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HomeMy WebLinkAbout01 - Pacific Bay Homes - 2300 Jamboree Road�w�Rr CITY OF NEWPORT BEACH p49 COMMUNITY AND ECONOMIC DEVELOPMENT FLANKING DEPARTMENT 13oo NEWPORT BOULEVARD NEWPORT BEACH. CA 9:658 (714) 644-32oo: F.11X (714) 644-3250 IMIMM" PURPOSE OF APPLICATION: SUGGESTED ACTIONS: Meeting Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL Pacific Bay Homes 2300 Jamboree Road 0 July 8, 1996 I Patricia L. Temple (714) 644-3200 COUNCIL AGENDA N0. :3 -? e (e Amendments to Development Agreement No. 8 and the Aeronutronic Ford Planned Community to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single-family development. For the the meetingof July 8, 1996July 8, 1996: Introduce Ordinance No. 96- , pass to second reading, and schedule a public hearing on July 22, 1996 for: • First Amendment to Development Agreement No. 8 • Zoning Amendment No. 848 For the meeting of July 22, 1996: Hold hearing, close hearing; if desired: Adopt Ordinance No. 96- adopting the First Amendment to Development Agreement No. 8, and Adopt Resolution No. 96-___, adopting Amendments to the Aeronutronic Ford Planned Community (Zoning Amendment No. 848). PLANNING COMMISSION ACTION At its meeting of June 20. 1996, the Planning Commission considered the amendments described above, and recommended approval to the City Council. Copies of the staff reports prepared for the PlanningCommission are attached for the information of the City Council. The minutes of the " Flanning,Caxgmission meeting will be distributed to the City Council prior to the public hearing on AOKI'. these items,, ,!` BACKGROUND Subsequent to the approval of the General Plan Amendment, Planned Community (PC) Amendment, Tentative Tract Map and Development Agreement for the Ford/Loral site, Ford Motor Land Development identified the builder/developer for the project. Pacific Bay Homes (formerly JM Development) immediately commenced discussions with City staff on changes to the original project approval. While generally in keeping with the concept of the original development, the new plan of all detached, single family dwellings necessitates changes to the Development Agreement and PC Text. It is important to note that these changes address the definitions and development standards contained in the Planned Community Development Plan under «-hich the project is to be developed. The change of land use categon, to residential and the Environmental Impact Report certification and mitigation program are not under considerationas part of this action, other than the determination as to whether the changes to the zoning document would require changes to the mitigation program previously established. ANALYSIS First Amendment to Development Agreement No. 8 Minor changes to the development agreement adopted as part of the original approval are necessary to incorporate language recognizing the proposed changes to the Planned Community Development Plan. No changes to the substance of the agreement are proposed. The changes also recognize that Ford Motor Land has accomplished some of the requirements of the original Development Agreement. Those accomplishments are the Belcourt Terrace Landscape Screen Agreement and the participation in the Affordable Housing Task Team, which has been meeting over the last several months, and has issued a Request for Proposals for the project. The Office of the City Attorney and the Planning Department have reviewed the amendments to the development agreement, and consider the proposed changes to be minor and technical in nature. Therefore, staff has no objections to the Development Agreement amendments. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 8 ZONING AMENDMENT NO. 848 July 8, 1996 Page 2 Amendment No. 848 for the Aeronutronic Ford Planned Community The proposed amendments to the Planned Community District Regulations and Development Plan, ,%vhile comprehensive in scope, do not substantially alter the intent of the original set of regulations. The changes are needed to accommodate the revised development plan. The important changes to the development are the realignment of the internal loop road resulting in an expansion of the land area within the "circle," and revisions to development standards to accommodate the new development concept of 100% single family dwellings. Pacific Bay Homes will be submitting a revised Tentative Tract Map reflecting these changes in the near future. The changes to the development plan fall into two categories, formatting changes and changes affecting the development standards. Generally, the key changes to the text are as follows: • Forrnat changes to incorporate all the definitions and development standards for the project area into a single section. • Addition of definitions needed as a result of the specific residential product types envisioned by the new plan. These include alley loaded development. • Clarification of the definitions of Cluster Unit Development and Conventional Subdivision on a Planned Community Concept. This is needed because both staff and the developer had difficulty interpreting the original definitions. • Changes to the Statistical Analysis, including reducing the permitted number of dwelling units from 500 to 450. • Changes to the specific development standards, including: • Alteration to the uses permitted in the areas adjacent to Belcourt residences, implementing the agreements regarding lot size and configuration. • Changes to setback requirements to provide for greater architectural variation. • Simplificationof the text for ease of use. • Establishment of administrative procedures for modifications to the development standards. The procedures proposed reflect approval processes contained in the zoning code. • Clarification of the circumstances when Site Plan Review is required. • Provisions for the establishment of limited food and beverage service in a community recreation facility serving residents and guests only, subject to the securing of a Use FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 8 ZONING AMENDMENT NO. 848 Jul), 8, 1996 Page 3 r, r Permit. This is requested because the current development plan envisions a large community facility which could accommodate social functions. Staff has worked closely with the applicant in revising the development standards. Staff has no objections to the proposed changes, as they are needed to accommodated the revised development plan of 100% single family dwellings, and will be more understandable and easier to interpret as the development moves forward. Submitted by: SHARON WOOD Assistant City Manager Prepared by: PATRICIA L. TEMPLE Planning Director Attachments: 1. Draft Ordinance No. 96- , regarding the First Amendment to Development Agreement No. 8 2. Draft ResolutionNo. , regarding Amendment No. 848 3. Planning Commission staff report for the meeting of June 20, 1996 4. Supplemental Planning Commission staff report for the meeting of June 20, 1996 5. Planning Commission Resolution recommending adoption of the First Amendment to Development Agreement No. 8 6. Planning Commission Resolution recommending approval of amendments to the Aeronutronic Ford Planned Community (AmendmentNo. 848) 7. Planning Commission Minutes will be distributed to the City Council prior to the public hearing PLT:..F:\WP51\PLANNING\1 CC-RPT\CC960708\A848.DOC FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO.8 ZONING AMENDMENT NO. 948 July 8, 1996 Page 4 l ORDINANCENO. AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 8 BETWEEN THE CITY OF NEWPORT BEACH AND THE FORD MOTOR LAND DEVELOPMENT CORPORATION WITH RESPECT TO THE FORD LAND/NE WPORT PROJECT The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and C. California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of development agreements; and e. The First Amendment to Development Agreement No. 8 has been prepared in compliance with state law and the Newport Beach Municipal Code; and f. In compliance with state law and city ordinance, a duly noticed public hearing was held by the City Council to consider the First Amendment to Development Agreement No. 8; and j� ("I g. The Cite Council finds that the amendment to Development Agreement No. 8 is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and h. The City Council finds that the amendment to Development Agreement No. 8 is in conformance %pith the Newport Beach General Plan. SECTION 2. The First Amendment to Development Agreement No. 8 is hereby adopted and made a pan hereof by this reference. SECTION 3. Copies of said Development Agreement are on file in the offices of the City Clerk and Plar_ting Department of the City of Newport Beach. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same :hall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held or the day of , 1996, and was adopted on the day of ,1996, by the following vote, to wit: AYES. COUNCIL MEMBERS. NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK F:\WP51\PLANNING\ICC-RPTCC960i08 IDAS-ORD.DOC Recording Requested By and When Recorded Return to: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 FIRST AMENDED DEVELOPMENT AGREEMKINT BETH EEN THE CITY OF IN-ENNTORT BEACH AND PACIFIC BAY HOMES Original Agreement Approved July 24, 1995 Ordinance No. 95-27 Amendment Approved . 1996 Ordinance lVo. 96 - Submitted By: Paone Callahan McHolm & Winton 19100 Von Karman Avenue 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 0622596-1058 / F31331 -M / 15774.22 FIRST AItfENDED DEVELOPMENT AG -RE E"1EN'T THIS FIRST AMENDED DEVELOPMENT AGREEMENT (the "Agreement") is entered i=o between the City of Newport Beach (the "City"), and Pacific Bay Homes, a California corporation and a subsidiary of the Ford Motor Company. 1. RECITALS. This Agreement relates to the following: 1.1 OrieinalAgreement. On July 10, 1995, the City Council of the City approved the "Development Agreement between the City of Newport Beach and Ford Motor Land Development Corporation,r"Original Original Agreement,,). The Original Agreement was recorded in the official records of the County of Orange on September 26, 1995. 1.2 Ownership Status. At the time of the Original Agreement, Ford Motor Land Development Corporation ("Ford Land") held an equitable interest in theproperly which is described in Exhibit A (the "Property"). Ford Landis a subsidiary of Ford Motor Company. In April 1996, The JM Development Company ("JM"), also a subsidiary of Ford, acquired fee title to the Property. Since the acquisition, JAI has changed its name to Pacific Bay Homes. Pacific Bay Homes shall be referred to within this Agreement as "Ford. " ic 1.3 Planning Status. The Cpthe EIR on July I0ouncil conducted It1995.nThe General PlanAmendment ngs cn these rr-=ers and the Original Agreement and certified (see Section 2.22 below), the Original PC Text Amendments (see Section 2.29 below), the Tentative Map (see Section 2.34 below), and the Original Agreement were approved on July 10. 1995. Since the approval of the Original Agreement, site planning has continued for the Property. As a result of that planning, Ford has proposed certain chrnges to the Planned Community District Regulations (the "PC Text") which also will result in changes to the Tentative ifap. In addition to the stated purposes of the Original Agreement, this Agreement intends to make those modifications to the Original Agreement which -Kill allow the development of the Property (the "Project") to proceed consistent with approved modifications to the PC Text and the Tentative Map. 1.4 General Findings. By approving this Agreement, the City Council finds that the modifications to the PC Text and this Agreement, when implemented through subsequent entitlement procedures, such as the subdivision mapping process, are consisrent with the intent of the City Council in approving the Original Agreement. 1.5 CEOA Compliance. On July 10, 1995, the City Council certified Environmental Impact Report No. 153 for the Project (the "EIR "). All significant environmental concerns for the o67S96-1058 /F31331 -OM 115774.22 1 11 proposed Project have been addressed in that previously certified Environmental Impact Report (SCH #94011022), and the City of Newport Beach intends to use that report for the Project under consideration, and there are no reasonable alternatives or mitigation measures that should be considered in conjunction with the Project 1.6 Effect of Original Agreement. This Agreement is irurnded to modify the Original Agreement. The provisions of this Agreement which modify the Original Agreement are the only provisions intended to be modified. The use of a single document called an "amended agreement, " rather than the use of a list of modifications or amendments to be used in comparison to the Original Agreement, is intended to simplify future reference to this Agreement. The Effective Date of this Agreement remains the original Effective Date of the Original Agreement, August 23, 1995. The Approval Date remains July 10, 1995. 1.7 Effective Date of Alodifications. The provisions of this Agreement which represent actual changes from the Original Agreement shall become effec&e on the effective date of the ordinance approving this Agreement. 1.8 Purpose of Agreement. This Agreement restates the inter of the Original Agreement as follows: Provide for the orderly transition of the land use on a property commonly known as the "Loral Site" from commercial/industrial uses to gess intense residential uses. b. Establish the parameters of building height, density.:xation, and timing to minimize, to the extent reasonably feasible, any significant ad-.--z,--se impacts of Ford's proposed residential development on the environment. C. Provide the City with greater certainty that the-:oject will be implemented as presently planned so that the City will receive ths;-. substantial economic benefits projected by the project's fiscal impact study. d. Provide public benefits to the City in excess of notn:-,1 mitigation requirements in the form of (1) substantial financial assistance from Ford in resolving a long-standing traffic circulation issue in the Eastbluff comm=ry, (2) financing by Ford of extraordinary environmental monitoring of site remediation, and (3) the provision of assurances by Ford with respect to the funding and:'e: provision of affordable housing units within the City. 1.9 Authorization. This Agreement is authorized by, and is cz nsistent with, the provisions of 65864 et seq. of the Government Code of the State of Cah-ornia, and Chapter 15.45 of the Newport Beach Municipal Code. 062596-1058 / F31331-002 / 15774.22 2 1� 1.10 Interest of Ford. Ford is the legal owner of approximately 98.1 acres of real property locatr- in the City and more particularly descnbed in Exhibit "A" (the "Property"). 1.11 Development of the Pronerty. Subject to those conditions and mitigation measures identified in Environmental Impact Report No. 153 for Ford Land Newport (the "EIR") which were imposed by the City Council as conditions to approval of all or part of the Development Plan, this Agreement authorizes development on the Property consistent with the Development Plan. 1.12 Condition of Site. At the time of the Original Agreement, the Property was occupied by buildings constructed over the last thirty years to house research, design, and industrial types of uses. Since the Approval Date and as part of the Development Plan, Ford has demolished the existing structures. Additionally, prior activities on the site have resulted in soil and groundwater contamination. Efforts to remediate these conditions, which would have been made by Ford with or without this Agreement, have moved substantially and positively forward since the Approval Date. 1.13 Proiect Benefits. While the landowner has the right to continue the presently permitted uses on the Property, existing circum stanc- s present the City with the opportunity to establish, with the landowner's cooperation, new economically and environmentally viable uses on the Property. The proposed project presents a relatively unique opportunity to reduce the intensity of land uses occurring on the site. The EIR has demonstrated that the conversion of the existing research and development uses on the Property to residential uses will prov substantial benefits to the community through the improvement tf environmental the consumption of related to traffic, air pollution, the potential for groundwaterpollution, non-renewable energy resources, and noise. Additionally, a review of the fiscal impacts of the proposed project indicates that the City will derive increased revenues from property and sales tax as a result of the proposed p:-oject. 1.14 Planning Commission/CitxCouncil Hearings: This Agreement. The Planning Commission, after giving appropriate notice, held public hearings to consider this Agreement and the newly proposed PC Text amendments (see Section 2.29 below) on , 1996. The City Council conducted public hearings on the proposed PC Text amendments and this Agreement on , 1996. 1.15 Consistency. Like the Original Agreement, this Agreement is consistent with the various elements of the Newport Beach Gene.7.1 Plan, the Development Plan, and other applicable ordinances, plans, and policies of the City. Also like the Original Agreement, this Agreement is also consistent with the purpose and intent of state and local laws authorizing development agreements in that it represents Ford's commitment to comprehensive planning, provides certainty in the approval of subsequent projects subject to compliance with conditions, reduces the economic cost of development by providing assurance to Ford that it may proceed with projects in accordance with existing regulations, and provides assurance 062546.1058 / F31331 -OU / 15774.22 to adjoining property owners that limits on the height of structures and amount of development as specified in the Development Plan. 1.16 Police Power. As it did with the Original Agreement, the City Council has determined that this Agreement is in the best interests of the health, safety and general welfare of the City, its residents and the public, was entered into pursuant to, and represents a valid exercise of, the City's police power, and has been approved in accordance with the provisions of state and local law that establish procedures for the approval of development agreements. 1.17 City Ordinance. On July 10, 1995, the City Council approved the Original Agreement and conducted the first reading of Ordinance No. 95-27 approving and authorizing the City to enter into the Original Agreement. On July 24, 1995, the City Council completed adoption of the Adopting Ordinance. The Adopting Ordinance became effective on August 23, 1995. On '1996, the City Council approved this Agreement and conducted the first reading of Ordinance Alo. 96-_ approving and authoridng the City to enter into this Agreement. On . 1996, the City Council completed adoption of this ordinance. 2. DEFLNTrIONS. 2.1 The "Adopting Ordinance" refers to City Ordinance No. 95-2', adopted by the City Council on July 24, 1995, authorizing the City to enter into this Agreement. 2.2 "Agreement" refers to this "First Amended Development Agreement Between the City of Newport Beach and Pacific Bay Homes. " The Agreement is also identified by the City as the City's Development Agreement No. 8. 2.3 "Annual Review" refers to the review of Ford's good faith compliance with this Agreement as set forth in Section 6. 2.4 The "Approval Date" means July 10, 1995, the date on which the City Council voted to approve the Original Agreement and the prior Development Plan. 2.5 All forms of use of the verb "assien" and the nouns "assignment" and "assignee" shall include all contexts of hypothecations, sales, conveyances, transfers, Ieases, and assignments. 2.6 "CEOA" and the "CEOA Guidelines" refers to the California Environmental Quality Act and the CEQA Guideline promulgated by the Secretary of Resources of the State of California. 2.7 "City" refers to the City of Newport Beach, California. 062546-1058 / F31331 -OM 115774.22 4 2.8 `Council" refers to the City Council of the City. 2.9 'Cure Period" refers to the period of time during which a Default may be cured pursuant to Section 9. 2.10 A "day" or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" refers to any material default, breach, or violation of the provisions of this fault" refers to a Default by the City, while a "Ford Default" refers Agreement. A "Gifu De to a default by Ford. 2.12 "Development Permit" means building permits, grading permits and other permits authcrizing construction activity. 2.13 The "Development Plan" refers to (i) the General Plan (see Section 2.24), (ii) the PC Text (see Section 2.29), and (iii) the Tentative Map (see Section 2.33 below). 2.14 The "Effective Date" refers to the effective date of the Adopting Ordinance and �s the effective date of this Agreement. The Effective Date is August 23, 1995.. 2.15 The "EIR" refers to Environmental Impact Report No. 153 of the City of Newport B;r: ch. 2.16 An "Estoppel Certificate" refers to the document certifying the status of this Agrerr'` required by Section 6.6 in the form of Exhibit "13". 2.17 An "Exhibit" refers to an exhibit to this Agreement. - All Exhibits are incorporate as a substantive part of this Agreement. The Exhibits to this Agreement are: Exhibit A: Legal Description of the Property Exhibit B: Map of the Property Exhibit C: List of Project Conditions Exhibit D: Estoppel Certificate 2.18 "Existing General Regulations" means those General Regulations approved by the Cit%. on or before the Approval Date (irrespective of their effective date) and not rescinded or supe eded by City action taken on or before the Approval Date. 2.19Fin_ District. "Financing District" for purposes of this Agreement mean- any r.-- assessment district, special district, community facilities district, maintenance dist, or other similar district, legal entity, or mechanism formed pursuant to the provisions of legislation in effect at the time the Financing District is formed. The purpose of a Fin -acing District is to finance the cost of public improvements, facilities, maintenance, or ser,. -ices. 062596.1058 1 F31MI-OM ! 1577412 5 1�� Examples include districts formed under the Municipal Improvement Acts of 1911 and 1913 and the Mello -Roos Community Facilities District Act of 1982. 2.20 "Ford" refers to Pacific Bay Homes, a subsidiary of Ford Motor Company. 2.21 "Future General Regulations" means those General Regulations (see Section 2.23 below) adopted by the City after the Approval Date. 2.22 The "General Plan Amendment" means GPA -93-2(A) amending the general plan of the City as approved by the City Council on July 10, 1995. 2.23 "General Regulations" means those ordinances, rules, regulations, policies, and guidelines of the City, which are generally applicable to the use of land and/or construction within the City and include, the Fair Share Traffic Contribution Fee Ordinance, Uniform Building Codes and water and sewer connection and fee ordinances. 2.24 "General Plan" refers to the City's General Plan in effect on the Approval Date, plus all amendments to the General Plan adopted by the City on or before the Approval Date as part of the Development Plan. "General Plan" also shall include any general plan amendments affecting the Property or the Project x-hich are adopted by the City and consented to, in x,riting, by Ford. 2.25 "Includes" and all contexts and forms of the words "includes" and "including" shall be interpreted to also state "but not limited to." 2.26 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale-leaseback agreement, or other transaction under which all or a portion of the Property, including those portions acquired by assignees, is used as security (a "Mortgage") or the owner of any interest in all or any portion of the Property under a Mortgage, including those portions acquired by assignees. 2.27 "Notice" refers to any written notice or demand between the Parties required or permitted by this Agreement. 2.28 The "Original Agreement" refers to the Development Agreement for the Project which was approved on July 10, 1995, and recorded on September 26, 1995. This Agreement modifies the Original Agreement. 2.29 The "Original PC Text Amendment" refers only to the "Aeronutronic Ford Planned Community District Regulation" as amended by the City Council on July 10, 1995. 2.30 The "Parties" refers to the City and Ford and a "Party" shall refer to either of the Parties. 0625961058 / F31331 -M / 15774.22 6 } 2.31 The "PC Text" refers to the "Aeronutronic Ford Planned Community District Regulad?" as amended by the City Council on July 10, 1995 with the approval of Amendment No. 9. and all subsequent modifications of the PC Text which are approved by the City Council and Ford. 2.32 "Plannine Commission" refers to the Planning Commission of the City. 2.33 The "Proiect" refers to the proposed development of the Property pursuant to the Development Plan and this Agreement. 2.34 The "Pro refers to the real property described on Exhibit "A" and depicted on Exhibit "B." 2.35 The "Tentative Map" refers to the tentative tract map for Tract No. 14925 approved by the City Council on July 10, 1995, and any subdivision map approved by the City Council after the Approval Date which substantially conforms with the PC Text at the time of the map's approval. If a subsequent subdivision map (or maps) replaces or supersedes TTM No. 14925, the new map(s) shall be considered the Tentative 31ap which is included within the Development Plan. 3. CONDITIONS TO DEVELOPMENT. 3.1 Intro_ du_• The provisions of this Section express the intent of the Parties r tsngn '- ed extent to which this Agreement vests Fords right to proceed with the development that its right in the Development Plan. Ford acknowledges ght to proceed with development ditions including the following: described in the Development Plan is subject to numerous con (a) The specific limitations and restrictions contained in the Development Plan; (b) Conditions and mitigation measures imposed by the City Council to mitigate significant effects identified in the EIR; (c) Conditions imposed by the City as a result of subsequent or supplement environmental analysis pursuant to provisions of CEQA and the CEQA Guidelines; (d) Compliance with the terms and conditions specified in this Agreement; and (e) Compliance with the Existing General Regulations. led es 3.2 Com liance with Develo ment Plan Conditions/Plan andthisures. Ford Agreementcwasw bgject�to City Council approval of the Development compliance with numerous conditions and mitigation measures designed to minimize or 0625WI0581 F31331-0021 15774.22 �� eliminate the significant adverse effects of the Project and insure the health, safety, and welfare of nearby residents as well as residents of the proposed project. Pursuant to CEQA, many of these conditions and mitigation measures impose specific development standards and requirements to be implemented in conjunction with further study and analysis of site or subsurface conditions before certain specified development activity. In certain instances, these mitigation measures may exceed those which might otherwise be appropriate under "nexus" and "rough proportionality" tests. By entering into this Agreement, Ford agrees to be bound by and waives any protest any such project conditions. The conditions and mitigation measures adopted by the City Council are set forth in Exhibit C. 3.3 Compliance with General Regulations. Ford is required to comply with the Existing General Regulations. As to those Existing General Regulations which require the payment of fees, costs, and expenses, for a development application, the applicable fee, cost, or expense shall be that in effect on the date such an application is determined by the City to be complete. Ford shall also comply with any Future General Regulation that does not impair or affect its ability to develop the Property in accordance with the Development Plan. Ford shall also comply with all provisions of the Uniform Building Code, whether adopted before or after the Approval Date, which are in effect at the time applications for specific development permits are submitted. 3.4 Nater Capital Improvement Charges. Section 14.33.040 of the City's 'Municipal Code provides for the payment of a "water capital improvement charge" for lands designated pursuant to Section 14.33.030 of the Municipal Code. Section 14.33.040 of the Municipal Code relates only to system facilities that will be needed to serve an "undeveloped area." Because the Project consists of replacement of an existing use on a previously developed site which can be adequately served from existing City water facilities, Ford shall not be required to pay water capital improvement fees to the City. 3.5 Public Health and Safety, Uniform Codes. This Agreement shall not prevent the City from either (i) adopting Future General Regulations (including uniform codes which are based on recommendations of a multi -state professional organization and become applicable throughout City, such as, but not limited to, the Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code or Uniform Fire Code) or (ii) imposing conditions inconsistent with the Development Plan on future discretionary approvals, where such actions directly result from findings by the City that those actions are necessary to avoid consequences which are injurious or detrimental to the public health and safety. This reservation of authority is subject to the following: a. City shall neither (i) refuse to issue or approve any application or permit nor (ii) apply to the Project or the Property any conditions or Future General Regulations if such action would prevent, preclude, delay, alter, or in any way affect (in a manner not satisfactory to Owner) the implementation of all or any portion of the Development 062596-IQ58 / F31331-002 / 15774.22 8 9 r` Plan until the City Council makes a finding that such action is the only reasona�`— necessary means to correct or avoid such injurious or detrimental condition. b. Any such action taken pursuant to this Section shall apply only to the extent and for the duration necessary to correct or avoid such injurious or detrimental condition. 3.6 Environmental Remediation. Certain portions) of the Property will require environmental remediation before occupancy. Subject to all other provisions of this Agreement, occupancy permits shall be issued by the City for those portions of the Property if Ford has complied with Mitigation Measures 4, 5, and 6 set forth in Section 3.10 (Public Health and Safety) of the EIR. BENEFITS TO FORD. 4.1 Right to Develop. During the term of doh oto develop subject to oothe provisionsancy of Sections 3 and 5, Ford shall have a vested ri P its for construction on the Property to the full extent permitted by the Development Plan, including grading of the site as contemplated by the elevations shown on the Tentative Map, subject to: (a) compliance with CEQA, (b) the terms and conditions of this Agreement, (c) the City's grading ordinance in effect on the Approval Date, and (d) compliance with conditions imposed on any subdivision map submitted by Ford subsequent to the Effective Date, provided that the City may only impose subdivision map conditions which are (i) necessary to mitigate any significant adverse impact not identified in the EIR, (ii) necess( to ensure compliance with the subdivision design and improvement standards of the City, effect on the Approval Date, or (iii) necessary to make the findings required by the Subdivision Map Act. Subject to the provisions of this subsection and Sections 3 and 5, City shall only take action which complies with and is consistent with the Development Plan and this Agreement unless Ford otherwise consents in writing. City shall not impose any condition or requirement (whether in the form of a fee, tax, requirement for dedication dicatiexpn or reservation of land, or any other type of exaction) on to permitted) by state or federal law. permitted by this Agreement or required (as opposed P 4.2 Conflicting Measures. Except as expressly provided in this Agreement, no initiative measure, moratorium, referendum (except as provided in Government Code Section 65857.5), ordinance, statute or other provision of law which in any way limits or restricts development of the Property to the full extent permitted by the Development Plan and this Agreement (including density, intensity, timing, phasing, and sequencing) shall be applied to the Property during the term of this Agreement. 4.3 Reservations or Dedications of Land. Except be required of Ford in conjunxpressly provided in this ction with the dedications or reservations reement, no of the Property it authorizing development, construction, use, or operation application or issuance of any perm of the Property. 062596-1058 / F31331-0021 15774.22 9 4.4 TCA Credit. As a result of the reduction in traffic impacts generated by converting the Project site to less intense uses than presently exist, the Transportation Corridor Agencies (the "TCA") have acknowledged a credit to Ford in the amount of $3,436,966 in relation to the construction of the San Joaquin Hills Transportation Corridor. This credit shall be applied toward any Project fees otherwise payable to the City, the Transportation Corridor Agencies, or any other agency in connection with the construction of the San Joaquin Hills Transportation Corridor or any other transportation corridor for which fees are imposed upon development. If (i) this credit is larger than the Project's corridor fee obligation and (ii) Ford and the TCA enter into an agreement to allow Ford to sell or transfer any credits in excess of the Projects fee obligation, then the City shall not object to the sale or transfer of the credits on the terms set forth in that Ford/TCA agreement. 4.5 Fair Share Ordinance. As a result of the reduction in traffic impacts generated by the Project and the traffic improvements included within the Project, no fees shall be payable for the Project under the City's "Fair Share" Trak Ordinance. 4.6 Sewer Connection. The City shall provide sewer service to the Project through a connection to existing City sewer lines serving the adjacent Belcoun communities and the existing Loral site. City shall provide sewer facilities only to the boundaries of the Project and Ford shall pay any sewer connection or sewer service fees required by the Existing General Regulations. 4.7 Storm Drains. The City shall provide drainage capacity to the Project by allowing connection to existing City storm drains. 4.8 Park Fees, The Project shall comply with all City park requirements through the payment of park fees in the amount of 56.897.37 per residential unit. Ford shall advance Five Hundred Thousand Dollars ($500.000) in park fees to the City within sixty days after the Effective Date. The fees paid in advance shall be credited toward and satisfy park fees for the first seventy-three residential building permits issued for the Project. Thereafter, Ford shall pay $6897.37 per residential unit until all park fees required by this Agreement have been paid. These payments shall satisfy the City's Park Dedication Ordinance. No dedications or reservations of land except as expressly identified in the Development Plan shall be required of the Project. 4.9 Time for Construction and Completion of Project. Subject to the provisions of this Agreement and the Development Plan, Ford shall have the right to decide the timing, phasing, and sequencing of construction on the Property and shall be entitled to apply for, and receive timely approval of permits or approvals, at any time. 4.10 Extension of Tentative Man. To the extent permitted by law, the City shall extend through the term of this Agreement (pursuant to Government Code Section 66452.6) the Tentative 062596-1058 / F3133I-OM / 15774.72 10 Map (see Section 2.33 above) and all tentative subdivision maps applied for by Ford appror-, by the City in the future. 4.11 Phased Final Maps. As many as forty phased final maps may be filed for each tentative tract map approved for the Project. 4.12 Development Standards. Because this Development Plan has been prepared to meet the unique design parameters of this Project, the City Council has determined that rigid consistency with the City's development standards for other areas of the City is neither necessary nor appropriate. Therefore, as to this Project, the provisions of the Development Plan and this Agreement shall prevail over any conflicting provision of any other City ordinance or resolution. 4.13 Fees Taxes and Assessments. The City shall not impose any additional fee, tax, or assessment on all or any portion of the Project or the Property, whether as a condition to a Future General Regulation or otherwise, except e, assessments r e described in or required by this Agreement. Ford shall be responsible only fothose fees taxes, and assessments which presently are applicable to the Property under the General Regulations in effect on the Approval Date. Except as set forth in Section 4.8 above, the rates of such fees, taxes, and assessments shall be the rates in existence at the time said fees, taxes, and assessments are normally required to be paid to the City. 5. PUBLIC BENEFI'T'S. 5.1 Reduced Impacts. This Agreement confers a substantial public benefit by converting an existing commercial/industrial use to a less intense residential use. The EIR for the Project has established specific improvement in environmental conditions related to reduced potential for impacts arising from traffic, air pollution, the consumption of non-renewable energy resources, the potential for groundwater pollution, and noise. 5.2 Fiscal Benefits. The project's Fiscal Impact Report projects that, at maximum Project buildout, the City will receive net recurring revenues of approximately $571,700 per year in constant 1995 dollars. The recurring surplus is based on projected annual Project revenues of $963,600 and projected annual costs of $391,000. 5.3 Affordable Housing. The City's Housing Element presently sets forth goals and strategies for providing housing units for very low, low, and moderate income housing ("Affordable Units"). The Housing Element requires residential developers to provide affordable units, either on-site or off-site, with the number of units contingent upon numerous factors including the presence or absence of development incentives, the extent of any financial contribution to the development by public entities, and the overall feasibility of providing affordable housing given the unique characteristics of the project. The Housing Element specifically o6259&1058 / F31331 -OM / 15774.22 \ -- 11 �/ encourages the use of development agreement and expedited permitting to encourage the construction and occupancy of affordable housing projects. The City and Ford agree that this development presents a unique opportunity, possibly in combination with a Development Agreement between the City and one or more other developers, to construct affordable housing on vacant sites within the City using a unique public/private planning and financing process outlined in this Section: a. Affordable Housing Percentage._ The Housing Element requires projects such as this to provide, to the extent feasible, units affordable to moderate income families and individuals equal in number to between 15 % and 25 % of the market rates units produced by the project. These units are to be provided for a minimum of twenty years. The City and Ford agree that the cost and delay attendant to environmental remediation of the Property, Ford's agreement to advance park fees, and the other public benefits provided by Ford under this Agreement make infeasible the production of affordable housing in excess of 15 % of the total number of residential units constructed pursuant to the Development Plan. b. Task Team Participation / In Lieu Fees. The Original Agreement contained a requirement for Ford to satisfy its affordable housing requirements by participating in a "Task Team" to be established by resolution of the City Council to identify, evaluate, and implement one or more affordable housing projects to implement Ford's affordable housing obligations under this Section. Since the Approval Date, Ford has actively participated in the Task Team, which is implementing its original goals as set forth in the Original Agreement. The requirement contained in the Original Agreement remains in place and reads as follows: "b. Task Team Participation / In Lieu Fees. Ford shall satisfy its affordable housing requirements by participating in a "Task Team" to be established by resolution of the City Council to identify, evaluate, and implement one or more affordable housing projects to implement Ford 's affordable housing obligations under this Section. The Task Team shall consist, at a minimum, of a member of the City Council, a representative of Ford , and members of the City staff. The City Council also may appoint to the Task Team representatives of other property owners, builders, or persons experienced in the development of affordable housing. Ford shall make available to the Task Team its experience and expertise in land development upon reasonable request by the Task Team. 06:546-1058 / F31331.0021 1577412 The Task Team shall submit to the City Council a statement of goals and priorities within ninety days after the later of (i) the Effective Date or (ii) the appointment of the Task Team by the City Council. The Task Team shall have a single term of two years, unless extended by mutual agreement of the City and Ford. The Task Team shall report to the City Council no less than 12 once every ninety days after submittal of its statement of goals and priori` The goal of the Task Team shall be to submit to the City Council, within € years after the Effective Date, a report identifying one or more affordable housing projects to be funded in whole or in part by Ford. If a project is identified and implemented, Ford shall contribute $2,500,000 (less $5,000 for each of the 500 units allowed by the Development Plan which Ford agrees, in writing, not to build) toward the implementation of that project. Subject to Ford's ongoing participation in Task Team implementation efforts, payment of this sum will satisfy Ford's affordable housing obligations. "c. Option If No Task Team Proiect. If either (i) the City Council does not require Ford to financially contribute to implementation of a Task Team project as described in Subparagraph b above or (ii) the Task Team does not recommend implementation of an affordable housing project to satisfy Ford's affordable housing requirement, then Ford shall have the option, within sixty days after the term of the Task Team expires, to satisfy that requirement by notifying the City that it will either: i. construct or rehabilitate offsite residential units within the City and make those units affordable to moderate income families or individuals for 20 years or more from the date of occupancy; or ii. pay an affordable housing in lieu fee of $5,500 for each reside building permit issued within the Project; or iii. construct fewer than the number of affordable units required under Subsection c(i) above and pay an affordable housing in lieu fee equal to: • $5,500 for every residential building permit issued for the Project minus • $36,000 multiplied by the number of affordable units constructed and/or refurbished by Ford. Under this option, Ford's affordable housing in lieu fee shall not be less than twenty percent of its total financial commitment." 5.4 Environmental Monitoring. Due to existing soil and groundwater contamination on the Project site, before residential occupancy can occur on the site, Ford is required by law, as 062596-1058 / F31331.002 / 15774.12 \_ 13 well as by the City's conditions and mitigation measures for the Project, to obtain approvals from other public agencies, such as the Regional Water Quality Control Board and the Orange County Health Care Agency ("County Health"). By this Agreement, Ford also will pay for the cost of an environmental monitor to be retained by the City to review all Ford submittals to those agencies. Ford shall provide the monitor with copies of all submittals concurrently with their delivery to those agencies. Additionally, if requested by the monitor, Ford shall provide to the City the underlying data which supports Ford's request to County Health for a Health Risk Assessment of the Project site. The City may have either the monitor or another consultant review and independently verify the accuracy and validity of the Health Risk Assessment and analysis and conclusions and correspond, if needed, to County Health before its final action. The monitor shall not perform any independent collection of data. The monitor performing this function may be the same or may be different than the monitor performing the general overview described in the first paragraph above. In performing either function, the monitor may report his or her findings to the City Council and the City Council, in turn, may take any action it deems appropriate which is not inconsistent with this Agreement. The selection of the monitor and the data consultant and their scope of work shall be subject to the mutual approval of the City and Ford. Any inconsistency between this provision and any mitigation measure for the Project shall be resolved in favor of the mitigation measure. 5.5 Eastbluff Traffic. The Eastbluff community in the vicinity of the Project site has had a historical concern regarding the impact of through traffic on its streets. The EIR has concluded that the Project will not contribute sufficient through traffic to constitute a significant impact on this existing problem. Further, Ford has no legal obligation to correct the existing problem and the City has no authority independent of this Agreement to impose a condition requiring Ford to correct the existing problem. Pursuant to this Agreement, however, Ford shall contribute to the solution to the existing traffic problem as follows: a. The determination of a solution shall be dependent upon an agreement between the Eastbluff community and the City. b. If the "solution" costs $50,000 or less: Ford will pay one -hundred percent of the total cost of the capital improvements/traffic studies (as opposed to long-term maintenance) of the solution as actually implemented; or If the "solution" costs more than $50,000: 062596-1058 / F313314M / 15774.22 14 i. Ford will pay one-third of the total cost of the capital improvements/trat'-'1 studies as actually implemented, with a minimum payment of $50,000 an maximum payment of $75,000. C. Ford will not be required to make a deposit of funds until a "solution" actually is approved by the City for implementation. Any funds actually deposited but not used to implement the solution shall be returned to Ford. d. If the City and the Eastbluff community have not agreed on a "solution" within one year from the Effective Date and the date for agreement has not been extended by Ford, this obligation shall terminate. e. If a lawsuit is brought by any person or entity challenging any of the Ford approvals on the basis of the Eastbluff traffic conditions and that lawsuit is not terminated within thirty days after service, the provision requiring Ford's contribution to the traffic solution will terminate. 5.6 Drainage. Concerns have been expressed in the public process regarding the impacts of the Project's drainage on nearby residential communities. The EIR has established that the Project will not have any significant drainage impacts on any other residential communities. Nonetheless, pursuant to this Agreement Ford will take the following actions: a. Upon formation of the Master Community Association, the conditions, covenants, restrictions will provide that: i. All structures shall have gutters and downspouts; ii. The Master Association shall routinely maintain the onsite storm drain system to facilitate proper operation of the system; and The submittal of landscape plans for each individual lot shall provide that water from downspouts will be transported to the street through an appropriate collection system. b. The Project site will be graded so that surface drainage will flow to the streets where it will be collected and channeled into a closed storm drain system. 5.7 Belcourt Terrace Landscape Screen. This Agreement as originally recorded on September 26, 1995, contained a Section 5.7 which imposed certain obligations upon Ford with respect to the establishment of a landscape screen along the boundary of the Property and the Belcourt Terrace project adjacent to the Hillsdale Drive boundary wall. Since the recording of the Agreement, that condition has been satisfied by the signing of a Landscape Screening 062596-1058 / F31331 -W2 / 15774.22 15 l► • Agreement between Ford and the Belcourt Terrace Homeowners Association (the "Association "). " 6. A1ti7�UAL REVIEW 6.1 City and Ford Responsibilities. At least every twelve (12) months during the Term, the City shall review Ford's good faith substantial compliance with this Agreement (the "Annual Review"). After the Annual Review, the City's finding of good faith compliance by Ford shall be conclusive for the purposes of future Annual Reviews or legal action between the Parties. Either Party may address any requirements of the Agreement during the Annual Review. However, fifteen (15) days' written Notice of any requirement to be addressed shall be made by the requesting Party. If, at the time of the review, an issue not previously identified in writing is required to be addressed, the review shall be continued for no more than sixty days at the request of either Party to afford sufficient time for analysis and preparation of a response. 6.2 Opportunity to be Heard. Ford shall be permitted an opportunity to be heard orally and in writing at any noticed public hearing or meeting related to the Annual Review. 6.3 Information to be Provided to Ford. The City shall mail to Ford a copy of the staff report and related exhibits concerning Agreement performance a minimum of fifteen (15) days before the Annual Review. 6.4 Mitigation Monitoring. The Annual Review shall include an analysis of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. Ford shall be found in compliance with this Agreement unless the City Council determines, based upon the evidence presented at the Annual Review, that Ford has not complied with one or more mitigation measures or conditions including those imposed as a result of subsequent environmental analysis, applicable to the grading of, and building on, the Property as of the date of the Annual Review. 6.5 Review Letter. a. After Finding of Compliance. If Ford is found to be in compliance with the Agreement after the Annual Review, the City shall issue, within ten (10) days of Ford's written request, a letter to Ford stating that the Agreement remains in effect and Ford is not in Default. b. After Cure of Default. If Ford is found to be in Default under this Agreement at the Annual Review, but subsequently cures that default in the manner provided by this Agreement, the City shall issue, within ten (10) days of Ford's written request, a letter to Ford stating that the Agreement remains in effect and Ford is not in Default. 062596-1058 / F31331-=/ 15-54.22 16 �,3 6.6 Estoppel Certificate. Either Party may at any time deliver written Notice to the other P' requesting an estoppel certificate (the "Estoppel Certificate") stating: (a) The Agreement is in full force and effect and is a binding obligation of the Parties. (b) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (c) To the best of the signing Party's knowledge, no Default in the performance of the requesting Party's obligations under the Agreement exists or, if a Default does exist, the nature and amount of any Default. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. The Planning Director may sign Estoppel Certificates on behalf of the City. An Estoppel Certificate may be relied on by assignees and Mortgagees. The Estoppel Certificate shall be substantially in the same form as Exhibit "D." 6.7 Failure to Conduct Annual Review. The City's failure to conduct an Annual Review shall not constitute or be asserted by the City as Ford's Default. 7. GENERAL PROVISIO`'S. 7.1 Effective Date. This Agreement and the obligations of the Parties shall be effective as of the Effective Date. However, this Agreement shall bind the Parties as of the Approval Date, subject only to the Adopting Ordinance becoming effective pursuant to California law. 7.2 Term of Agreement. The term of this Agreement (the "Term") shall begin on the Effective Date and continue for twenty-five (25) years unless othem ise terminated or modified pursuant to this Agreement. 7.3 Assignment. Ford has the absolute right to assign (see Section 2.5) its rights and/or delegate its obligations under this Agreement as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of this Agreement. As long as Ford owns any part of the Property, Ford may assign the benefits of this Agreement without delegating the obligations for the portion of the Property assigned. If that occurs, however, the benefits assigned shall remain subject to the performance by Ford of the corresponding obligations. Where an assignment includes the delegation of the corresponding obligations, those obligations become solely the obligations of the assignee. If an assignee is in Default, then as to Ford or any assignees not in Default, the Default shall not constitute their Default, give 062596-1058 / F31331 -OM / 15774.22 17 grounds for termination of their rights under this Agreement or be a basis for an enforcement action against them. Under no circumstances, shall Ford be relieved of its obligations under Sections 5.3, 5.4, 5.5, and 5.6. 7.4 Amendment of Agreement. (a) Subject to the provisions of Subsection (b), this Agreement may be amended from time to time by the mutual consent of the Parties, or their successors in interest, but only in the manner provided by the Government Code and this Agreement. After any amendment, the term "Agreement" shall refer to the amended Agreement. (b) The City Council shall not approve, and Ford shall not request, any amendment to the provisions of the Development Plan or this Agreement that would increase the maximum permitted gross floor area or the maximum permitted building height above that established as of the Effective Date of this Agreement. This Subsection shall prevail over any conflicts a ordinance, resolution, policy or plan adopted by the City Council. 7.5 Enforcement. This Agreement is enforceable by each of the Parties and their respective successors and assigns. 7.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the twenty-five (25) year term; (b) Completion of the Project in accordance with the Development Plan and the City's issuance of all occupancy permits necessary to fully implement the Project, the acceptance of all dedications required by this Agreement. and the satisfaction by Ford of its obligations under Sections 5.3, 5.4, 5.5, and 5.6 above. (c) Entry, after all appeals have been exhausted, of a final judgment or issuance of a final order directing the City to set aside, withdraw, or abrogate the City's approval of this Agreement or any material part of the Project; or, (d) The effective date of a Party's election to terminate the Agreement as provided in Section 9.3 of this Agre-ement. 062595.1058 / F31331-002 / 15774M 18 P 8. CONFLICTS OF LA«'. 8.1 Conflict with State and Federal Laws and Regulations. Where state or federal laws or regulations prevent compliance with one or more provisions of this Agreement, those provisions shall be modified, through revision or suspension, to the extent necessary to comply with such state or federal laws or regulations and the modified Agreement shall remain in effect, subject to the following: (a) the City shall not request modification of this Agreement pursuant to this provision unless and until the City Council makes a finding that such modification is required (as opposed to permitted) by state and federal laws or regulations; (b) the modifications must be limited to those required (as opposed to permitted) by the state or federal laws; (c) the modified Agreement must be consistent with the state or federal laws or regulations required modification or suspension; (d) the intended material benefits of this Agreement must still be received by each of the Parties after modification; (e) neither the modification nor any applicable local, state, or federal laws or regulations, may render the modified Agreement impractical to enforce; and (f) Ford consents in writing to the modification. Ford shall have the right to seek judicial review of any proposed modification to ensure compliance with this Section. 9. DEFAULT REMEDIESAl\TD TERNMI ATION. 9.1 General Provisions. In the event of a Default (see Section 2.11), the Party alleging a Default shall give the other Party a written Notice of Default. The Notice of Default shall specify the nature of the alleged Default, and a reasonable manner and sufficient period of time (not less than thirty (30) days) in which the Default must be cured (the "Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of the Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then a Default shall be deemed not to exist. 9.2 Option to Institute Legal Proceedings or to Terminate. If an alleged Default is not cured within the Cure Period, the noticing Party must give the defaulting Parry a Notice of intent to terminate the Agreement if that Party intends to terminate the Agreement. Within thirty 062591-1058 / F31331-= / 1577422 19 (30) days after giving of the Notice, the City Council shall hold a public hearing in the manner set forth in Government Code Sections 65865,65867, and 65868, as amended, to consider and review the matter. This hearing shall utilize the procedures outlined for the Annual Review in Section 6 above. 9.3 Notice of Termination. After the City Council hearing described in Section 9.2, the Party alleging the Default, at its option, may give written Notice of termination of the Agreement to the other Party and the Agreement shall be terminated immediately upon giving the Notice. A termination shall be valid only if good cause exists and clear and convincing evidence was presented to the City Council to establish the continued existence of a Default after the Cure Period. The findings of the City Council as to the existence of a Default shall have no weight in any legal proceeding brought to determine the existence of a Default. The validity of any termination may be challenged pursuant to Section 11. 17, in which case the court shall render an independent judgment as to the existence of a Default and good cause for termination. Termination may result only from a material Default of a material provision of this Agreement. 9.4 Waiver. Failure or delay in giving Notice of Default shall not waive a Party's right to give future Notice of the same or any other Default. 9.5 Default by Ford. Subject to and after termination of this Agreement in compliance with Sections 9.1 through 9.3, if Ford Defaults, the City shall have no obligation to perform any of City's obligations under this Agreement (as opposed to the City's obligations under the Development Plan and the General Regulations), unless otherwise ordered by a court of law. The City's election not to perform as permitted by this provision shall not constitute a Default. 9.6 Default by the City. Subject to and after termination of this Agreement in compliance with Sections 9.1 through 9.3, if the City Defaults, Ford shall have no obligation to perform any of Ford's obligations under this Agreement, unless otherwise ordered by a court of law. Ford's election not to perform as permitted by this provision shall not constitute a Default. 9.7 Specific Performance. The Parties agree that the loss by either of them of their respective rights under this Agreement may not be compensable through monetary damages. Therefore, the remedy for a Default for each Party shall be limited to specific performance and/or injunctive relief. This provision applies only to actions related to the Parties' performance under this Agreement and does not limit the remedies of either Party under any other provision of law. 062596-: 8 / M1331-002 / 15774.22 20 r 10. ENCUMBRANCES AIVD RELEASES ON PROPERTY. 10.1 Discretion to Encumber. Ford may encumber all or any portion of the Property in any manner. The City acknowledges that lenders providing financing may require technical modifications to the Agreement which do not materially alter the intent of the Parties. The City agrees to meet, upon request, with Ford and/or lenders to negotiate in good faith any lender request for modification. The City agrees to not withhold unreasonably its consent to such modification, provided the proposed modification does not materially alter the terms and provisions of this Agreement, the obligations imposed upon either Party, or the benefits received by either Party. 10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to the City, shall be entitled to receive from the City written Notice of any Ford Default at the same time Ford is provided with Notice pursuant to Section 6.1. 11. 'NUSCELLANEOUS PROVISIONS. 11.1 Notices. All Notices (see Section 2.27) shall be written and delivered by personal delivery (including Federal Express and other commercial express delivery services providing acknowledgments or receipt), registered, certified, or express mail, or telegram to the addresses set forth below. Receipt shall be deemed complete as follows: (a) For personal delivery, upon actual receipt; (b) For registered, certified, or express mail, upon the delivery date or attempted delivery date as shown on the return receipt; and Notices shall be addressed as follows: To the City: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: City Attorney Attention: Planning Director To Ford : Pacific Bay Homes Attn: Karin T. Krogius 18400 Von Karman, Suite 900 Irvine, California 92715 062596-1058 / F31331-002 / 15774.22 21 With a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Karman, 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 The addresses to which Notices shall be sent may be changed by giving Notice of a new address. 11.2 Enforced Delav: Extension of Time of Performance. Neither Parry shall be deemed to be in Default where delays or non-performance are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, oil spills, casualties, acts of nature, unavailability of materials, governmental restrictions imposed or mandated by governmental entities, suspension of rights in accordance with the existence of unforeseen circumstances, litigation, or similar bases for excused performance. An extension of time for performance shall be deemed granted for the period of the delay, or longer as may be mutually agreed upon. 11.3 Severability. If any material part of the Agreement is found by a court to be invalid, void, or illegal, the Parties shall modify the Agreement to implement the original intent of the Parties. These steps may include the waiver by either of the Parties of their right under the unenforceable provision. If, however, the Agreement objectively cannot be modified to implement the original intent of the Parties and the Party substantially benefitted by the material provision does not waive its rights under the unenforceable provision, the entire Agreement shall become void. For purposes of this Section, and without excluding the possible materiality of other provisions of this Agreement, all provisions of Section 4 and 5 are deemed "material. " 11.4 Entire Agreement. This Agreement constitutes the entire understanding and Agreement of the Parties regarding the subject matter of this Agreement. This Agreement supersedes all negotiations and previous agreements benveen the Parties regarding that subject matter. 11.5 Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the Party making the waiver. 11.6 Incorporation of Recitals. The Recitals set forth in Section 1 are part of this Agreement. 11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall do anything which shall have the effect of harming or injuring the right of the other Party to receive the benefits of this Agreement. 062596-1058 / F31331-002 / 15T/4.22 22 11.8 Covenant of Cooperation. The City shall help Ford obtain any permits from either the C, or other public agencies which may be required for development of the Project or as a rEE of any modifications, suspensions, or alternate courses of action allowed by this Agreement. Ford may challenge any such ordinance, measure, moratorium, or other limitation in a court of law if it becomes necessary to protect the development rights vested in the Property pursuant to this Agreement. 11.9 Further Actions and Instruments. Upon the request of either Party, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.10 Successors and Assigns. Subject to Section 7.3 above, the burdens of this Agreement shall be binding upon, and the benefits of the Agreement inure to, all successors -in -interest and assigns of the Parties. 11.11 Construction of Agreement. All language in all parts of this Agreement shall be construed as a whole and given its fair meaning. The captions of the paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. This Agreement is not intended to impermissibly contract away the legislative and governmental functions of the City, and in particular, the City's police powers or to surrender or abro� the City's governmental powers over the Property. 11.12 Authority to Execute. The person executing this Agreement on behalf of Ford warrants and represents that he/she has the authority to do so and the authority to bind Ford to the performance of Ford's obligations under this Agreement. 11.13 Consent. Any consent required by the Parties in carrying out the terms of this Agreement shall not unreasonably be withheld. 11.14 Effect on Title. This Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated. 11.15 Recording. The City Clerk shall cause a copy of this Agreement to be executed by the City and recorded in the Oficial Records of Orange County no later than ten (10) days after the Effective Date. The recordation of this Agreement is deemed a ministerial act and the failure of the City to record the Agreement as required by this Section and Government Code Section 65868.5 does not make the Agreement void or ineffective. 11.16 Institution of Legal Action. In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any Default, to enforce any provision of this 06596-1058 / n1331-002 / 15T74.22 23 Agreement, to enjoin any threatened or attempted violation of this Agreement, to recover damages for any Default, or to obtain any remedies consistent with the purpose of this Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California. 11.17 Attorneys' Fees. In any arbitration, quasi-judicial, administrative, or judicial proceeding between the Parties initiated with respect to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs, expenses, and disbursements in connection with such action. 11.18 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement or to any provision of this Agreement, including the public benefit provisions of Section 5. Date: , 1996 CITY OF NEWPORT BEACH IM Mayor Date: . 1996 PACIFIC BAY HOhIES 062596-1058 / F31331-002 / 15774.22 24 RESOLUTION NO. 96-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLANFOR THE AERONUTRONIC FORD PLANNED COMMfUNTTY (ZONING AMENDMENT NO. 848) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, the proposed revisions to the Planned Community District Regulations are consistent NNith the Newport Beach General Plan; and WHEREAS, the Planning Commission has held a public hearing and has recommended approval of the proposed amendment-, and WHEREAS, the City Council has held a public hearing to consider the proposed amendment; and «IiEREAS, All significant environmental concerns for the proposed project have been addressed in previously certified Environmental Impact Report No. 153 (SCH #94011022), and the City of NeNNport Beach used that report for the project under consideration, and there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby approve an amendment to the Aeronutronic Ford Planned Community District Regulations and Development Plan as attached hereto as Exhibit 1. ADOPTED THIS day of , 1996. MAYOR ATTEST: CITY CLERK Attachment: Exhibit 1: Aeronutronic Ford Planned Community District Regulations r^ � F -.\W P51 \PIANNNG\ICC-RPT CC\CC960708TY-c,A848.DOC AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT REGULATIONS Adopted September 9, 1979 Ordinance No. 1807 Amendment No. 542; Amended March 9, 1981 Resolution No. 9986 Amendment No. 559; Amended October 13, 1981 Resolution No. 11064 Amendment No. 564; Amended September 28, 1983 Resolution No. 1104 Amendment No. 591; Amended July 10, 1995 Resolution No. 95-89 Amendment No. 800 062596-1108 1 F31331 -M / 4-4925.29 TABLE OF CONTENDS INTRODUCTION 1 SECTION I - STATISTICAL ANALYSIS 32. SECTION II - GENERAL 4 SECTION III - GENERAL NOTES -54 SECTION IV - DEFINITIONS -7-6 SECTION V - ATTACHED RESEDENT IAUAREAS 1, 6, 7 87 Sub -Section A Uses Permitted 87 Sub -Section B Development Standards 87 SECTION VI - ATTACHED RESIDENTTAIJARF-A 8 4410 Sub -Section A Uses Permitted 44.10. Sub -Section B Uses Permitted Subject To A Use Permit 44.10 Sub -Section C Development Standards 4410 SECTION VII - DETACHED RESEDENTIAIJAREA 2 44 13 Sub -Section A Uses Permitted 44 I3 Sub -Section B Development Standards 44:13 SECTION VIII - CUSTOM LOT, RESI]DEN IAIJAREA 5 4-715 Sub -Section A Uses Permitted 4-715 Sub -Section B Development Standards 4-7 15 SECTION. X: - C01M UNM Y RECREATIONAL FACII.ITdES 2$ 2820 Sub -Section A Uses Permitted Sub Section B Uses PeFEBitted Subjeet to Site Plan neN,ie . 20 0625961108 / F31331-002 / 41723.29 J •. N. FM =-,,IV•_ Sub -Section B Development Standards Offl. SECTION -.191 XI - SIGNS/RESIDENTTAL AREAS 1,2,4,5,6,7,8 3-529 Sub -Section A Permanent Signs 3529 Sub -Section B Temporary Signs 3-529 06:596-1108/ F31331-002! 43925.29 P INTRODUCTION The Aeronutronic Ford (Planned Community) District for the City of Newport Beach is in conformance Mth the Newport Beach General Plan. The purpose of the these Planned Community (PC) District Regulations is to pride-€er establish the zoning classification and development e€ standards for the subject property in aeeefdanee-**Ah These regulations will pretTail over regulatxins stained in'the City's gei�rai zoning ordinance Where these regulations are silent with resp to „a particular dei elopmera however,the of the general ? op u ordinance shall control provisions ..... These Regulations were o gi ally adopted on September 9,;1979, by Oi�iiriartce No 280?. Since then, the Regulations have been amended several times to reflect charm=ing development concepts and, ultimately, a major change in permitted. use. On July 10, 1995, tln R� �ula6ons were amended to eliminate the historic research and development fiA IjSeA,H:did other- eemmum • _identW' utilizing ,.e—.es eefflp le thefewith-. uses condticted on flus si#e.: That amends^z changed the Perini use'of Planning 4rea 4 (consisting of Subareas 4A, 4B, 4C, -4D, and +E) of the site.to residential and ancillary uses `ibe amendment dated ` , 1996, renect_,, further refinements in the resclential concept for Planning Area 4. Nothing contained in this lest amendment ,should be provisions construed to alter the pions of these Regulatio is with respect to aril Planning ;Area other, than ........ . Planning Area 4. 062596-1108/ F31331-0CL 144925.29 1 �- 3� SECTION I - STATISTICAL ANALYSIS FOR PIA NTNG AREAS 1, 2, 5, 6, 7, & 8 Nate: 7%e Statistical Anal uis for Pkvv ng Area 4 and its Subamx is set fonh in Section IX. Gross FIM Buildable N aximum Tie Area Acres -Net Acres Acres DU Planning Areas 1 18.6 16.2 12.3 50 2 18.6 17.5 12.7 54 5 33.0 26.0 17.3 48 6 15.1 14.4 10.4 54 7 17 16.0 11.6 56 8 12 11.5 8.5 168 Subtotal 114.3 101.6 72.8 430 PERCENTAGE OF SITE COVERAGE Planning Area 1, 2, S, 6, 7 g Building Footprint 14.6 5 28.07,c Parking Areas 21.717c 5.0 IC Landscape and Pedestrian 63.7% 2 7. 0 t Circulation Streets 31.5 `r Perimeter Open Space 8.5 ;t 062596-1108/ F31331-= / 44925.29 2 \ / \ SECTION II - GENERAL / Location The Aeronutronic Ford Planned Community encompasses 215.2 gross acres in the City of Newport Beach. The community is bounded by Bison Avenue on the north, MacArthur Boulevard on the east, Ford Road on the south. and Jamboree Road on the west. Existin>? Zonint The existing zoning is designated PC (Planned Community). The development standards set forth herein will provide for the d: velopment of the subject property. Land Uses The Aeronutronic Ford PlarL ed Community is previously was designated for residential development and for the e\pa -sion of Research and Development uses of the existing Ford Aerospace and Communication Corporation. As a result of the most recent amendments to these Regulations_ the Planned Com:�:.mity now provides entirely for residential and ancillary uses. Public Recreation The City of Newport Beach Pa,* -i; Standards will be met by in -lieu fees. Private Recreation Four (4) private recreational areas totaling 1.2 acres will be located within the planning. Areas 1, 2, 5, 6, 7 and S. Facilities included in these private recreational areas will include a minimum of four (4) sa•imrr.n-g pools, four (4) jacuzzis and associated recreational buildings. Private recreational facilities. cin and/or structured, within the development boundaries shall be maintained and operated by the Community Associations. mal 066" ormore additictrai private recreation areas allowed in _or planning Area 4. 062596-11081 F31331 -W21 44925.29 3 ,� SECTION III - GENERAL NOTES 1. Water Service Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Sewage Disposal Sewage disposal service facilities to the Planned Community will be provided by the City of Newport Beach, Orange County Sanitation District No. 5, or Irvine Ranch Water District, as per agreement (May 14, 1980). 3. Flood Protection Development of the subject property will be undertaken in accordance with the flood pro,;�ction policies and requirements of the City of Newport Beach. 4. Grading Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 5. Zoning Ordinance Compliance F-xc pt as otherwise stated in these Regulations or.a Development Agreement for Planning Area 4, the requirements of the Newport Beach Zoning Ordinance shall apply. 6. Building Code Compliance The contents of this text notwithstanding, all construction within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and the various mechanical codes related thereto. 7. Parldng Lot Lighting All new parking lot lighting shall be subject to the review and approval of the Planning Du-,ztor. 052596-1108 i F_ M-002 / 44925.29 4 3°` 0 7 Arc haeologjcaVPaleontological Resources Prior to the issuance of grading permits, the site shall existence and extent of archeological and paleontological adopted policies of the City of Newport Beach. Public Health and Safety Requirements (Planning Area 4) be examined to determine the resources in accordance with The Ford Motor Land Services Corporation or its successor shall comply with all requirements and mitigation measures related to public health and safety as described in Final EIR No. 153 for Planning Area 4. 10 DeN eltnert[ A_meement (Piannin Area 41 Dowing the _teim of any DDevelopment Agg-i�eement applteabie to Planning Area 4, the provisions ofthat. Development Agreement. shall detern ine the ordinances,' resolutions, policies, and other local lams applicable to the development of Planning Area 4. Where them is an inconsistency between the terms of these Regulations and the Development Akaar�ment, the terms of the Development Agreementshall 062596-1108/ F31331-002/44973.29 SECTION W - DEFINITIONS The following definitions shall apply to the development of all PlanningAris except Planning Area 4 of the Aeronutronic Ford Planned Community. Definitions for Planning Area 4are contained in Section ix. Gross Acreage shall mean the entire site area within the project boundary plus the centerline of the perimeter streets excluding MacArthur Boulevard, in which case the boundary line extends to the existing right of way line which is the Newport Beach City boundary. This acreage is the area within the boundaries of the Tentative Subdivision Map. 2. Parcel Niap Net Area shall mean the entire area within the project boundary excluding previously dedicated perimeter streets. 3. Buildable Acreage shall mean the entire site area within the project boundary excluding streets. park dedication, areas with existing natural slopes greater than 2:1, and natural flood plains. 4. Cluster Unit Development shall mean a combination or arrangement of attached or detached dwellings and their accessory structures on contiguous or related building sites where the yards and open spaces are combined into more desirable arrangements or open spaces and where the individual sites may have less than the required average for the district but the density of the overall development meets the required standard. 5. Conventional Subdivision on a Planned Community Concept shall mean a conventional subdivision of detached dwellings and their aco�ssory structures on individual lots where the lot size may be less than the required average for the district but where the density for the entire subdivision meets the required standards and where open space areas are provided for the enhancement and utilization of the overall development. 062596-1108 / F3133I-= / 44925.29 6 �1 SECTION V - ATTACHED RESIDENTIAL/AREA 11 6, 7 These areas are intended to provide residential housing and related community facilities. A. Uses Permitted 1. Cluster unit developments, as defined in Section IV, Definitions. 2. Single family dwellings attached or detached. 3. Conventional subdivisions on a Planned Community Concept, as defined in Section IV, Definitions. 4. Custom Lots. 5. Condominium/Townhomes. 6. Temporary model complex and appurtenant uses. 7. Community Recreational facilities. 8. Signs (as provided in Section XI of this Planned Community Text). 9. Security Gates and/or Guard Houses. B. Development Standards 1. Maximum Height Limits a. All buildings shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. b. Chimneys and vents shall be permitted as set forth in section 20.02.060 of the Municipal Code. 2. Setbacks from Public Streets A minimum setback of 15 feet shall apply to all structures other than garages adjacent to public streets; except that balconies and patios may encroach six (6) feet into the required setback. Architectural features such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (21/2) feet into the required setback from a public street. Setbacks shall be measured from the ultimate right-of-way Be. OV -59,1108 / F31331-=/ 44925.29 7 �� 3. Setbacks from Other PmpeM Lines and Structures a. A minimum front yard setback of five (5) feet shall be required. This setback shall be measured from the back of curb or in the event that sidewalks are constructed, from back of sidewalk. b. All main residential structures shall be a minimum of eight feet apart. This shall be measured from face of finished wall to face of finished wall. C. Detached garages shall be separated from main residential structures a minimum of eight (8) feet. This also shall be measured from face of finished wall to face of finished wall. d. Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that the sidewalk shall be permitted with roll -up or other t}pe garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. 4. Fences, Hedges and Walls Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height within the triangle bounded by the right- of-way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right-of-way lines prolonged. 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to ;x•ithin three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 062596-1108/ F31331 -M / 43923.29 8 �,3 6. Architectural Features Architectural features, such as but not limited to cornices, eaves. and wing walls may extend two and one-half (21/2) feet into any front. side or rear yard setback. 7. A minimum of 3.0 parking spaces per unit shall be required. One of the required spaces may be permitted on the driveway of the residence. providing that said driveway has a minimum depth of twenty (20) feet or eighteen (18) feet with roll -up or other type garage doors approved by the City Traffic Engineer, measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. In addition to driveway parking spaces, a minimum of 0.5 guest parking spaces may be provided on -street or in the bays, and their location shall be reviewed and approved by the Planning Director and the City Traffic Engineer. 8. Maximum Site Area Coverage The maximum site coverage permitted shall be fifty (50) percent of the net site area. For purposes of this Planned Community, site coverage shall include all areas under foot but shall not include trellis areas. 062596-1108/ F31331-002 / 41925.29 1 9 .�`\l SECTION " - ATTACHED RESIDENTIAL/AREA 8 These areas are intended to provide r,�idential housing and related community facilities. A. Uses Permitted 1. Cluster unit developments. as defined in Section N. Definitions. 2. Single family dwellings attached or detached_ 3. Conventional subdivi-,&ms on a Planned Community Concept, as defined in Section N, Definitions. 4. Custom Lots. 5. Temporary model complex and appurtenant uses. 6. Community Recreatioml facilities. 7. Signs (as provided in S<-ction XI of this Planned Community Text). 8. Security Gates and/or Guard Houses. B. Uses Permitted Subiect To A Use Permit 1. Condominium and to-�ahome dwellings. C. Development Standards 1. Aiaximum Height Lim:as a. All buildings _hall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. b. Chimneys and vents shall be permitted as set forth in section 20.02.060 of the Municipal Code. 2. Setbacks from Public Streets A minimum setback of 15 feet shall apple to all structures other than garages adjacent to public stre zs: except that balconies and patios may encroach six (6) feet into the required setla--k. Architectural features such as but not limited to cornices. eaves. and wing -walls may extend two and one -h:: -'I- (21/2) feet into the required setback from a public street. Setbacks shall be mea -::red from the ultimate right -of --way line. 3. Setbacks from Other P-operty Lines and Structures a. A minimum E -,-q story front }ard setback of five (5) feet shall be required. This setback s`all be measured from the back of curb or in the event that 062596-1108 / F31331-002 / 44925.29 10 A5 sidewalks are constricted, from back of sidewalk. The second story front �— may be constructed adjacent to the back of curb or in the event that sidewalks are constructed, adjacent to back of sidewalk. b. All main residential structures shall be a minimum of eight (8) feet apart. This shall be measured from face of finished wall to face of finished wall. C. Detached garages shall be separated from main residential structures a minimum of eight (8) feet. This also shall be measured from face of finished wall to face of finished wall. d. Two car garages with direct access shall be setback from five (5) to seven () feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed. from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that the sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. .additional garage spaces need not meet the above criteria. 4. Fences Hedges and Walls Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) f, --z. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height within the triangle bounded by the right- of-way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right-of-way lines prolonged. 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling stricture and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage: however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 062596-1108/ F3133I-OM / 44925.29 11 �� 6. 7. 8. a Architectural Features Architectural features, such as but not limited to cornices. eaves, and wing walls may extend two and one-half (21/2) feet into any front. side or rear yard setback. A minimum of 2.0 parking spaces per unit shall be required. Guest parking shall be cluster with a minimum of two spaces per cluster. Maximum Site Area Coverage The maximum site coverage permitted shall be fifty (50) percent of the net site area. For purposes of this Planned Community, site coverage shall include all areas under foot but shall not include trellis areas. Affordable Housing The developer will provide 25 per cent of all sale units as defined by the City's Housing improvement fees and noise wall fees for d approved 38 units will be waived. units above 38 as moderate priced for Element. All in -lieu part: fees, traffic e affordable units and the previously 062596-1108 / F3133I-M / 44923.29 12 a1 SECTION VII - DETACHED RESIDENTIAL/AREA 2 This area is intended to provide residential housing and related community facilities. A. L'ses Permitted 1. Single family dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section IV, Definitions. 3. Custom Lots. 4. Community recreational facilities. 5. Security gates and/or guard houses. 6. Temporary model complex and appurtenant uses. B. Development Standards 1. Minimum Lot Size. The minimum lot size permitted shall be 6,000 sq.ft. 2. Maximum Building Height. All buildings in Areas 2 & 8 shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. 3. Setbacks The following setbacks shall apply to all structures excluding garden walls or fences. a. Front Yard A minimum setback of five (5) feet for the garage and a minimum of ten (10) feet for the dwelling unit shall be maintained. This shall be measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. b. Side Yard Side yard setbacks shall be a minimum of five (5) feet. The Planning Director may approve a zero side yard concept provided that a total of ten (10) feet be provided on the opposite side yard. A zero side yard concept will not be allowed under a custom lot program. C. Rear Yard A minimum of ten (10) feet shall be maintained for the rear yards. d. Setbacks - Garages Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that 06n96-11081 F3 1 33 1-002 144925-29 13 L\ sidewalks are constructed. from back of sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. A minimum of five (5) feet for side -on garages shall be maintained. 4. Fences. Hedges and Falls Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height within the triangle bounded by the right-of-way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right-of-way lines prolonged. 5. Trellis Open trellis and bin construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards. the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 6. Parkin Parking for residential uses shall be in the form of not less than three (3) parking spaces per dwelling unit. 7. Maximum Site area Coverage The maximum site area coverage for any residential lot shall be 60 percent of such lot. 8. Architectural Features Architectural features. such as but not limited to cornices, eaves, and wing walls may extend two and one half (21/2) feet into any front, side or rear yard setback. 062596-1108 / F3133I-= / 1.1925.29 14 SECTION VIII - CUSTOM LOT RESIDENTIAL/AREA 5 r This area is intended to provide residential housing and related community facilities. A. Uses Permitted 1. Single Family Dwellings. 2. Conventional subdivisions on a Planned Community, as defined in 1-13��tion IV, Definitions. 3. Custom Lot. 4. Community recreational facilities. 5. Temporary model complex and appurtenant uses. 6. Tennis Courts. B. Development Standards 1. Minimum Lot Size. The minimum lot size permitted shall be 9,000 sq.ft. 2. Maximum Building Height. All buildings in Areas 5 & 8 shall not exceed a maximum ridge height of 3- feet or an average height of 32 feet. 3. Setbacks 'lire following setbacks shall apply to all structures excluding garden walls c- fences. a. Front Yard A minimum setback of twenty (20) feet for the dwelling unit shall be maintained. This shall be measured from back of curb, or in the event that si6�m-alks are constructed, from back of sidewalk. b. Side Yard Side yard setbacks shall be a minimum of five (5) feet. C. Rear Yard A minimum of ten (10) feet shall be maintained for the rear yards. d. Setbacks - Garages Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured fr:m back of curb, or in the event that sidewalks are constructed from back of sdewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted -.zth roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. A minimum of five 15) feet for side -on garages shall be maintained. 062596-11081 F31331.002143925.29 `\ 15 5� 4. Fences. Hedges and Walls Fences, with the exception of tennis courts. shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, badges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residzLal or accessory structure is to be constructed may be eight (8) feet in height. At sweet intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height within the triangle bounded by the right-of-way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right -of --way lines prolonged. 5. Trellis Open trellis and beam construction shall be pernlitted to mach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open 4ace of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetation of light and air to the covered area. 6. Parking Parking for residential uses shall be in the form of not less than three (3) parking spaces per dwelling unit. 7. Maximum Site Area Coverage The maximum site area coverage for any residential lot :hall be 60 percent of such lot. 8. Architectural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one half (21/2) feet into any front, side or rear yard setback. 9. Tennis Courts Tennis courts are allowed and may be within 3' of the rzr and side property lines. The courts are permitted fencing up to 12' in height. The cotirts lighting shall use 27' max height, square tubular and painted posts with 1000 watt metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such a way as to prevent light from shining directly on the adjacent residential properties and to insure that the lighting does traffic not adversely affect night vehicular along MacArthur Boule,.-ard. All tennis court lighting shall be subject to a use permit. 062596-1108 / F31331-002 / 44923.29 16 SECTION IX - ATTACHED / DEL-kCHED RESIDENMA.L.T. PLANNING AREA 4* A. DEF NMQNS:The folio vine., dermitiorL apply to Planning ma 4 only; 2. "Cluster Unit NW!Opment" rem to a combination or'an-ang erit of att—hed or on contiguous or related b.u,il&-., sites dwellings and their structures Wh=: ma open spaces and pr*, -.a:! -.vards within a Planning Area or Suba are combin6d into more desim:61-- arrangements, greenbelts, or open spaces and • indMdiiil residential- lots ha -,-t � Ware footage than the.xquimd mem 10't, units s=ize ..:� �W the. Planning or Subarea, but the number of residents' ceed -krm cT Subarea does not ex the maximum permitted within the Plai -a' in the SLadstical numberI of units for that P- g Area or subarea as sbow ......... AiWys.1s. 062396_1 108 / F31331-002 1 41925.29 17 5. "Lot Size" refers to the total square footage of a residential lot. The boundaries used to determine the lot size of a residential lot shaU be those set forth on the subdivision map. The square footage of a residential lot shat] be deemed to include those abutting areas extending to the center line of adjoining Access Drives, even a-here the Access Drive is shown as a separate lot under common ownership. 6. "Maxunum Gross Acres" refers to the maximum number of gross arms arhich may be included hhin any planning Subarea, as shown in the Statistical Analysis for Planning Area. 4> 7: A "Private. Stream" ii✓fers to any street .within Planning Area 4: which is>:owned and maintained by the Community Association.: While a Rear Ac.:ess Drive may be owned and maiiiiained by the Community Association, -a Rear Access Drive is not Tri%ate Street" f6r purposes of these Regulations. 8. "Setback" refers to the minimum distance between a structure on a lot and the closer of (1) the property line, (ii) the back: of an adjacent sidewalk, and (iii) the back; of an adjacent curb. Where the Development Standards contained in Section D below specify a different standard for the measurernent of a "setback," the standard set faith in Section D shall control. 051596-1108 / F31331-002 /44925.29 IN NO B. Statistical Arrahs-k for Punning Area 4 Riaximum Gross > ` h�um Acres_.. .... 4A 34 285 4B 19 4C 12 4{i 4D 26 lig 4E 100.5** ASO Matic x*' Trte number of acres ;reflected in"this 61 urn represents the' hmliruun frau can be induded titulun any, specific Subarea. Subarea bow0aries are inuended to be flexible within the maxirnunt acreages identrified. Note: 77u? statistics set forth for Plwuu' g Area 4 and ils Subareas `are Intended to provide flariblUty for allocation of reside ut w'zits bets>•m the Subareas and to reflect minor ridfusmu is of.Subarea boundaries on subXv sion snaps recorded as developrnm progresses 77ie "Marinuan DU". column reflects a rnaximum'number of 450 reside ttiat units for Residenda[.Area 4, even though the sum of the ". farimian DU"for the'iavidual Subareas is much greater than 45O..allom f©r fieribiUq in assigning units ii�'htn tlae Subareas ftihile maintaining an overall cap. on the total number of units alloiwd within Pla tnvtg tlfea 4. 062596-1108 / F31331-= I "925.29 19 5 C. Uses Permitted Planning Area 4 is intended to provide residential housing and related community facilities. 1. Single-family detached subdivisions, subject to approval of a Parldng Plan (see Section C-9) C.;10) and Landscaping Plan, if required (see Section E4-2) C.13). 2. Custom lot sales and custom homes. 3. Temporary model complexes and appurtenant uses. 4. Signs (as provided in Section XI of this Planned Community Text). 5. Tennis courts, subject to the provisions of Section -LX. G. 10. IXC. 11. 6. Community recreational facilities, subject to the provisions of Section X. 7. Uses Permitted Subject to Site Plan Review (see &tg—. Section E) a. In. Subarea 4A only, single-family attached subdivisions. b. In Subarea 4A, Cluster Unit Developments: c. In Subareas 4A, 4B, 4C, and 4E, Conventional Subdivisions on a Planned Community Concept, as defined ifl c ,..: e n r. d. Entry guard houses and gates. D. Development Standards 1. Minimum Lot Size Other than for Cluster Unit Developmew and Conventional Subdivisions on a Planned Community Concept (vvbere permitted subject to site plan review), the minimum lot sizes shall be ........................... a. Subarea 4A: 3,000 square feet. b Subareas -lB, `4C, and 4E: 6.M square feet. c.Subarea 4D: 6,000 square, fed. Custer Umt-Developments and Convent*id. i Subdivisions on a Planned Community Contempt *ill rat be permitted to _. . Subaru 4D 05596-1108 ! F31331 -M / 44925.29 20 2. Maximum Height Limits a. All buildings in Subareas 4A, 4B, 4D, and 4E shall not exceed a maximum ridge height of 37 feet, with an average roof height not to exceed 32 feet. b. All buildings in area 4C shall not exceed a maximum ridge height of twenty- eight (28) feet, with the average height not to exceed twenty-seven (27) feet. C. Chimneys and vents shall be permitted as set forth in the Municipal Code. 3. Setbacks from Public Streets (i.e., Jamboree Road and Ford Road) A minimum setback of fifteen (15) feet shall apply to all structures other than garages adjacent to public streets; except that balconies and patios may encroach six (6) feet in the required setback. Architectural features such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (21/2) feet into the required setback from a public street. Setbacks shall be measured from the ultimate right-of-way line. o62595-11081 F31331-0021 44925.29 21 �j Side yard setbacks for garages located primarily in the rear half of a lot shall be a minimum of three (3) feet for the fust floor of the structure and five (5) feet for the _ second floor. Where garages are located in the rear of a lot in order to access a Rear Access Drive, no side yard setback shall. be required between garages ..... adjouung lots~ For lots accessed by a Rear Access Drive, rear yard setbacks shall be measured from (i) the flow line of a rolled curb or Cu) the back -of a standard curb, as applicable For lois accessed by a Rear Access Drive, garages setbariz shall be de;tm ined by Paragraph 4f (-Garages-) below.; d. Structural separation. For detached units, all main residential structures shall be a minimum of six (6) feet apart measured from face of finished wall to face of finished wall. e. Detached garage separation. Detached garages shall be separated from main residential structures a minimum of six (6) feet measured from face of fuushed wall to face of finishes wall. f. Gam. Garages shall be set back from three (3) to seven (7) feet, or a minimum of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of ei-hteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other garage door types approved by the City Traffic Engineer. 062596-1108 / F31331 -M / 44925.29 22 Side -entry garages shall maintain a minimum front setback of five (5) feet /- measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. g Architectural features. Architectural features such as, but not limited to, cornices, eaves, and wingwalls may extend to o and one-half (21/2) feet into any front, side or rear yard setback, provided that such architectural features shall not project any closer than two (2) feet from any property line. h. Fin] acesand chimneys. Placement of firepla-es and chimneys shall comply with the requirements of the Zoning Code. Through the City's standard It�iotf ration > puss, �tbacks may be rtluced ©r .. a €o accomrnodat, design techniques which will reaiiocated between adjotntnb pes - maximize the use of'pnvate spaces : w-ithout creating undzsirable spatial relationships between structures on a4ou;ing properties. Fences Hedges and Walls Fences shall be limited to a maximum height of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six 6) feet. Wing walls, where an extension of a residential or accessory strums is to be constructed may be eight (8) feet in height. At sty -to-street intersections, no such appurtenance shall .:.:::.......:... . exceed two (2) feet in height �:� if it is located w ithtn e triangle _ b formed . by (i} the intersecting Imes located five feet: -behind and parallel to the cu1. rb of each of the intersecting streets and u7 a connecting line drawn between those points of these intersecting lines located thirty (30) feet distant from the intersection of the �ht-e€-wad: iniersecting lines. At street -to- Access Drive intersections;; no such 'appurtenance shah` exceed to o (2) feet in het measured from curb height'w-ithin the triangle bouncDd by the face of curb lines and a connecting kris drawn between paints twenty (20) feet di:--- t from the intersection of the prolonged face of curb Innes. 6. Trellises Open trellis and beam construction shall be permitted to artach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property line. In side yards, the maximum height shall be eight -(9) -fest (10) feet: 062596-11081 F31331-002 144925-29 23 .. :. ... -------------- .-- 'R IM -1- IUN 7. Private Street, Rear Access Drive. and Flag Lot Driveway Standards Private Streets and Access Drives within residential development shall be a minimum of di�hv two a :')dirty -six (36) feet in width with parking allowed on botli sides; b. Thirty-two (32) feet in width with parking allowed on one side; and c. 'iwenty (20) feet for Primary Access Drives, including Flag Lot Driveways; serving no more than 4 dwelling units. d. ' Sixteen (16) feet for Primary Access Drives, including. Flag Lot Driveways, serving no more than 2 dwelling units. d- Primary Access Drives of 20 or 16 feet as provided for -the above shall be increased to a minimum width of 26 feet if serving a common paridng area. UrAess etheN,ise defified in this text, pnvate ts shall be designed in eefnplianee %vi Rear A.coess Drives shall be a minimum of twenty (20) feet in width. Site Distance Requirements Residential development shall be designed to provide adequate sight distance (251\IPM, at the intersection of all private streets and drives P� Access Drives and along curves unless otherwise approved by the City Traffic Engineer. 062596-1108/ F31331-002/ 41925.29 24 9. Parking Plan Each tentative subdi-,ision map that would create legal building sites shall be accompanied by a parking plan demonstrating compliance with the following standards: a. Single -Family Detached Parking Reuuirements A minimum of two (2) garage parking spaces shall be provided per detached dwelling unit. In addition, guest parking shall be provided within the spaces r unit. Guest may development at a minimum rate of two (2) spa per pg.,.....,Y be provided on street, in parking bays, or on d y apPeffs cir�vew-ay (minimum 20 feet in depth) or 1' Feet where roll up gaiag°e .dors aFe prrnrded) in a manner acceptable to the City Traffic Engineer. A maximum of one of the guest spaces may be provided on the driveway. A reduction in the guest parking requirement may be considered subject to approval of a finding by the Planning Commission that the reduced parking ratio will not cause an adverse impact on the community. b. Condominiums and Townhomes Attazhwed dweilii g units less than or equal to 1500 square feet shall provide a minimum of 2 parking spaces per unit, including one covered space. In addition, guest parking shall be provided at a minimum rate of 0.5 space per unit. Guest parkdng may be provided on street. in parking bays, or on-dfivewfty apro� driveways (minimum 20 feet in depth or 18 feet where roll up garage doors are pros. de , in a manner acceptable to the City Traffic Engineer. A maximum of fifty percent (50%) of the guest spaces may be provided on driveways. DweUiftga Artac-bed dwelling units greater than 1500 square feet shall provide a .......:. . minimum of 2 covered spaces per unit. In addition. guest parking shall be provided at a minimum rate of one (1) space per unit. Guest parking may be provided on street, in parking bays, or on drivewasr-apron driveways, (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. A maximum of fifty percent (50%) of the guest spaces may be provided on driveways. C. Parldng Space Placement and Dimensions Snba^t to the provisions 4f a Development Aunt for Planning Area 4, the size and placement of all parking spaces and areas shall be as specified by the residential parking standards contained in the Newport Beach Municipal Code, Standard Plans 805 -L-A and 805 -L -B, and Council Policy L-2 unless others ise approved by the City Traffic Engineer. 062596-1108 / F31331-002144925.:9 25 10. Maximum Site Area Coverage The mw6fflurn site fffea ShaHbuildingOOipru2tS b b b reside ncesand 9---Mges shall not cm er more than sixty percent (60 %) of the area 'included within the "Lot Size." "For ses of these R _lations trellis `tPo egu areas; temporary strictures, patio covers, covered patios, and similar ancillary structures shall not be considered in the caiculabon of site area coverage. 11. Tennis Courts Tennis courts are allowed and may be within three feet (3') of the rear and side property H=. The courts are permitted fencing up to 12' in height. The courts' lighting shall use, 27' max height, square tubular and painted posts with 1,000 watt metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such a way as to went light from shining directly on the adjacent residential properties and to insure .at the lighting does not adversely affect night vehicular traffic along Jamboree Road or turd Road. All tennis court lighting shall be subject to a use permit. 12. Landscaping Plan Each tentative subdivision map that would create legal building sites and which contains common area abutting an existing residential development outside Planning Area 4 s --all be accompanied by a landscaping plan for that common area, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be -wined; and indicating the amount, type, and location of landscaped areas, planting beds :---id plant materials with adequate provisions for irrigation . The plan shall be designed as to create a suitable buffer between the existing residential am and the new 6z-,velopment. E. Site Pen Review Site P'.a-ri Review may required only for a landowner proposal which consists of or includes: • a Cluster Unit Development or • a Conve�ndona[. Subdivision on a Planned Community Concept or :modification of specific development standards contained. in Scions D9. DIO, and D12 of these regulations_ 1. PAW The purpose of this section is to establish a Site Plan Review procedure to ensure that �e project conforms to the objectives of the General Plan as well as the requirements A development standards contained in these 1,6ft ed Caminuaity Disu• let n • b 062596-1108 I i_ :-1-002 / 44925.29 71 Regulations. The Site Plan Review shall take into consideration all provisions of any Development Agreement for Planning Area 4. 2. Findings The Site Plan Review procedures contained in this section are intended to promote the health, safety and general welfare of the community according to the Site Plan Review Findings set forth in the Zoning Code. 3. Application When required. Site Plan Review approval shall be obtained prior to or concurrent with the approval of any tentative subdivision map that would create legal residential building sites, or prior to issuance of a building permit for non-residential structures (e.g., recreation facilities and entry guard gates). 4. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: a� Plot plan. A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking, landscaped areas, signs, fences and sidewalks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parking areas, the location of each parking space, and auras for turning and maneuvering vehicles. The plot plan shall indicate how efility.utilities and drainage are to be provided. For eustafn lot sq- es Pb ` b . . ° b. Landscape plan. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. C. Grading plan. A grading plan to ensure development properly related to the site and to surrounding properties and structures. d. Exterior lighting. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. e. Parking plan. A parking plan demonstrating compliance with the requirements contained in Section 9 CO, above. ES 062596-11081 F31331-002/ 41923.29 27 ' i f. Noise attenuation. For subdivisions abutting Jamboree Road or Ford Road evidence demonstrating compliance with applicable noise attenuation requirements. g. Any other plans, dia.-rams, drawings or additional information determined by the Planning Director to be necessary to adequately consider the proposed development and to determine compliance with applicable policies and standards. Application Fees The applicant shall pay e-€ee-as the standard Citywide Site Pian Rmq&V fee established by Resolution of the City Council with each application for Site Plan Review. Notice and Hearin-, Procedures. Procedures regarding public hearing notification and Planning Commission and City Council actions shall be as provided for Site Plan Review in the Zoning Code. E. \Viodification Process A modif cation of specific development standards contained in Sections D3, D4, D5, and D6 may be obtained through the City's standard Modification process. G. Subdivision Nbp Prrcess >?. modificafion of specific development standards contained M Sections Dl 'and D7 may be obtained through the City's standard subdh ision map approval process.:. pursuant to the California Subdivision Map Act and applicable City ordinances: H. PC Teat Amendments A modification or specific development standards contained in Sections D2 and DI may be obtairted only through, an amendment to these Planned Community District Regulations. 06:596-110.5 / F3133I-= 144925.29 f� SECTION X - COA MLNTTy RECREATIONAL FACILITIES B. Development Standards l . Building Height The maximum building height shall be vw b - tiurty- seven (37) feet as -:> :. . defined by the Zoning Code. Towers or architectural features greater than b3 may' seven {3') feet but not exceeding sixty (60) feet in height may be permitted subject to approval of a Use Permit. 2. Building Setbacks Fifteen (15) feet minimum from any residential property line and ten (10) feet minimum from any street measured from back of curb, or from back of sidewalk where sidewalks are provided. 3. ace shall be provided for every 200 square feet of a `str1.ucture designed' as: one pang space . a clubhouse oreetrnb room On street parking adjacent to the faciiines may be used to meed this requirement. 062596-1108/ F31331-002144923.29 29 SEC"T"ION. -G, - AREAS 1, 2, 4, 5, 6, 7, S A. Permanent Signs 1. Miscellaneous DirectionaUInformational Sims Directions /Informational Signs. such as but not limited to "right turn only", "exit" "entrance", "tennis courts", etc., shall be permitted. Said signs shall be kept to a minimum and shall be designed as a coordinated part of the overall project. Each sign shall not exceed ten (10) square feet of sign area. 2. Primary Identification Signs One double-faced sign or two single -faced signs at the main entrances to each residential area shall be permitted. Said sign shall not exceed a height of four (4) feet above the grade or surface to which attached. nor shall said sign exceed an area of Lhitty-five (35) square feet per face. Said sign may be internally or externally lighted. T:se infonnation listed on the sign shall be limited to: a. Village name b. Project name C. Facilities identification B. Temporary Signs (Prior to and during construction) 1. Future Facility Signs A sign which informs the viewer. through graphic symbol and verbal rein. orcements, of the type of facility planned for the site. (See Appendix -A). For Planning .-ea 4, a mirtimum of two double -fared futum facility signs will be allowed. One may f ; Jamboree Road and om may face Ford Road. 2. Merchandising Signs A sign which informs the viewer. through graphic symbol and verbal reinforcement, of the facility name, opening date. t}T-e of occupancy, owner -developer, and phone number for sales information. For Plarinrng 4, a mamrmrrn of two double-faced merchandisrra signs 'ill be allowed Ons may face Jamboree Road and one may fax FordRoad_ end 062596-1108 / F3133I-M / 44925.29 30 r- Ir\ CITY OFNEWPORT BEACH Meeting Date: June 20, 1996 pLA\1.I1-G/BU1LDi\G DEPARTMENT Agenda Item No.: 8 zoo NEWPORT BOULEVARD Staff Person: Patricia L. Temple NEWPORT BEACH. CA. 9:65S (714) 644-3200 (7q) 644_5:—: FAX (7+4) 644-S=50 Council Review: automatic REPORT TO THE PLANNING COMMISSION PROJECT: Pacific Bay Homes 2300 Jamboree Road PURPOSE OF APPLICATION: Amendments to Development Agreement No. 8 and the Aeronutronic Ford Planned Community to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single-family development. SUGGESTED Hold public hearing. ACTION: If desired, adopt Resolutions No. and . recommending approval of: First Amendment to Development Agreement No. 8 Amendment No. 848 LEGAL DESCRIPTION: Parcel 4 as shown in Book 140, Pages 1 through 6 inclusive of Parcel Maps, records of Orange County, California. ZONE: PC (Aeronutronic Ford Planned Community) OWNER: Same as applicant Points and Authorities • Environmental Compliance (California Environmental Quality Act) All significant environmental concerns for the proposed project have been addressed in a previously certified Environmental Impact Report (SCH 494011022), and the City of Newport Beach intends to use that report for the project under consideration, and there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared EIR are available for public review and inspection at the Planning Department, City of 'Newport Beach, 3300 Ne" port Boulevard, Newport Beach, California, 92663. ��r VICINITY MAP 21d -- t 1�4 UPPER NEWPORT BAY' Ecological Preserve 4:�P I t NEWPORT CENTER L �.o• �,1 Fashion Island FIRST AMENDMENT to DEVELOPMENT AGREEMENT No. 8= AIIENDMENTNo. 838 I Subject Property and Surrounding Land Uses The subject property is the former site of the Ford Aeronutronic and Loral Aerospace research and development facilities, which have now been demolished. To the north are the residential communities of Bayridge and Belcourt. To the \vest is Jamboree Road, with the community of Eastbluff beyond. To the south is the Belcourt Hill development, Ford Road and the community of Big Canyon. To the east is the Belcourt development. FIRST A.\IE\D.\IE\-T TO DEVELOPMENT AGREEMENT NO. 8 AMENDMENT NO. 848 June 20, 1996 Page 2 Conformance with the General Plan and Zoning District The Land Use Element of the General Plan designates the site for Single Family Attached and Detached Residential development, with an allocation of 500 dwelling units. The proposed project is consistent with the General Plan. The proposal includes amendments to the Planned Community District Regulations and Development Plan. • The procedures to amend a Development Agreement are contained in Section 15.45.060 of the Ne«port Beach Municipal Code. Section 20.51.045 of the Code contains the procedures to amend a Planned Community Development Plan. ANALYSIS Subsequent to the approval of the General Plan Amendment, Planned Community (PC) Amendment, Tentative Tract Map and Development Agreement for the Ford/Loral site, Ford Motor Land Development identified the builder'developer for the project. Pacific Bay Homes (formerly JN1 Development) immediately commenced discussions with City staff on changes to the original project approval. While generally in keeping with the concept of the original development, the new plan of all detached, single family dwellings necessitates changes to the Development Agreement and PC Text. It is important to note that these changes address the definitions and development standards contained in the Planned Community Development Plan under which the project is to be developed. The change of land use category to residential and the Environmental Impact Report certification and mitigation program are not under consideration as part of this action, other than the determination as to whether the changes to the zoning document would require changes to the mitigation program previously established. First Amendment to Development Agreement No. 8 Minor changes to the development agreement adopted as part of the original approval are necessary to incorporate language recognizing the proposed changes to the Planned Communit•• Development Plan. No changes to the substance of the agreement are proposed. The changes also recognize that Ford 1\4otor Land has accomplished some of the requirements of the original Development Agreement. Those accomplishments are the Belcourt Terrace Landscape Screen Agreement and the participation in the Affordable Housing Task Team, which has been meeting over the last several months, and is in the process of issuing a Request for Proposals for the project. The Office of the City Attorney considers the proposed amendments to the development agreement to be minor and technical in nature, and has no objections to the proposed changes. FIRST ANIENDMENT TO DEVELOPMENT AGREEMENT NO.8 AMEND%IENT NO. 8.18 June 20, 1996 Page 3 Amendment No. 848 for the Aeronutronie Ford Planned Community The proposed amendments to the Planned Community District Regulations and Development Plan, while comprehensive in scope, do not substantially alter the intent of the original set of regulations. The chances are needed to accommodate the revised development plan. The important changes to the development are the realignment of the internal loop road resulting in an expansion of the land area within the "circle," and revisions to development standards to accommodate the new development concept of 100% single family dwellings. Pacific Bay Homes will be submitting a revised Tentative Tract Map reflecting these changes in the near future. The changes to the development plan fall into two categories, formatting changes and changes affecting the development standards. The changes are itemized on the chart attached to this report (Attachment 1) titled SU.111L4RYOF KEY PROPOSED CHANGES TO AERONI.TRO:VICFORD PL4VNED CO.11.11U.,V1TY DISTRICT REGLL4TIONS This chart is indexed to the redline/ strikeout text attached to this report (Attachment?). Generally. the key changes to the text are as follows: • Format chanees to incorporate all the definitions and development standards for the project area into a single section. • Addition of definitions needed as a result of the specific residential product types envisioned by the ne\y plan. These include alley loaded development. • Clarification of the definitions of Cluster Unit Development and Conventional Subdivision on a Planned Community Concept. This is needed because both staff and the developer had difficultyinterpretingthe original definitions. • Chances to the Statistical Analysis, including reducing the permitted number of dwelling units from 500 to 450. • Changes to the specific development standards. including: • alteration to the uses permitted in the areas adjacent to Belcourt residences, implementingthe agreementsregarding lot size and configuration. • Changes to setback requirements to provide for greater architectural variation. • SimpliAling the text for ease of use. • Establishment of administrative procedures for modifications to the development standards. The procedures proposed reflect approval processes contained in the zoning code. • Clarification of the circumstances when Site Plan Review is required. FIRST kMENDMENT TO DEVELOPMENT AGREEME, IT NO. 8 AMENDMENT NO. 848 June 20, 1996 (]� Page 4 �` • Provisions for the establishment of limited food and beverage service in a community recreation facility sen.-ing residents and guests only, subject to the securing of a Use Permit. This is requested because the current development plan envisions a large community facility which could accommodate social functions. Staff has wvorked closely with the applicant in revising the development standards. Staff has no objections to the proposed changes, as they are needed to accommodated the revised development plan of 100% single family dwellings, and will be more understandable and easier to interpret as the development moves forward. Conclusion and Specific Findings Chapter 15.45 of the Newport Beach Municipal Code allows for the amendment of a development agreement upon mutual consent of the parties to the agreement. The Office of the City Attorney and the Planning Department have reviewed the proposed changes to the agreement pro;:osed by the applicant, and have no objections to the changes. No specific findings are set forth in the Municipal Code for the amendment of Planned Co immunity District Regulations and Development Plans. It is the opinion of staff that the proposed P -C Text Amendments are consistent with the General Plan, and reinforce the concept of the original approval. Staff has also reviewed the previous certified Environmental Impact Report and is of the opinion that the changes to the development plan are adequatel} addressed by that doc=—Int, and that no new impacts not previously identified will result from the changes and no new --ligation measure are required. Should the Planning Commission desire to approve the project, draft resolutions recorr =,ending approval of the project to the City Council are attached. PLA\1ING DEPARTMENT Patricia L. Temple Director Attachments: 1. Summary of Key Proposed Changes to the Aeronutronic Ford Planned Community District Regulations 2. RedlinelstrikeoutPlanned Community Text 3. Revised Development Agreement No. 8 4. Letter from the Office of the City Attorney regarding amendment development agreement 5. Draft Resolution regarding the first amendment to Development Agreement No. 8 6. Draft Resolution regarding Amendment No. 84 8 FIRST AD1ENDMEN'T TO DEVELOPMENT AGREF«'T NO. 8 A IEND>`ENT NO. 848 irx 20, 1996 Page 5 `�T71 50, C J N y N ci C _ Gwy3 c u u C E Mtj r' 'O F.. ic3 C C .0 x C c c c cz � v U y C U C � S o w u U c9 '7 • C N < N C f 1 —• � _ , .� C C N •N < v o U' o rJ Uy u U �" r C (� _ cJ GA < UU > C 0 C `T C E r. � v ,O r. •C � r �_ •C � 'C G c� cz 61 w �•• u K r ;_ = L CO C C U C C C t -_ y 3 ta 1 ` v G U �..' 1 \ U V Z9V ti^ — \_ �.. 7-.y' v O U 61'7^. .0 'fl (� < C U z 'T C �x - —C, cng cli cD ^ N ..� GO ,C �' ; — 0 ci � l V " _ Vl ,V V C r. rN u ¢ �< ax =X 8..) C CLL. . 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C y O O O h L �.. 1: O U C cT u Gi N N CO h 0 0 O h L L h C3 h V U � > 'y V N N X0 C 7 O �.., N O •fy V G N � V �.V. O t7 C L N N CS `U U U 'O C •N U V U Lam.. y u El '.0 U U U v C y ^. O r U h N C D O — N n 0 N =-j a tj O T J U Or (� rte. , ^ GO O C_ O C CZ C O N C U h U U _ -' _O > > N �•' r iC � _ N 0 c U n O a.) U O L U L �/ _ 0 Ncz V > V ►r 0 N �•• U �• ^ C O U V v r. O C v. G ^ U u h CO G L O V U U E 'L U 0 C N41 N N > 4-. CUS U ^ V 'l. f. V: V T_ t.J.. N N G N N •^J. ly > C r y O L L N K 4. t4 c 00 O y0 `I C h O C C U C C 0 t% iz c NN i N r N v N N t� r C u L` � C C4 �x XV u-Nd cz V)Q A a C j 0 .� U ^ 0 —C4ziea N C4 cz cc /NN J — u o cz ^ u `T a > � 0 3 C •N U �- r C SC .^. ej n > > O N _ cliCISI.U.. N> U J' > pal U v r y T -0 r n _U Z> v C - v C C qCj U > U - - N � y h U N U� ^ U C v v J N C L _ 72 4 C N O .� u U r 3 UNdn n N ".•% tj �_ ^ 'Nj v' tj tom.. rr.. .UM. U 1 c r° o o °o (z C L) C v C C C C C t C C V V C V C .. C t� tr1 N OC m 7C N S —. OC cn C\old 4A L.i N N ti N N v v N U< _= v= u to r-Oc:. U XC4 �X Cl. �X �" �X _X aX C14 L u =- C C �Uj 3 •p > tj r, C of l G> O v E Ua•cz cz J AERONUFRONIC FORD PLANTED C0��IUNITY DISTRICT REGULATIONS Adopted September 9, 1979 Ordinance No. 1807 Amendment No. 542; Amended March 9, 1981 Resolution No. 9986 Amendment No. 559; Amended October 13, 1981 Resolution No. 11064 Amendment No. 564; Amended September 28, 1983 Resolution No. 1104 Amendment No. 591; Amended July 10, 1995 Resolution No. 95-89 Amendment No. 800 053196-1553 / F3 1 331-002 / 41925.27 TABLE OF CONTENTS INTRODUCTION i * USE DTL.As"i SECTION I - STATISTICAL ANI ALYSIS 32 SECTION II - GENERAL 43... SECTION III - GENERAL NOTES 54 SECTION IV - DEFINITIONSi SECTION V - ATTACHED RESIDENMAL/AREAS 1, 6, 7 97. Sub -Section A Uses Permitted 8.7. ........ ............ Sub -Section B Uses De -elepfne 't l Development Standards 97 SECTION VI - ATTACHED RESIDENTIAL/AREA 8 4410 Sub -Section A Uses Permitted 4410 Sub -Section B Uses Permitted Subject To A Use Permit 4410 Sub -Section C Development Standards 44-10' SECTION VII - DETACHED RESIDENTIAL/AREA 2 44 13 Sub -Section A Uses Permitted 1413 Sub -Section B Development Standards 44 13 SECTION VIII - CUSTOM LOT, RESIDENTIAL/AREA 5 4-7 15 Sub -Section A Uses Permitted 4-7,15.. Sub -Section B Development Standards 15 Sub -Section A Uses Permitted c b c ,e6e o-zses P. :..ea Subjeet to Site Plan ReNiew 2 053196.1553 / F31331-002 / 44923.27 RESI ENTT 1 t ' A RF A -iv�-rrr. z-.... rrc�r�-Tt�:v 7/1 4A 17 Zfl 25 ,-. t T T MES 3- T . . . . v ✓~V v- Sub -Section B Development Standards =4 2. SECTION �a - SIGNS/RESIDENTIAL AREAS 1.2.4,5,6.7,829. 29 Sub -Section A Permanent S -ms `' 9429. Sub -Section B Temporar}' S:Ps 053196.1553 / F31331-002 / 44925.27 1�� . ._ •_ _wr.- - ,-. t T T MES 3- T . . . . v ✓~V v- Sub -Section B Development Standards =4 2. SECTION �a - SIGNS/RESIDENTIAL AREAS 1.2.4,5,6.7,829. 29 Sub -Section A Permanent S -ms `' 9429. Sub -Section B Temporar}' S:Ps 053196.1553 / F31331-002 / 44925.27 1�� E�'TRODUMON The Aeronutronic Ford (Planned Community) District for the City of Nev-port Beach is in conformance %%ith the Newport Beach General Plan. The purpose of this th6e Planned Community (PC) District R�ions* is to preside fe establish... ........ the zoning classification and development efsta6�flqrtbe subject propern, in aceerdanee . .. ..... . ... . ................. reguiaiions ��71 p;e�•ail ober regulations contained "in the Chy s gelil�ai ring - the-,:rl fezdations are silent."Aith respect -to-A pimicular st� hmwver, provmom ... . .. .......... . . . ..... ................... ................. ............. .......... ............ n ................. of the genqal zoning ordinarice shall conirol.'..M.... rerse- iig� y--- --ad 6pt ia .on. Sept�uiber 9, 1979; by -0114 ... No*--- —1 07.- ,Sin6.. then, the Reg-,'IaE-c-rs Lave been amended sewet-al times to m-k-ct changing de-v-elopment concepts wA Ul =*atcl :a rni 1995, the Regwlatio,-as �%-= amended to yljor chmge. in permitted me. , On July 10, . ..... .... . ........ ... .... .... eliminate the hist-.oric research and development feegity fef FeFd Aera5paee a9d Ce UlUeeben (-eiTeratiai-q kefenu:�af�e Dkisien. Tl�s fiaeiht�- NNiH een�e -B.-leN-elepa�ee: u:n6l it feeehes us t�.:-4in L4e - reca5g�,-#G Helm— -i-11-1--se-a-Ch ar-2 41evelepment. T4e secend land e A be fesiden6al, egizing a N-afiet�- ef and dee:E-:--kes, and fkiE6-es ... th6 permitted 6f eeffipagble •' °" Z'co Id on. sate Ilk .z. t c Planning Area 4 (consisdrig, of Subareas 4.k 4B, �4C, 4D. and 4E) of the SIM to residential and uses. The amendmeIIi dated . I , re '996flocts further refinements M C .. . residenU..C.onc-,% for PlEnning Aira 4. Nothing contai� in latest ame-rdment sh661d.be construed to alter the provisions of these Regulations "Aitb rez-:,pect, to any Playing Area other thm .... .............. . .. .. ... :........ .......... Planning Area 4. 053196-1553 / F31331.002 / 4492517 �K, f SECTION I - STATISTICAL A-ti`ALYSIS FOR PLAIN-N'LNG AREAS I, 2, 5, 6, 7, & S; foie: Tne 5'.'.:;istical.4ro,'y-vis for Pla=ng .4rea 4_and its � �eas is set forth to Section IX ..... ...... ................ Gross PINI Buildable Maximum -r�T3e Area Acres Net Acres Acres DU Planning 1, 2, S, 6, 7 8 Building Fcotprint 14.6% Areas 1 18.6 16.2 12.3 50 2 18.6 17.5 12.7 54 5 33.0 26.0 17.3 48 6 15.1 14.4 10.4 54 7 17 16.0 11.6 56 8 12 11.5 8.5 168 Subtotal 1143 101.6 72.8 430 PERCENTAGE OF SITE COVERAGE Plar :ing Area 1, 2, S, 6, 7 8 Building Fcotprint 14.6% 28.0% Parking A. -=s 21.7% 5.0% Landscape and Pedestrian 63.7% 27.0% CirculaE= Streets 31.5% Perimeter C -,en Space 8.5% 053196.15531 f=-31-00214:925.27 1 2 ,r �i SECTION II - GENERAL Location The Aeronutronic Ford Planned Communin- encompasses 215.2 gross acres in the City of Newport Beach. Ile community is bounded by Bison Avenue on the north, 1%1acArthur Boulevard on the east, Ford Road on the south, and Jamboree Road on the west Existing Zoning The existing zoning is designated PC �Pla nned Community). The development standards set forth herein will provide for the development of the subject propem,. Land Uses The Aeronutronic Ford Planned Comte •__�. is Frei iousl}' %vas desipated for residential development and for the expansion of Resew -ch a=_d Development uses of the existing Ford Aerospace and Communication Corporation. As a of th,- mm-ost recent =enw-nents to Regulations, Planned Community now pro`tiics ea�rel}- for residential and ancillary uses. Public Recreation The City of Ne«port Beach Pail; Str.n:d- ds M11 be met by in -lieu fees. Private Recreation Four (4) private recreational a-eas totting 1.2 acres Mll be located «ithin the resi efitiM afe Planning 1, 2, 5, 6, 7 and S. Faciices included in these private recreational areas "ill include a minimum of four (4) s«imrning px s. four (4) jacuzas and associated recreational buildings. Private recreational facilities, open anal or strucnued, N�ithin the development boundaries shall be maintained and operated by the Co=,=,in, Associations. Atha n One or. more �ditenI F�%*a:e recreation areas .. , e2 ,v .. e-allom Planning Area 4. 053196-1553 / F31331-002 / 4492537 f; ; 3 SECTION III - GENERAL NOTES 1. Water Service Water service to the Planned Community District will be provided by the City of Newport Beach 2. Sewage Disposal Sewage disposal service facilities to the Planned Communin- will be provided by the City of Newport Beach, Orange County Sanitation District No. 5, or Irvine stanch Water District, as per agreement (NMay 14, 1980). 3. Flood Protection Development of the subject property «Ill be undert='yea in accordance with the flood Protection policies and requirements of the Cin' of Newpon Beach. 4. Grading Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and s,'Wl be subject to permits issued by the Building and Planning Departments. 5. Zonine Ordinance Compliance Except as othernise stated in `' Planned ''' „�'"—'=' Rations ,or a . ._ . Dei el0pmem Ageeiment for Plan g. Area 4, &e requireme n*s of the Newport Beach Zoning Ordinance shall apply. 6. Building Code Compliance The contents of this text notwithstanding, all construction within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and the various mechanical codes related thereto. 7. Parking Lot LiQhtine All new parking lot lighting shall be subject to the reNiew and approval of the Planning Director. 0531961553 / F31331-002 / 4792527 4 .•krchaeoloeicaVPaleontolocical Resources Prior to the issuance of grading perr:vts, the site shall be examined to determine the existence and extent of archeological and paleontological resources in accordance with adopted policies of the City of Newport Beach. 9. Public Health and Safety Requirements (Plannine Area 4) The Ford Motor Land Services Corporation or its successor shall comply with all requirements and mitigation measures related to public health and safety as described in Final EIR No. 153 for Planning Area 4. 10.Develot3meni A eeir' (Pialvung Area 4) Dunng .ihe term of any DeNTIopmmt Agzeerren- cable to Planning -oxisions of that Develo mznt A, -' F� p greerr.ni shall determine the ordinance resolurioiis, policies, and other local laws applicable to the deyelo :Hent of P ---.ng Area 4. there there is anuicortsstency bet Veen the ter^.s of t�n..se Resdons and the Agreement, the terms of the Development Agreement shall pre,,ai.L ...... 053196-1553 F31331-002/4492517 W SECTION N - DEMMONS The following definitions shall apply to the development of all, Plan=..*,-- ., Ares excel Planrvng Area 4 of the Aeronutronic Ford Planned Community. Def�6ons for P-�=.Wins Area 4 are cont... Section IX 1. Gross Acreage shall mean the entire site area within the project boundary plus the centerline of the perimeter streets excluding MacArthur BouleN-ard, in which case the boundary line extends to the existing right of way line which is the Newport Beach City boundary. This acreage is the area within the boundaries of the Tenta:i-vc Subdivision Map. 2. Parcel Map Net Area shall mean the entire area within the project botmdary excluding previously dedicated perimeter streets. 3. Buildable Acreage shall mean the entire site a_— v ;thin t .e project botmdary excluding streets, park dedication. areas with existing natt:. Wl sloes z -'er than 2:1. and natural flood plains. 4. Cluster Unit Development shall mean a combin_ on or anmazement of att shed or detached dNvellings and their accessory structures on contguo;s or related buildin_ sites where the }ands and open spaces are combined into more &sLn—ble a— ngements or open spaces and where the individual sites may have less than the re ;uired average for the district but the density of the overall development meets the re�T red stand --:d. 5. Conventional SubdiNi: ion on a Planned Com ,--mity Concept shall mean a conventional subdivision of detached dwellings and their acce�ry -,-,ucrL-es on indiNi&---il lots where the lot size may be less than the required average for the district but where ire density for the entire subdivision meets the required standards anJ wwere open space areas are prodded for the enhancement and utilization of the overall devele-.�ment 053196-1553 / F31331-002 / 44925.27 2 SECTION V - ATTACHED RESIDE\TIAIJARL-k 1, 69 7 These areas are intended to provide residential housing and related community facilities. A. Uses Permitted 1. Cluster unit developments, as defined in Section IV, Definitions. 2. Single family dwellings attached or detached 3. Conventional subdivisions on a Planned Community Concept, as defined in Section IV, Def niton. 4. Custom Lots. 5. Condo minium"Townhomes. 6. Temporary model complex and appurtenant uses. 7. Community Recreational facilities. 8. Signs (as provided in Section )Q of this Planned Community Text). 9. Security Gates and/or Guard Houses. B. Development Standards 1. Maximum Height Limits a. All buildings shall not exceed a maximum rage height of 37 feet or an average heieht of 32 feet. b. Chimneys and vents shall be permitted as set fo^,h in section 20.02.060 of the Municipal Code. 2. Setbacks from Public Streets A minimum setback of 15 feet shall apply to all structm es other than garages adjacent to public streets; except that balconies and patios may encroach six (6) feet into the required setback. Architectural features such as but not limited to cornices, eaves, and ,Ningualls may extend two and one-half (2%s) feet into the required setback from a public street. Setbacks shall be measured from the ultimate right-of-way line. 0531951533 / F31331-002 / 44923.27 u 7 V (1 Setbacks from Other Property Lines and Stn:c--.:.-rs a. A minimum front yard setback of five (5) feet shall be required. This setback shall be measured from the back of c; ---b or in the event that sidewalks are constructed, from back of sidewalk. b. All main residential structures shall be a minimum of eight feet apart This shall be measured from face of finished wall to face of finished wall. C. Detached garages shall be separated from main residential structures a minimum of eight (8) feet This also ix measured from face of finished wall to face of finished wall - d. Two car garages with direct acczss shall bz s,�-tback from five (5) to seven (7) feet average or a minimum average o: riven:' (20) feet measured from back of curb, or in the event that s dewalks 2.-e cc: -muted, from back of sidewalk. A minimuof eighteen (18) feet mera7td ro m m back of curb, or in the event that the sidewalk shall be pe—m-utted with ,,ll -up or other t -,garage doors approved by the City Traffic Engine r..y-Id.itional garage spaces need not meet the above criteria. 4. Fences. Hedges and Walls Fences shall be limited to a maximum, of eight (8) feet, except within the front yard setback where fences, hedges and walls shalt be L--�,ted to six (6) feet Wing walls, where an extension of a residential or accesses: s,:•,acture is to be constructed may be eight (8) feet in height. At street inte.--ctions. no such a.ppunenance shall exceed two (2) feet in height measured from curb height the triangle bounded by the right- of-way lines and a connecting line dawn lints thin' (30) feet distant from the intersection of the right-of-way lines prolcnge IL 5. 5. Trellis Open trellis and beam construction shall be -c----ted to attach the garage to the dwelling structure and may also extend from the dw ,fling to within three (3) feet of the side or rear property lines. In side yards, the =z.ximum height shall be eight (8) feet Trellis areas shall not be considered in calcut:.:ing let area coverage; however, trellis areas shall not exceed 25 percent of the re aL--ig open space of a developed lot. Trellis and beam construction shall be so des..gned as to provide a minimum of 50 percent of the total trellis area as open space fcr rise penetration of light and air to the covered area. 053196.1553 / F31331.= 14492527 6. Architectural Features Architectural features. such as bL, not limited to cornices, eaves, and wing walls may extend two and one-half (21-.) fet: into any front, side or rear yard setback 7. Parte A minimum of 3.0 parking sFa.nes per unit shall be required. One of the required spaces may be permitted on the driveway of the residence, providing that said driveway has a minimum depth of twenty (?0) feet or eighteen (18) feet with roll -up or other type garage doors app; eved by the City Traffic Engineer, meshed from back of curb, or in the event _'c" -walks are constructed, from back of sidewalk, in addition to driveway parking sr..:_--_ a minimum of 0.5 guest parking sra:zs may be prodded on -street or in the bays, and their location shall be reviewed and approved by the Planning Director and th.- City Trac Engineer. 8. Maximum Site Area Cove --.=e The maximum site coverage pe- = .,zd shall be fifty (50) percent of the re, site area For purposes of this Plann d Cep .:sur iry, site coverage shall include all a.-ess under foot but shall not include tvllis a.-i�zs. 0531961553 / F31331-002 / 44925.27 9 �f C, SECTION VI - ATTACHED RESIDENTIAIJAREA 8 These areas are intended to provide residential housing and related community faziL":M A. Uses Permitted 1. Cluster unit developments, as defined in Section IV, Definitions. 2. Single family dwellings attached or detached. 3. Conventional subdivisions on a Planned Community Concept, as de5ned in Section IV, Definitions. 4. Custom Lots. 5. Temporary model complex and appurtenant uses. 6. Community Recreational facilities. 7. Signs (as provided in Section XI of this Planned Comm::aity Teal. 8. Security Gates and/or Guard Houses. B. Uses Permitted Su>,iect To LTse Permit 1. Condominium and to„nhome dwellings. C. Development Standards 1. Maximum Height Limits a. All buildings shall not exceed a ma-ximum ricge heir: e 37 feet or an average height of 32 feet. b. Chimneys and vents shall be permitted as set fon. in section 20.0?.060 of the Municipal Code. 2. Setbacks from Public Streets A minimum setback of 15 feet shall apply to all structures other,_'-_- garages adjacent to public streets; except that balconies and patios may encroach s x (6) feet into the required setback. Architectural features such as but not limited to cornices, eaves. =d ti�in walls may extend m,o and one-half (2'/2) feet into the required setha,^.k from a public street. Setbacks shall be measured from the ultimate right -of -«a, line. 3. Setbacks from Other Property Lines and Structures a. A minimum first story front yard setback of five (5) f6r. be required. This setback shall be measured from the back of curb or in the event that 053195.1553 / F31331-002 14492517 `r? 10 sidewalks are constructed. from back of sidew-„SL The second story front may be constructed adjacent to the back of curb or iY -Ie event that sidewalks are constructed, adjacent to back of sidewalk. b. All main residential structures shall be a minim- of eight (8) feet apart. This shall be measured from face of finished wall to :ce of finished wall. C. Detached garages shall be separated from m=- residential structures a minimum of eight (8) feet- This also shall be rne~sured from face of finished wall to face of finished wall. d. Two car garages with direct access shall be seth. zk from five (5) to seven (7) feet average or a nununum average of M-enty t=.J) feet measured from back of curb, or in the event that sidewalks are cons =ted, from back of sidewalk. A minimum of eighteen (18) feet measured fro= back of curb, or in the event that the sidewalk shall be pzr-nined with roll-- or other qpe garage doors approved by the City Traffic Engineer. garage spaces need not meet the above criteria. 4. Fences. Hedges and Walls Fences shall be limited to a maximum of eight (8) fe -- except within the front yard setback where fences, hedges and wa.'ls shall belimit: = to six (6) feet. Ving walls, where an extension of a residential or accesson• structt----� is to be constructed may be eight (8) feet in height. At street inters,-ctions, no such a urtenance shall exceed two (2) feet in height measured from curb height within the z:sngle bounded by the right- of-way lines and a connecting line drawn between poi thirty (30) feet distant from the intersection of the right-of-way line -s prolonged. 5. Trellis Open trellis and beam construction shall be permin.- .o attach the garage to the dwelling structure and may also exte::d from the dw•e -- to within three (3) feet of the side or rear property lines. In sic.- _yards, the rna>:.m-t height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot coverage; however, trellis areas shall not exceed 25 percent of the remaining o- space of a developed lot Trellis and beam construction shall be so designed as .D provide a minimum of 50 percent of the total trellis area as open space for the pe-- tion of light and air to the covered area rl�,53196.1553 / F3133I-M / 44925.27 I1 V r.� � 6 Architectural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend t-,vo and one-half (2'/z) feet into any front, side or rear yard setback. 7. Parkin A minimum of 2.0 parking spaces per unit sh— be required Guest parking shall be cluster with a minimum of two spaces per cluster. g. Maximum Site Area Coverage The maximum site coverage permitted shall be t,-rty (50) Percent of the net site area For purposes of this Planned Community, site coverage shall include all areas under foot but shall not include trellis areas. 9. Affordable Housing The developer will pro-ide 25 per cent of all tr-s above 38 as moderate Priced for sale units as defined by the City's Housing E I-ment. All in -lieu park fees, traffic improvement fees and noise wall fees for the affordable units and the previously approved 38 units will be %aived. 053196-1553 / F31331.002 / 44925.27 ' 12 SECTION VII - DETACHED RESIDENTLkUAREA 2 This area is intended to pro%ide residential housing and related community facilities. A. Uses Permitted 1. Single family dwellings. 2. Conventional subdivisions on a Planned Community, as defined in S, ----on N, Definitions. 3. Custom Lots. 4. Community recreational facilities. 5. Security gates and/or guard houses. 6. Temporary model complex and appurtenant uses. B. Development Standards Minimum Lot Size. The minimum lot size pernitted shall be 6.000 sq.ft. 2. Maximum Building Height_ All buildings in Areas 2 &: 8 shall not excwd a maximum ridge height of 3: y: or an average height of 32 feet. 3. Setbacks The follo«ing setbacks shall apply to all s�-uctures excluding garden walls or :--ces. a Front Yard A minimum setback of five (5) fe:t for the garage and a minimum r = (10) feet for the dwelling unit shall be maintained. This shall be measured back of curb, or in the event that side« a, , are constructed, from back of b. Side Yard Side yard setbacks shall be a min mum of five (5) feet. The Planeiaz rector may approve a zero side yard concept provided that a total of ten ( feet be provided on the opposite side yard. A zero side yard concept «ill not be _.lowed under a custom lot program. C. Rear Yard A minimum of ten (10) feet shall be maintained for the rear yards. d. Setbacks - Garages Two car garages mith direct access shall be setback from five (5) to s ti - (i) feet average or a minimum average of t-wenty (20) feet measured from bazk cf curb, or in the event that sidewalks are constructed from back of sidewalk. A-:^imum of eighteen (18) feet measured from back of curb, or in the event thy -walks 053195.1553 / F31331-002 144925-27 13 G1 \ are constructed, from back of sidewalk shall be pe.—,mr.--d with roll -up or other t) -pe garage doors arproved by the City Traffic EnE::-r. Additional garage spaces need not meet the above criteria. A minimum of Eve (5) feet for side -on garages shall be mai ^.ed. 4. Fences Hedges and Walls Fences shall be limited to a maximtun of eight (8) feet. exp within the front yard setback where fences, hedges and walls shall be limited to sir (6) f ---t %Wing Malls, where an extension of a residential or accessory structure is to be cons'--,xted may be eight (8) feet in height. At street inte:c-ctions, no such appurtenance shill exceed two (2) feet in height measured from curb height within the triangle bounded b%' the right-of-way lines and a connecting line drawn betwween points thirt}, (30) fe:: dis , from the intersection of the right -of -w -ay lines pre:`nged. Trellis Open trellis and loam const^_ction shall be permitted to at-rch _`.e ga.-aze to the dwelling structure and may also e\ -tend from the dwelling to withi:, th+te (3) feet of the side or rear property lines. In side -, .-ds, the maximum height sha ?1 be e:zht (8) feet. Trellis areas shall not be cons:wered in calculating lot area cover•::; hew ever, trellis areas shall not exceed 25 percent e: the remaining open space of a lot. Trellis and beam constructca shall be so designed as to pr:'•:de a Minirnum of 50 percent of the total trellis a_ --e3 as open space for the penetraticz of light and air to the covered area 6. Parking Parking for residential uses >all be in the form of not les - than _.:e: (:) parking spaces per dwelling unit. 7. Maximt3m Site Area Coveraze The maximum site area coverage for any residential lot call be :0 percent of such lot 8. Architectural Features Architectural features, such as but not limited to cornices. eaves, and wing walls may extend two and one half (2l) feet into any front, side or rear \_d setback. 053196-1553 / F31331-002 / 44925.27 14 SECTION VIII - CUSTOM LOT RESIDEN-TLA JAREA 5 This area is intended to provide residential housing and relawd community facilities. A. Uses Permitted 1. Single Family Dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section N, Definitions. 3. Custom Lot. 4. Community recreational facilities. 5. Temporary model complex and appurtenant uses. 6. Tennis Courts. B. Develorment Standards Minimum Lot Size. The minimum lot size permitted shall be 9.000 ;-,q.fL 2. Maximum Building Height. All buildings in Areas 5 & 8 shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. 3. Setbacks The following setbacks shall apply to all struc^,res excluding garden walls or fences. a. Front Yard A minimum setback of tw•enn- (20) feet for the dwelling unit shall be maintained. This shall be measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. b. Side Yard Side yard setbacks shall be a minimum of five (5) feet. C. Rear Yard A minimum of ten (10) feet shall be maintained for the rear yards. d. Setbacks - Garages Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are cons-sicted from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidew-alk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additioral garage spaces need not meet the above criteria_ A minimum of five (5) feet for side -on garages shall be maintained 053196-1553 / F31331-002 / "M-27 G 15 1 .3. Fences. Hedges and Walls Fences, with the exception of tennis courts. shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet Ring walls, \,..here an extension of a residential or accessory structure is to be concocted may be eight (8) feet in height At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height within the triangle bounded by the right-of-way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right-of-way lines prolonged 5. Trellis Open trellis and beam consuuction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear pro, erty lines. In side yards, the maximu*n height shall be eight (8) feet. Trellis _eas shall not be considered in calculating lot area coverage; however, trellis areas shall net exceed 25 percent of the remaining open space of a developed lot Trellis E_md beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. Parking Parking for residential uses shall be in the form of not less than three (3) parking spaces per dwelling unit 7. ,%,1 i= Site Area Coverage The maximum site area coverage for any residential lot shall be 60 percent of such lot grc}vte-Aral Features Archite_- ral features, such as but not limited to cornices, eaves, and wing walls may extend two and one half (21,<-) feet into any front, side or rear yard setback. 9. Tennis Courts Tennis courts are allowed and may be within 3' of the rear and side property lines. The courts = permitted fencing up to 12' in height The courts lighting shall use 27' max height, square tubular and painted posts with 1000 watts metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such a way as to prevent light from shining directly on the adjacent residential properties and to insure that the lighting does not adversely affect night vehicular traffic along MacArthur Boule-vard. All tennis court lighting shall be subject to a use permit 0' 3196 1533 / F31331-002 /x192327 16 C.�. \ SEMON IX - ATTACHED / DETA=D RESEDENTIAL . ..... ..... .. PLANNINM.. AREA 4- kDF-FLNTFTONS.- Ile foUoitffij'&finitioni­ pph- to Planning Ariei 4­6hj. ........ ............ . ........ . ... ............... ."Access......Ve ave, ..idn.-c u those ousted -dIn-g...... i 06- , r " n" n taud by; coirurnu ty which 'provides front, side; orrear,amew:0 one.-Or:Mm residential lots.' AnAccess 'Drive, is nota Private Street as tbaitern ........ Regutawns_ Dns F�wM'.ona'residenU lot are. not Access DAV 7 ........ ... . ... ... ... .... .. ........ Access nn**v`e***- refers to an Acctss; DmWhich is i�gr as the ....... ... .... means of access to a resideftial lot..::... . ........ .. -.1-1 ........... ..... % ....... ess - rive re to an' 'A ....... .............. 'a residue A"Rear A cc D coass Drive w mvi access o, . . ........ ............. . .. ............. lot fr6n the re-- of the 16 . t 2. "Cluster U. -ft D-z%-IIoPme'nt" ref's to . a combinatiorn cr arrangement of attached or detached dweling's and their accessary structures on con::*guous or related buikfirig sites . ... ............... ....... ... ... . .... .... .......... where'. open S�: 1-13"s i� PriVate Nkid�n a pS Iarelaaamg ...Area 'or Li ? combime-A into more desir—able arrangements, greenr'-elts, or. o= -paces and ........ ... :: ....... .... - L-idivid-da! residential. lots have less square fivage thin the i.equired mininiurn U. size for dx, Planning ning Aica or Sulmrea, IYA tb-- numbef.: of. m' resi4ential, units perrnined Ntiithinlhe Planning Area or Subarea does not'exceed the Maximu . =bcr of units for that Planni n . g Area or Sub.,z-,z as's.Umm'in the Statisti64. ................ .......... . ..... .. ............. .............. - ...... Analysis. -..... P, � ... ..... 3. driven 0ri. NMsio,n on a larmed.. Cormmty Cc-ncept rdlers to a convenfi suMilision of dc-tached dwellings and their accessory sm=tzes on ffidi-,idual lotsAiiere. .. .................. . ........... ................. . ......... •the lot of some ihdh-fdi� residential lots =-y be'Ie's's than the T*644f�4 mfiihn= for the Plannir-- Arm or Subarea, but the'.'av'wage lot SiZC for ;all res,dmt'tet lots N'dia thequals Planning ...A.rea or S il...a. .ea:% oT exceeds `fie ...... reqii rmi— uffi lot size and ... ............... ........ ............ ided f tli& event or iAIz,a* lion o the ozerall oven s= areas are or ,hmc-- yroN .......... ....... . ..... ......... Oeyelo7en 4. ag:. :16%an AQ- ...... earame, = VC Kluch 2 tho tiln8 Uapp ... extended' drive isjL;;6d and."..fiffic-6on of an**".*. S to Fczi&:access :to Mm or mane residential units from a Nate Sit or Access Driver 053196-1553 1 F31331-002 / "925.27 17 20e� r—, "Setbacl n refers to the��ii in rnum cis scz between a su utc" a on a lot ane' the' closer o 'propem� bank of an adjacent s:d: titiall�, and (iii) � back Of.an adjacent curbs Where the DeN_I m .;r Stalds contained in Swtion D below a different . ,for the me -a zcm- t of a "s: tbarlc," the ....�.ar,,. d set* forth' �n ......:.:. ... Section D shall control 05319&1:53 1 F31331 -M 144925.27 p `kv l0 a B, Statistical Amah-sis for Plaonino Area 4 1� 5*' 4S� hiaz 7 -re lnmiber of acres refected in this column represents t1w rn- 1mum That cari be uwluded 14'thin o7 cif Subarea Subarea balu&arks are intended to be fob. ble )t•tthin the m=vnvm acreages .:. ...... ......... :............. id r : ied \ote: 77w statistics set forth for P1anring .`rea 4 and its Sub rs a intended to pror vide fexibt7ity? for allocation of residential units betxeer. tre S76arQar and to refect minor" advumiments ofSubmeA bouraLrias on subdll cion n7aos recorded as delielopmers progresses 772e ', Maxim m Di}" colu»ti. . ref, a madmum r•umber of 450 resider�.rial units for Residz=*al Area 4, ez�n though the sutn of the ".14mam rm DU"for the ind7vidual Su -areas is mvr-h grew:er than 450Thfs.alknvS forflexlbt7ily in assigning units w tldn the Subareas white maintaining an oti•erall capon the total number of arms allow -ed within Phvvi.ng Area 4. 053195.1553 / F31331-002 / "M.27 r�� 19 I iammum Gross ::. jt�azimn m Subareas .. Acres .. DU 4A ..:. 3 19 4C 1l `';40 4I3 2b :::::'I19 4E ?? 14(i 1� 5*' 4S� hiaz 7 -re lnmiber of acres refected in this column represents t1w rn- 1mum That cari be uwluded 14'thin o7 cif Subarea Subarea balu&arks are intended to be fob. ble )t•tthin the m=vnvm acreages .:. ...... ......... :............. id r : ied \ote: 77w statistics set forth for P1anring .`rea 4 and its Sub rs a intended to pror vide fexibt7ity? for allocation of residential units betxeer. tre S76arQar and to refect minor" advumiments ofSubmeA bouraLrias on subdll cion n7aos recorded as delielopmers progresses 772e ', Maxim m Di}" colu»ti. . ref, a madmum r•umber of 450 resider�.rial units for Residz=*al Area 4, ez�n though the sutn of the ".14mam rm DU"for the ind7vidual Su -areas is mvr-h grew:er than 450Thfs.alknvS forflexlbt7ily in assigning units w tldn the Subareas white maintaining an oti•erall capon the total number of arms allow -ed within Phvvi.ng Area 4. 053195.1553 / F31331-002 / "M.27 r�� 19 C. area 4 is intended to pro%ide residential housing and related community facilities. 1. Single-family detached subdi,,isions, subject to approval of a Parking Plan (see Section Q-9) C.10 and Landscaping Plan, if required (see Section &.1-21) 2. Custom lot sales and custom homes. 3. Temporary model complexes and appurtenant uses. 4. Signs (as provided in Section )G of this Planned Community Text). 5. Tennis courts, subject to the pro-,isions of Section -EK-.G4-G-. DX* "o 0 on subject ' the in Tecrea�fo I! t 6. CO 131. fac"':t-t.O._.. _P 7. Uses Permitted Subject to Site Plan Re%Jew (see See. Q) Section a...'�­'.­ In S6�-4A­ attached subdivisions. only, sin.g.e in Subarea AA,r De.w. opments.- ..... -clusUnit -- te * i . . . . ...... ........ .... ..... .......... ons Conventional S6 . .... .... 4Ak. 4B 4C and c.:...* In Subareas........... ......... ... ...... Community Concept, d. Entry guard houses and gates. D. Development Standards 1. Minimum Lot Size on a Planned Other. than Cluster Developments ....... ....... Unit 6d conwi�ional SubdW6 CoIIirntmrty Concept for baU mm1mum sizes s (wI�e'*D­='iited subject plan reser), lot . .. ..................... ................... I � 3,000 square feet U S ��AA: . . ........ . ......... 2. Maximum Heip-ht Limits a- All buildings in Subareas 4.A, 4B, 4D, and 4E shall not exceed a maximum ridge height of 37 feet, %%ith an average roof height not to exceed 32 feet. b. All buildings in area 4C shall not exceed a maximum ridge height of twenty-eight (28) feet, with the average height not to exceed twenty-seven (27) feet C. Chimneys and vents shall be permitted as set forth in the Municipal Code. 3. Setbacks from Public Streets (i.e., Jamboree Road and Ford Road) A minimum setback of fifteen (15) feet shall apply to all s=ctures other than garages adjacent to public streets-, except that balconies and patios may encroach six (6) feet in the required setback. Architectural features such as but not limited to cornices, eaN-m and �tiingA­alls may extend hyo and one-half (2.�) feet into the required setback from a public street. Setbacks shall be measured from the ultimate right-of-way he. 4. Setbacks from Other Prorertv Lines and Structures Except : shed 11l6ugh the Citkls Modifi�6n process, se .................... from other property and strucnzes shall be: ....... ­........... ...... ....... ..... .. . ... .... .......... - a. Front*-,,a*rd. Tri S-_,berea. 4A, a minimum front yard setback of five (5) feet shall .. .......... . ...... be required. Tl�s setbaek sha,� be nieas—_-ed ffem &-.e ba:ek- er' eti-b ef L9 the e�-efit 4w# sidewagis are eeiri:�._cted, f'farn back ef side,vag In Subareas 4B, 4C, 4D,:'. . 1M .. ........ ........ ..... 4E :-a- minimum front N-ard se:z of ten (10) fe-- shall be required f6rt1he"M': ... am" . . ........ dvotfl* ng attached or detacbed garages). Stde Yazd setbacks for atich�°�1 garages ...."d ...... es3t y urtn the front half ............... �.­ ........ lot shall b6'a' -n,'u'* =*u' M** of fine . ....... .. .... 053196-1553 / F31331-002 / 44925.27 IN � 21 fa lot shall be Side }and ktbacis for garages...... brat . 4� prim Ay m- 1h "e 'iezi InIf 0 f three (3) feet for the first floor Of the structure and fi% fedi for. a ME== r= lot in order to access 'the Second floor.- Wl:km garages are located the of a. TIC111 gFag� a Rear Acc=.,l)riV'C",*h"o, side yard setback sll;�ffl be:I I.F. lots, ..... �--­ ............ .. ................ # I.F. ...... .... adjoining lots, e. Detached garage separation. Detached garages shall be separated from main residential structures a minimum of six (6) feet measured from face of finished wall to face of finished wall. _Garages. Garages shall be set back from duee (3) to seven (7) feet, or a minimum of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk- A minimum of eighteen (18) feet measured from back of curb, or in the event that siowalks ware constructed, from back of sidewalk shall be permitted with roll -up orther gem-agge door 1�Tes approved by the City Traffic Engineer. .. ......... ....... .. ..... ... .. .. ... accessed by a Rear..:. . ....Access-Djjyc�- 11�: ..garage.. �ball...be sa bat CUTb & tb&.fl6 irld 0 a rolled.... PFS Pf M ....... o' 2 196-1553 / F31331-002 / 4492517 22 1A Side -entry garages st-r 11 maintain a minim= front setback of five (5) feet measured from back of curb, or in the event th= sidewalks are constructed, from back of sidewalk. Architectural features. .Architectural features such as, but not limited to, cornices, eaves, and wingwalls may extend tw*o and one-half (2'/z) feet into any front, side or rear yard setback, provided that such architectural features shall not project any closer than two (2) feet from any property line. h. Fireplaces and chimne-,-s. Placement of fireplaces and chimneys shall comply with the requirements of the Zoning Code. Thmugli t}ie Cm's standard ;V.Lc ifignorfprocess, sea,. -Ks rn3y „ � or Teal locate betKen3joiating propetttes t. accommad design pt--ch-1q=,AxiI maiim,7P tli USC of private spaces %Nithout c..ating undesh-able spazal reladonships bet`veen st:iVCft s onotrsns. �J :.:....:g pro:. Pie ni......._,; Fences. Hedees and H'`'alls Fences shall be limited to a maximum height of eight (8) feet, except within the front yard setback where fences, he-zges and walls shall be Limited to six 6) feet. Wing «ails, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At �reet-to=street inte:se moons, no such appurtenance shall ::. :.:: exceed two (2) feet in height ed ff -b h _ -h- . if it is located within the triangle >,e ,yea by the fight „f „-,. • —'-9e a form`<ci by (i) tl;e iraer�.--ting Rhes Iocaied.fiz feet behL-A and p: ra] lcl to the curb of each of the int--mcting streets an -d (u) a connecting line drawn bet�-een those pai zs of these ' :lig located thirty (30) feet distant from the interstion of the right of irters`c^.i: lines. :fit street-ta�cces xs Dir -nm int sechoris, ho such appillie_ a= shall each tea (2) feet in hei Ont measuied from curb height within the triangles bounded by fatie cf eizb lnes and a eonnecting lire drawn been points menty C'0) feet dist from ~: inters--ction ofthz prolonged face of curb lines. , 6. Trellises Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property line. In side ya_-ds, the maximum height shall be eight (8)feet-ten (lt few: i r . r _ ., -� .,epen s=paee let - 053196 -1553 / F31331-002 / 14M17 23 X 7. Private Stree Rear Access Drive. and Flap, Lot Driveway Standards Pvate`Streets Access Dnyes within residential development shall be a minimum o feet in width with parking allowed on s'idefi ene—ode: a. six (36} `. —rr ay. a N•. x*l -. - a2o--iia or. o= side" aid b. too 3? fwt in �tii�:�b ti z p.. _ . .......... >........... c- Twenty-eight {28} feet in Width vith par on neriher lade: :.::.::.:.. feed for Primary A� Dn-vim sen�ing no more than 1 w'e g d T«ent�=six {'� ... .... ........ ................. units. feet for Primes access Drives, including iat. Drivewa}•s f. Sixieen {16) g s� no more than 2 dw'eliing units. d; Puna}%.Access Drives of 20 or 16 feet as pro,,ided for -4e above shall be increased ..:.::::..::...... to a minimum width of 26 feet if sening a common parking area. tumodLs sh.11 be indtx w=thea the calctiIaiton of z s e The ezdth of par......:...:........::. ��'idths. Unless otherwise defined in this text, private streets shall be designed ui compliance with the primate street standards of the City of Newport Beach. . Rt ar Access Dines shall be a minimum of tKrni..• 0531961553 / F31331.002 14492517 24 �O r� 8. Site Distance Requirements Residential development shall be designed to pro%id.- a l ;,,:as.e sight distance (25 MPH at the intersection of all private streets and I7r;%-es, and along curves unless otherv-ise approved by the City Traffic En gin 9. Parking Plan Each tentative subdivision map that would crea:,e legal building sites shall be accompanied by a parking plan demonstrating compliance with the following standards: a. Single -Family Detached Parking RMuiremens A minimum of tmvo (2) garage parking spa`es s all be prodded per detach dK .9 unit. In addition, guest parr s= ].l be pro-,ided within the de%',elopment at a minimum rate of ttivo (2) s ej per unit. Guest parking may ...................... be prodded on street, in parking bays, e: on d :ve:, ay _r: ens dm�e—i — (minimum 20 feet in depth] or 18 feet w r 1 ;z g31 e d.�:-s are ov'*d , in a manner acceptable to the City Traffic E l*.- . A rna.\imum of one of the guest spaces may be provided on the drive«zy. A reduction in the guest parking requirement may be considered subject to of a finding by the Planning Commission that the reduced parking ratio vUl not cause an adverse impact on the community. b. Condominiums and To%vnhomes Dy.-ei}ing Ached diN7.011hig units less than o: ee;,.:al to 1500 square feet shall provide a minimum of 2 parking spaces per u_:�n. including one covered space. In addition, guest parking shall be prodded at a m:.iaimum r --:e of 0.5 space per unit. Guest parking may be prodded on street in F.:.'-�:: _ bays, or on tis driv iN� (minimum 20 feet in depth or 18 :get where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. A maximum of fifty percent (50410) of the guest spaces may be prodded on drye,,vays. 13,rellin Afiached dw,,,ling units greater than- 1:00 square feet shall provide a ....:..:..................... minimum of 2 covered spaces per unit In a.2iition, guest parking shall be provided at a minimum rate of one (1) space unit. Guest parking may lie provided on street, in parking bays, or on d--iN-e,.,.:e�- epfe drivewi�i (minimum 20 feet in depth or 18 feet where roll up gara_e doors are pro,,ided), in a manner acceptable to the City Traffic Engineer. A n^`vmum of fifty percent (50%) of the guest spaces may be provided on drive"—a—,—s. 2 05319&1553 / F3133 1-002 / 44 92527 25 C. Parkirll? Space Placement and Dimensions . :............. ....... The Subject to the pro,,-isions of a Development for P Arca 4 the size- and placement of all parking spaces and areas shall be as specified by the residential parking standards contained in the Newport Beach Municipal Code, Standard Pians 805 -L-A and 805 -L -B, and Council Policy L-2 unless otherwise approved by the City Traffic Engineer. 10. Maximum Site Area Coverage 11. Tennis Courts Tennis courts are alloNved and may be within three feet (3') of the rear and side property lines. The courts are permitted fencing up to 12' in height. The courts' lighting shall use 27' max height, square tubular and painted posts «ith 1,000 watt metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such a to yas to prevent insure that the light from shining directly on the adjacent residentialproperties lighting does not adversely affect night vehicular traffic along Jamboree Road or Ford Road. All tennis court lighting shall be subject to a use permit. 12. La*idsca i Plan Each tentative subdivision map that %vould create legal building sites and which contains a common area abutting an existing residential development outside Planning Area 4 shall be accompanied by a landscaping plan for that common area, drawn to scale, shoeing the locations of existing trees proposed to be removed and proposed to be retained, and indicating the amount type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation . The plan shall be designed so as to create a suitable buffer between the existing residential area and the new development_ ......... .... .... . E. Site Plan Retietiti� ::...::........................ . cued only for a �arido�; Site Plan RetiicvrrnaS be req T....F°P'^sa........... A.......:..:... viuch carzsists a or in. a 053196-1553 / F31331-002 144925.27 26 The purpose of this section is to establish a Site Plan Review procedure to ensure that the project conforms to the objectives of the General Plan as well as the requirements and development standards contained in these-D1`ned Genunun:iP. Dis, et no,..,t..6e.,. Regulattons: Thi Sne Plant Ret-ievv shall '6� intol _pro��ans of.any. ............. . De-veiapmeni Agreement for Planning Area. 4. 2. Findings, The Site Plan Review procedures contained in this section are intended to promote the health, safety and general welfare of the community according to the Site Plan Review Findings set forth in the Zoning Code. Application `When required Site Plan Review approval shall be obtained prior to or concurrent with the approval of any tentative subd.iNision map &l a.t -would create leEal residential building sites, or prior to issuance of a building per.—.it for non-residential structures (e.g., recreation facilities and entry guard gates). 4. Plans and Dia>arns to be Submitted The following plans and diagrams shall be submined to the Planning Commission for approval: a. Plot plan. A plot plan, drawn to scale. showing the arrangement of buildings, driveways, pedestrian ways, off-street p --king, landscaped areas, signs, fences and sidewalks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parlang areas, the location of each parking space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how u" --utilities and drainage are to be prodded. b. Landscape plan. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed a. -id proposed to be retained, and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. C. Grading plan. A grading plan to ensure development properly related to the site and to surrounding properties and structures. 053196-1553 / F31331 -M 14192517 \%tD 27 01. IN NO - b. Landscape plan. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed a. -id proposed to be retained, and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. C. Grading plan. A grading plan to ensure development properly related to the site and to surrounding properties and structures. 053196-1553 / F31331 -M 14192517 \%tD 27 d. Exterior I�ightin �E��. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. e. parking plan. A parking plan demonstrating compliance with the requirements contained in Section E9 C.10, above. f. Noise _attenuafion. For subdivisions abutting Jamboree Road or Ford Road evidence demonstrating compliance with applicable noise attenuation requirements. 9- Any other plans, diagrams, drawings or additional information determined by the Planning Director to be necessary to adequately consider the proposed development and to determine compliance N,,ith applicable policies and standards. Application Fees Plan " ed The applicant shall pay a-f�� d-Ie­stiqdard Citywi& Site P LnRevriew ee establish . ... ..... by Resolution of the 6y Council ',Aith each ... application for Site Plan Review. 6. Notice and Hearing Procedures. Procedures regarding public hearing notification and Planning Commission and City Council actions shall be as provided for Site Plan Review in the Zoning Code. .. ............... ....... m; S'66tims'D3 A modification Of s level opmnt . ...... DS, ..... ....... dirr— maybe obtained fliibujzh� the , ty S standard Mo --on . ............. ............... ... ... ........ G. Subdivision hfs Pioeess of "ell c,,.-tam&d in Secti DI and D7 may.. c=on in development ons b6 A M6&B t to 1116. City's'��::standard subdiNision r--ap obtained: oiigh,�.40!. :-............... Act and appifcable City. ordunacues ............. FU PC T Amendments 053194.15531 F31331-002 / 44M17 28 SECTION X - COD-LN-RJNM RECRF-AUONAL- FACILMES ....... .. .. . ..... .... ... .. A. Uses Permitted playgrounds, on..areas, re= f36H....... .... r..o..pen g=n areas, related faciEties. .... ........ ................... .......... ................. ....... ccessory... e--ai -&b� and M'C1'dEh'W- uses-i ....... =-I , . J& •C - I bbou"Sies . Cmchiding kitchms) Tb .. eerooms . .'.. I. Ms: courm s%kM : nMM : g ................... . ................. ...... .......... a:14kr" M�S. peat, resents I e I ests-only food, bnTrag and wile. s ---vices. Subject to *a use sli— ... . . . . ......... .. ....... .... ... . .......... ..... . ..... ... . ...... ..... ..... . B. Development Standards Building Height The maximum building height shall be V,vent)--eight thL �L� '(337) feet as defined by the Zoning Code. Towers or architectural features greater than LL Irty-a.ven - (37) feet but not exceeding sixty (60) feet in height may be permitted subject to a;: ,oval of a Use Permit 2. Building Setbacks Fifteen (15) feet minimum from any residential property fine and ten (10) feet minimum from an), street measured from back of curb, or from back of siidewLk where sidewalks are proNided. 3, -Pain i One parking space shall be pro-6ded for every 200 feet of a desimix as a dubor meeting room On street parm adv -----it to the faclliaimwv.be used to. ......... . ........... meet oris requirement ................... : ................. 053196.1553 / F3 1331-002 144925.27 n 29 1 --AZ cTr�•c/�rcmrt�'T�=� AREAS 11 2, 4, 51 69 79 8 SECTION Xi - -��- A. Permanent Signs 1. tifiscellaneous Dire ctionaUlnf':-rnational Sins DirectionayInformational Si -=-S, such as but not limited to "right tum only", "exit", "entrance", "tennis courts", er-c., shall be permitted Said signs shall be kept to a minimum and shall be designed as a coordinated part of the overall project Each sign shall not exceed ten (10) squ=�-e feet of sign area. 2. Primary Identification Signs One double-faced sign or VA -0 single -faced signs at the m.i: entrances to each residential area shall be permitted. Saic sign shall not exceed a heist of four (4) feet above the grade or surface to which atta,:.hed, nor shall said sign exceed an area of thirty-five (35) square feet per face. Said sip may be internally or ex:e::.slly lighted. The information listed on the sign shall be li=.`d to: a. Village name b. Project name C. Facilities identification B. Tern por l -v Signs (Prior to and during construction) 1. Future Facilitv Signs A sign which informs the vie-jver, through graphic s;ml-+ol and verbal reinforcements, of the type of facility planned fesc-_ the site. r(see For Plann'g Area 4, a minlmurn of ::�a double-faced fuuire int}' starts i4 -17i lie atlowed. One � face Jamboree Rid � c�-te nay farce Ford Raasi. 2. Merchandising Signs A sign which informs the vie xer, through graphic symbol and verbal reinforcement, of the facility name, opening da--.- type of occupancy, owner, eveloper, and phone number for sales information. Planning Area4 a m+mum of ttiva &6b e� ou ed. 4rie may face Jambee Raad and nue rna}�.� l 053196-1553 / F31331-002 / 1.192527 30 Recording Requested By and When Recorded Return to: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach. CA 92660 050996-10011 F31331 -0C:! 1S776.21 FIRST A.IIENDED DEVELOP\fE_\"T AGREEMENT BET N -EF -N THE CITY OF NEWPORT BEACH AND PACIFIC BAY HOMES Original Agreement Approved July 24. 1"95 Ordinance No. 95-27 Amendment Approved , 1996 Ordinance No. 96 - Submitted By: Panne Callahan \icHolm & Winton 19100 Von %arman Avenue 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 �G� moi' FIRST A'\fEED DEVELOPMENT AGREEMENT T fUS FIRST klIENDED DEVELOP-NM—NT AGREENMNT (the "Agreement") is entered into between the City of Newport Beach (the 'City"), and Pacific Bay Homes, a California corporation and a subsidiary of the Ford Motor Company. I. RECITALS. This Agreement relates to the following: 1.1 Ori 'Anal Agreement. on July 10, 1995, the City Council of the City approved the "Development Agreement between the City of Newport Beach and Ford .Motor Land Development Corporation" (the "Original Agreement"). The Original Agreement was recorded in the official records of the County of Orange on September 26, 1995. 1.2 Ox-nershia Status. At the time of the Original Agreement, Ford .Motor Land Development Corporation ("Ford Land ") held an equitable interest in the property which is described in Exhibit A (the "Property "). Ford Land is a subsidiary of Ford .lfotor Company. In April 1996, The Jti1 Development Company ("Jill"), also a subsidiary of Ford, acquired fee title to the Property. Since the acquisition, Jill has changed its name to Pacific Bay Homo- Pacific omoPacific Bay Homes shall be referred to within this Agreement as "Ford. " 1.3 Planning Stetrrs. The City Council conducted public hearings on these matters and the Original Agreement and certified the EIR on July 10, 1995. The General Plan Amendment (see Section 2.22 below), the Original PC Text Amendments (see Section 2.29 below), the Tentative .Map (see Section 2.34 below), and the Original Agreement were approved on July 10. 1995. Since the approval of the Original Agreement, site planning has continued for the Property. As a result of that planning, Ford has proposed certain changes to the Planned Community District Regulations (the "PC Text ") which also will result in changes to the Tentative Asap. In addition to the stated purposes of the Original Agreement, this Agreement intends to make those modifications to the Original Agreement which will allow the development of the Property (the "Project") to proceed consistent with approved modifications to the PC Text and the Tentative Map. 1.4 General Findings. By approving this Agreement, the City Council finds that the modifications to the PC Text and this Agreement, when implemented through subsequent entitlement procedures, such as the subdivision mapping process, are consistent with the intent of the City Council in approving the Original Agreement. 1.5 CEQA Compliance. On July 10, 1995, the City Council certified Environmental Impact Report No. 153 for the Project (the "EIR "). Before approving this Agreement, an 050996.1001 / F3133I-= 115774-2) I ,� Addendum to the EIR was prepared and presented to the City Council and was approved by the City Council on . 1996. The Addendum establishes that neither PC Text modifications nor changes to the Original Agreement rill cause any significant environmental impects not previously considered and will not require any new mitigation measures. ?ate proposed modifccations represent minor technical changes to the Project. 1.6 Effect of Original Agreement. This Agreement is intended to modify the Original Agreement. The provisions of this Agreement which modify the Original Agreement are the only provisions intended to be modified. The use of a single document called an "amended agreement, " rather than the use of a list of modifications or amendments to be used in comparison to the Original Agreement, is intended to simplify future reference to this Agreement. The Effective Dale of this Agreement remains the original Effective Date of the Original Agreement, August 23, 1995. The Approval Dale remains July 10, 1995. 1.7 Effective Date o0fodiflcations. The provisions of this Agreement which represent actual changes from the Original Agreement shall become effective on the effective dale of the ordinance approving this Agreement. 1.8 Purpose of Agreerr:nt. This Agreement restates the intent of the Original Agreement as follows: a. Provide for the orderly transition of the land use on a propzrty commonly known as the "Loral Site" from commercial/industrial uses to less intense residential uses. b. Establish the parameters of building height, density. legation. and timing to minimize, to the extent reasonably feasible, any significant adverse impacts of Ford's proposed residential development on the environment. C. Provide th-. City with greater certainty that the project will be implemented as presently planned so that the City will receive tl�e subsantial economic benefits projected by the project's fiscal impact study. d. Provide pub:;c benefits to the City in excess of normal mitigation requirements in the form of (1) substantial financial assistance from Ford in resolving a long-standing traffic circulation issue in the Eastbluff community, (') financing by Ford of extraordinary environmental monitoring of site remediation. and (3) the provision of assurances by Ford with respect to the funding andlor provision of affordable housing units within the Citv. 1.9 Authorization. This Agreement is authorized by, and is consistent with, the provisions of 65864 et seq. of the Government Code of the State of California. and Chapter 15.45 of the Newport Beach Municipal Code. 050"6-1QC1 / F31331 -M / 15774.21 2 \ 1.10 Interest of Ford. Ford is the legal owner of approximately 98.1 acres of real property loca' in the City and more particularly described in Exhibit "A" (the "Property"). 1.11 Development of the Property. Subject to those conditions and mitigation measures identifies in Environmental Impact Report No. 153 for Ford Land Newport (the "EIR") which were imposed by the City Council as conditions to approval of all or part of the Development Plan, this Agreement authorizes development on the Property consistent with the Development Plan. 1.12 Condition of Site. At the time of the Original Agreement, the Property was occupied by buildings constructed over the last thirty years to house research, design, and industrial types of uses. Since the Approval Dale and as part of the Development Plan, Ford has demolished the existing structures. Additionally, prior activities on the site have resulted in soil and groundwater contamination. Efforts to remediate these conditions, which would have been made by Ford with or without this Agreement, have moved substantially and positively form•ard since the Approval Date. 1.13 Project Benefits. While the landowner has the right to continue the presently permitted uses on the Property, existing circumstances present the City with the opportunity to establish, with the landowner's cooperation, new economically and environmentally viable uses on the Property. The proposed project presents a relatively unique opportunity to reduce the intensity of land uses occurring on the site. The EIR has demonstrated that the conversion of the existing research and development uses on the Property to residential uses will pro\-' substantial benefits to the community through the improvement of environmental condi th related to traffic, air pollution, the potential for groundwater pollution, the consumption of non-renewable energy resources, and noise. Additionally, a review of the fiscal impacts of the proposed project indicates that the City will derive increased revenues from property and sales tax as a result of the proposed project. 1.14 Planning Commission/City Council Hearings• This APr eement. The Planning Commission, after giving appropriate notice, held public hearings to consider this Agreement and the newly proposed PC Text amendments (see Section 2.29 below) on , 1996. The City Council conducted public hearings on the proposed PC Text amendments and this Agreement on 1996. 1.15 Consistency. Like the Original Agreement, this Agreement is consistent with the various elements of the Newport Beach General Plan, the Development Plan, and other applicable ordinances, plans, and policies of the City. Also like the Original Agreement, this Agreement is also consistent with the purpose and intent of state and local laws authorizing development agreements in that it represents Ford's commitment to comprehensive planning, provides certainty in the approval of subsequent projects subject to compliance with conditions, reduces the economic costs of development by providing assurance to Ford that it may proceed with projects in accordance with existing regulations, and provides assurance 050996-1001/ F31331.OMI 1577 .21 3 _� to adjoining property owners that limits on the height of structures and amount of development as specified in the Development Plan. 1.16 Police Power. As it did with the Original Agreement, the City Council has determined that this Agreement is in the best interests of the health, safety and general welfare of the City, its residents and the public, ix -as entered into pursuant to, and represents a valid exercise of, the City's police power, and has been approved in accordance with the provisions of state and local law that establish procedures for the approval of development agreements. 1.17 City Ordinance. On July 10, 1995, the City Council approved the Original Agreement and conducted the first reading of Ordinance No. 95-27 approving and authorizing the City to enter into the Original Agreement. On July 24, 1995, the City Council completed adoption of the Adopting Ordinance. The Adopting Ordinance became effective on August 23, 1995. On 1996, the Cihy Council approved this Agreement and conducted the first reading of Ordinance No. 96-_ approti�ing and authorizing the City to enter into this Agreement. On 1996, the City Council completed adoption of this ordinance. 2. DEFLNITIOM. 2.1 The "Adopting Ordinance" refers to City Ordinance No. 95-27 adopted by the City Council on July 24, 1995, authorizing the City to enter into this Agreement. 2.2 "Agreement" refers to this "First Amended Development Agreement Between the CYty of Newport Beach and Pacific Bay Homes. " The Agreement is also identified by the City as the City's Development Agreement No. 8. 2.3 "Annual Review" refers to the review of Ford's good faith compliance with this Agreement as set forth in Section 6. 2.4 The "Approval Date" means July 10, 1995, the date on which the City Council voted to approve the Original Agreement and the prior Development Plan. 2.5 All forms of use of the verb "assign" and the nouns "assi nment" and "assignee" shall include A contexts of hypothecations. sales. conveyances, transfers, leases, and assignments. 2.6 "CEOA" and the "CEOA Guidelines" refers to the California Environmental Quality Act and the CEQA Guideline promulgated by the Secretary of Resources of the State of California. 2.7 "City" refers to the City of Newport Beach, California. 050996-1001 / F3133I-= / 15771.21 4 \� 2.8 "Council" refers to the City Council of the City. 2.9 "Cure Period" refers to the period of time during which a Default may be cured pursuant to Section 9. 2.10 A "day" or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" refers to any material default, breach, or violation of the provisions of this Agreement. A "City Default" refers to a Default by the City, while a "Ford Default" refers to a default by Ford. 2.12 "Development Permit" means building permits, grading permits and other permits authorizing construction activity. 2.13 The "Development Plan" refers to (i) the General Plan (see Section 2.24), (ii) the PC Text (see Section 2.29), and (iii) the Tentative '\lap (see Section 2.33 below). 2.14 The "Effective Date" refers to the effective date of the Adopting Ordinance and is the effective date of this Agreement. The Effective Date is August 23, 1995. 2.15 The "EIR" refers to Environmental Impact Report No. 153 of the City of Newport Beach. 2.16 An "Estoppel Certificate" refers to the document certifying the status of this Agreerr( required by Section 6.6 in the form of Exhibit "D". 2.17 An "Exhibit" refers to an exhibit to this Agreement. All Exhibits are incorporated as a substantive part of this Agreement. The Exhibits to this Agreement are: Exhibit A: Legal Description of the Property Exhibit B: Map of the Property Exhibit C: List of Project Conditions Exhibit D: Estoppel Certificate 2.18 "Existing General Regulations" means those General Regulations approved by the City on or before the Approval Date (irrespective of their effective date) and not rescinded or superseded by City action taken on or before the Approval Date. 2.19 Financing District. "Financing District" for purposes of this Agreement means any assessment district, special district, community facilities district, maintenance district, or other similar district, legal entity, or mechanism formed pursuant to the provisions of legislation in effect at the time the Financing District is formed. The purpose of a Financing District is to finance the cost of public improvements, facilities, maintenance, or services. D!C996-1001 ! F31331-002 / 1577411 M Examples include districts formed under the Municipal Improvement Acts of 1911 and 1913 and the Mello -Roos Community Facilities District Act of 1982. 2.20 "Ford" refers to Pacific Bay Homes. a subsidiary of Ford Afotor Company. 2.21 "Future General Regulations" means those General Regulations (see Section 2.23 below) adopted by the City after the Approval Date. 2.22 The "General Plan Amendment" means GPA -93-2(A) amending the general plan of the City as approved by the City Council on July 10, 1995. 2.23 "General Regulations" means those ordinan:es, rules, regulations, policies, and guidelines of the City, which are generally applicable to the use of land and'or construction within the City and include, the Fair Share Traffic Contribution Fee Ordinance, Uniform Building Codes and water and sewer connection and fee ordinances. 2.24 "General Plan" refers to the City's General Plan in effect on the Approval Date, plus all amendments to the General Plan adopted by the City on or before the Approval Date as part of the Development Plan. "General Plan"clso shall include any general plan amendments affecting the Property or the Project which are adopted by the City and consented to, in writing, by Font. 2.25 "Includes" and all contexts and forms of the words "includes" and "including" shall be interpreted to also state "but not limited to." 2.26 "Mortguee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale-leaseback agreement, or other transaction under which all or a portion of the Property, including those portions acquired by assigrres, is used as security (a "Mortgage") or the owner of any interest in all or any portion of the Property under a Mortgage, including those portions acquired by assignees. 2.27 "Notice" refers to any written notice or demand between the Parties required or permitted by this Agreement. 2.28 The "Original Agreement" refers to the Dei-clopment Agreement for the Project which was approved on July 10, 1995, and recorded on September 26, 1995. This Agreement modifies the Original Agreement. 2.29 The "Original PC Text Amendment" refers only to the "Aeronutmnie Ford Planned Community District Regulation" as amended by the City Council on July 10, 1995. 2.30 The "Parties" refers to the City and Ford and a "Pam" shall refer to either of the Parties. 05 0996- 1001 1 F31331 -M / 15774.21 2.31 The "PC Text" refers to the "Aeronutronic Ford Planned Community District Regulatiq-" as amended by the City Council on July 10, 1995, with the approval of Amendment No. 8 and all subsequent modifications of the PC Text which are approved by the City Council and Ford. 2.32 "Planning Commission" refers to the Planning Commission of the City. 2.33 The "Project" refers to the proposed development of the Property pursuant to the Development Plan and this Agreement. 2.34 The "Prooerty" refers to the real property described on Exhibit "A" and depicted on Exhibit "B." 2.35 The "Tentative 'I\IQ refers to the tentative tract map for Tract No. 14925 approved by the City Council on July 10, 1995, and any subdivision map approved by the City Council after the Approval Date which substantially conforms x•ith the PC Text at the time of the map's approval. If a subsequent subdivision map (or maps) replaces or supersedes 77M No. 14925, the new map(s) shall be considered the Tentative Map which is included within the Development Plan. 3. CON-I)MO\'S TO DE«LOPNfENT 3.1 Introduction. The provisions of this Section express the intent of the Parties regarding extent to which this Agreement vests Ford's right to proceed with the development described in the Development Plan. Ford acknowledges that its right to proceed with development described in the Development Plan is subject to numerous conditions including the following: (a) The specific limitations and restrictions contained in the Development Plan; (b) Conditions and mitigation measures imposed by the City Council to mitigate significant effects identified in the EIR: (c) Conditions imposed by the City as a result of subsequent or supplement environmental analysis pursuant to provisions of CEQA and the CEQA Guidelines; (d) Compliance with the terms and conditions specified in this Agreement; and (e) Compliance with the Existing General Regulations. 3.2 Compliance with Development Plan Conditionsfl%iitioation lAfeasures. Ford acknowledges that City Council approval of the Development Plan and this Agreement was subject to compliance with numerous conditions and mitigation measures designed to minimize or 050996-1001 I F?1331-OM I 15n4.21 7 eliminate the significant adverse effects of the Project and insure the health. safety, and welfare of nearby residents as well as residents of the proposed project. Pursuant to CEQA, many of these conditions and mitigation measures impose specific development standards and requirements to be implemented in conjunction with further study and analysis of site or subsurface conditions before certain specified development activity. In certain instances, these mitigation measures may exceed those which might otherwise be appropriate under "nexus" and"rough proportionality" tests. By entering into this Agreement, Ford agrees to be bound by and waives any protest any such project conditions. The conditions and mitigation measures adopted by the City Council are set forth in Exhibit C. 3.3 Compliance with General Regulations. Ford is required to comply with the Existing General Regulations. As to those Existing General Regulations which require the payment of fees, costs, and expenses, for a development application, the applicable fee, cost, or expense shall be that in effect on the date such an application is determined by the City to be complete. Ford shall also comply with any Future General Regulation that does not impair or affect its ability to develop the Property in accordance with the Development Plan. Ford shall also comply with all provisions of the Uniform Building Code, whether adopted before or after the Approval Date, which are in effect at the time applications for specific development permits are submitted. 3.4 Fater Capital Improvement Charges. Section 14.33.040 of the City's Nfunicipal Code provides for the payment of a "water capital improvement charge" for lands designated pursuant to Section 14.33.030 of the Municipal Code. Section 14.33.040 of the Municipal Code relates only to system facilities that will be needed to serve an "undeveloped area." Because the Project consists of replacement of an existing use on a previously developed site which can be adequately served from existing City water facilities, Ford shall not be required to pay water capital improvement fees to the City. 3.5 Public Health and Safetv/Uniform Codes. This Agreement shall not prevent the City from either (i) adopting Future General Regulations (including uniform codes which are based on recommendations of a multi -state professional organization and become applicable throughout City, such as, but not limited to. the Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code or Uniform Fire Code) or (ii) imposing conditions inconsistent with the Development Plan on future discretionary approvals, where such actions directly result from findings by the City that those actions are necessary to avoid consequences which are injurious or detrimental to the public health and safety. This resen•ation of authority is subject to the following: a. City shall neither (i) refuse to issue or approve any application or permit nor (ii) apply to the Project or the Property any conditions or Future General Regulytions if such action would prevent, preclude, delay, alter, or in any way affect (in a manner not satisfactory to Owner) the implementation of all or any portion of the Development 050996-1001 1 F3133I-O(r.1 13774.21 8 Plan until the City Council makes a finding that such action is the only reasona> necessary means to correct or avoid such injurious or detrimental condition. b. Any such action taken pursuant to this Section shall apply only to the extent and for the duration necessary to correct or avoid such injurious or detrimental condition. 3.6 Environmental Remediation. Certain portion(s) of the Property will require environmental remediation before occupancy. Subject to all other provisions of this Agreement, occupancy permits shall be issued by the City for those portions of the Property if Ford has complied with Mitigation Measures 4, 5, and 6 set forth in Section 3.10 (Public Health and Safety) of the EIR. 4. BENEFITS TO FORD. 4.1 Right to Develoa. During the term of this Agreement and subject to the provisions of S -.-tions 3 and 5, Ford shall have a vested right to develop and receive occupancy permits :or construction on the Property to the full extent pern,.itted by the Development Plan, including grading of the site as contemplated by the elevations shown on the Tentative Map, :..abject to: (a) compliance �x-ith CEQA, (b) the terms and conditions of this Agreement, (c) t:,e City's grading ordinance in effect on the Approval Date, and (d) compliance with conditions imposed on any subdivision map submitted by Ford subsequent to the Effective Date, provided that the City may only impose subdivision map conditions which are (i) --cessary to mitigate any significant adverse impact not identified in the EIR, (ii) necessa- to ensure compliance with the subdivision design and improvement standards of the Cita effect on the Approval Date, or (iii) necessary to make the findings required by the Subdivision >\lap Act. Subject to the provisions of this subsection and Sections 3 and 5, City ;hall only take action which complies with and is consistent with the Development Plan and this Agreement unless Ford otherwise consents in writing. City shall not impose any condition or requirement (whether in the form of a fee, t2 -x. requirement for dedication or reservation of land, or any other t}pe of exaction) on the Project, except as expressly permitted by this Agreement or required (as opposed to permitted) by state or federal law. 4.2 Conflicting 1Jeasures. Except as expressly provided in this agreement, no initiative measure. moratorium, referendum (except as provided in Gover-went Code Section 65857.5), ordinance, statute or other provision of law which in any way limits or restricts development of the Property to the full extent permitted by the Development Plan and this Agreement (including density, intensity, timing, phasing, and sequencing) shall be applied to the Property caring the term of this Agreement. 4.3 Reservations or Dedications of Land. Except as expressly provided in this Agreement, no dedications or reservations of the Property shall be required of Ford in conjunction with the application or issuance of any permit authorizing development, construction, use, or operation of the Property. os toot r F- ata i 15-n4.21 4.4 TCA Credit. As a result of the reduction in traffic impacts generated by converting the Project site to less intense uses than presently exist, the Transportation Corridor Agencies (the "TCA") have acknowledged a credit to Ford in the amount of $3,436,966 in relation to the construction of the San Joaquin Hills Transportation Corridor. This credit shall be applied toward any Project fees otherwise payable to the City, the Transportation Corridor Agencies, or any other agency in connection with the construcdon of the San Joaquin Hills Transportation Corridor or any other transportation corridor for which fees are imposed upon development. If (i) this credit is larger than the Project's corridor fee obligation and (ii) Ford and the TCA enter into an agreement to allow Ford to sell or transfer any credits in excess of the Projects fee obligation, then the City shall not object to the sale or transfer of the credits on the teras set forth in that Ford/TCA agreement. 4.5 Fair Share Ordinance. As a result of the reduction in traffic impacts generated by the Project and the traffic impro\,ements included within the Project, no fees shall be payable for t; e Project under the City's "Fair Share" Traffic Ordinance. 4.6 Sep er Connection. The City shall provide sewer service to the Project through a connection to existing City sewer lines serving the adjacent Belcourt communities and the existing Lor -J site. City shall provide sewer facilities only to the boundaries of the Project and Ford shall pay any sewer connection or sewer sen -ice fees required by the Existing General Regulations. 4.7 Storm Drains. The City shall provide drainage capacity to the Project by allowing connection to existing City storm drains. 4.8 Park Fees. The Project shall comply with all City park requirements through the payment of park fees in the amount of S6.897.37 per residential unit. Ford shall advance FiNe Hundred Thousand Dollars ($500.000) in park fees to the City within sixty days after the Effective Date. The fees paid in advance shall be credited toward and satisfy park fees for the first seventy-three residential building permits issued for the Project. Thereafter, Ford shall pay $6897.37 per residential unit until all park fees required by this Agreement have be -en paid. These payments shall satisfy_ the City's Park Dedication Ordinance. No dedications or reservations of land except as expressly identified in the Development PLn shall be required of the Project. 4.9 Time for Construction and Completion of Pro's. Subject to the provisions of this Agreement and the Development Plan. Ford shall have the right to decide the timing, phasing, and sequencing of construction on the Property and shall be entitled to apply for, and receive timely approval of permits or approvals, at any time. 4.10 Extension of Tentative Aiao. To the extent permitted by law, the City shall extend through the term of this Agreement (pursuant to Government Code Section 66452.6) the Tentative 03 0996- 1001 / F31331 -OC:' / 1M4.21 10 0 Map (see Section 2.33 above) and all tentative subdivision maps applied for by Ford appror ` by the City in the future. 4.11 Phased Final 'Maps. As many as fort}• phased final maps may be filed for each tentative tract map approved for the Project. 4.12 Development Standards. Because this Development Plan has been prepared to meet the unique design parameters of this Project, the City Council has determined that rigid consistency with the City's development standards for other areas of the City is neither necessary nor appropriate. Therefore, as to this Project, the provisions of the Development Plan and this Agreement shall prevail over any conflicting provision of any other City ordinance or resolution. 4.13 Fees Taxes and Assessments. The City shall not impose any additional fee, tax, or assessment on all or any portion of the Project or the Property, whether as a condition to a Future General Regulation or other -wise, except such fees, taxes, and assessments as are described in or required by this Agreement. Ford shall be responsible only for those fees, taxes, and assessments which pres-ently are applicable to the Property under the General Regulations in effect on the Approval Date. Except as set forth in Section 4.8 above, the rates of such fees, taxes, and assessments shall be the rates in existence at the time said fees, taxes, and assessments are normall%. required to be paid to the City. 5. PUBLIC BL'EFITS. 5.1 Reduced Impacts. This Agreement confer,; a substandal public benefit by converting an existing commerciaLlindustrial use to a less intense residential use. The EIR for the Project has established specific improvement in environmental conditions related to reduced potential for impacts arising from traffic, air pollution, the consumption of non-renewable energy resources, the potential for groundw--ter pollution, and noise. 5.2 Fiscal Benefits. The project's Fiscal Impact Report projects that, at maximum Project buildout, the City will receive net recurring revenues of approximately $571,700 per year in constant 1995 dollars. The recurring surplus is based en projected annual Project revenues of 5963,600 and projected annual costs of S391,000. 5.3 Affordable Housing. The City's Hcusing Element presently sets forth goals and strategies for providing housing units for very low, low, and moderate income housing ("Affordable Units"). The Housing Element requires residential developers to provide affordable units, either on-site or off-site, with the number of units contingent upon numerous factors including the presence or absence of development incentives, the extent of any financial contribution to the development by public entities, and the overall feasibility of providing affordable housing given the unique characteristics of the project. The Housing Element specifically r 05 0996- 1001 1 F3 1 3 3 1-002! 15T14.21 encourages the use of development agreement and expedited permitting to encourage the construction and occupancy of affordable housing projects. The City and Ford agree that this development presents a unique opportunity, possibly in combination with a Development agreement between the City and one or more other developers, to construct affordable housing on vacant sites within the City using a unique public/private planning and financing process outlined in this Section: a. Affordable Housing Percentage. The Housing Element requires projects such as this to provide, to the extent feasible, units affordable to moderate income families and individuals equal in number to between 15% and 25% of the market rates units produced by the project. These units are to be provided for a minimum of twenty years. The City and Ford agree that the cost and delay attendant to environmental remediation of the Property, Ford's agreement to advance park fees, and the other public benefits provided by Ford under this Agreement make infeasible the production of affordable housing in excess of 15 % of the total number of residential units constructed pursuant to the Development Plan. b. Task Team Participation / In Lieu Fees. The Original Agreement contained a requirement for Ford to satisfy its affordable housing requirements by participating in a "Task Tearn" to be established by resolution of the City Council to identify, evaluate, and implement one or more affordable housing projects to implement Ford's affordable housing obligations under this Section. Since the Approval Date, Ford has actively participated in the Task Team, which is implementing its original goals as set forth in the Original Agreement. The requirement contained in the Original Agreement remains in place and reads as follows: "b. Task Team Participation / In Lieu Fees. Ford shall satisfy its affordable housing requirements by participating in a "Task Team" to be established by resolution of the City Council to identify, evaluate, and implement one or more affordable housing projects to implement Ford 's affordable housing obligations under this Section. The Task Team shall consist, at a minimum, of a member of the City Council, a representative of Ford , and members of the City staff. The City Council also may appoint to the Task Team representatives of other property owners, builders, or persons experienced in the development of affordable housing. Ford shall make available to the Task Team its experience and expertise in land development upon reasonable request by the Task Team. 0."0946-1001 1 F31331a7: 1 1371.21 The Task Team shall submit to the City Council a statement of goals and priorities within ninety days after the later of (i) the Effective Date or (ii) the appointment of the Task Team by the City Council. The Task Team shall have a single term of two years. unless extended by mutual agreement of the City and Ford. The Task Team shall report to the City Council no less than 12 once every ninety days after submittal of its statement of goals and prioridr The goal of the Task Team shall be to submit to the City Council, within t years after the Effective Date, a report identifying one or more affordable housing projects to be funded in whole or in part by Ford. If a project is identified and implemented, Ford shall contrbute S2,500,000 (less S5,000 for each of the 500 units allowed by the Development Plan which Ford agrees, in writing, not to build) toward the implementation of that project. Subject to Ford's ongoing participation in Task Team implementation efforts, payment of this sum will satisfy Ford's affordable housing obligations. "c. Option If 10 Task Team Project. If either (i) the City Council does not require Ford to financially contribute to implementation of a Task Team project as described in Subparagraph b above or (ii) the Task Team does not recommend implementation of an affordable housing project to satisfy Ford's affordable housing requirement, then Ford shall have the option, within sixty days after the term of the Task Team expires. to satisfy that requirement by notifying th-- City that it will either: construct or rehabilitate offsite residential units within the City and make those units affordable to moderate income families or individuals for 20 years or more from the date of occupancy; or ii. pay an affordable housing in lieu fee of S5,500 for each resident' building permit issued within the Project: or construct fewer than the number of affordable units required under Subs--ction c(i) above and pay an affordable housing in lieu fee equal to: • S5,500 for every residentia.] building permit issued for the Project minus • S36,000 multiplied by the number of affordable units constructed and/or refurbish.d by Ford. Under this option, Ford's affordable housing in lieu fee- shall not be less than twenty per--nt of its total financial commitment." 5.4 Environmental 'Monitoring. Due to existing soil and groundwater contamination on the Project site, before residential occupancy can occur on the site, Ford is required by law, as 0503961001 / F31331-002 / 15774.21 13 , - A"1 well as by the City's conditions and mitigation measures for the Project, to obtain approvals from other public agencies, such as the Regional Rater Quality Control Board and the Orange County Health Care Agency ("County Health'). By this Agreement, Ford also will pay for the cost of an environmental monitor to be remdned by the City to review all Ford submittals to those agencies. Ford shall provide the monitor with copies of all submittals concurrently with their delivery to those agencies. Additionally, if requested by the monitor, Ford shall provide to the City the underlying data which supports Ford's request to County Health for a Health Risk Assessment of the Project site. The City may have either the monitor or another consultant review and independently verify the accuracy and validity of the Health Risk Assessment and analysis and conclusions and correspond, if needed, to County Health before its final action. The monitor shall not perform any independent collection of data. Tile monitor performing this function may be the same or may be different than the monitor performing the general overview described in the first paragraph above. In performing either function, the monitor may report his or her findings to the City Council and the City Council, in turn, may take any action it deems appropriate which is not inconsistent with this Agreement. The selection of the monitor and the data consultant and their scope of work shall be subject to the murLJ approval of the City and Ford. Any inconsistency between this provision and any mitigation measure for the Project shall be resolved in favor of the mitigation measure. 5.5 Eastbluff Traffic. The Eastbluff communiry is the vicinity of the Project site has had a historical concern regarding the impact of through traffic on its streets. The EER has concluded that the Project will not contribute sufficient through traffic to constitute a significant impact on this existing problem. Further, Ford has no legal obligation to correct the existing problem and the City has no auLhorir,. independent of this Agreement to impose a condition requiring Ford to correct the existing problem. Pursuant to this Agreement, however, Ford shall contribute to the solution to the existing traffic problem as follows: a. The determination of a solution shall be dependent upon an agreement between the Eastbluff community and the City. b. If the "solution" costs $50.000 or less: i. Ford will pay one -hundred percent of the total cost of the capital improvements/traffic studies (a; opposed to long-term maintenance) of the solution as actually implemented: or If the "solution" costs more than 550.000: 050946-1001 / F31331-002 / 15773.21 14 _;4 i. Ford will pay one-third of the total cost of the capital improve m ents/traF-- studies as actually implemented, with a minimum payment of $50,000 ari maximum payment of 575,000. C. Ford will not be required to make a deposit of funds until a "solution" actually is approved by the City for implementation. Any funds actually deposited but not used to implement the solution shall be returned to Ford. d. If the City and the Eastbluff community have not agreed on a "solution" within one year from the Effective Date and the date for agreement has not been extended by Ford, this obligation shall terminate. e. If a lawsuit is brought by any person or entity challenging any of the Ford approvals on the basis of the Eastbluff traffic conditions and that lawsuit is not terminated within thirty days after service, the provision requiring Ford's contribution to the traffic solution will terminate. 5.6 Drainage. Concerns have been expressed in the public process regarding the impacts of the Project's drainage on nearby residential communities. The EIR has established that the Project will not have any significant drainage impacts on any other residential communities. Nonetheless, pursuant to this Agreement Ford will take the following actions: a. Upon formation of the Master Community Association, the conditions, covenants, � restrictions will provide that: i. All structures shall have gutters and downspouts; ii. The Master Association shall routinely maintain the onsite storm drain system to facilitate proper operation of the system: and iii. The submittal of landscape plans for each individual lot shall provide that water from downspouts will be transported to the stmt through an appropriate collection system. b. The Project site will be graded so that surface drainage will flow to the streets where it will be collected and channeled into a closed storm drain system. 5.7 Belcourt Terrace Landscape Screen. This Agreement as origin4y recorded on September 26, 1995, contained a Section 5.7 which imposed certain obligations upon Ford with respect to the establishment of a landscape screen along the boundary of the Property and the Belcourt Terrace project adjacent to the Hillsdale Drive boundary wall. Since the recording of the Agreement, that condition has been satisfied by the signing of a Landscape Screening 050996- 1001 / F31331.002 / 15774.21 15 Agreement between Ford and the Belcourt Terrace Homeowners Association (the "Association "). " 6. A.\1'LIAL REVIEW. 6.1 City and Ford Responsibilities. As least every twelve (12) months during the Term, the City shall review Ford's good faith substantial compliance with this Agreement (the "Annual Review"). after the Annual ReNiew, the City's finding of good faith compliance by Ford shall be conclusive for the purposes of future Annual Reviews or legal action between the Parties. Either Party may address any requirements of the Agreement during the Annual Review. However, fifteen (15) days' written Notice of any requirement to be addressed shall be made by the requesting Pam-. If, at the time of the review, an issue not previously identified in writing is required to be addressed, the review shall be continued for no more than sixty days at the request of either Party to afford sufficient time for analysis and preparation of a response. 6.2 Opportunity to be Heard. Ford _hall be permitted an opponunity to be heard orally and in writing at am- noticed public hea.:- :.ng or meeting related to the Annual Review. 6.3 Information to be Provided to Fo:-d. The City shall mail to Ford a copy of the staff report and related exhibits concerning Agreement performance a minimum of fifteen (15) days before the Annual Review. 6.4 Mitigation Monitoring. The An_ - -d Review shall include an analysis of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. Ford shall be found in compliant_- with this Agreement unless the City Council determines, based upon the evidence presented at the Annual Review, that Ford has not complied with one or more mitigation measures or conditions including those imposed as a result of subsequent environmental anal`•s. applicable to the grading of, and building on, the Property as of the date of the Annual Re%`_ -w. 6.5 Review Letter. a. After Finding of Compl-2nce. If Ford is found to be in compliance with the Agreement after the A=al Review, the City shall issue, within ten (10) days of Ford's written request. a later to Ford stating that the Agreement remains in effect and Ford is not in Defaui:. b. After Cure of Default. If Ford is found to be in Default under this Agreement at the Annual Review, but sub_-- .quently cures that default in the mariner provided by this Agreement, the City shall issue, within ten (10) days of Ford's written request, a letter to Ford statin° that tvd Agreement remains in effect and Ford is not in Default. 050995-1001 1 F31331-002 / 15774.21 / 16 �a 6.6 Estoppel Certificate. Either Party may at any time deliver written Notice to the other Pair . requesting an estoppel certificate (the "Estoppel Certificate") stating: (a) The Agreement is in full force and effect and is a binding obligation of the Parties. (b) The agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (c) To the best of the signing Party's knowledge, no Default in the performance of the requesting Party's obligations under the Agreement exists or, if a Default does exist, the nature and amount of any Default. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. The Planning Director may sign Estoppel Certificates on behalf of the City. An Estoppel Certificate may be relied on by assignees and Mortgagees. The Estoppel Certificate shall be substantially in the same form as Exhibit "D." 6.7 Failure to Conduct Annual Review. The City's failure to conduct an Annual Review shall not constitu:-- or be asserted by the City as Ford's Default. 7. GE\-ERAI. PROVISIO\S. 7.1 Effective Da,e. This Agreement and the obligations of the Parties shall be effective as of the Effective Date. However, this Agreement shall bind the Parties as of the Approval Date, subject only to the Adopting Ordinance becoming effective pursuant to California law. 7.2 Term of A---,ement. The term of this Agreement (the "Term") shall begin on the Effective Date and co:.tinue for twenty-five (25) years unless otherwise tenninated or modified pursuant to this Aere--ment. 7.3 Assignment. Ford has the absolute right to assign (see Section 2.5) its rights and/or delegate its obligations under this Agreement as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of this Agre`ment. As long as Ford owns a-ny part of the Property. Ford may assign the benefits of this agreement without delegating th- obligations for the portion of the Property assigned. If that occurs, however, the benefits assigned shall remain subject to the performance by Ford of the corresponding obligations. Where an assignment includes the delegation of the corresponding obligations, those obligations t*ecome solely the obligations of the assignee. If an assignee is in Default, then as to Ford or any assignees not in Default, the Default shall not constitute their Default, give 05--996-1001 > F31331 -W21 15n4.21 17 )6� grounds for termination of their rights under this agreement or be a basis for an enforcement action azainst them. Under no circumstances. shall Ford be relieved of its obligations under Sections 5.3, 5.4, 5.5, and 5.6. 7.4 Amendment of Agreement. (a) Subject to the provisions of Subsection (b), this Agreement may be amended from time to time by the mutual consent of the Parties, or their successors in interest, but only in the manner provided by the Government Code and this Agreement. After any amendment, the term "Agreement" shall refer to the amended Agreement. (b) The City Council shall not approve, and Ford shall not request, any amendment to the provisions of the Development Plan or this Agreement that would increase the maximum permitted gross floor area or the maximum permitted building heiEht above that established as of the Effective Date of this agreement. This Subsection shall prevail over any conflicting ordinance. resolution. policy or plan adopted by the City Council. 7.5 Enforcement. This Agreement is enforceable by each of the Parties and their respective successors and assigns. 7.6 Termination. This Agreement shall be deemed t:rminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the twenty-five (25) year term: (b) Completion of the Project in accordance with the Development Plan and the City's issuance of all occupancy permits nec--ssary to fully implement the Project, the acceptance of all dedications required by this A°Te`ment, and the satisfaction by Ford of its obligations under Sections 5.3. 5.4. 5.5, and 5.6 above. (c) Entry, after all appeals have been exhausted, of a final judgment or issuance of a final order directing the City to set aside, withdraw, or abrogate the City's approval of this Agreement or any material part of the Project: or. (d) The effective date of a Party's election to terminate the Agreement as provided in Section 9.3 of this Agreement. 05 0996- 1 00 1 F3133I-=/ rsn/.21 18 \ C1 g. CO\`FLICTS OF LA«'. - 8.1 Conflict with State and Federal Laws and Regulations. Where state or federal laws regulations prevent compliance with one or more provisions of this Agreement, those provisions shall be modified, through revision or suspension, to the extent necessary to comply with such state or federal laws or regulations and the modified Agreement shall remain in effect, subject to the following: (a) the City shall not request modification of this Agreement pursuant to this provision unless and until the City Council makes a finding that such modification is required (as opposed to permitted) by state and federal laws or regulations; (b) the modifications must be limited to those required (as opposed to permitted) by the state or federal laws; (c) the modified Agreement must be consistent with the state or federal laws or regulations required modification or suspension: (d) the intended material benefits of this Agreement must still be received by each of the Parties after modification; (e) neither the modification nor any applicable local. state, or federal laws or regulations, may render the modified Agreement impractical to enforce; and (f) Ford consents in writing to the modification. Ford shall have the right to seek judicial review of any proposed modification to ensure compliance with this Section. 9. DEFAULT REk1EDIES kN-D TER\fr�ATION. 9.1 General Provisions. In the event of a Default (see Section 2.11), the Party alleging a Default shall give the other Party a written Notice of Default. The Notice of Default shall specify the nature of the alleged Default. and a reasonable manner and sufficient period of time (not less than thirty (30) days) in which the Default must be cured (the "Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of the Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then a Default shall be deemed not to exist. 9.2 _Option to Institute Leal Proceedings or to Terminate. If an alleged Default is not cured within the Cure Period, the noticing Party must give the defaulting Party a Notice of intent to terminate the Agreement if that Party intends to terminate the Agreement. Within thirty 050996-1001 1 F31331 -0C:1 13774.21 19 ��� (30) days after giving of the Notice, the City Council shall hold a public hearing in the manner set forth in Government Code Sections 65865,65867, and 65868, as amended, to consider and review the matter. This hearing shall utilize the procedures outlined for the Annual Review in Section 6 above. 9.3 Notice of Termination. After the City Council hearing described in Section 9.2, the Party alleging the Default, at its option, may give written Notice of termination of the Agreement to the other Party and the Agreement shall be terminated immediately upon giving the Notice. A termination shall be valid only if good cause exists and clear and convincing evidence was presented to the City Council to establish the continued existence of a Default after the Cure Period. The findings of the City Council as to the existence of a Default shall have no weight in any legal proceeding brought to determine the existence of a Default. The validity of any termination may be challenged pursuant to Section 11. 17, in which case the court shall render an independent judgment as to the existence of a Default and good cause for termination. Termination may result only from a material Default of a material provision of this Agreement. 9.4 Waiver. Failure c. delay in giving Notice of Default shall not waive a Party's right to give future Notice of the same or any other Default. 9.5 Default by Ford. Subject to and after termination of this Agreement in compliance with Sections 9.1 through 9.3, if Ford Defaults, the Cin• shall have no obligation to perform any of City's obligations under this Agreement (as opposed to the City's obligations under the Development Plan and the General Regulations), unless otherwise ordered by a court of law. The City's election not to perform as permitted by this provision shall not constitute a Default. 9.6 Default by the City. Subject to and after termination of this Agreement in compliance with Sections 9.1 through 9.3, if the Citv Defaults, Ford shall have no obligation to perform any of Ford's obligations under this Agreement, unless otherwise ordered by a court of law. Ford's election net to perform as permitted by this provision shall not constitute a Default. 9.7 Specific Performance. The Parties agree that the loss by either of them of their respective rights under this agreement may not be compensable through monetary damages. Therefore, the remedy for a Default for each Party shall be limited to specific performance and/or injunctive relief. This provision applies only to actions related to the Parties' performance under this Agreement and does not limit the remedies of either Parry under any other provision of law. 050996-1001 / F31331 -M / 1Sn4.21 20 -� V, 10. ENCL1fBRANCES A.\ -D RELEASES ON PROPERTY. 10.1 Discretion to Encumber. Ford may encumber all or any portion of the Pr,perty in d manner. The Citv acknowledges that lenders providing financing may require technical modifications to the Agreement which do not materially alter the intent of the Parties. The City agrees to meet, upon request, with Ford and/or lenders to negotiate in good faith any lender request for modification. The City agrees to not withhold unreasonably its consent to such modification, provided the proposed modification does not materially alter the terms and provisions of this Agreement, the obligations imposed upon either Party, or the benefits received by either Party. 10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to the City, shall be entitled to receive from the City 96-67= Notice of anv Ford Default at the same time Ford is provided with Notice pursuant to S, --don 6.1. 11. NUSCELLA\-EOUS PROVISIONS. 11.1 Notices. All Notices (see Section 2.27) shall be written and delivered by pe 5,Dnal delivery (including Federal Express and other commercial express delivery seri providing acknowledgments or receipt), registered. certified, or express mail. or te:_'-ram to the addresses set forth below. Receipt shall be deemed complete as follows: (a) For personal delivery, upon actual receipt; (b) For registered, certified, or express mail. upon the delivery date or atter p;�,-d delivery date as shown on the return receipt: and Notices shall be addressed as follows: To the City: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: City Attorney Attention: Planning Director To Ford : Pacific Bay Homes Attn: Barin T. Iirogius 18400 Von Karman, Suite 900 Irvine, California 92715 05,0996-1001 : F31331ao: J Im4.21 21 With a copy to: Tim Paone Paone, Callahan. McHolm R Winton 19100 Von Karman, Sth Floor P.O. Box 19613 Irvine, CA 92713-9613 The addresses to which Notices shall be sent may be changed by giving Notice of a new address. 11.2 Enforced Delav: Extension of Time of Performance. Neith:r Party shall be deemed to be in Default where delays or non-performance are due to war, insurrection, strikes, walkouts. riots, floods, earthquakes, fires, oil spills, casualties, a: -,s of nature, unavailability of materials, governmental restrictions imposed or mand:ed by governmental entities, suspension of rights in accordance with the existence of unfc:-Iseen circumstances, litigation. or similar bases for excused performance. An extension of time for performance shall be deemed granted for the period of the delay. or longer as be mutually a--T,---d upon. 11.3 Severability. If any material part of the Agreement is fouLZ* by a court to be invalid, void. or illegal, the Parties shall modify the Ag Bement to imp:ement the original intent of the Parties. These steps may include the waiver by either of the Parties of their right under the unenforceable provision. If, however. the Agreement o'-_ ctively cannot be modified to implement the original intent of the Parties and the Parr: substantially benefitted by the material provision does not waive its rights under the un:: forceable provision, the entire Agreement shall become void. For purposes of this Sec�_.)n, and without excluding the possible materiality of other provisions of this Agreement.::) provisions of Section 4 and 5 are deemed "material." 11.4 Entire Agreement. This Agreement constitutes the entire cnderstanding and Agreement of the Parties regarding the subject matter of this Agreement. This Agreement supersedes all negotiations and previous agreements between the Parties r:_-arding that subject matter. 11.5 Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the Party malting the waiver. 11.6 Incorporation of Recitals. The Recitals set forth in Section 1 are part of this Agreement. 11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall do anything which shall have the effect of harming or injuring the right of the other Par-: to receive the benefits of this Agreement. 050996-10011 F31331-=1 15774.21 22 I 11.8 Covenant of Cooperation. The City shall help Ford obtain any permits from either the City or other public agencies which may be r,-quired for development of the Project or as a of any modifications, suspensions, or al:. -mate courses of action allowed by this Agreem. Ford may challenge any such ordinancle. measure, moratorium, or other limitation in a court of law if it becomes necessary to pm—,tet the development rights vested in the Property pursuant to this Agreement. 11.9 Further Actions and Instruments. Upon the request of either Party, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.10 Successors and Assigns. Subject to Sec -ion 7.3 above, the burdens of this Agreement shall be binding upon, and the benefits of the Agreement inure to, all successors -in -interest and assigns of the Parties. 11.11 Constnlction of Agreement. all lar,gt:_ e in all parts of this agreement shall be construed as a whole and given its fair meaning. : he captions of the paragraphs and subparagraphs are for convenience only and shall not be :onsidered or referred to in resolving questions of construction. This Agreement shall be zzwemed by the lan•s of the State of California. This Agreement is not intended to impermis_:bly contract away the legislative and governmental functions of the City, and in particular. -he City's police powers or to surrender or abrogate the City's governmental powers over t`_ Property. 11.12 Authority to Execute. The person exec-=ing this Agreement on behalf of Ford warrants and represents that he/she has the author -: to do so and the authority to bind Ford to the performance of Ford's obligations under this Agreement. 11.13 Consent. Any consent required by the Parties in carrying out the terms of this Agreement shall not unreasonably be withheld. 11.14 Effect on Title. This Agreement shall :ot continue as an encumbrance against any portion of the Property as to which this Agree::: -Int has terminated. 11.15 Recording. The City Clerk shall cause a copy of this Agrwment to be ex --uted by the City and recorded in the Official Records of Orange County no later than ten (,10) days after the Effective Date. The recordation of this agreement is deemed a ministerial act and the failure of the City to record the Agreement as r.-quired by this Section and Goverr=ent Code Section 65868.5 does not make the Agreement void or ineffective. 11.16 Institution of Legal Action. In additiez to any other rights or remedies. either Party may institute legal action to cure, correct. or remedy any Default, to enforce any provision of this 050946-1001 I F31331-0021 15 4.21 4 .. i Agreement, to enjoin any threatened or attempted violation of this Agreement, to recover damages for any Default, or to obtain any remedies consistent with the purpose of this Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California. or in the Federal District Court in the Central District of California. 11.17 Attorneys' Fees. In any arbitration, quasi-judicial, administrative, or judicial proceeding between the Parties initiated with respect to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs, expenses, and disbursements in connection with such action. 11.18 No Third Party Ben: ficiaries. There are no thud party beneficiaries to this Agreement or to Ag,,, including the public benefit provisions of Section 5. any provision of this A Date: , 1996 CITY OF NT PORT BEACH 'Mayor Date: , 1996 PACIFIC BAY HO.VES 0 0.'.0995-1001 / F31331-= 1 15774.21 24 �EWP0 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY S P.O. BOX 1768, NEWPORT BEACH. CA 92658-8915 U (714) 64-4-3131 'HCl Fp Rte June 11, 1996 Cathy Young Paone, Callahan, McHolm & Winton 19100 Von Karman Avenue 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 Re: Latest Draft of Pacific Ear• h c7-e(Ford) Development Agreement Dear Cathy: I have no prcclem with the _ _ cam_ modifications tc the Pacific ..=vs :tomes _e-velo_ ment Acree-enz RB:wb CC: Sharon Wood Patti Temple wb\young . 1tr Very" y- :rs, a Robe_,. H --ham Cit At"._n 3300 Newport Boulevard. Nevvncort Beach RESOLUTION NO. A RESOLUTION OF THE PLAN1lNG COMMISSION OF THE CITY OF NEWPORT BEACH RECOM.\IENDING CITY COLICIL APPROVAL OF THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENTNO.8 WHEREAS, the State Legislature and the Cite Council have determined that the lack of certainty in the approval of development projects can result in a Haste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive plarr.ing %%hich \%ould make maximum efficient utilization of resources at the least economic cost to the public; and WHEREAS, the assurance that an a^^':icant mai proceed with a project in a,:cerdance \\ ith existing policies. ruse_ and regular:ons. an. ` subject to conditions of appro\ al. gill suer. -then the public planning process. encourage r ri,-a:: panicipotion in comprehensk e planning. and reduce the economic costs of de\ e'opment, and WHEREAS. California Go\ ernmer.t Code Section 65864 et seq. authorizes cities to enter into dei elopment agreements %\ ith am• person ha\ ing a legal or equitable interest in real proper:\ for the development of the property; and WHEREAS, Chapter 16.5 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of dei. e'op ^lent agreements; and WHEREAS, the First Amendment to De\elopment Agreement No. 8 has been prepared in compliance«ith state la\� and the Ne\\port Beach Municipal Code; and WHEREAS, in compliance with stare laN\ and city ordinance, a duly noticed public hearing was held by the Planning Commission to consider the First Amendment to Development AgreementNo. 8; and WHEREAS, the Planning Commission tirds that the Amendment is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and \WHEREAS, the Planning Commission finds that said Amendment is in conformance with the Newport Beach General Plan; and WHEREAS, the adoption of the Development Agreement Amendment will not preclude the City from conducting future discretionan- reviews in connection with the project, nor '�f.11 r� �%ould it present the City from it posir.; ccn�itionsor requirements to mitigate significant impacts identified in such recie%%s pro%id:d tha: t:.e mea5ures do not render the project infeasible. NOW, THEREFORE. BE IT RES DIVED that the Planning Commission of the City of Ne\\port Beach hereby recommends Ci:N Council approval of the First Amendment to Development Agreement No. 8. ADOPTED this =01h of lune , 1965, by the follo\\ing vote, to wit: AYE \OE ABSENT F.�S M TOD W. RIDGEWAY CHAIR -MAN MICHAELC. KRANZLEY SECRETARY Att:Ichment: Exhibit 1: First Amendmen:., De\e'c_-entAgreement No. 8 PLT ..C.'.VSOFFICEMIN\\ORD PC ti5-D4S DJ: RESOLUTION NO. A RESOLUTION OF THE PLA\KING COMMISSION OF TIE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO TIE PLANNED CO\LMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE AERONUTRONIC FOR= PLANNED COMMUNITY (PLAN\ING CO?XMISSION AMEND\IENT NO. 848) WHEREAS, as part of the development and implementation of the Ne,.%port Beach General Plan the Lara Use Element has been prepared. and WHEREAS. the Newport Beach Municipal Code provides spec:= ::'7 cedures for t e i-:p,en entatior. c: Plans,-] Communit% zoning for proper,ies v ithin the _ of Ne,�port and WHE ,EAS. tl:e proposed Planned Communio, District Recula" _ consistent %\ ith the Ne\�pon Be_.;: General Plan: and WHEREAS. an Em ironmental Impact Report has been pre\ iouS:_ _;!nitied for the project consistent the Ca'ifomia Em ironmental Qualit\ Act (CEQA) and State CEQA Guidelines, and the infor-mation contained therein is considered adequate '_- _,e proposed amer.dnrents to this Panned Community Text. NO\%. THEREFORE. BE IT RESOLVED that the Planninc C,:='ssion of the Cite of Ne\\port Brach does hereb\ recommend to the Cite Council an �_..:-._-7.fto the Aeronutronic Ford Planned Community District Regulations and De\eloprr.e-: as attached hereon as ENhibit 1. ADOPTED this 20th day of June . 1962, b\ the following \r:=.:a wit: AYES NOES ABSENT. BY Tod W. Ri ay. CH.-MRNIAN BY Michael C. K=zlel, SECRETA7%' Attachnier.-.: Ex.Hibit I pl.1- C \jSojr:,-< .-.",%NORD PCA%!D N`Z»USDOC CITY OF NEWPORT BEACH Meeting Date: June20, 1996 �EWPO°, COMMUNITY AND ECONOMIC DENTLOPME\T Agenda Item \o.• 8 PLANNING DEPARTMEN-T Staff Person: Patricia L. Temple Zoo NEWPORT BOULEVARD (711) 644-3200 NE'%WRT BEACH, CA 92638 Council Re -t iew: automatic (7L4) 644-3200: FAX (7L4) 644-3230 Supplemental Report REPORT TO THE PLAN1ING COMMISSION PROJECT: Pacific Bad• Homes 2300 Jamboree Road PURPOSE OF APPLICATION: Amendments to Development Agreement No. 8 and the Aeronutronic Ford Planned Communitv to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single-family development. Proposed Changes and Additions to the Planned Community Text and Development Agreement: Staff and the applicant have noted some errors and omissions in the package distributed to the Planning Commission, as follows: 1. Attachment 1 to this report is the land use map inadvertently omitted from the Planned Community Text. 2. Attachment 2 is the Statistical Analysis for Area 4, which contained errors in the Boss acreage limits for Subareas -IC and 4E. The dwelling unit limits are the same. 3. Section 1.5 of the Development Agreement (hand written page 45-46) should be revised to read: "CEQA Compliance. On July 10, 1995. the Cite Council certified Environmental Impact Report No. 153 for the Project (the "EIR"). All significant environmental concerns for the proposed project have been addressed in a previously certified Environmental Impact Report (SCH #9.1011022), and the City of Newport Beach intends to use that report for the project under consideration. and there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project." 4. Certain private street standards listed on PC Text page 24 (hand written page 37). should be eliminated, due to recent refinements to the Tentative Tract Map. These are items D. 7. c., d., and g (which is erroneously listed as "e'°). These standards were not acceptable to the Public Works Department and where eliminated from the subdivision design, and were inadvertently � left in the draft PC Test. Attachment 3 shows the proposed changes. PLANNING DEPARTMENT Patricia �LTe�mple Director Attachments: 1. Area 4 Land Use Map 2. Revised Statistical Analysis for Area 4 3. Revised Page 14 of the PC Test. \ 1 FIRST &ME1'DME\T TO DEVELOPMENT AGREENtE\-r NO. 8 1 AMENDMENT NO. 838 June 20. 1996 Page 2 [OP Attachment 1. AERONUTRONIC FORD/BELCOURT PLANNED COMMUNITY Planning Department Advance Division 5-30-1995 REV. 2-13-19% 2 RD 0 Lu J J O m N Attachment 2. B. Statistical Anah-cis for Planning Area 4 Maximum Grass Maximum 5nliareas DL Acres 4A. 34 2S6 48 19 87 4C 12 40 4D 26 119 4E 36 1140 100.E** 4 -0 liax ** T1Te nimiber of acres reflected in this column represents fire matinrunr that cwT bz included }tztliin ami s ecfc,Subarea. Subarea boundaries are intended to be flexible tititlrin rl nr:� irnurrz acreages ident' ed' Rote: Tire statistics sei forth for Planning Area 4 and its Subareas are irrterza'ed tv proi ide,�lezr tl:ty for allocatron of residential imits bettireen rhe Subareas"mrd to reflect niiror a.�'ru�ments of Subarea boruTdar:esonsubdivision maps recorded as developrnerri progresses. The "Mcrtinuun Dt}" column reflects a nra-vnnum n:mmber of 450 residential units for: Residential Area 4, even t)rouglz the szrm of Ow "_1 fuzYununi DU- "for the individual Subareas is »zilch greater thtzn 450. P;Ls allo�s5 fo...... rbility i :.. in assigning units )t•ithin the Subareas while maintaining an Overall cap on the total mrnrber a units .......... alloiivd v thirr Planning Area 4. 053196.1553 / F31331-002:"923 =7 19 Attachment 3. 411e!iis A d beam eensu=de f4e ef Ught and elf to Pefeent (50;,0) ef U�e teta� L- the eeN,efed afea: MWaRMN Private Street, Rear Access Drive. and Flag, Lot Driveway Standards VnV . a li..Slie�ets" aid Access DjjV' ... C"S' within residential development shall be a minimum of Thim'-six' (36) feet in width %%ith parking allowed on eae side. T�L-e4 4h�* Site Plea the felle,Aing m edifiea6ens te ih s;a9dad may be appfe,.-ed: e: Re , , HIM Yi-jth ma,,- be fedueed te 26 fM fbr eeeess dfis-e b, "shirty -two (32) f6_ -t in width -,Nith Widn.- allo,.�ia on'*o= S1 and . .............. ................ a W-0 r MME -3 To ff W&I b. Re mi_�ffn ,,,idth fy--ay be fedeeed te 20 fcet fief aeeess d!is- I ' I". Twenty feel for .Ptimm, ACC=...Dth CS Fla.g.L o -t ...... . ............... . sening no more than, 4 d%velling units. Iuced *,e 16 caet feF aec-ess Elfives 5e.:N:h9,C,1 Ct 4. Sbi= (16)feet for Primary Access Dnves, including Flag Lot Drivev'"a)-s" . ....... ..... . ......... sming no I m . ore Lhan 2 dwelling uah& ..... ........... .. ...... .... ... . ..... d, rnmary'�� Drives of 20 or 16 feet as provided for 4e above shall be increased to a minimum . . %N . I width of 26 feet if serving a common parking area. ... ... ..... krii, Access D6'e'-s-, be ­i inhu,m, ....... o, f M ... =tv (20) eet in Ai ................... ........ ..................... .1 ... .................... ........ .......... 0531961553 / F31331-002 / "MM 24 MWaRMN - --------- VV=M ... ... ..... krii, Access D6'e'-s-, be ­i inhu,m, ....... o, f M ... =tv (20) eet in Ai ................... ........ ..................... .1 ... .................... ........ .......... 0531961553 / F31331-002 / "MM 24 RESOLUTION1 O. 1436 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE AERONUTRONIC FORD PLANNED COMMUNITY (ZONING AMENDMENT NO. 848) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, the proposed Planned Community District Regulations are consistent with the Newport Beach General Plan; and WHEREAS, an Environmental Impact Report has been previously certified for the project consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, and the information contained therein is considered adequate for the proposed amendments to this Planned Community Text. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend to the City Council an amendment to the Aeronutronic Ford Planned Community District Regulations and Development Plan as attached hereon as Exhibit 1. ADOPTED this 20th day of June , 1996, by the following Vote, to Mt: AYES Thomson. Gifford. Adams. Kranzley, Selich NOES none ABSENT Ridee%vay, Pomeroy BY /s/ Tod W. Ridgeway, CHAIRMAN BY /s/ Michael C. Kranzley, SECRETARY Attachment: Exhibit 1 P LT:.. C AM S O F F I C E\ W [N 4t' O RD\PC\A N 1 D',A 8 4 8 RES. DOC RESOLUTION NO. 1435 A RESOLUTION OF THE PLANNING COMMIISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENTNO.8 WHEREAS, the State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and WHEREAS. the assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public plana ng process, encourage private participation in comprehensive planning, and reduce the economic co_s of development; and WHEREAS. California Government Code Section 65864 et seq. authorizes cities to enter into development ag_eements with any person having a legal or equitable interest in real property for the development of the property; and WHEREAS. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedu.-:` for the amendment of development agreements; and WHEREAS. the First Amendment to Development Agreement No. 8 has been prepared in compliance with _.ate law and the Newport Beach Municipal Code; and WHEREAS. is compliance with state law and city ordinance, a duly noticed public hearing was held by the Planing Commission to consider the First Amendment to Development Agreement No. 8; and WHEREAS. the Planning Commission finds that the Amendment is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and WHEREAS. the Planning Commission finds that said Amendment is in conformance with the Newport Beach General Plan; and WHEREAS. the adoption of the Development Agreement Amendment will not preclude the City from conducting future discretionary reviews in connection with the project, nor �a� would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach hereby recommends City Council approval of the First Amendment to Development Agreement No. 8. ADOPTED this 20th day of —June, 1996, by the follo«ing vote, to wit: AYES Thomson. Gifford, Adams, Kranzlev, Selich NOES none ABSENT Ridgeway. Pomerov IM TOD W. RIDGEWAY CHAIRMAN MICHAEL C. KRANIZLEY SECRETARY Attachment: Exhibit 1: First Amendment to Development Agreement No. 8 4 PLT:..C:\NISOFFICE\\1'IN W ORD'.PC RES-DA8.DOC