL /OFFICE /COMMERCIAL /MEDICAL CORPORATE PLAZA 16-221 s CORPORATE PLAZA NEWPORT CENTER :. "vrxyr BC3M C A m I ",Cft c",Al-Y SETBACKS SITE PLAN i b •• •• 16-222 CORPORATCEN ARA NEWP4Rc� cA YiC►JS� • .�r+ wa ,SIGH1 PLANE PLAN 16-223 CORPORATE PLAZA NEWPORT CENTER -,,Dorf P­r� CA rw GPADING PLAN a~iwrr.r. 16-224 Attachment No. PC 8 Proposed change to the Corporate Plaza West Planned Community 16-225 16-226 CORPORATE PLAZA WEST PLANNED COMMUNITY DISTRICT REGULATIONS Adopted August 24, 1992 Ordinance No. 92-40 Amendment No. 770 Adopted October 9, 1995 Resolution No. 95-115 Amendment No. 825 Amended January 24, 2006 Ordinance No. 2005-002 PD2005-001 J 16-227 TABLE OF CONTENTS INTRODUCTION Page 1 SECTION I Statistical Analysis Page 6 SECTION II General Notes Page 7 SECTION III Definitions Page 9 SECTION IV Business, Professional and Commercial Standards Page 10 LIST OF FIGURES FIGURE 1 Land Use Designations Page 2 FIGURE 2 Setbacks Site Plan Page 3 FIGURE 3 Sight Plane Plan Page 4 FIGURE 4 Grading Plan Page 5 16-228 INTRODUCTION The Corporate Plaza West Planned Community District for the City of Newport Beach is a part of the Newport Center Development, and has been developed in accordance with the Newport Beach General Plan. The purpose of this PC (Planned Community) District is to provide a method whereby property may be classified and developed for commercial activity, professional and business offices. The specifications of this district are intended to provide land use and development standards supportive of the development proposal contained herein while insuring compliance with the intent of all applicable regulatory codes. 1 16-229 Figure 1 PACIFIC COAST HIGHWAY LEGEND PROfESSJONAL l OFFICE l COMMERCIAL CORPORATE PLAZA WEST Land Use Designations 2 Figure 2 E A S T C O A S T H I G H W A Y CORPORATE PLAZA WEST NEWPORT CENTER NCwppff 6":h. CA; 3 SETBACKS SITE PLAN i 16-231 Figure 3 Q W W Joy I" TTITT I' u zzi .rb w •a E A S T C O A S T H I G H W A Y CORPORATE PLAZA WEST 4 NEWPORT CENTER Port Beach. CA SIGHT PLANE PLAN �. - - -• -� 16-232 Figure 4 E A S T C O A S T H I G H 17 A Y CORPORATE PLAZA WEST NEWPORT CENTER WWPOrr Beam. CA 5 GRADING PLAN ~ 16-233 SECTION I. STATISTICAL ANALYSIS Corporate Plaza West 1. Project Area Net Acreage 12.7 2. Percentage of Site Coverage a. Building Footprint 15-20 b. Parking Area 40-45 C. Landscape 40-45 3. Maximum building floor area will not exceed - . 156,671 square feet. 4. The square footage of individual building sites are tentative and subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. 5. Preliminary Pad elevations shown are preliminary and subject to revisions which may result from a site survey and preparation, and City review and approval of the final grading plan. 6 16-234 SECTION II. GENERAL NOTES 1. Grading within the Planned Community area will be permitted upon securing of a grading permit. 2. Water within the Planned Community area will be furnished by the City of Newport Beach. 3. Sewage disposal facilities within the Planned Community will be provided by the City of Newport Beach and Orange County Sanitation District No. 5. 4. The subject property is within the City of Newport Beach. The Developer will provide the necessary flood protection facilities under the jurisdiction of the City of Newport Beach. 5. Erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Director of Planning. 6. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Code shall apply. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of this Planned Community District except that which shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 7. Parking lot lighting shall be subject to the review and approval of the Director of Planning. Parking -lot -lighting- shall be -designed in a manner so as to minimize impacts on adjacent - residential areas. 8. All mechanical appurtenances on building roof tops and utility vaults shall be screened from street level view in a manner meeting the approval of the Planning Department. 9. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City polices. 10. The on-site parking, vehicular circulation and pedestrian circulation systems shall be reviewed and approved by the City Traffic Engineer. 7 16-235 11. The intersections at private streets and drives shall be designed to provide sight distance as specified in drawing No. STD -110-L of the City Public Works design criteria unless otherwise approved by the City Traffic Engineer. Slopes landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the Traffic Engineer. 12. Prior to occupancy of any structures, easements for public emergency and security ingress, egress and public utility purposes should be dedicated to the City over all private streets. 13. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be reviewed and updated to current standards and any modification or extensions to the existing storm drain, water and sewer systems shown to be required by the review shall be the responsibility of the developer unless otherwise provided for through an agreement with the property owner. 14. Location and site access designs for drives entering arterials shall require further review and approval by the Public Works Department. 8 16-236 SECTION III. DEFINITIONS Advertising Surface of a Sign The total area of the face of the sign structure, excluding supports. Area of Elevation Total height and length of a building as projected to a vertical plane. Setbacks from Street Corners Setbacks from street corners shall be established as that point of intersection of the required setback lines from access streets, prolonged to point of intersection. 9 16-237 SECTION IV. BUSINESS, PROFESSIONAL AND COMMERCIAL A. Intent The intent of this district is to permit the location of a combination of business and professional office uses, and light general commercial activities engaged in the sale of products to the general public. B. Permitted Uses The following shall be permitted: 1. Retail sales and service of a convenience nature. 2. Administrative and professional offices (excluding medical offices). 3. Restaurants, including outdoor, drive-in or take-out restaurants, bars and theater/nightclubs shall be subject to the securing of a use permit in each case. Facilities other than indoor dining establishments or those that qualify as outdoor, drive-in or take-out establishments shall be subject to the City of Newport Beach regulations covering drive-in and outdoor establishments. 4. Institutional, financial and governmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. arking lots, structures and facilities. 7. Drive -up teller units, subject to the review of the on-site parking and circulation plan by the City Traffic Engineer and approved by the Planning Department. C. Building Location All buildings shall be located in substantial conformance with the approved site plan and in compliance with sight distance as established in City Standard Drawing No. 110-L. D. Building Height All buildings and appurtenant structures shall be limited to a maximum height of thirty-two (32) feet provided further that they extend no higher than the extension of the sight plane established by Ordinance No. 1596 for Corporate Plaza. 10 16-238 E. Parkin Adequate off-street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on -street parking. Required off-street parking shall be provided on the site of the use served, or on a common parking area in accordance with the off-street parking requirements of City of Newport Beach Planning and Zoning Ordinance. F. Landscaping Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be reviewed by the Director of Parks, Beaches and Recreation. All landscaping shall be installed and maintained so as not to penetrate the extension of the Sight Plane established for the Corporate Plaza Planned Community in Ordinance No. 1596 and obstruct sight distance as established by City Standard Drawing No. 110-L. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses 2. Landscaping -Vehicle Se arp ation All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. 3. Parking Areas Trees, equal in number to one (1) per each five (5) parking stalls shall be provided in the parking area. G. Loading Areas 1. Street side loading shall be allowed providing the loading dock is screened from view from adjacent streets. 11 16-239 H. Storage Areas 1. All outdoor storage shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No storage shall be permitted between a frontage street and the building line. I. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. 3. Screen areas shall not interfere with the required sight distance per City Standard Drawing No. 110-L. J. Telephone and Electrical Service All "on site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Transformer, terminal equipment, detector checks and fire service facilities shall be visually screened from view from streets and adjacent properties, and shall meet the requirements of City Standard Drawing No. 110-L. K. Signs 1. Building Address Sign Building address numerals shall be a maximum of two (2) feet and a minimum of one (1) foot in height and shall be consistent with the building identification signing. Building address number shall face the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas. 2. Project/Building Identification Sign Project and/or building identification signs are permitted at major entry access drives from adjacent frontage streets, provided that they comply with the City of Newport Beach site distance requirement 110-L. 12 16-240 The identification signage is permitted in the form of a free-standing (single or double faced) monument sign. The sign copy shall be restricted to the project or building name and street address. Individual letter heights shall not exceed eighteen (18) inches. 3. Tenant Identification Signs Tenant identification signs are permitted and are divided into two (2) categories: Primary Tenant - Secondary Tenant Tenant identification signs are to be wall -mounted graphics, consisting of individually fabricated letters. Box or "can" signs are not permitted. The maximum number of primary tenant signs permitted on any one building elevation is two (2). Each secondary tenant shall be limited to one (1) identification sign. The maximum letter height of a primary tenant sign shall not exceed twenty-four (24) inches. The maximum letter height of a secondary tenant sign shall not exceed sixteen (16) inches. Sign copy shall be restricted to identification of the person, firm, company or corporation operating the use conducted on the site. 4. General Sign Standards a. Signs (to include all those visible from the exterior of any building) may be lighted but no sign or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 5. Temporary Signs The following guidelines are intended to produce a consistent sign design for temporary signs within Newport Center. All temporary signs require the approvals of the City of Newport Beach and The Irvine Company. Temporary signs are to identify the future site, project or facility under development on individual project sites. 13 16-241 Information on this sign is limited to: - For Sale, For Lease, Future Home of, Building/Project Name, etc. - Type or Name of Development - Type and Area of Space Available - Major Tenant or Developer - Financial Institution - General Contractor - Architect - Leasing Agent - Occupancy Date - Phone Number - Irvine Company or Irvine Company Project Name and Logo Location: One temporary sign is permitted on site for each frontage street. These signs may be single or double-faced and parallel or perpendicular to the roadway. Design: All temporary signs are to be built in substantial conformance to The Irvine Company corporate design standards as shown on the following page. Longevity: Signs can exist from the time of lease or sale of the parcel until construction and/or leasing of the facility is complete. FA ... \PCTEXTICORPLAZA W. DOC 14 16-242 Attachment No. PC 9 Trip Transfer Analysis 16-243 16-244 North Newport Center Trip Transfer No. 8 City of Newport Beach (3 Stantec Prepared for: City of Newport Beach Prepared by: Stantec Consulting Services Inc. August 5, 2015 16-245 Sign -off Sheet This document entitled North Newport Center Trip Transfer No. 8 was prepared by Stantec Consulting Services Inc. ("Stantec") for the account of City of Newport Beach (the "Client") Prepared by (signature) Cathy Lawrence, PE (949)923-6064 Reviewed by (signature) Daryl Zerfass, PE, PTP (949)923-6058 ® Stantec 16-246 NORTH NEWPORT CENTER TRIP TRANSFER NO. 8 Table of Contents 1.0 INTRODUCTION................................................................................................................1 2.0 BACKGROUND.................................................................................................................1 3.0 ANALYSIS..........................................................................................................................3 4.0 CONCLUSIONS.................................................................................................................6 LIST OF TABLES Table 1 North Newport Center Trip Transfer History..................................................................2 Table 2 Before and After Trip Generation Comparison...........................................................5 LIST OF FIGURES Figure 1 Entitlement Transfer Diagram........................................................................................4 ® Stantec 16-247 NORTH NEWPORT CENTER TRIP TRANSFER NO. 8 Introduction August 2015 1-0 INTRODUCTION Transfers of entitlement are allowed between blocks in North Newport Center by the existing Development Agreement as long as the PM peak hour trips being transferred remain "trip neutral" (i.e., no new trips are created). The Irvine Company is proposing to transfer unassigned office space in Irvine Company buildings in Corporate Plaza and Corporate Plaza West to office space in Block 100 as part of an amendment to the North Newport Center Planned Community. This is the eighth such trip transfer proposed since the North Newport Center Zoning was established in 2007. BACKGROUND The previous seven trip transfers have occurred over several years. Table 1 summarizes the history of trip transfer numbers 1 through 7. The last trip transfer (Trip Transfer No. 7) re-established entitlement for a 17,300 square foot health club in Block 600 and re-established entitlement for 99,953 square feet of office space in Block 100 by transferring trips from unbuilt entitlements in Block 500, Block 600, and Fashion Island. Trip Transfer No. 6 consisted of converting entitlement for 79 hotel rooms to 79 dwelling units and transferring the entitlement for those 79 dwelling units and 15 additional dwelling units to San Joaquin Plaza for a total of 94 dwelling units. Trip Transfer No. 5 consisted of transferring 288,975 square feet of office development entitlement out of San Joaquin Plaza and Block 600 and into Block 500, as well as transferring 430 unbuilt entitled dwelling units out of Block 500 and into San Joaquin Plaza. Trip Transfer No. 4 consisted of relocating 75,878 square feet of existing office space from Block 100 to San Joaquin Plaza, transferring 45,236 square feet of office entitlement from Block 100 to Block 600, and transferring 430 unbuilt entitled dwelling units from San Joaquin Plaza to Block 500. A previous transfer (Trip Transfer No. 3) moved 165,833 square feet of the 241,711 square feet entitlement (moved in Trip Transfer No. 2) back to San Joaquin Plaza. Trip Transfer No. 1 and the City Hall trip transfer resulted in an increase of office space in Block 500, which was later removed in Trip Transfers 2 and 3, and a decrease in office space and hotel rooms in Block 600, which was replaced with additional office space in later trip transfers. ® Stantec cl v:\2073\active\2073009050\report\trip_transfer_8\rpt_newport_ctr_ trip_fransfer8.docx 16-248 NORTH NEWPORT CENTER TRIP TRANSFER NO. 8 Background August 2015 Table 1 North Newport Center Trip Transfer History ® Stantec d v:\2073\active\2073009050\report\tdp_transfer_8\rpt_newport_ctr_trip_transferMocx L 16-249 Office Trip Rate Transfer Date Block 100 Block 500 Block 600 San Joaquin Plaza Other Source 1 Nov 2007 +205.161 TSF Office -42.036 TSF Office 1 +72.000 TSF Cit Hall -195 Rm Hotel -72.000 TSF City Hall City Hall July 2008 +96.428 TSF Office 1 2 June 2009 -85.756 TSF Office +327.467 TSF Office -241.711 TSF Office 2 -430 DU +430 DU 3 Jan 2010 -215.833 TSF Office +50.000 TSF Office +165.833 TSF Office 2 4 Oct 2010 -121.114 TSF Office +430 DU +45.236 TSF Office +75.878 TSF Office 3 -430 DU 5 Sept 2011 +288.975 TSF Office -47.264 TSF Office -241.71 1 TSF Office 3 -430 DU +430 DU -79 Hotel Rms 6 May 2012 +94 DU (Marriott site) n -15 DU (The Tennis Club site -96.109 TSF Retail 7 Jan 2015 +99.953 TSF Office -0.134 TSF Office +17.300 TSF Health (Fashion Island) 3 Club' -1,020 Theater Seats Fashion Island 1,298.109 TSF Office Total Existing 17.300 TSF Health 95.550 TSF Office Entitlement 99.953 TSF Office2 599.525 TSF Office Club 524 DU Notes: ' Includes utilization of unbuilt intensity (4.51 TSF) remaining in Block 600 2 Existing office buildings in Block 100 were without entitlement before Trip Transfer No. 7. Source: 1 - Trip estimates based on applying the ITE Office equation to existing office square footage (408 TSF) and proposed office square footage (614 TSF), and calculating the PM rate (1.12/TSF) based on the square footage increment (206 TSF). 2 - Trip estimates based on ITE Office equation applied to final square footage in each Block, with the exception of San Joaquin Plaza which used the ITE Office average rate of 1.49/TSF. 3 - Trip estimates for Block 100 based on ITE Office average rate (1.49/TSF), Block 500 and Block 600 based on ITE Office equation applied to 310 TSF and 1,300 TSF, respectively, and San Joaquin Plaza based on rate approved June 9, 2009 1.30/TSF . ® Stantec d v:\2073\active\2073009050\report\tdp_transfer_8\rpt_newport_ctr_trip_transferMocx L 16-249 NORTH NEWPORT CENTER TRIP TRANSFER NO. 8 Analysis August 2015 3-0 ANALYSIS The current proposal consists of transferring office entitlement within North Newport Center, Corporate Plaza and Corporate Plaza West as part of an amendment to the North Newport Center Planned Community. The details of the proposed trip transfer are as follows: 1. Transfer 15,468 square feet of unassigned office intensity from Irvine Company buildings currently located in Corporate Plaza to office space in Block 100. 2. Transfer 5,693 square feet of unassigned office intensity from Irvine Company buildings currently located in Corporate Plaza West to office space in Block 100. The proposed transfer of office space is illustrated schematically in Figure 1. Table 2 summarizes the before and after trip generation for the proposed trip transfer. As this table shows, the transfer of unassigned office space from Corporate Plaza and Corporate Plaza West to Block 100 results in no additional PM peak hour trips since the trip rate for each office development in this transfer is the same. A potential impact could occur if there were to be any significant change in trip distribution. The trip distribution impact of the transfer is projected to result in no significant change since the shifting of future trips literally across the street from Corporate Plaza or Corporate Plaza West to Block 100 will not create any significant redistribution of trip patterns. Because this an amendment to the Planned Community, the office entitlement being transferred from Corporate Plaza and Corporate Plaza West is potentially subject to Newport Beach Traffic Phasing Ordinance (TPO) analysis. Application of the current ITE office ADT trip rate of 1 1 .03 trips/TSF to the proposed 21,161 square foot transfer results in a total of 233 ADT. This daily trip generation is less than the threshold of 300 ADT established in the TPO; therefore, the project is exempt from the TPO analysis. ® Stantec cl v:\2073\active\2073009050\report\trip_transfer_8\rpt_newport_ctr_ trip_transfer8.docx J 16-250 �� r.� . o _ F f, a n 41. CO( --(,FF, F[(-,7-(-,�Cen r �rrrriG ' ` Fir%_r i -_ - AS oao �.rme o FA �O LEGEND - - ~ 5 •• - a l .z r � li •- Son M�g�el � - 1 �l Proposed transfer of 15,468 sf Office space to Block 100 �2 Proposed transfer of 5,693 sf Office space to Block 100 North Newport Center Trip Transfer 8 Stantec Entitlement Transfer Diagram Figure 1 NORTH NEWPORT CENTER TRIP TRANSFER NO. 8 Analysis August 2015 Table 2 Before and After Trip Generation Comparison Location/Use PM Peak Hour Trip Rate Current Entitlement Proposed Entitlement Amount PM Peak Hour Trips Amount PM Peak Hour Trips Block 100 Office 1.49/TSF' 99.953 TSF 149 121.114 TSF 181 Corporate Plaza Office I 1.49/TSF' 220.143 TSF 328 204.675 TSF 305 Corporate Plaza West Office 1.49/TSF' 162.364 TSF 242 156.671 TSF 233 TOTAL 719 719 Trip Rate Source: ' ITE Category 710 ® Stantec cl v:\2073\active\2073009050\report\trip_transfer_8\rpt_newport_ctr_ trip_transfer8.docx J 16-252 NORTH NEWPORT CENTER TRIP TRANSFER NO. 8 Conclusions August 2015 4.0 CONCLUSIONS North Newport Center Trip Transfer No. 8 is "trip neutral" based on the PM peak hour trips. The transfer of 15,468 square feet of office space in Corporate Plaza and 5,693 square feet of office space in Corporate Plaza West to office space in Block 100 can be accomplished with no significant impact on the surrounding circulation system. Furthermore, the project is exempt from TPO analysis based on the daily trip generation. ® Stantec cl v:\2073\active\2073009050\report\trip_transfer_8\rpt_newport_ctr_ trip_transfer8.docx o 16-253 Attachment F Planning Commission Resolution No. 1993 16-254 RESOLUTION NO. 1993 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO, PD2015-003 AND TRANSFER OF DEVELOPMENT NO. TD2015-001 (PA2015-109) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. I. An application was filed by The Irvine Company requesting approval of amendments to the North Newport Center Planned Community Development Plan (PCDP), Block 500 Planned Community District Regulations, and a Transfer of Development from the Corporate Plaza and Corporate Plaza West. Planned Communities to the North Newport Center Planned Community Block 100. 2. The requested amendment to the North Newport Center PCDP updates development limits to reflect past transfers of development and adds two existing buildings (2071 and 2101 San Joaquin Hills Road) to subarea Block 500. The amendment also modifies height limits, allowed uses, parking requirements, and sign regulations. The proposed amendment to the Block 500 Planned Community District Regulations removes 2071 and 2101 San Joaquin Hills Road. The transfer of development application transfers unbuilt development from the Corporate Plaza (15,468 square feet) and Corporate Plaza West (5,693 square feet) Planned Communities to the North Newport Center Planned Community Block 100. The transfer of development will allow the continued use of a 21,161 square foot building within the North Newport Center Planned Community Block 100 and full occupancy of 520 Newport Center Drive and ensure that development limits of the General Plan are not exceeded. 3. Amendments to the Corporate Plaza and Corporate Plaza West Planned Community District Regulations have been included with the application to reduce the maximum development intensity allowed within the two planned communities to reflect the applicant's requested transfer of development. 4. A public hearing was held on September 17, 2015 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The Planning Commission finds the proposed amendments to the Block 500, Corporate Plaza, and Corporate Plaza West Planned Community District Regulations and the transfer of development exempt from and not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA 16-255 Planning Commission Resolution No. 1993 Paae 2 of 10 Guidelines, California Code of Regulations, Title 14, Chapter 3. It can be seen with certainty that there is no possibility that the project could have a significant effect on the environment. No development would be authorized and all development within the affected planned communities is within the limits of the General Plan. The transfer of unbuilt development to Block 100 of the North Newport Center Planned Community will allow the continued use of an existing building and no new development would result. A traffic analysis was prepared under the supervision of the City Traffic Engineer and it concludes the transfer is trip neutral and no significant impact to traffic would result. 2. The Planning Commission further finds the proposed amendment of the North Newport Center Planned Community exempt from CEQA pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines because it has no potential to have a significant effect on the environment. The Class 1 exemption allows the alteration of existing structures involving negligible or no expansion of use and the Class 3 exemption allows construction of new, small facilities or structures and installation of small new equipment and facilities. The changes to planned community regulations do not authorize new uses or development and will not expand uses. The increase in height for architectural features and rooftop appurtenances are minor within the context of the existing and anticipated building heights as planned and regulated by the North Newport Center Planned Community District Plan. 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3, FINDINGS. Planned Community Development Plan Amendment No. PD 2015-003 1. The requested amendment of the North Newport Center Planned Community is appropriate and will update the regulations reflecting past approved and proposed transfers of development allowing for more efficient and accurate administration of regulations. Adding 2071 and 2101 San Joaquin Hills Road to the PCDP is appropriate and will regulate these sites consistent with the adjacent office buildings currently within the PCDP. The changes to permitted uses, height regulations, parking regulations, and sign regulations are appropriate and acceptable and will appropriately implement the General Plan and avoid land use conflicts. 2. The requested amendment of the Block 500 Planned Community District Regulations is appropriate and is necessary to maintain consistency with the proposed changes to the North Newport Center PCDP. 16-256 Planning Commission Resolution No. 1993 Paae 3 of 10 3. The amendments to the Corporate Plaza and Corporate Plaza West Planned Community District Regulations to reduce the maximum development intensity are appropriate and will maintain consistency with the General Plan and Transfer of Development No. TD 2015-001. Transfer of Development No. TD 2015-001 1. General Pian Policy LU 6.14.3 allows development rights to be transferred within Newport Center as long as the transfer is consistent with the intent of the General Plan and will not result in any adverse traffic impacts. The Newport Center Planned Community Development Plan includes procedures that implement General Plan Policy LU 6.14.3 that requires transfers to be trip neutral. 2. The General Plan designates the recipient site Block 100 and Corporate Plaza, one of two donor sites, as CO -R (Regional Commercial Office) that are intended to provide for administrative and professional offices that serve local and regional markets with limited accessory retail, financial, service, and entertainment uses. Corporate Plaza West, the second donor site, is designated CO -G (General Commercial Office), which is intended provide for administrative, professional, and medical offices with limited accessory retail and service uses; hotels, motels, and convalescent hospitals are not permitted. The transfer of office development intensity with no change of land use between these office blocks is consistent with the land use designations of the General Plan. 3. A trip transfer analysis titled North Newport Center Trip Transfer No. 8 (Stantec Consulting Services Inc., August 5, 2015) was prepared for the transfer of development application in compliance with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan. The proposed transfer is a transfer of office uses on a square foot per spare foot basis and does not include a conversion of land uses. The trip transfer analysis found the transfer is trip neutral and would not generate a significant impact to area intersections. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Planned Community Development Plan Amendment No. PD2015-003 as shown in the following exhibits: Exhibit A: Changes to the North Newport Center Planned Community Development Plan Exhibit B: Changed pages of the North Newport Center Planned Community Development Plan Appendix Exhibit C: Changes to the Block 500 Planned Community District Regulations Exhibit D: Changes to the Corporate Plaza Planned Community District Regulations Exhibit E: Changes to the Corporate Plaza West Planned Community District Regulations 16-257 Planning Commission Resolution No. 1993 Page 4 of 10 2. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Transfer of Development No. TD2015-001 consisting of; 1) the transfer 15,468 square feet of office intensity from Corporate Plaza to the North Newport Center Planned Community Block 100, and 2) the transfer 5,693 square feet of office intensity from Corporate Plaza West to the North Newport Center Planned Community Block 100; subject to the conditions of approval contained in Exhibit F. PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF SEPTEMBER, 2015. AYES: Brown, Koetting, Kramer, Lawler, Weigand li;16=3 ABSTAIN: ABSENT: Hillgren, Zak AN 16-258 Exhibit A Changes to the North Newport Center Planned Community Development Plan 16-259 North Newport Center Planned Community Development Plan Land Uses, Development Standards F± Procedures Adopted December 18, 2007, Ordinance No. 2007-20 (PA 2007-151) Amended November 24, 2009, Ordinance No. 2009-28 (PA 2009-111) .Amended May 24, 2011, Ordinance No. 2011-16 (PA 2011-017) Amended July 24, 2012, Ordinance No. 2012-19 (PA 201.2-020) Amended , 2015, Ordinance No. 2015- (PA 2015- ) 16-260 [this page intentionally blank] 16-261 Land Uses, Development Standards & Procedures Contents I. Introduction and Purpose of Development Plan................................................................................. 1 A. Sub -Area Purpose.............................................................................................................................1 B. Relationship to Municipal Code.......................................................... .......... .....10 .... ........................ C. Relationship to North Newport Center Design Regulations...........................................................10 II. Land Use and Development Regulations............................................................................. ...... 11 A. Permitted Uses................................................................................................................................11 B. Development Limits.......................................................................................................................12 C. Transfer of Development Rights............................................................................ ..........14 III. Site Development Standards............................................................................................................. 15 A. Permitted Height of Structures....................................................................................................... 15 B. Setback Requirements....................................................................................................................16 C. ....................... Parking Requirements................................................................................. ............18 D. Landscaping................................................................................................................... ............19 E. Lighting...................................................................................................................... ....................19 F. Signs...............................................................................................................................................19 G. Residential Compatibility...............................................................................................................24 H. Residential Open Space Requirements...........................................................................................24 IV. Planned Community Development Plan Administration.................................................................. 25 A. Process for New Structures ...................................... ...................................................................... 25 B. Process for New Signs. ................................................................................................................... 26 C. Transfer of Development Rights.................................................................................................... 26 V. Definitions.........................................................................................................................................29 Appendix A Design Regulations North Newport Center Planned Community Development Plan 7124112 — June 2015 Draft 16-262 Land Uses, Development Standards & Procedures [this page intentionally blank] North Newport Center Planned Community Development Plan ii 7124112 — June 2015 Draft 16-263 Land Uses, Development Standards $ Procedures Section I. Introduction and Purpose of Development Plan I. Introduction and Purpose of Development Plan The North Newport Center Planned Community district is comprised of seven sub -areas that include Fashion Island, Block 600 and Block 800 and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza. The sub -areas that comprise North Newport Center shall be governed by the North Newport Center Planned Community ("PC") Development Plan set forth herein, which includes land uses, development standards, and administration. The City of Newport Beach Municipal Code allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The North Newport Center PC Development Plan serves as the controlling zoning ordinance for the sub -areas identified in the Planned Community Development Plan and is authorized and intended to implement the provisions of the Newport Beach General Plan. A. Sub -Area Purpose Newport Center is a regional center comprised of major retail, professional office, entertainment, recreation, and residential development within the City of Newport Beach. The North Newport Center site comprises approximately 443170.3 acres along San Joaquin Hills Road and Newport Center Drive. The seven sub -areas that make up the site including Fashion Island (75 acres), Block 100 (10 acres), Block 400 (4 acres), Block 500 (4-16.3 acres and a 0.4 -acre open space area at the corner of MacArthur Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (17 acres), and San Joaquin Plaza (23 acres) are shown on Figure 1 and are described below. The General Plan identifies the goal of creating a successful Mixed -Use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub -region, with expanded opportunities for residential development. Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. Figure 2, Fashion Island Sub -Area, shows the boundary of Fashion Island. The Commercial Office blocks include Block 100 (Figure 3), Block 400 (Figure 4) and a portion of Block 800 also referred to as Pacific Financial Plaza. Block 100 is generally comprised of administrative and professional offices that serve local and regional markets. Other uses permitted in the block include limited accessory retail, financial, service and entertainment uses. Block 400 is generally comprised of commercial office, with medical related offices and retail use. The Pacific Financial Plaza portion of Block 800 is generally comprised of commercial office and restaurant uses. The Mixed -Use blocks include Block 500 (Figure 5), Block 600 (Figure 6), and San Joaquin Plaza (Figure 7). The Mixed -Use blocks are generally composed of administrative, professional, and financial office uses. Block 600 contains hotel and related ancillary uses. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed -Use concept as established in the General Plan. Permitted uses for the Mixed -Use blocks include offices, light general commercial, hotel, residential and other mixed uses in accordance with the General Plan MU -113 land use designation. The residential portion of Block MO (Figure 8) allows for multi -family residential or senior citizen housing uses. While not categorized as a mixed-use area, Block 800 contains two distinct uses which are not interchangeable. The northern portion of Block 800 is designated for residential use and the southern portion is commercial office. The boundaries of the Mixed -Use blocks included in this Development Plan are shown in Figure 5, Block 500 Sub -Area, Figure 6, Block 600 Sub -Area, and Figure 7, San Joaquin Plaza Sub -Area, respectively. North Newport Center Planned Community Development Plan 1 7124112_— June 2015 Draft 16-264 Land Uses, Development Standards & Procedures Block ��f HEMs North Newport Center Planned CommunityrEl° Figure 1— North Newport Center Planned Community North Newport Center Planned Community Development Plan 7124112 - June 2015 Draft a 16-265 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan r� 1Q �n�fr Npor( Cenier _ f; m Planned Community 0 Not included in Planned Community@� Nicojas...Dr Dr INI Figure 2 — Fashion Island Sub -Area North Newport Center Planned Community Development Plan 3 7124112 — June 2015 Draft 16-266 v U tI 0 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan Fa Planned Community E:1 Not included in Planned Community Figure 3 — Block 100 Sub Area North Newport Center Planned Community Development Plan 4 7124112 —June 2015 Draft 16-267 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan Planned Community Not included in Planned Community 0 Figure 4 -- Block. 400 Sub Area North Newport Center Planned Community Development Plan 7124112 —June 2015 Draft :1 16-268 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan San aquin Hills G .Planned Community Not included in Planned Community hN Figure 5 — Block 500 Sub -Area North Newport Center Planned Community Development Plan 7124112 — June 2015 Draft 16-269 Land Uses, Development Standards & Procedures Section 1, Introduction and Purpose of Development Plan 0 Planned Community Not included in Planned Community HN Figure 6 — Block 600 Sub -Area North Newport Center Planned Community Development Plan 7 7124112 —June 2015 Draft 16-270 F14,004M Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan .�n Joaquin dills Fid i 7 North Newport Center Planned Community Development Plan 7124112 —June 2015 Draft Planned Community Not included in Planned Community Figure 7 — San Joaquin Plaza Sub -Area C 16-271 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan Sara Clemente Drive E] Planned Community ENot included in Planned Community R = Residential CO Commercial Office North Newport Center Planned Community Development Plan 7/24/12 — June 2015 Draft Figure 8 - Block 800 Sub -Area 9 16-272 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan B. Relationship to Municipal Code Whenever the development regulations of this plan conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall regulate this development whenever regulations are not provided within these district regulations. All words and phrases used in this North Newport Center PC Development Plan shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in Section V —Definitions. The Municipal Code referred to herein for Blocks 500, 600, San Joaquin Plaza, and Fashion Island is the version of the Code in effect on December 18, 2007 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). The Municipal Code referred to herein for Blocks 100, 400 and 800 is the version of the Code in effect on rune 5, 2012 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). C. Relationship to North Newport Center Design Regulations Development in North Newport Center shall be regulated by both the Development Plan and the Design Regulations, which is provided as Appendix A. North Newport Center Planned Community Development Plan 7124112 — June 2015 Draft N 16-273 Land Uses, Development Standards & Procedures Section IL Land Use and Development Regulations II. Land Use and Development Regulations A. Permitted Uses 1. General Permitted uses are those uses set forth in this Section for each sub -area as shown on Table 1. The uses identified within the table are not comprehensive but rather major use categories. Specific uses are permitted consistent with the definitions provided in Section V of this Development Plan. Uses determined to be accessory or ancillary to permitted uses., or residential support uses to permitted uses are also permitted. The grin; Conununity Develo np ient Director may determine other uses not specifically listed herein, provided they are consistent with the Commercial Office, Regional Commercial, Mixed -Use, and Residential General Plan districts, the purpose of this Planned Community Development Plan, and the purpose of the sub -area in which the property is located. Table 1 - North Newport Center Land Use Regulation Table Uses Fashion Island Block 100 Block 400 Block 5o0 Block 600 Block 600 Commercial Residentia Office I San Joaquin Plaza Banks/Savings and Loans P P P P P P P - With drive through services MUP MUP MUP MUP MUP MUP MUP Business, Government and Professional P P P P P P Emergency Healthcare Pi P P P P P Management and Leasing Offices P P P P P I P -- P Office, Medical and Dental P P P P P P - Public Safety Facilities P MUP MUP P P MUP P Commercial Recreation and Entertainment P UP UP MUP MUP UP MUP Cultural and Institutional UP UP UP P P UP P Day Care P P4 P} P P P+ - P Day Sas MUP MUP2 MUP, MUP MUP MUP, - MUP Eating and Drinking Establishments P* MUP MUP P** P** MUP P** - Bars/Cocktail Lounges MUP UP UP UP UP UP UP Personal Improvement MUP MUP MUP P P MUP P - Health/Fitness Clubs MUP WWP AAUP P P MUP P+ P Personal Services P P1 Pi P P P1 P P Residential -- P P P P Retail Sales P Pi P' P P P, P+ P Animal Safes and Services MUP -- MUP MUP MUP Medical Retail P Pte` P� P P P. P Visitor Accommodations UP UP UP UP UP UP UP P = Permitted UP = Use Permit MUP = Minor use Permit Issued by the Rla�Community Development Director 1 = Permitted as Accessory/Ancillary Use 2 = In accordance with Chapter 20.87 of the Municipal Code "= A Minor Use Permit Issued by the lel m*g—Community Development Director is required for the sale of alcohol ** = A Use Permit is required for the Sale of Alcohol += Intended for Residential Support Use ++= Accessory and ancillary medical retail, including those in freestanding structures, shall remain subordinate to principal uses -- = Not Permitted North Newport Center Planned Community Development Plan 11 7124112 —June 2015 Draft 16-274 Land Uses, Development Standards & Procedures Section 11. Land Use and Development Regulations 2. Open Space Corners The passive landscape areas on the following corners shall be limited to landscaping, and permitted signage. San Joaquin Hills Road and Avocado, Avocado and San Nicolas Drive (northwest and southwest corners), Avocado and San Miguel (northwest), San Joaquin Hills Road and Santa Rosa Drive (southwest and southeast), San Joaquin Hills Road and Santa Cruz Drive (southwest and southeast corners), San Joaquin Hills Road and Jamboree Road and San Joaquin Hills Road and MacArthur Boulevard, 3. Special Events The general regional Mixed -Use nature of North Newport Center results in a variety of special events and temporary uses throughout the year. Special community events, such as parades, trade shows, car shows, pageants, community concerts, outdoor displays, recreation/entertainment events and temporary structures are permitted within the North Newport Center Planned Community consistent with the following provisions: a. If the event takes place on private property within Fashion Island the event is not regulated so long as it does not displace required parking. Such events must comply with the City's Municipal Code related to noise control and other pertinent standards. b. If the event takes place anywhere else within North Newport Center or the public right- of-way, ight- ofway, such events are permitted as long as they comply with the Municipal Code. B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan and are identified in Table 2 below. Development limits may be modified through the approval of a Transfer of Development Rights. Carts, kiosks, temporary and support uses are permitted and are not counted towards square footage development limits. North Newport Center Planned Community Development Plan 12 7124112 —June 2015 Draft 16-275 Land Uses, Development Standards & Procedures Section H. hand Use and Development Regulations Table 2 — Development Limits (A) A, aquare rootage indicated in i aoie z may not rertect current aoveiopment umns because of the transfer or aevoopment rights provision oesohbea in Sections II.0 and IV,C herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights, C. The maximum development for Block 100 may not exceed 121,114 square feet, Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. In 2015, TDR 2014-2 re-established 99,953 square feet of commerc4 office intensitLj4-an4ws have festtlte�l�ie � desk 9fl9: D. erred ef#toe]coint�Ae 1. Fashion Island The total gross floor area for Fashion Island is 1-649,P151,523,416 square feet plus 1;7 &jj LQmovie theater seats. The movie theater building area is equivalent to and may be converted to x.59011,000 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed -Use Sub -Areas The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 residential units and 295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are measured on a per unit basis, The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for the commercial office blocks is specified in Table 2 above. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shams North Newport Center Planned Community Development Plan 13 7]24112—June 2015 Draft 16-276 Fashion San Joaquin Land Use Island Block 100 Block 400 Block 300 Block 600 Block 800 Plaza Total Regional 4,� ,,�2a 5583 0 0 0 0 0 0 449,526 Commercial 416 sq, ft. 1,523.416 sq. ft. Movie 4; X99 680 seats 0 0 0 0 0 0 1;799 680 seats Theater -(ZTW0I1,000 {9,59911,000 sq, ft,3 sq. ft,a Hotel (B) 0 0 0 295 0 0 295 Residential 0 0 0 0 0 245 524 769 Office] 0 4 - Commercial 121,114 sq, 91,727 sq. ft, 4991959 4 344 BN 286,166 95,550 sq, ft, 2;41341 ft, 623,525 sq, 1,353,399 sq, {F1) 2,571.481 sq, ft. {C) ft.(D) ft. P A, aquare rootage indicated in i aoie z may not rertect current aoveiopment umns because of the transfer or aevoopment rights provision oesohbea in Sections II.0 and IV,C herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights, C. The maximum development for Block 100 may not exceed 121,114 square feet, Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. In 2015, TDR 2014-2 re-established 99,953 square feet of commerc4 office intensitLj4-an4ws have festtlte�l�ie � desk 9fl9: D. erred ef#toe]coint�Ae 1. Fashion Island The total gross floor area for Fashion Island is 1-649,P151,523,416 square feet plus 1;7 &jj LQmovie theater seats. The movie theater building area is equivalent to and may be converted to x.59011,000 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed -Use Sub -Areas The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 residential units and 295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are measured on a per unit basis, The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for the commercial office blocks is specified in Table 2 above. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shams North Newport Center Planned Community Development Plan 13 7]24112—June 2015 Draft 16-276 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Support uses are not included in the square footage development limits and shall not require parking. 4. Block 800 Residential The maximum number of dwelling units for multi -family residential use shall not exceed 245. C. Transfer of Development Rights The transfer of development rights among sub -areas of this Planned Community and to/from other areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in accordance with the General Plan. Development rights may be transferred through a change in location of use(s) and/or a conversion of non-residential use to any other non-residential use allowed by the General Plan and this Planned Community Development Plan or applicable zoning at the receiving site(s). Residential use may be relocated, but may not be converted to or from another use. The transfer of development rights shall be approved, as specified in Section IV.0 below, if the transfer will not result in any adverse traffic impacts and will not result in greater intensity than development allowed without the transfer. North Newport Center Planned Community Development Plan 14 7124112 — ,tune 2015 Draft 16-277 Land Uses, Development Standards & Procedures Section Ill. Site Development Standards III. Site Development Standards The following site development standards shall apply to the North Newport Center Planned Community. A. Permitted Height of Structures 1, Standards for Allowable Heights Allowable heights are determined by sub -area, All building heights are measured at finished grade. Rooftop appurtenances and architectural features are permitted and may exceed the maximum building height by up to 10 feet. Rooftop a urtenances must be screened from view, the height of rooftop a urtenances shall not exceed the height of screening, Soports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required.. Architectural features must be an extension of the architectural style of the building in terms of materials, desimn and color. Fashion Island: The maximum heights of structures within Fashion Island are depicted in Table 3, Fashion Island Height Limits, Table 3 — Fashion Island Height Limits Building Type Height Major Buildings 125' Mall Buildings 75' Parking Structures 55' Periphery Buildings 40' Block 100: The maximum height of all structures shall be 50 feet as measured from finished grade. Blocks 400, 500, and 600: The maximum height of all structures shall be 295 feet as measured from finished grade. Block 800: The maximum height of all structures within the residential portion shall be 200 feet as measured from finished grade. The maximum height of all structures within the commercial office portion shall be 125 feet as measured from finished grade. San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65 feet as measured from finished grade. 2. Standards for Buildings Over 200 Feet in Height a. Aviation Compatibility Prior to issuance of building permits, the project applicant must demonstrate that the following conditions have been satisfied. New development shall be required to comply with the following conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport: For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (FAA Form 7460-1). Following the North Newport Center Planned Community Development Plan 15 7124112 — June 2015 Draft 16-278 Land Uses, Development Standards & Procedures Section III. Site Development Standards FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the North Newport Center Planned Community area shall penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. b. Shade Standards Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time, or for more than four hours between the hours of 9:00 a.m. and 5,00 p.m. Pacific Daylight Time. The shade study shall be prepared to the satisfaction of the ming --Community Development Director and the P4ffflftifkg-Coinmunity Development Director shall determine conformance with the standards identified herein as part of the plan review process. C. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop appurtenances shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of the screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. The Plar rrt-Com nunity Development Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV(A)(3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). The PUffining-Community Development Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV (A)(3). B. Setback Requirements Setbacks for the seven sub -areas are listed below. Setbacks for surface parking must be screened using hedges, landscaping or other similar methods. Setbacks are the minimum distance from the property line to building, parking structure, or parking lot, unless otherwise specified. This is not intended to apply to interior lot lines or property lines. North Newport Center Planned Community Development Plan 7124112 —June 2015 Draft 16 16-279 Land Uses, Development Standards & Procedures Section III, Site Development Standards Fashion Island Newport Center Drive: 10 feet; may be reduced to 0 feet by the b Community Development Director through the plan review process. Block 100 Newport Center Drive: 15 feet Anacapa Drive: 15 feet Farallon Drive: 15 feet Block 400 Newport Center Drive: 15 feet San Nicolas Drive: 15 feet Block 500 Newport Center Drive: 15 feet Santa Rosa: 15 feet San Joaquin Hills: 15 feet San Nicolas: 15 feet Block 600 Newport Center Drive: 15 feet Santa Cruz: 15 feet San Simeon: 15 feet — setbacks for parking structure access points may be reduced by the Planni b Community Development Director through the plan review process San Joaquin Hills: 15 feet -- setbacks for parking structure access points may be reduced by the Community Devel.opmentP4aftiking Director through the plan review process Santa Rosa: 15 feet Center Drive (e/w): 0 feet Center Drive (n/s): 0 feet Block 800 Newport Center Drive: 15 feet Commercial office buildings shall be set back 15 feet from Block 800 residential Commercial office parking lots and parking structures shall be set back 5 feet from Block 800 residential Santa Barbara Drive: 15 feet San Clemente Drive: 15 feet Santa Maria Road: 0 feet San Joaquin Plaza San Joaquin Hills: 15 feet Santa Cruz: 15 feet San Clemente: 15 feet Santa Barbara: 15 feet North Newport Center Planned Community Development Plan 17 7124112 —June 2015 Draft 16-280 Land Uses, Development Standards & Procedures Section III. Site Development Standards C. Parking Requirements 1. General Standards Parking requirements are based on gross floor area (as defined in the Development Limits for Fashion Island) for regional commercial uses, net floor area for office/commercial uses, and unit counts for hotel rooms and residential units. Kiosks for retail sales, covered or uncovered, shall not be included in the calculation of required parking. Accessory, ancillary, and support uses for hotel and residential developments shall not be included in the calculation of required parking. Kiosks and sundry shops serving tenants, including accessory, ancillary and support uses less than 5 percent of the gross floor area, are not counted as square footage and do not require parking. Parking management or engineering offices located in parking structures are counted as square footage and require parking. Parking requirements for North Newport Center are shown below on Table 4, North Newport Center Parking Requirements. Table 4 - North Newport Center Parking Requirements Land Use Parking Requirement Regional Commercial 3 spaces per 1,000 square teed Movie Theater 3 spaces per 1,000 square feet Office 1 space per 375 square feet Medical Office Municipal Code Hotel Municipal Code Residential 2 spaces per unit includes 1 covered; plus 0.5 spaces per unit up to 50 units, then 0.25 spaces per unit thereafter for guest parking Other Municipal Code Fer Joaquin Pi=r=aE1- a paF14ing Manage -„t t `L,.,tt l,n t m.,7,te n -deter f--adequate-pafk4ftg. if a at-kiag the -M izieipuzCode. Parking ,$1E .nn, and ran„ k ann pro�c�d-perA� 3�f M^' r'n'a Shared parkingamong and between sites, lots, blocks, and sub- areas is allowed. Parking for Block 800 Residential shall be provided at 2 parking spaces per unit including 1 covered; plus 0.5 spaces per unit for guest parking. 2. Valet Parking Valet parking and satellite parking with shuttle service that involves use of the public right-of-way shall require approval by the City Traffic Engineer. 3. Parking Management Plan Parking management plans may be prepared if the applicant wishes to deviate from the parking standards identified above. Parking management plans may address issues such as modified parking requirements based upon complimentary peak hour demand of uses, off peak shared parking between sub -areas, drop off and valet services on private property, and tandem parking. The parking management plan shall take into I The parking requirement during the peak seasonal period is 4 spaces per 1,000 square feet per an existing parking management plan. North Newport Center Planned Community Development Plan 7/24/12 —June 2015 Draft 16 16-281 Land Uses, Development Standards & Procedures Section Ill. Site Development Standards account properties that are not part of the Planned Community district, but that are served by parking located within the district, and shall ensure that no detrimental effects to the existing parking for such properties occur. Parking management plans shall be prepared by an independent traffic engineer at the applicant's expense. Parking management plans shall be approved by the City Traffic Engineer prior to the issuance of building permits. D. Landscaping Landscaping shall be installed subject to the following standards and maintained in a healthy, weed - free condition, free of litter and so as not to interfere with traffic safety 1. Surface Parking Lot Landscaping: Parking lots shall be landscaped at a minimum of 1 tree per 5 parking spaces. The minimum size of trees shall be 24 -inch box. 2. Water Conservation: Satellite linked irrigation controllers or appropriate best manage- ment practices shall be incorporated into landscape design for new construction. E. Lighting Parking lots and walkways accessing building and parking areas shall be illuminated with a minimum maintained 0.5 foot-candle average on the driving or walking surface during the hours of operation and one hour thereafter. If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the I'lanniff—Community Development Director for review and approval. Indirect, decorative halo banding along the top of buildings is permitted. F. Signs 1, General Sign Standards All permanent and temporary signs in North Newport Center that are visible from public right-of- ways and public property shall be consistent with the provisions of these sign standards, unless otherwise approved by the P4an.Hiffgam-Community Development Director. All permanent and temporary signs that are not visible from public right-of-ways are not limited in quantity, size, location, or design. Sign illumination is permitted for all sign types, Wall signs that are visible from public right-of-ways must consist of individual fabricated letters; or routed -out letters in an opaque background, Enclosed "box" or "can" signs are not permitted, unless they are logos. All commercial uses are permitted to place at each entry an incidental sign located at or below eye level to be visible to pedestrians, and shall not exceed six square feet. In addition to other signs permitted in this section, signs used to give direction to vehicular or pedestrian traffic are permitted. Directional signs oriented to vehicular or pedestrian traffic within internal drives or walkways of a development block are not regulated. Directional signs oriented to vehicular or pedestrian traffic in the public right of way are regulated as follows. Sign content shall not be limited. Signs shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code. Directional signs are limited to a maximum of 10 square feet in size but are not limited in quantity, location, or design. Temporary signs that are intended to be displayed for 60 days or less are permitted for purposes related to special North !Newport Center Planned Community Development Plan 19 7124112 — June 2015 Draft 16-282 Land Uses, Development Standards & Procedures Section IIL Site Development Standards events, holiday activities, and store openings. Detailed standards for temporary signs are contained below. A comprehensive sign program may be prepared if the applicant wishes to deviate from the sign standards identified herein. Comprehensive sign programs shall be submitted for review and consideration in accordance with the provisions of the Municipal Code. Sign programs in place prior to this writing including the Island Hotel and Leasing Sign Programs shall remain in place, 2. Restricted Sign Types Signs visible from public right-of-ways are subject to the following restrictions. a. No rotating, flashing, blinking, or signing with animation shall be permitted on a permanent basis. b, No signs shall be permitted which imitate or resemble official traffic signs or signals. C. No wind signs or audible signs are permitted. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code, 3. Sign Standards for Fashion Island In addition to the general sign standards identified above, specific sign standards for Fashion Island are provided in Table 6, Fashion Island Sign Standards below. Table 6 — Fashion Island Sign Standards Sign Type Shopping Center Identification Sign Major Tenant Sign Freestanding Commercial Location Each vehicle entry drive location Exterior walls or parapets of buildings Exterior walls or parapets of buildings Monument Maximum Number 2 per entry drive (one on each side) 1 sign per building elevation (maximum 4 signs for each major 1 sign per building elevation (maximum 4 signs for each building or structure) 1 per building Maximum Sign Size 900 square feet 10 feet high Determined by name of tenant; letter/logo height not to exceed 10 feet Determined by name of tenant; letter/logo height not to exceed 3 feet 50 square feet 5 feet high Maximum Letter! Logo Height 9 feet 90 feet 3 feet 4.5 feet Tenant Sign Exterior elevations of shopping 1 sign per tenant, per 9 square foot per each 10 feet center and parking structures building elevation lineal foot of storefront facing Newport Center Drive (not to exceed 100 square feet) Theater Signs Facing Newport Center Drive 42 300 square feet Theater name: (exterior wall or parapet of 20 feet high 5 feet building which theater occupies, Each show title: free standing, or on adjacent 3 feet high parking structure) 15 feet wide Store Address Each entry to store 1 per store entry 6 square feet 12 inches Entry Marker Signs To be approved by Pla" 7 signs 36 square feet (with 2- 2 feet Community Development Director foot overhang) 15 feet high North Newport Center Planned Community Development Plan 20 7124112 — June 2015 Draft 16-283 Land Uses, Development Standards & Procedures Section 111. Site Development Standards 4. Sign Standards for Mixed -Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed -Use blocks, Block 100, Bloch 400, and Block 800 are provided in Table 7 below. The location of signs specified below may be changed subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code, so long as the total number of sums in not increased. Primary building address numbers shall be visible from the street {and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which have their primary address numbers on the cubes along Newport Center Drive. Secondary address signs may be located where appropriate for on-site orientation and safety. All address signs shall have a consistent color, design, and material for any given building, A single letter style is recommended. Table 7 — Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza North Newport Center Planned Community Development Plan 7/24112 — June 2015 Draft 21 1 16-284 Maximum Sign Maximum Sign Letter/Logo Type Description Location Maximum Number Size Height A Large cube or blade Santa Rosa Drive 2 15 feet high 24 inches sign located at at San Joaquin Hills Road (1 per corner) 15 feet wide Santa Cruz Drive 2 15 feet high 24 inches entries to Newport Center at San Joaquin Hills Road (1 per corner) 15 feet wide Block 500: 4 15 feet high 24 inches at San Joaquin Hills Road 1 Avocado 4 15 feet wide 24 RGhes Block 590; 4 15 feet higk 244nstaes at San Nicolas I Avocado 4 454eet-wide MacArthur Boulevard 16 feet high at San Joaquin Hills Road 15 feetwde San Joaquin Plaza: 1 15 feet high 24 inches at Jamboree I San Joaquin Hills Road 15 feet wide B Small cube located San Nicolas Drive 2 5 feet high 5 inches along Newport at Newport Center Drive (1 per corner) 5 feet wide Center Drive Newport Center Drive 2 5 feet high 5 inches and Santa Rosa (1 per corner) 5 feet wide Block 600: 5 5 feet high 5 inches Along Newport Center Drive 5 feet wide Block 800: 4Z 5 feet high 5 inches Newport Center Drive ead 5 feet wide at Santa Maria Road at Santa Barbara Drive C Other Freestanding Block 100 1 per frontage 5 feet high 10 inches Signs 10 feet wide Block 400: Avocado at San Miguel 2 5 feet high 13 inches Along San Nicolas 1 8 feet wide Between 500 and 550 Newport Center 1 4 feet high 1 B inches Drive 1 12 feet wide Block 600: 2 7 feet high 18 inches Along Santa Cruz Drive 1 22 feet wide North Newport Center Planned Community Development Plan 7/24112 — June 2015 Draft 21 1 16-284 Land Uses, Development Standards & Procedures Section lll, Site Development Standards North Newport Center Planned Community Development Plan 22 7124112 -dune 2015 Draft 16-285 Maximum Sign Maximum Sign Letter/Logo Type Description Location Maximum Number Size Height Block 800: Along Newport Center Drive 42 5-6 feet high 44248 inches 25-10 feet wide Along Santa Barbara Drive 1 354 feet high 295124 inches 46 feet wide Santa Cruz Drive 1 15 feet high 24 inches at Newport Center Drive 15 feet wide San Joaquin Plaza: 6 feet high 5 1/2 inches for Along San Joaquin Hills Road 1 each 12 feet wide Tenant ID; ; Santa Cruz Drive; (3 signs along 18 inches for San Clemente Drive San Clemente Drive) Project ID San Clemente Drive 1 5 feet high 18 inches at Santa Cruz Drive 12 feet wide San Clemente Drive 1 5 feet high 18 inches at Santa Barbara 16 feet wide D Block 400: 1 Determined by 18 inches Signs mounted on landscape walls (includes ground mounted signs in front of landscaping and landscape walls) facing Newport Center Drive name of tenant; letterllogo height not to exceed 18 inches Block 500: facing Newport Center Drive 4 Determined by name of tenant; 26 inches letter/logo height not to exceed 26 inches Block 600: 2-3 facing San Determined by 18 inches facing streets Joaquin Hills; name of tenant; 5 facing Newport Center Drive; letter/logo height not to exceed 18 1 facing Santa Rosa inches Block 800: 2 Determined by 36 inches at San Clemente project entry name of tenant; letterllogo height not to exceed 36 Inches Block 800: 1 Determined by 36 inches at San Clemente ! Santa Barbara name of tenant; letterllogo height not to exceed 36 inches Block 800 1 Determined by 40 inches Along Newport Center Drive name of tenant; letter/logo height not to exceed 40 inches E Building Sign On building elevation, awning of 2 per Primary Tenant Determined by Primary parking structure 1 per Secondary name of tenant; Tenant - Tenant letter/logo height 24 inches 3 for restaurants not to exceed: Secondary Primary 24 Tenant - inches. Secondary 16 inches 16 inches Restaurant: Restaurant: 40 40 inches inches high North Newport Center Planned Community Development Plan 22 7124112 -dune 2015 Draft 16-285 Land Uses, Development Standards & Procedures Section III. Site Development Standards S. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under develop- ment or offered for lease. Temporary signs that are visible from public right-of-ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60 -day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same comer of the building. Type: Single- or double-faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway.. If wall signs, they must be located below the sill of second floor windows. Design: Rectangular shape; rigid, permanent material; not fabric. Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. North Newport Center Planned Community Development Plan 7124112 —June 2015 Draft 23 16-286 Maximum Sign Maximum Sign Letter/Logo Type Description Location Maximum Number Size Height F Building Address On building elevation 1 each 24 inches high 24 inches (additional address signs may be located where appropriate for on-site orientation) G Freestanding Santa Rosa Drive at Newport Center 1 each 8 feet high 18 inches Building Address Drive; San Nicolas Drive at Newport 6 feet wide Center Drive; Santa Cruz at Newport Center Drive; San Joaquin Hills Road 2 28 inches H Advisory Signs Parking Lots and As appropriate for 6 feet high As required by Entries to Parking Lots safety and orientation Fire Department or Building Code for safety purposes Drive Through Drive Throughs 1 per tenant per 8 feet wide 15 inches Signs elevation, up to 2 on walls of structure J Apartment Leasing Signs Block 800 1 per frontage 5 feet high by 3 24 inches feet wide panel on post K Office Leasing Blocks 100, 400, 500, 600, 800 and 1 per frontage 4.5 feet high by 5 7 inches Signs San Joaquin Plaza feet wide S. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under develop- ment or offered for lease. Temporary signs that are visible from public right-of-ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60 -day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same comer of the building. Type: Single- or double-faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway.. If wall signs, they must be located below the sill of second floor windows. Design: Rectangular shape; rigid, permanent material; not fabric. Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. North Newport Center Planned Community Development Plan 7124112 —June 2015 Draft 23 16-286 Land Uses, Development Standards & Procedures Section III. Site Development Standards G. Residential Compatibility In keeping with the purpose of Fashion Island and the Mixed -Use sub -areas, permitted uses in North Newport Center include uses and events that have the potential to generate noise. Due to the day/evening use of Fashion Island in particular, noise generating activities, lighting, odors from restaurants, and similar occurrences are produced and take place during all hours of operation. Such uses and events are required to comply with the City's Municipal Code regulating these uses. Disclosures shall be made to prospective buyers/tenants of residential developments that there is an expectation for noise levels higher than in typical suburban residential areas as part of the Mixed -Use concept within North Newport Center. Additionally, the disclosure shall indicate that there is an expectation for lighting, odors and similar occurrences in a Mixed -Use setting as compared to suburban residential areas. H. Residential Open Space Requirements The following open space standards shall apply to residential development projects: 1. Common Outdoor Open Space Each project shall provide common outdoor open space either at grade, podium level, or roof level. Common outdoor open space areas shall have a minimum dimension of 30 feet and may contain active and/or passive areas and a combination of hardscape and landscape features, but a minimum of 10 percent of the common outdoor open space must be landscaped. All common outdoor open space must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor open space based on the residential lot area. 2. Common Indoor Space Each project shall provide at least one community room of at least 500 square feet for use by all residents of the project. The area should be located adjacent to, and accessible from, common outdoor open space. This area may contain active or passive recreational facilities or meeting space, and must be accessible through a common corridor. 3. Private Open Space At least 50 percent of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace, with a minimum area of 30 square feet each and an average horizontal dimension of 6 feet. Balconies should be proportionately distributed throughout the project in relationship to floor levels and sizes of units. For any project 8 acres or larger, open space shall be provided in accordance with the General Plan. North Newport Center Planned Community Development Plan 24 7/24/12— June 2015 Draft 16-287 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration IV. Planned Community Development Plan Administration A. Process for New Structures 1, Purpose and Intent The purpose .of the Plan Review process is to provide for review of development proposals for new structures within the North Newport Center Planned Community district. Prior to the issuance of a building permit, all development proposals shall be subject to a Plan Review by the g Cornrnunijy Development Director for review to determine compliance with the Planned Community Development Plan and North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary structures and uses are exempt from this provision. 2. Submittal Contents Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough review of the relationships between uses on the site and on adjacent sites consistent with the Development Plan and the Design Regulations. At the discretion of the lxwpq,—Community Development Director, the requirements for submittal of a Plan Review may be altered from those set forth below when the Director determines that other information will be sufficient to allow a thorough review of the project by the approving authority. Submittals for Plan Review shall include plans that contain the following elements in addition to the City's submittal requirements for plan check: a. Existing Conditions including adjacent structures and proposed improvements b. Floor Plans C. Elevations that clearly demonstrate the architectural theme of each face of all structures, including walls and signs, illustrating the following: 1) All exterior materials 2) All exterior colors 3) Building heights d. Parking management plan (where applicable) C. Preliminary Landscape Plan, illustrating: 1) General location of all plant materials, by common and botanical names 2) Size of plant materials 3) Irrigation concept f. Lighting Plan, including; locations, fixture height, lighting fixture product type and technical specification g. Permitted and proposed floor area, number of hotel rooms, theater seats, and/or residential units h. Statement of consistency with the General Plan, Planned Commiurity Development Plan and Design Regulations i. Any additional background and supporting information, studies or materials that the l Comrnu.ni.ty Development Director deems necessary for a clear representation of the projects j. Shade analysis if required k. Open. Space Plans for residential projects North Newport Center Planned Community Development Plan 7124112 — June 2015 Draft 25 :: Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration 3. Review and Action Submittals shall be reviewed by the hl ifig-Community Development Director, and the min Community Development Director shall approve the project if he/she makes the following findings: a. The proposed use and/or development is consistent with the General Plan. b. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations. The P4ffimaiR,--Community Development Director shall notify the Planning Commission and City Council if deviations from the height limit are approved. The P~lanaing- Commun..ity Development Director action is the final action unless appealed in accordance with the Municipal Code. B. Process for New Signs Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall be reviewed for consistency with the Development Plan and Design Regulations, C. Transfer of Development Rights The following procedure shall be used for the transfer of development rights. 1. The project applicant shall submit an application to the Rlafta4it—Community Development Director, which identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be relocated, and the sending and receiving sites. If the requested transfer includes the conversion of non-residential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. 2. The City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE's "Trip Generation," unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. 3. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in the Traffic Phasing Ordinance of the Municipal Code, except that "unsatisfactory level of service" shall be as specified in the General Plan. 4. If the transfer request involves the conversion of uses, the P4aw4*g-Community Development Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 16.1765 square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the Ppb Community Development Director. North Newport Center Planned Community Development Plan 26 7124112 —June 2015 Draft 16-289 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration 5. Applications for transfer of development rights shall be considered by the City Council as a ministerial action. The City Council shall approve a transfer of development rights if it finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. In addition, if the traffic study in Subsection c. is required, the City Council shall approve the transfer if it results in no greater traffic impact than the development allowed without the transfer. North Newport Center Planned Community Development Plan 27 7124112 — June 2015 Draft 16-290 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration [this page intentionally blank] North Newport Center Planned Community Development Plan 7124112 — June 2015 Draft 28 16-291 Land Uses, Development Standards & Procedures Section V. Definitions V. Definitions All words and phrases used in this North Newport Center PC shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in this section. Architectural Features: A visually prominent or formally significant element of a building which expressed its architectural language and style in a complementary fashion. Architectural features should be logical extensions of the massing, details, materials and color of the building which complement and celebrate its overall aesthetic character. Advisory Sign: Any sign that contains directional or safety information; does not contain advertisements. Audible Signs: Any sign that uses equipment to communicate a message with sound or music. Banks/Savings & Loans: Establishments that provide a full range of retail banking and mortgage loan services to individuals and businesses. Includes only those institutions engaged in the on-site circulation of cash money. Also includes businesses offering check - cashing services. Drive-through or drive -up service included. Bars and Cocktail Lounges: Establishments engaged in selling or serving alcoholic beverages for consumption on the premises or establishments having any of the following characteristics: - Licensed as a "public premises" by the California Department of Alcoholic Beverage Control. - Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not be deemed as constituting regular food service. Building Elevation: The exterior wall surface formed by one (1) side of the building. Building Height: Building height is measured from the corresponding point on the roof to the exterior finished grade. If the building is on a sloping surface, the height measurement is taken from the building entrance. Exceptions include but are not limited to below grade parking structure entrances, motor courts, and retaining walls. See Graphic 1 on page 34. Business, Government and Professional: Offices of firths, individuals or organizations that provide professional, executive, management or administrative services (e.g., architectural, engineering, government, insurance, investment, legal, planning). Includes administrative, clerical or public contact offices of a government agency, including incidental storage and maintenance of vehicles. Support retail and service uses also allowed. Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales and services. Generally mobile in terms of ease of relocation, the structures can be seasonal, temporary or for a more permanent use. Commercial, Recreation and Entertainment: Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include: North Newport Center Planned Community Development Plan 29 7124112 — June 2015 Draft I 16-292 Land Uses, Development Standards & Procedures Section V. Definitions - arcades or electronic games centers having three or more coin-operated game machines bowling alleys - billiard parlors - cinemas ice/roller skating rinks live entertainment T pool rooms - tennis/racquetball courts theaters Cultural Institutions: Public or private institutions that display or preserve objects of community, or cultural interest in one or more of the arts or sciences. Day Care: Non-medical care and supervision of children or adults on a less than 24 hour basis, including nursery schools, preschools, and day care centers. Day Spas: Establishments that specialize in the full complement of body care including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, water treatments and massage which is open primarily during normal daytime business hours and without provisions for overnight accommodations. Department Store: A store selling a wide variety of goods or services arranged in several departments. Eating and Drinking Establishments: Establishments engaged in serving prepared food or beverages for consumption on or off the premises. Emergency Health Care: Establishments that provide emergency medical service with no provision for continuing care on an inpatient basis. Entry Marker Sign: Sign used to provide information on activities and events, as well as advertise stores and shops within a shopping center. Eye Level: The height of 5 feet measured from grade. Freestanding Commercial: Any building with a commercial use which is separated from other commercial uses by parking and/or streets. Internal Pedestrian Street: Any walkway, path, plaza, arcade or corridor, either covered or open to the sky, which is primarily for use by people on foot and is not adjacent to the frontage road or common parking areas. Major Building: A mall building over 50,000 square feet. Major Tenant: A store or restaurant having a minimum of 10,000 square feet of floor space, which is located within or between other commercial buildings. Mall Building: Retail buildings where stores front a pedestrian walkway, which may be enclosed or open. North Newport Center Planned Community Development Plan 7!24112—June 2015 Draft 30 16-293 Land Uses, Development Standards & Procedures Section V. Definitions Medical Retail: Sales of medical goods or services that are retail oriented. Illustrative examples of these uses include: - eye exam, eyeglass/contact lens sales - skin treatments - body scanning - dental enhancement treatments Minor Use Permit: Use permit issued by the.. laii onina Administrator. Monument Sign: Any sign that is supported by its own structure and is not part of or attached to any building. Parking Structure: Structures containing more than one story principally dedicated to parking. Parking structures may contain accessory, ancillary and resident support uses. Periphery Building: Building located along the ring of Fashion Island adjacent to Newport Center Drive. Personal Improvement: Includes those services that are personal and that promote the health and well-being of an individual. Personal Services: Establishments that provide recurring services of a personal nature. Illustrative examples of these uses include: - barber and beauty shops - clothing rental shops - dry cleaning pick up store with limited equipment - dry cleaning with no on-site equipment - home electronics and small appliance repair - postal services - locksmiths - self-service laundries - shoe repair shops - tailors and seamstresses - tanning salons - printing & duplicating - travel agencies/services - nail salon Podium Leve1:A superposed terrace confotzning to a building's plan, a continuous pedestal; a level of vertical segregation linking separate areas. Primary Tenant: The largest tenant of a building. Project Identification Sign: A free-standing (single or double faced) monument sign containing the project name. Public Safety Facilities: Police, fire, paramedic and emergency service facilities. Regional Commercial Gross Floor Area: Refer to Section II.B.1 above. North Newport Center Planned Community Development Plan 31 7124112 -- June 2015 Draft 16-294 Land Uses, Development Standards & Procedures Section V. Definitions Residential: An area within a structure on a parcel that contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation or food preparation. Retail Sales: Stores and shops which sell various lines of merchandise for profit. This includes the sales of non -durable and durable goods to customers. Illustrative examples of these stores and lines of merchandise include: - antiques - appliances - artists supplies - automotive accessories (no installation) - animal sales and services - bakeries - bicycles - books - cameras and photographic supplies - carpeting and floor covering clothing and accessories - convenience markets/stores - department stores - drug and discount stores - dry goods - electronic equipment (including automotive installation) - food and beverages - gift shops - handcrafted items - hardware - hobby materials - jewelry - real estate information center - luggage and leather goods - medical supplies and equipment - musical instruments, parts and accessories - office supplies - paint and wallpaper - pharmacies - shoe stores - specialty shops - sporting goods and equipment - supermarkets - tobacco - toys and games Rooftop Appurtenance: Rooftop appurtenances include, but are not limited to, mechanical equipment, stairwell and elevator shaft housing, antennae, window washing equipment, and wireless communication facilities. See Graphic 1 on page 34. Secondary Tenant: A small tenant; not the primary tenant of an office building. North Newport Center Planned Community Development Plan 7124112 —June 2015 Draft 32 16-295 Land Uses, Development Standards & Procedures Section V, Definitions Senior Citizen Housing: A residential development for senior citizens (i.e., persons 55 years of age or older) that has at least 35 dwelling units and conforms to Civil Code 51.3(b)(4). Service Tunnels: A corridor limited to access for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for customer circulation or access, and not for use as storage or office space, Sign: Any media, including their structure and component parts which are used or intended to be used out-of-doors to communicate information to the public.. Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images composing the sign. Sign Face: The physical plane and/or surface upon which the working or images are applied. Sign Letter: The individual symbols of the alphabet used in forming the words of a message. Shopping Center Identification Sign: A monument sign identifying a shopping center. Support Uses: Uses within residential developments, offices and hotels, and parking structures designed, oriented, and intended to primarily serve building occupants. This includes uses such as dry cleanexs, coffee vendors, and sundry shops. Such uses must be consistent with the pertinent regulations in Table 1. Tenant Sign: Any permanent sign of an establishment that is located on or attached to the storefront elevation, a covered walkway, or an awning for the purpose of communicating the name of the tenant. Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Theater Sign: Any permanent sign used to communicate to the public the name of a theater and the show(s) or movie(s) that are offered. Vehicle Entry: Any intersection points along the public right-of-way that provide access for automobiles. Visitor Accommodations: Establishments offering lodging rooms, including bed and breakfasts, inns, hotel, and motels. Incidental support facilities are included within these uses. Wind Sign: A series of similar banners or objects of plastic or other light material more than 2 inches in diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. North Newport Center Planned Community Development Plan 33 7/24/12 — June 2015 Draft 16-296 Land Uses, Development Standards & Procedures Section V. Definitions MECHANICAL PENTHOUSE ELEVATOR OVERUN _ „ TOP OF PARAPET oF.LA.T�.QQQurr+i E,p, s PAce __ FINISH GRADE NOTE: In no instance shall any part of the building, including rooftop appurtenances or architectural features, penetrate the FAA (Part 77) imaginary obstruction surface for John Wayne Airport, Graphic 1, Example of Building Height and Rooftop Appurtenances North Newport Center Planned Community Development Plan 7/24112 —June 2015 Draft 34 16-297 Exhibit S Changed pages of the North Newport Center Planned Community Development Plan Appendix 16-298 S Land Uses, Development Standards & Procedures Appendix— Design Regulations F� 4 t v A3 A4 A5 North Newport Center Design Regulations 26 7124112 — 2015 Draft Z M U) 16-299 Land Uses, Development Standards & Procedures Appendix— Design Regulations Sign B — Small Cube (existing signs as of June 2015) f � 4 B4 135 Z M M C!? North Newport Center Design Regulations 27 7124112 — 2015 Draft 1 16-300 Land Uses, Development Standards & Procedures Appendix— Design Regulations Sign C - Freestanding Signs (existing signs as of .lune 2015) C3 w C20 C21 [of.] C9 North Newport Center Design Regulations 7124112 — 2015 Draft i C17 "Maw VWA C13 z m i C11 m 28 16-301 Sign D — Landscape Walls (existing signs as of .lune 2015) D4 am D14 .9EXI D5 location Land Uses, Development Standards & Procedures Appendix— Design Regulations D6 location D12 D11 boowmv* 40 Alm-wi� D11 Ono North Newport Center Design Regulations 29 7124112 — 2015 Draft 16-302 Land Uses, Development Standards & Procedures Appendix— Design Regulations Sign I — Drive Through Signs (none) Sign J — Apartment Leasing Signs J2 ror IL North Newport Center Design Regulations [ 7/24/12-2015 Draft G1 G2 Sign H — Advisory Signs* "Photographs of Sign Types E, F, and H are provided for reference purposes. A full inventory of those signs is not provided herein. z M G) M CO 30 16-303 Sign K — Office Leasing Signs (existing signs as of .lune 2015) K5 Land Uses, Development Standards & Procedures Appendix — Design Regulations K7 K9 K12 G� m Cl) North Newport Center Design Regulations 31 7124112 — 2015 Draft I 16-304 Land Uses, Development Standards & Procedures Appendix—Design Regulations Sign A — Large Cube or Slade Sign 13'-0" high; 12'-2" wide 15 inches high max - 1 V-O' ax_ 11'-0" high; 12'-2' wide 15 inches high max 22 inches high Sign: 11'-0" high; 12'-2" wide Letters: 15 inches high max. Symbol: 22 inches high Existing Signs Block 100, 400, 500, 600, 800; and Sari Joaquin Plaza North Newport Center Sign A2 Sign: 11'-0" high; 12'-2" wide Letters: 15 inches high max. Symbol: 22 inches high Sign Sign: 11'-0" high; 12'-2" wide Letters: 15 inches high max. Symbol: 22 inches high Sign Sign: 13'-0" high; 12'-2" wide Letters: 15 inches high max. (est) North Newport Center Design Regulations 26 7124112 M M M K 0 C M 16-305 Sign B — Small Cube 5 .*%too M Sign 65 Sign: 5'-0" high; 5'-D" wide Letters: 5 inches high max, Numerals: 24 inches high max. Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center North Newport Center Design Regulations 7124112 Sign B7 Sign: 5'-0" high; 6-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Land Uses, Development Standards & Procedures 5'-0" high; 5'-0" wide 9 inches high 5'-0" high; 5'-0" wide 5 inches high max. 24 inches high max_ I. Sign 138 Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Appendix— Design Regulations Sign 62 Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. L Sign 94 Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. 27 16-306 Sign C - Freestanding Signs Sign: Letters: 5'-3" high; 11'-0" wide 11 inches high Sign: 4'14" high; 9'-6" wide Letters: 10 inches high max. Sign: 6'-10" high; 6'-0" wide Letters: 5 inches high max. Numerals: 11 inches high max. Sign: 4'14" high; 9'-6" wide Letters: 10 inches high. max North Newport Center Design Regulations 7124112 Sign: 6`-2" high; 20'-6" wide Letters: 17 inches high max. I gn: ' L 9' high; 4'-9" wide Letters: 6 inches high max Land Uses, Development Standards & Procedures Appendix— Design Regulations 6'-6" high; 15'14" wide 13 inches high max 16 inches high 4'4" high; 12'-0' wide 12 inches high Sigh: - — 4'-2" high; 5'-0" wide Letters: 6 inches high max Symbol: 13 inches high max. h4- ign: hih; 9' g 9' wide Letters: 6 inches high max EM ign: 5'-3" high; 11'-0" wide Letters: 11 inches high Sign: 5'-3" high; 11'-0" wide Letters: 11 inches high r 0ign:4'-4' high; O Letters: 10 inches high max Sign C16 28 16-307 Land Uses, Development Standards & Procedures Appendix — Design Regulations f !!!�W qp,�Al ign C17 ;ign: 3'-5" high; 5' wide etters: 20 inches high max Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center 0 W m X m. iz 0 m North Newport Center Design Regulations 7124112 29 16-308 Land Uses, Development Standards & Procedures Appendix— Design Regulations Sign D — Landscape Walls JA L5 r Letters: 35 inches high max. d Sign D4 Letters: 15 inches high max. Sign D7 location Sign D9 location ?nD Sign D11 Leffers: 15 inches high max. Symbol: 17 inches high Letters: 18 inches high max. CO Symbol: 26 inches high m Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center 0 C Letters: 11 inches high Letters: 40 inches high m Numerals: 12 inches high 0 North Newport Center Design Regulations 30 7124112 16-309 Land Uses, Development Standards & Procedures Appendix— Design Regulations Sign E — Building Sign Sign E* Sign: Mounted directly on building face Letters: 24 inches — primary tenant 16 inches —secondary tenant Sign F — Building Address i• s' id Sign E* Sign: Sign on Awning at entrance to restaurant Letters: 36 inches high Sign F* Sign: Mounted directly on building face Letters: 24 inches * Photographs of sign types E and F provided for reference purposes. A full inventory of those signs is not provided herein. North Newport Center Design Regulations 31 7124112 16-310 Land Uses, Development Standards & Procedures Appendix — Design Regulations Sign G — Freestanding Building Address sign u -i Sign: 8`-0" high; 6'-0" wide Letters: 5 inches high max. Numerals 28 inches high Existing Signs Black 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center North Newport Center Design Regulations 7124112 Sign: 8'-0" high; 6'-0" wide W Letters: 5 inches high max. Numerals 28 inches high M M E 0 M 32 16-311 Sign H — Advisory Signs Sign I — Drive Through Signs Sign: 6 feet high Sign_ 8 feet wide Letters: 15 inches high * Photographs of sign types H and I provided for reference purposes. A full inventory of these signs is not provided herein. North Newport Center Design Regulations 7124112 Land Uses, Development Standards & Procedures Appendix—Design Regulations 33 16-312 Sign J -- Apartment Leasing Signs W& Land Uses, Development Standards & Procedures Appendix— Design Regulations Sign pane[: 4'-0" high; T-0" wide (est.) Letters: 6 inches high max. (est.) --V.. — Sign panel: 4'-0" high, T-0" wide (est.) Letters: 6 inches high max. (est.) E)dsting Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center North Newport Center Design Regulations 7124112 WJ 00 M M 0 M 34 16-313 Land Uses, Development Standards & Procedures Appendix— Design Regulations Sign K — Office Leasing Sign K7 Sign: Letters: Numerals: ------ Sign K9 5'-0" high; 5'-0" wide Sign: 5'-0" high; 5'-0" wide Sign: 8-0" high; 5'-Q" wide 7 inches high Letters: 7 inches high Letters: 7 inches high 11 6.5 inches high Numerals: 6.5 inches high Numerals: 6.5 inches high Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high OT r� Sign K4 Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign K6 location 0 M Sign: 5'-0" high; 5'-0" wide X Letters: 7 inches high m Numerals: 6.5 inches high Sign K12 is similar to K11 Sign K13 is similar to K11 North Newport Center Design Regulations 35 7124112 0 M 16-314 Exhibit C Changes to the Block 500 Planned Community District Regulations 16-315 C' 3 Map to be Replaced San JoaquinHills d P o� o as Dr 0 Block 500 Plan nelcko7mun€ty Figure 1—Land Uw 16-316 I 2 San Joaquin Hills Rd C holas 0 131ock 500 planned COMMUnIty Figure 1. Land Use Designations 16-317 SECTION 1. STATISTICAL ANALYSIS Block 500 1. Project ect Area Net Acreage 4.37 -2.- - - Percentage -of Site Coverage- - -- a. Building Footprint 20% maximum b. Landscape 30% minimum 3. Maximum building floor area will not exceed 9-7;4 �re-feet. 73 QQ s care feet. 4. The square footage of individual building sites is subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. 3 16-318 =_i 1] .10 a] Changes to the Corporate Plaza Planned Community District Regulations 16-319 Ce SECTION I. STATISTICAL ANALYSIS Corporate Plaza 1. Project Area Gross Acreage Net Acreage - - -2.-Percentaize of Site -Coverage -- - - a. Building Footprint b. Parking Area C. Landscape 47.8 40.4 1520 40-45 40-45 3. Maximum gross building floor area shall not exceed 4�7;�-5e�t. 468 88o s uare feet. 4. A, maximum of 79,847 gross square feet of building floor area may be allocated for medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is permitted a maximum of 11,200 square feet for medical/dental office uses on the first floor only. There are no restrictions on how the remaining 63,447 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are - - — -- "-- perritte ori any ofher building sff: 5. The square footage of individual building sites are tentative and subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. 16-320 Exhibit E Changes to the Corporate Plaza West Planned Community District Regulations 16-321 SECTION I. STATISTICAL ANALYSIS Corporate Plaza West 1. Proiect Area Net Acreage 12.7 2. Percentage of Site Coverage - -- -- - - -- - a•- -- Building _Footprint- - ----- -15 24-- - - - - - - - - - - - -- - - --- - b. Parking Area 40-45 C. Landscape 40-45 3. Maximum building floor area will not exceed- 156,671 suare feet. 4. The square footage of individual building sites are tentative and subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. 5. Preliminary Pad elevations shown are preliminary and subject to revisions which may result from a site survey and preparation, and City review and approval of the final grading plan. C.1 16-322 Exhibit F Condition of Approval To the fullest extent permitted by law, The Irvine Company shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the North Newport Center Amendments and Transfer of Development (PA2015-109). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 16-323 Attachment G Airport Land Use Commission letter 16-324 ORANGE I COUNTY :4L October 16, 2015 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 James Campbell, Principal Planner Community Development City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Amendment to the North Newport Center Planned Community Development Plan Dear Mr. Campbell: During the meeting held on October 15, 2015 the Airport Land Use Commission (ALUC) for Orange County considered the subject project. The matter was duly discussed, moved, seconded, and carried unanimously by the Commission to find the proposed Amendment to the North Newport Center Planned Community Development Plan to be Consistent with the Commission's Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA) and the AELUP for Heliports. Please contact Lea Choum, at (949) 252-5123 or via email at lchoumcyocair.com if you require additional information or have questions regarding this proceeding. Sincerely, f Kari A. Rigoni Executive Officer 16-325