HomeMy WebLinkAbout05 - North Newport Center Planned Community Amendment_PA2012-020CITY OF
NEWPORT BEACH
C9C /Fp0.N`P City Council Staff Report Agenda Item No. 5
August 14; 202
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Jaime Murillo, Associate Planner
APPROVED:
TITLE: Second Reading of Ordinances Related to the North Newport Center
Planned Community Amendment Project which Includes Fashion
Island, Block 600, Block 800 and Portions of Blocks 100, 400, 500
and San Joaquin Plaza (PA2012 -020)
ABSTRACT:
On July 24, 2012, the City Council introduced two ordinances for the approval of
Planned Community Development Plan Amendment No. PD2012 -001 and an
Amendment to Development Agreement No. 2007 -002, in conjunction with the approval
of the North Newport Center Planned Community Amendment project. Staff is
recommending that the City Council conduct a second reading and adopt the two
ordinances.
RECOMMENDATIONS:
a) Conduct second reading and adopt Ordinance No. 2012 -19 approving Planned
Community Development Plan Amendment No. PD2012 -001 and finding that the
California Environmental Quality Act (CEQA) has been satisfied by the July 24,
2012, City Council adoption of Addendum No. 2 to the Program Environmental
Impact Report (SCH No.200601119) for the City of Newport Beach General Plan
2006 Update; and
b) Conduct second reading and adopt Ordinance No. 2012 -20 approving an
Amendment to Development Agreement No. DA2007 -002 and finding that that
the California Environmental Quality Act (CEQA) has been satisfied by the July
24, 2012, City Council adoption of Addendum No. 2 to the Program
Environmental Impact Report (SCH No.200601119) for the City of Newport
Beach General Plan 2006 Update.
1
North Newport Center Planned Community Amendment
August 14, 2012
Page 2
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. However, approval would lead to the future
payment of public benefit fee contributions to the City, including a Public Benefit Fee for
Parks (approximately $2.45 million), a Public Benefit Fee (approximately $5.92 million),
and Bayside Drive Walkway Connection reimbursement ($200,000).
Ordinance No. 2012 -19 and Ordinance No. 2012 -20 were considered and introduced at
the July 24, 2012, City Council meeting in conjunction with the North Newport Center
Planned Community Amendment project. As part of the motion to introduce the
ordinances, the City Council required that up to $500,000 of the Public Benefit Fee for
Parks referenced in Section 7 of the Amendment to Development Agreement No. DA
2007 -002 be set aside to fund additional improvements and enhancements to the Back
Bay View Park; if the additional improvements are not pursued, the City Council could
direct the funds to other City parks. Ordinance No. 2012 -020 has been revised pursuant
to the motion.
ENVIRONMENTAL REVIEW:
An Addendum (Addendum No. 2) to the Program Environmental Impact Report (SCH
No 2006011119) for the General Plan 2006 Update was adopted by the City Council
(Resolution No. 2012 -62) on July 24, 2012, in accordance with the implementing
guidelines of the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and City Council Policy K -3.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Kimberly Brandt,! AICP
Director
Attachments: CC 1 Ordinance No. 2012 -19 approving PD2012 -001
CC 2 Ordinance No. 2012 -20 approving an Amendment to DA2007 -002
2
Attachment No. CC 1
Ordinance approving
Development Plan
PD2012 -001
Planned Community
Amendment No.
3
4
ORDINANCE NO. 2012 -19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ADOPTING AN AMENDMENT TO THE NORTH NEWPORT
CENTER PLANNED COMMUNITY DEVELOPMENT PLAN
WHEREAS, the Irvine Company has filed an application with respect to its
property located in North Newport Center Planned Community ( NNCPC) and consisting
of seven sub -areas that include Fashion Island, Block 600, Block 800 and portions of
Blocks 100, 400, 500, and San Joaquin Plaza of the Newport Center Statistical Area
( "Property ").
WHEREAS, as part of its application, the Irvine Company seeks approval of
amendment to the NNCPC Development Plan (Planned Community Development Plan
Amendment No. PD2012 -001) to increase the allowable residential development
intensity by a total of 94 units and to allocate the 94 units plus the 430 residential units
currently allocated to Blocks 500, 600, and San Joaquin Plaza of the NNCPC solely to
San Joaquin Plaza.
WHEREAS, the Property will be governed by the NNCPC Development Plan,
which includes the North Newport Center Design Regulations and sets forth land uses,
development standards, and procedures.
WHEREAS, the Planning Commission held a public hearing on July 5, 2012, in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California,
at which time the Planning Commission considered all project - related applications,
including the amendment to the NNCPC Development Plan. A notice of time, place,
and purpose of the meeting was duly given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting. At the conclusion of the hearing and after considering the
evidence and arguments submitted by the City staff, the Irvine Company, and all
interested parties, the Planning Commission adopted a resolution recommending
approval of the amendment to the NNCPC Development Plan by majority vote.
WHEREAS, the City Council held a public hearing on July 24, 2012, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which
time the City Council considered all project - related applications, including the
amendment to the NNCPC Development Plan. A notice of time, place, and purpose of
the meeting was duly given in accordance with the Municipal Code. Evidence, both
written and oral, was presented to and considered by the City Council at this meeting,
including the evidence and arguments submitted by the City staff, the Irvine Company,
and all interested parties.
WHEREAS, the City Council has reviewed and considered the information in the
amendment to the NNCPC Development Plan and in the full administrative record,
SD \847834.1
5
including the North Newport Center Design Regulations, before taking any action
approving the amendment to the NNCPC Development Plan.
WHEREAS, the City Council finds that:
(1) The amendment to the NNCPC Development Plan provides suitable
and adequate standards including those relating to uses, development
limits, building height limits, setbacks, parking, landscaping, screening,
signs, lighting, and noise control.
(2) The amendment to the NNCPC Development Plan is consistent with
the General Plan and Municipal Code section 20.56.050(C), which
mandates the requirements of a Planned Community Development Plan.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The Planned Community Development Plan Amendment No
PD2012 -001, which includes the North Newport Center Design Regulations, is
approved and adopted as provided in Exhibit "A." The City Clerk shall cause a copy to
be recorded with the Orange County Recorder.
SECTION 2: The Mayor shall sign, and the City Clerk shall attest to, the
passage of this Ordinance. This Ordinance shall be published once in the official
newspaper of the City, and it shall become effective thirty (30) days after the date of its
adoption.
SECTION 3: This Ordinance shall not go into effect until the City Council
approves or adopts all of the following: (1) the amendment to the North Newport Center
Planned Community Affordable Housing Implementation Plan; (2) the amendment to
Development Agreement No. DA2007 -002, entitled Amendment to Zoning
Implementation and Public Benefit Agreement Between City of Newport Beach and the
Irvine Company LLC Concerning Addition of Properties and Residential Units to Zoning
Implementation and Public Benefit Agreement (Portions of Newport Center Blocks 100,
400 and 800 and San Joaquin Plaza); and (3) Transfer of Development Intensity No.
TD2012 -002.
SD \847834.1
0
This Ordinance was introduced at a regular meeting of the City Council held on
July 24, 2012, and adopted on August 14, 2012, by the following vote, to wit:
AYES. COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAYOR
ATTEST:
Leilani Brown, City Clerk
APPROVED AS TO FORM,
�OFICE OF CITY ATTORNEY:
Aaron Harp, City Attorney
for the City of Newport Beach
SD \847834.1
7
EXHIBIT "A"
Amendment to North Newport Center Planned Community Development Plan
SDA847834.1
i
North Newport Center
Planned Community
Development Plan
Land Uses,
Development Standards &t
Procedures
Adopted December 18, 2007, Ordinance No. 2007 -20 (PA 2007 -151)
Amended November 24, 2009, Ordinance No. 2009 -28 (PA 2009 -111)
Amended May 24, 2011, Ordinance No. 2011 -16 (PA 2011 -017)
Amended , 2012, Ordinance No. 2012- (PA 2012- )
I
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10
Land Uses, Development Standards & Procedures
Contents
I.
Introduction and Purpose of Development Plan ..................................................
............................... 1
A. Sub -Area Purpose ..............................................................................................
............................... 1
B. Relationship to Municipal Code ........................................................................
.............................10
C. Relationship to North Newport Center Design Regulations .............................
.............................10
II.
Land Use and Development Regulations ...........................................................
............................... 11
A. Permitted Uses .................................................................................................
............................... 11
B. Development Limits ..........................................................................................
.............................12
C. Transfer of Development Rights .......................................................................
.............................13
III.
Site Development Standards ..............................................................................
............................... 15
A. Permitted Height of Structures ..........................................................................
.............................15
B. Setback Requirements .......................................................................................
.............................16
C. Parking Requirements .......................................................................................
.............................18
D. Landscaping ....................................................................................................
............................... 19
E. Lighting .............................................................................................................
.............................19
F. Signs ..................................................................................................................
.............................19
G. Residential Compatibility ..................................................................................
.............................24
H. Residential Open Space Requirements ..............................................................
.............................24
IV.
Planned Community Development Plan Administration ...................................
............................... 25
A. Process for New Structures ...............................................................................
.............................25
B. Process for New Signs .......................................................................................
.............................26
C. Transfer of Development Rights .......................................................................
.............................26
V.
Def initions ............................................................................................................
.............................29
Appendix A — Design Regulations
North Newport Center Planned Community Development Plan i
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21
Land Uses, Development Standards & Procedures
[this page intentionally blank]
North Newport Center Planned Community Development Plan
4/2&/1 - 46/5/12
12
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
I. Introduction and Purpose of Development Plan
The North Newport Center Planned Community district is comprised of seven sub -areas that include
Fashion Island, Block 600 and Block 800 and portions of Block 100, Block 400, Block 500, and San
Joaquin Plaza. The sub -areas that comprise North Newport Center shall be governed by the North
Newport Center Planned Community ( "PC ") Development Plan set forth herein, which includes land
uses, development standards, and administration.
The City of Newport Beach Municipal Code allows a Planned Community Development Plan to
address land use designations and regulations in Planned Communities. The North Newport Center PC
Development Plan serves as the controlling zoning ordinance for the sub -areas identified in the
Planned Community Development Plan and is authorized and intended to implement the provisions of
the Newport Beach General Plan.
A. Sub -Area Purpose
Newport Center is a regional center comprised of major retail, professional office, entertainment,
recreation, and residential development within the City of Newport Beach. The North Newport Center
site comprises approximately 169 acres along San Joaquin Hills Road and Newport Center Drive. The
seven sub -areas that make up the site including Fashion Island (75 acres), Block 100 (10 acres), Block
400 (4 acres), Block 500 (15 acres and a 0.4 -acre open space area at the comer of MacArthur
Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (17 acres), and San Joaquin
Plaza (23 acres) are shown on Figure 1 and are described below.
The General Plan identifies the goal of creating a successful Mixed -Use district that integrates
economic and commercial centers serving the needs of Newport Beach residents and the sub - region,
with expanded opportunities for residential development.
Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining,
and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the
existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant
regional retail and entertainment center and a day /evening destination with a wide variety of uses that
will serve visitors, residents, and employees of the area. Figure 2, Fashion Island Sub -Area, shows the
boundary of Fashion Island.
The Commercial Office blocks include Block 100 (Figure 3), Block 400 (Figure 4) and a portion of
Block 800 also referred to as Pacific Financial Plaza. Block 100 is generally comprised of
administrative and professional offices that serve local and regional markets. Other uses permitted in
the block include limited accessory retail, financial, service and entertainment uses. Block 400 is
generally comprised of commercial office, with medical related offices and retail use. The Pacific
Financial Plaza portion of Block 800 is generally comprised of commercial office and restaurant uses.
The Mixed -Use blocks include Block 500 (Figure 5), Block 600 (Figure 6), and San Joaquin Plaza
(Figure 7). The Mixed -Use blocks are generally composed of administrative, professional, and
financial office uses. Block 600 contains hotel and related ancillary uses. This Development Plan
allows for the diversification of land uses in order to encourage new and original uses consistent with
the Mixed -Use concept as established in the General Plan. Permitted uses for the Mixed -Use blocks
include offices, light general commercial, hotel, residential and other mixed uses in accordance with
the General Plan MU -H3 land use designation. The residential portion of Block 800 (Figure 8) allows
for multi - family residential or senior citizen housing uses. While not categorized as a mixed -use area,
Block 800 contains two distinct uses which are not interchangeable. The northern portion of Block 800
is designated for residential use and the southern portion is commercial office. The boundaries of the
Mixed -Use blocks included in this Development Plan are shown in Figure 5, Block 500 Sub -Area,
Figure 6, Block 600 Sub -Area, and Figure 7, San Joaquin Plaza Sub -Area, respectively.
North Newport Center Planned Community Development Plan 1
4/26/1 -4 6/5/12
2�
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
Figure 1— North Newport Center Planned Community
North Newport Center Planned Community Development Plan
4/2&/1 - 46/5/12
-14
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17
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
■ Planned Community
❑ Not included in Planned Community
7
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Figure 2 — Fashion Island Sub -Area
North Newport Center Planned Community Development Plan 3
4/26/1 -4 6/5/12
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
2�
■ Planned Community
❑ Not included in Planned Community
I NJ
Figure 3 — Block 100 Sub Area
North Newport Center Planned Community Development Plan
4/26/11 6/5/12
10
Q)
Q
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
❑ Planned Community
Not included in Planned Community
nN
Figure 4 — Block 400 Sub Area
North Newport Center Planned Community Development Plan 5
4/26/1 -4 6/5/12 1
17
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
San Joaquin Hills Rd
a01�
\O
a colas Dr
■ Planned Community
Not included in Planned Community
North Newport Center Planned Community Development Plan
4/2&/1 - 46/5/12
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Figure 5 — Block 500 Sub -Area
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
San ✓o
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Newport Cent...O
❑ Planned Community
Not included in Planned Community
[7
Figure 6 — Block 600 Sub -Area
North Newport Center Planned Community Development Plan 7
4/26/1 -4 6/5/12 1
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Q)
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San Joaquin
M
Santa
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
North Newport Center Planned Community Development Plan
4/2&/1 - 46/5/12
Hills Rd
n
N
■ Planned Community
❑ Not included in Planned Community
I
Figure 7 — San Joaquin Plaza Sub -Area
IN
20
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i
spot
a
S
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
San Clemente Drive
Z
❑ Planned Community
❑ Not included in Planned Community
R = Residential
CO = Commercial Office
North Newport Center Planned Community Development Plan
4/26/1 -4 6/5/12
0
Figure 8 - Block 800 Sub -Area
9
�Z
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
B. Relationship to Municipal Code
Whenever the development regulations of this plan conflict with the regulations of the Newport
Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall
regulate this development whenever regulations are not provided within these district regulations. All
words and phrases used in this North Newport Center PC Development Plan shall have the same
meaning and definition as used in the City of Newport Beach Municipal Code unless defined
differently in Section V — Definitions.
The Municipal Code referred to herein for Blocks 500, 600, San Joaquin Plaza, and Fashion Island is
the version of the Code in effect on December 18, 2007 and specifically includes Title 15 of the
Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and
Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of
the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations).
The Municipal Code referred to herein for Blocks 100, 400 and 800 is the version of the Code in
effect on June 5, 2012 and specifically includes Title 15 of the Municipal Code (Buildings and
Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code
(Planning and Zoning) but specifically excluding all other sections of the Municipal Code including
Title 5 of the Municipal Code (Business Licenses and Regulations).
C. Relationship to North Newport Center Design Regulations
Development in North Newport Center shall be regulated by both the Development Plan and the
Design Regulations, which is provided as Appendix A.
North Newport Center Planned Community Development Plan 10
4/2&/1 - 46/5/12
22
Land Uses, Development Standards & Procedures
Section II. Land Use and Development Regulations
Il. Land Use and Development Regulations
A. Permitted Uses
1. General
Permitted uses are those uses set forth in this Section for each sub -area as shown on Table 1. The
uses identified within the table are not comprehensive but rather major use categories. Specific uses
are permitted consistent with the definitions provided in Section V of this Development Plan. Uses
determined to be accessory or ancillary to permitted uses, or residential support uses to permitted
uses are also permitted. The Planning Director may determine other uses not specifically listed
herein, provided they are consistent with the Commercial Office, Regional Commercial, Mixed -Use,
and Residential General Plan districts, the purpose of this Planned Community Development Plan,
and the purpose of the sub -area in which the property is located.
Table 1 - North Newport Center Land Use Regulation Table
Uses
Fashion
Island
Block
100
Block
400
Block
500
Block
600
Block 800
San
Joaquin
Plaza
Commercial
Office
Residential
BankslSavin s and Loans
P
P
P
P
P
P
P
- With drive through services
MUP
MUP
MUP
MUP
MUP
MUP
MUP
Business, Government and Professional
P
P
P
P
P
P
- Emergency Healthcare
P1
P
P
P
P
P
- Management and Leasing Offices
P
P
P
P
P
P
P
- Office, Medical and Dental
P
P
P
P
P
P
- Public Safety Facilities
P
MUP
MUP
P
P
MUP
P
Commercial Recreation and Entertainment
P
UP
UP
MUP
MUP
UP
MUP
Cultural and Institutional
UP
UP
UP
P
P
UP
P
Day Care
P
P1
P1
P
P
P1
P
Day Spas
MUP
MUP2
MUPz
MUP
MUP
MUPz
MUP
Eating and Drinking Establishments
P`
MUP
MUP
P "'
P"
MUP
P"
- Bars /Cocktail Lounges
MUP
UP
UP
UP
UP
UP
UP
Personal Improvement
MUP
MUP
MUP
P
P
MUP
P
- Health /Fitness Clubs
MUP
MUP
MUP
P
P
MUP
P+
P
Personal Services
P
P1
P1
P
P
Pt
P
P
Residential
P
P
P
P
Retail Sales
P
Pi
Pr
P
P
P1
P+
P
- Animal Sales and Services
MUP
MUP
MUP
MUP
- Medical Retail
P
P*+
P ""
P
P
P""
P
Visitor Accommodations
UP
UP
UP
UP
UP
UP
UP
P = Permitted
UP = Use Permit
MUP = Minor use Permit Issued by the Planning Director
1 = Permitted as Accessory/Ancillary Use
2 = In accordance with Chapter 20.87 of the Municipal Code
' = A Minor Use Permit Issued by the Planning Director is required for the sale of alcohol
" =A Use Permit Is required for the Sale of Alcohol
+= Intended for Residential Support Use
+ += Accessory and ancillary medical retail, including those in freestanding structures, shall remain subordinate to principal uses
- -= Not Permitted
North Newport Center Planned Community Development Plan 11
4/26/1 -4 6/5/12 1
23
Land Uses, Development Standards & Procedures
Section II. Land Use and Development Regulations
2. Open Space Corners
The passive landscape areas on the following comers shall be limited to landscaping, and permitted
signage.
San Joaquin Hills Road and Avocado, Avocado and San Nicolas Drive (northwest and
southwest corners), Avocado and San Miguel (northwest), San Joaquin Hills Road and Santa
Rosa Drive (southwest and southeast), San Joaquin Hills Road and Santa Cruz Drive
(southwest and southeast corners), San Joaquin Hills Road and Jamboree Road and San
Joaquin Hills Road and MacArthur Boulevard.
3. Special Events
The general regional Mixed -Use nature of North Newport Center results in a variety of special events
and temporary uses throughout the year. Special community events, such as parades, trade shows, car
shows, pageants, community concerts, outdoor displays, recreation/entertainment events and
temporary structures are permitted within the North Newport Center Planned Community consistent
with the following provisions:
a. If the event takes place on private property within Fashion Island the event is not
regulated so long as it does not displace required parking. Such events must comply
with the City's Municipal Code related to noise control and other pertinent standards.
b. If the event takes place anywhere else within North Newport Center or the public right -
of -way, such events are permitted as long as they comply with the Municipal Code.
B. Development Limits
The development limits in this Development Plan are consistent with those established by the
General Plan and are identified in Table 2 below. Development limits may be modified through the
approval of a Transfer of Development Rights. Carts, kiosks, temporary and support uses are
permitted and are not counted towards square footage development limits.
Table 2 — Development Limits (A)
A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of development rights provision
described in Sections II.0 and IV.0 herein. Transfers may result in increased or decreased development limits, so long as the transfers are
consistent with the General Plan and do not result in greater Intensity than allowed in the Newport Center statistical area. A transfer of
development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport
Center Planned Community.
B. Hotel roams are permitted in Fashion Island through the transfer of development rights.
DC.The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided
the maximum development limit of 121,114 square feet is not exceeded. Transfers have resulted in no remaining intensity in Block 100.
North Newport Center Planned Community Development Plan 12
4126/146/5/12
24
Fashion
San Joaquin
Land Use
Island
Block 100
Block 400
Block 500
Block 600
Block 800
Plaza
Total
Regional
1,619,525 sq.
0
0
0
0
0
0
1,619,525 sq. ft.
Commercial
ft.
Movie
1,700 seats
0
0
0
0
0
0
1,700 seats
Theater
(27,500 sq. ft.)
(27,500 sq. ft.)
Hotel
(B)
0
0
0
295
0
0
295
Residential
0
0
0
430(C)0
(C30
245
524(6}
675769
Office/
0
-0- sq. R.
91,727 sq. ft.
319;684
1387,873
286,166
337,261-
2,413,711 sq. ft.
Commercial
(Do
599 659 sq. ft.
1,340,609 sq,
95 550 sq. ft.
L41
ftu
DI
A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of development rights provision
described in Sections II.0 and IV.0 herein. Transfers may result in increased or decreased development limits, so long as the transfers are
consistent with the General Plan and do not result in greater Intensity than allowed in the Newport Center statistical area. A transfer of
development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport
Center Planned Community.
B. Hotel roams are permitted in Fashion Island through the transfer of development rights.
DC.The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided
the maximum development limit of 121,114 square feet is not exceeded. Transfers have resulted in no remaining intensity in Block 100.
North Newport Center Planned Community Development Plan 12
4126/146/5/12
24
Land Uses, Development Standards & Procedures
Section II. Land Use and Development Regulations
D. Per City Council action on 11/8/11 via resolution 2011 -102, the maximum permitted office /commercial development for Block 500 is 599,659
sq. ft., Block 600 is 1,340,609 sq. Q. and for San Joaquin Plaza is 95,550 sq. R.
1. Fashion Island
The total gross floor area for Fashion Island is 1,619,525 square feet plus the -1,700 seat movie
theater seats. The movie theater building area is equivalent to and may be converted to 27,500 square
feet of retail development. The conversion of the movie theater to retail space shall not require any
additional parking. The gross floor area for Regional Commercial development is the total horizontal
floor area of all floors of a building within the exterior walls thereof, measured in square feet,
exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks,
open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered
entries, covered parking, driveways or loading areas.
2. Mixed -Use Sub -Areas
The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 4524
residential units and 295 hotel rooms are permitted within the Mixed -Use blocks. Residential and
hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the
total enclosed area of all floors of a building measured to the outside face of the structural members
in exterior walls, including halls, stairways, elevator shafts at each floor level, service and
mechanical equipment rooms and basement or attic areas having a height of more than seven feet.
Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts.
Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage.
Development limits for residential uses are based on unit counts, and are not within square footage
limits. Support uses are not included in the square footage development limits and shall not require
parking.
3. Commercial Office Blocks
The maximum development limit for the commercial office blocks is specified in Table 2 above. The
gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to
the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts
at each floor level, service and mechanical equipment rooms and basement or attic areas having a
height of more than seven feet. Excluded are covered porches, walkways and loading docks, service
tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not
counted as square footage. Support uses are not included in the square footage development limits
and shall not require parking.
4. Block 800 Residential
The maximum number of dwelling units for multi - family residential use shall not exceed 245.
C. Transfer of Development Rights
The transfer of development rights among sub -areas of this Planned Community and to /from other
areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in
accordance with the General Plan.
North Newport Center Planned Community Development Plan 13
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Land Uses, Development Standards & Procedures
Section II. Land Use and Development Regulations
Development rights may be transferred through a change in location of use(s) and /or a conversion of
non- residential use to any other non - residential use allowed by the General Plan and this Planned
Community Development Plan or applicable zoning at the receiving site(s). Residential use may be
relocated, but may not be converted to or from another use.
The transfer of development rights shall be approved, as specified in Section IV.0 below, if the
transfer will not result in any adverse traffic impacts and will not result in greater intensity than
development allowed without the transfer.
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
III. Site Development Standards
The following site development standards shall apply to the North Newport Center Planned
Community.
A. Permitted Height of Structures
1. Standards for Allowable Heights
Allowable heights are determined by sub -area. All building heights are measured at finished grade.
Fashion Island: The maximum heights of structures within Fashion Island are depicted in
Table 3, Fashion Island Height Limits.
Table 3 — Fashion Island Height Limits
Building Type
Height
Major Buildings
125'
Mall Buildings
75'
Parking Structures
55'
Periphery Buildings
40'
Block 100: The maximum height of all structures shall be 50 feet as measured from finished
grade.
Blocks 400, 500, and 600: The maximum height of all structures shall be 295 feet as
treasured from finished grade.
Block 800: The maximum height of all structures within the residential portion shall be 200
feet as measured from finished grade. The maximum height of all structures within the
commercial office portion shall be 125 feet as measured from finished grade.
San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65
feet as measured from finished grade.
2. Standards for Buildings Over 200 Feet in Height
a. Aviation Compatibility
Prior to issuance of building permits, the project applicant must demonstrate that the following
conditions have been satisfied. New development shall be required to comply with the following
conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport:
For development of structures that exceed 200 feet in height above ground level at a
development site, applicants shall file a Notice of Proposed Construction or Alteration
with the Federal Aviation Administration (FAA) (FAA Form 7460 -1). Following the
FAA's Aeronautical Study of the project, projects must comply with conditions of
approval imposed or recommended by the FAA. Subsequent to the FAA findings, the
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
City shall refer the project to the Airport Land Use Commission (ALUC) of Orange
County for consistency analysis.
2. No buildings within the North Newport Center Planned Community area shall penetrate
the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for
John Wayne Airport.
3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA
(Form 7460 -1) for any construction cranes that exceed 200 feet in height above ground
level.
b. Shade Standards
Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to
shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the
applicant and submitted to the City. The shade study shall demonstrate that the new development will
not add shade to the designated residential areas beyond existing conditions for more than three hours
between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time, or for more than four hours
between the hours of 9:00 a.m. and 5:00 p.m. Pacific Daylight Time.
The shade study shall be prepared to the satisfaction of the Planning Director and the Planning
Director shall determine conformance with the standards identified herein as part of the plan review
process.
C. Rooftop Appurtenances
Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet.
Rooftop appurtenances shall demonstrate compliance with conditions related to the AELUP for the
John Wayne Airport, consistent with Section III(A)(2)(a). Rooftop appurtenances must be screened
from view; the height of rooftop appurtenances shall not exceed the height of the screening. Supports
for window washing equipment are permitted, and are not required to be screened from view. No
setbacks are required. The Planning Director shall notify the Planning Commission and City Council
if rooftop appurtenances above the height limit are approved, consistent with Section IV(A)(3).
d. Architectural Features
Architectural features are permitted and may exceed the maximum building height up to 20 feet.
Such features must be an extension of the architectural style of the building in terms of materials,
design and color. Architectural features shall demonstrate compliance with conditions related to the
AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). The Planning Director
shall notify the Planning Commission and City Council if architectural features above the height limit
are approved, consistent with Section 1V (A)(3).
B. Setback Requirements
Setbacks for the seven sub -areas are listed below. Setbacks for surface parking must be screened
using hedges, landscaping or other similar methods. Setbacks are the minimum distance from the
property line to building, parking structure, or parking lot, unless otherwise specified. This is not
intended to apply to interior lot lines or property lines.
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
Fashion Island
Newport Center Drive: 10 feet; may be reduced to 0 feet by the Planning Director
through the plan review process.
Block 100
Newport Center Drive: 15 feet
Anacapa Drive: 15 feet
Farallon Drive: 15 feet
Block 400
Newport Center Drive: 15 feet
San Nicolas Drive: 15 feet
Block 500
Newport Center Drive: 15 feet
Santa Rosa: 15 feet
San Joaquin Hills: 15 feet
San Nicolas: 15 feet
Block 600
Newport Center Drive: 15 feet
Santa Cruz: 15 feet
San Simeon: 15 feet — setbacks for parking structure access points may be reduced by
the Planning Director through the plan review process
San Joaquin Hills: 15 feet — setbacks for parking structure access points may be
reduced by the Planning Director through the plan review process
Santa Rosa: 15 feet
Center Drive (e /w): 0 feet
Center Drive (n/s): 0 feet
Block 800
Newport Center Drive: 15 feet
Commercial office buildings shall be set back 15 feet from Block 800 residential
Commercial office parking lots and parking structures shall be set back 5 feet from
Block 800 residential
Santa Barbara Drive: 15 feet
San Clemente Drive: 15 feet
Santa Maria Road: 0 feet
San Joaquin Plaza
San Joaquin Hills: 15 feet
Santa Cruz: 15 feet
San Clemente: 15 feet
Santa Barbara: 15 feet
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
C. Parking Requirements
1. General Standards
Parking requirements are based on gross floor area (as defined in the Development Limits for
Fashion Island) for regional commercial uses, net floor area for office /commercial uses, and unit
counts for hotel rooms and residential units. Kiosks for retail sales, covered or uncovered, shall not
be included in the calculation of required parking. Accessory, ancillary, and support uses for hotel
and residential developments shall not be included in the calculation of required parking. Kiosks and
sundry shops serving tenants, including accessory, ancillary and support uses less than 5 percent of
the gross floor area, are not counted as square footage and do not require parking. Parking
management or engineering offices located in parking structures are counted as square footage and
require parking.
Parking requirements for North Newport Center are shown below on Table 4, North Newport Center
Parking Requirements.
Table 4 - North Newport Center Parking Requirements
Land Use
Parking Requirement
Regional Commercial
3 spaces per 1,000 square feet'
Movie Theater
3 spaces per 1,000 square feet
Office
1 space per 375 square feet
Medical Office
Municipal Cade
Hotel
Municipal Cade
Residential
2 spaces per unit includes 1 covered; plus 0.5 spaces per unit up
to 50 units, then 0.25 spaces per unit thereafter for guest parking
Other
Municipal Code
For office uses in San Joaquin Plaza, a parking management plan shall be required to utilize the
parking ratios identified in Table 4 to demonstrate provision of adequate parking. If a parking
management plan is not prepared for office uses in San Joaquin Plaza, parking shall be provided per
the Municipal Code. Parking for Block 100, Block 400, and Block 800 Commercial Office shall be
provided per the Municipal Code. Parking for Block 800 Residential shall be provided at 2 parking
spaces per unit including 1 covered; plus 0.5 spaces per unit for guest parking.
2. Valet Parking
Valet parking and satellite parking with shuttle service that involves use of the public right -of -way
shall require approval by the City Traffic Engineer.
3. Parking Management Plan
Parking management plans may be prepared if the applicant wishes to deviate from the parking
standards identified above.
Parking management plans may address issues such as modified parking requirements based upon
complimentary peak hour demand of uses, off peak shared parking between sub - areas, drop off and
' The parking requirement during the peak seasonal period is 4 spaces per 1,000 square feet per an existing parking management plan.
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
valet services on private property, and tandem parking. The parking management plan shall take into
account properties that are not part of the Planned Community district, but that are served by parking
located within the district, and shall ensure that no detrimental effects to the existing parking for such
properties occur. Parking management plans shall be prepared by an independent traffic engineer at
the applicant's expense. Parking management plans shall be approved by the City Traffic Engineer
prior to the issuance of building permits.
D. Landscaping
Landscaping shall be installed subject to the following standards and maintained in a healthy, weed -
free condition, free of litter and so as not to interfere with traffic safety
Surface Parking Lot Landscaping: Parking lots shall be landscaped at a minimum of
1 tree per 5 parking spaces. The minimum size of trees shall be 24 -inch box.
2. Water Conservation: Satellite linked irrigation controllers or appropriate best manage-
ment practices shall be incorporated into landscape design for new construction.
E. Lighting
Parking lots and walkways accessing building and parking areas shall be illuminated with a minimum
maintained 0.5 foot - candle average on the driving or walking surface during the hours of operation
and one hour thereafter. If the applicant wishes to deviate from this lighting standard, a lighting plan
may be prepared by the applicant and submitted to the Planning Director for review and approval.
Indirect, decorative halo banding along the top of buildings is permitted.
F. Signs
1. General Sign Standards
All permanent and temporary signs in North Newport Center that are visible from public right -of-
ways and public property shall be consistent with the provisions of these sign standards, unless
otherwise approved by the Planning Director. All permanent and temporary signs that are not visible
from public right -of -ways are not limited in quantity, size, location, or design. Sign illumination is
permitted for all sign types.
Wall signs that are visible from public right -of -ways must consist of individual fabricated letters; or
routed -out letters in an opaque background. Enclosed "box" or "can" signs are not permitted, unless
they are logos.
All commercial uses are permitted to place at each entry an incidental sign located at or below eye
level to be visible to pedestrians, and shall not exceed six square feet.
In addition to other signs permitted in this section, signs used to give direction to vehicular or
pedestrian traffic are permitted. Directional signs oriented to vehicular or pedestrian traffic within
internal drives or walkways of a development block are not regulated. Directional signs oriented to
vehicular or pedestrian traffic in the public right of way are regulated as follows. Sign content shall
not be limited. Signs shall be subject to the review of the City Traffic Engineer to ensure adequate
sight distance in accordance with the provisions of the Municipal Code. Directional signs are limited
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
to a maximum of 10 square feet in size but are not limited in quantity, location, or design. Temporary
signs that are intended to be displayed for 60 days or less are permitted for purposes related to special
events, holiday activities, and store openings. Detailed standards for temporary signs are contained
below.
A comprehensive sign program may be prepared if the applicant wishes to deviate from the sign
standards identified herein. Comprehensive sign programs shall be submitted for review and
consideration in accordance with the provisions of the Municipal Code. Sign programs in place prior
to this writing including the Island Hotel and Leasing Sign Programs shall remain in place.
2. Restricted Sign Types
Signs visible from public right -of -ways are subject to the following restrictions:
a. No rotating, flashing, blinking, or signing with animation shall be permitted on a
permanent basis.
b. No signs shall be permitted which imitate or resemble official traffic signs or signals.
C. No wind signs or audible signs are permitted.
Animated signs visible from public streets are not allowed unless otherwise permitted by the
Municipal Code.
3. Sign Standards for Fashion Island
In addition to the general sign standards identified above, specific sign standards for Fashion Island
are provided in Table 6, Fashion Island Sign Standards below.
Table 6 — Fashion Island Sign Standards
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Maximum Letter/
Sign Type
Location
Maximum Number
Maximum Sign Size
Logo Height
Shopping Center
Each vehicle entry drive location
2 per entry drive (one
100 square feet
9 feet
Identification Sign
on each side)
10 feet high
Major Tenant Sign
Exterior walls or parapets of
1 sign per building
Determined by name
10 feet
buildings
elevation (maximum 4
of tenant; letter /logo
signs for each major
height not to exceed
tenant)
10 feet
Freestanding
Exterior walls or parapets of
1 sign per building
Determined by name
3 feet
Commercial
buildings
elevation (maximum 4
of tenant; letter /logo
signs for each building
height not to exceed 3
or structure)
feet
Monument
1 per building
50 square feet
4.5 feet
5 feet high
Tenant Sign
Exterior elevations of shopping
1 sign per tenant, per
1 square foot per each
10 feet
center and parking structures
building elevation
lineal foot of storefront
facing Newport Center Drive
(not to exceed 100
square feet)
Theater Signs
Facing Newport Center Drive
1
300 square feet
Theater name:
(exterior wall or parapet of
20 feet high
5 feet
building which theater occupies,
Each show title:
free standing, or on adjacent
3 feet high
parking structure)
15 feet wide
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
4. Sign Standards for Mixed -Use and Commercial Office Blocks
In addition to the general sign standards identified above, specific sign standards for the Mixed -Use
blocks, Block 100, Block 400, and Block 800 are provided in Table 7 below.
Primary building address numbers shall be visible from the street (and /or pedestrian walkways in the
case of necessity), and be located on the building so that they are visible from adjacent frontage roads
and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which
have their primary address numbers on the cubes along Newport Center Drive. Secondary address
signs may be located where appropriate for on -site orientation and safety. All address signs shall
have a consistent color, design, and material for any given building. A single letter style is
recommended.
Table 7 — Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza
Maximum Letter/
Sign Type
Location
Maximum Number
Maximum Sign Size
Logo Height
Store Address
Each entry to store
1 per store entry
6 square feet
12 inches
Entry Marker Signs
To be approved by Planning
7 signs
36 square feet (with 2-
2 feet
Santa Rosa Drive
Director
15 feet high
foot overhang)
sign located at
at San Joaquin Hills Road
(1 per corner)
15 feet high
4. Sign Standards for Mixed -Use and Commercial Office Blocks
In addition to the general sign standards identified above, specific sign standards for the Mixed -Use
blocks, Block 100, Block 400, and Block 800 are provided in Table 7 below.
Primary building address numbers shall be visible from the street (and /or pedestrian walkways in the
case of necessity), and be located on the building so that they are visible from adjacent frontage roads
and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which
have their primary address numbers on the cubes along Newport Center Drive. Secondary address
signs may be located where appropriate for on -site orientation and safety. All address signs shall
have a consistent color, design, and material for any given building. A single letter style is
recommended.
Table 7 — Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza
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Maximum
Sign
Maximum Sign
Letter /Logo
Type
Description
Location
Maximum Number
Size
Height
A
Large cube or blade
Santa Rosa Drive
2
15 feet high
24 inches
sign located at
at San Joaquin Hills Road
(1 per corner)
15 feet wide
Santa Cruz Drive
2
15 feet high
24 inches
entries to Newport
Center
at San Joaquin Hills Road
(1 per corner)
15 feet wide
Block 500:
1
15 feet high
24 Inches
at San Joaquin Hills Road / Avocado
15 feet wide
Block 500:
1
15 feet high
24 inches
at San Nicolas / Avocado
15 feet wide
MacArthur Boulevard
1
15 feet high
24 inches
at San Joaquin Hills Road
15 feet wide
San Joaquin Plaza:
1
15 feet high
24 inches
at Jamboree / San Joaquin Hills Road
15 feet wide
B
Small cube located
San Nicolas Drive
2
5 feet high
5 inches
along Newport
at Newport Center Drive
(1 per corner)
5 feet wide
Newport Center Drive
2
5 feet high
5 inches
Center Drive
and Santa Rosa
(1 per corner)
5 feet wide
Block 600:
5
5 feet high
5 inches
Along Newport Center Drive
5 feet wide
Block 800:
1
5 feet high
5 inches
Newport Center Drive and
5 feet wide
Santa Maria Road
C
Other Freestanding
Block 100
1 per frontage
5 feet high
10 inches
Signs
10 feet wide
Block 400:
Avocado at San Miguel
2
5 feet high
13 inches
Along San Nicolas
1
6 feet wide
Between 500 and 550 Newport Center
1
4 feet high
18 inches
Drive
12 feet wide
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
North Newport Center Planned Community Development Plan 22
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Maximum
Sign
Maximum Sign
Letter /Logo
Type
Description
Location
Maximum Number
Size
Height
Block 600:
2
7 feet high
18 inches
Along Santa Cruz Drive
22 feet wide
Block 800:
1
5 feet high
14/24 inches
Along Santa Barbara Drive
25 feet wide
1
3.5 feet high
20 inches
10 feet wide
Santa Cruz Drive
1
15 feet high
24 inches
at Newport Center Drive
15 feet wide
San Joaquin Plaza:
1 each
6 feet high
5112 inches for
Along San Joaquin Hills Road; Santa
(3 signs along
12 feet wide
Tenant ID;
Cruz Drive;
San Clemente Drive)
18 inches for
San Clemente Drive
Project ID
San Clemente Drive
1
5 feet high
18 inches
at Santa Cruz Drive
12 feet wide
San Clemente Drive
1
5 feet high
18 inches
at Santa Barbara
16 feet wide
D
Block 400:
1
Determined by
18 inches
Signs mounted on landscape
walls (includes ground
mounted signs in front of
landscaping and landscape
walls)
facing Newport Center Drive
name of tenant;
letter /logo height
not to exceed 18
inches
Block 500:
facing Newport Center Drive
4
Determined by
name of tenant;
26 inches
letter /logo height
not to exceed 26
Inches
Block 600:
2 facing San Joaquin
Determined by
18 inches
facing streets
Hills;
name of tenant;
5 facing Newport
letter /logo height
Center Drive;
not to exceed 18
1 facing Santa Rosa
inches
Block B00:
2
Determined by
36 inches
at San Clemente project entry
name of tenant;
letter /logo height
not to exceed 36
inches
Block 800:
1
Determined by
Winches
at San Clemente / Santa Barbara
name of tenant;
letter /logo height
not to exceed 36
inches
Block 800
1
Determined by
40 inches
Along Newport Center Drive
name of tenant;
letter /logo height
not to exceed 40
Inches
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
5. Temporary Signs
The following standards are intended to produce consistent sign design for temporary signs within
Newport Center. Temporary signs are to identify a future site or project; or a facility under develop-
ment or offered for lease. Temporary signs that are visible from public right -of -ways and identify
new construction or remodeling may be displayed for the duration of the construction period beyond
the 60 -day limit. Signs mounted on a construction fence are allowed during construction and may be
rigid or fabric. The top of the sign must be no greater than 20 feet above grade.
Maximum Number: One (1) temporary sign is permitted on a site for each frontage street,
up to two (2) signs per building, but not at the same corner of the building.
Type: Single- or double -faced ground signs or wall signs.
Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall
signs, they must be located below the sill of second floor windows.
Design: Rectangular shape; rigid, permanent material; not fabric.
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Maximum
Sign
Maximum Sign
Letter /Logo
Type
Description
Location
Maximum Number
Size
Height
E
Building Sign
On building elevation, awning or
2 per Primary Tenant
Determined by
Primary
parking structure
1 per Secondary
name of tenant;
Tenant -
Tenant
letter /logo height
24 inches
3 for restaurants
not to exceed:
Secondary
Primary 24 inches,
Tenant -
Secondary 16
16 inches
inches
Restaurant:
Restaurant: 40
40 inches
inches high
F
Building Address
On building elevation
1 each
24 inches high
24 inches
(additional address
signs may be located
where appropriate for
on -site orientation)
G
Freestanding
Santa Rosa Drive at Newport Center
1 each
8 feet high
18 inches
Building Address
Drive; San Nicolas Drive at Newport
6 feet wide
Center Drive; Santa Cruz at Newport
Center Drive;
San Joaquin Hills Road
2
28 inches
H
Advisory Signs
Parking Lots and
As appropriate for
6 feet high
As required by
Entries to Parking Lots
safety and orientation
Fire
Department or
Building Code
for safety
purposes
I
Drive Through
Drive Throughs
1 per tenant per
8 feet wide
15 inches
Signs
elevation, up to 2 on
walls of structure
J
Apartment Leasing
Block 800
1 per frontage
5 feet high by 3
24 inches
Signs
feet wide panel on
post
K
Office Leasing
Blocks 100, 400, 500, 600, 800 and
1 per frontage
4.5 feet high by 5
7 inches
Signs
San Joaquin Plaza
feet wide
5. Temporary Signs
The following standards are intended to produce consistent sign design for temporary signs within
Newport Center. Temporary signs are to identify a future site or project; or a facility under develop-
ment or offered for lease. Temporary signs that are visible from public right -of -ways and identify
new construction or remodeling may be displayed for the duration of the construction period beyond
the 60 -day limit. Signs mounted on a construction fence are allowed during construction and may be
rigid or fabric. The top of the sign must be no greater than 20 feet above grade.
Maximum Number: One (1) temporary sign is permitted on a site for each frontage street,
up to two (2) signs per building, but not at the same corner of the building.
Type: Single- or double -faced ground signs or wall signs.
Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall
signs, they must be located below the sill of second floor windows.
Design: Rectangular shape; rigid, permanent material; not fabric.
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface;
not overlapping glass or wall surface.
Duration: Signs may exist from the time of lease or sale of the parcel until the construction
and /or leasing of the facility is complete.
G. Residential Compatibility
In keeping with the purpose of Fashion Island and the Mixed -Use sub - areas, permitted uses in North
Newport Center include uses and events that have the potential to generate noise. Due to the
day /evening use of Fashion Island in particular, noise generating activities, lighting, odors from
restaurants, and similar occurrences are produced and take place during all hours of operation. Such
uses and events are required to comply with the City's Municipal Code regulating these uses.
Disclosures shall be made to prospective buyers /tenants of residential developments that there is an
expectation for noise levels higher than in typical suburban residential areas as part of the Mixed -Use
concept within North Newport Center. Additionally, the disclosure shall indicate that there is an
expectation for lighting, odors and similar occurrences in a Mixed -Use setting as compared to
suburban residential areas.
H. Residential Open Space Requirements
The following open space standards shall apply to residential development projects:
1. Common Outdoor Open Space
Each project shall provide common outdoor open space either at grade, podium level, or roof level.
Common outdoor open space areas shall have a minimum dimension of 30 feet and may contain
active and/or passive areas and a combination of hardscape and landscape features, but a minimum of
10 percent of the common outdoor open space must be landscaped. All common outdoor open space
must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor
open space based on the residential lot area.
2. Common Indoor Space
Each project shall provide at least one community room of at least 500 square feet for use by all
residents of the project. The area should be located adjacent to, and accessible from, common
outdoor open space. This area may contain active or passive recreational facilities or meeting space,
and must be accessible through a common corridor.
3. Private Open Space
At least 50 percent of all dwelling units shall provide private open space, on a balcony, patio, or roof
terrace, with a minimum area of 30 square feet each and an average horizontal dimension of 6 feet.
Balconies should be proportionately distributed throughout the project in relationship to floor levels
and sizes of units. For any project 8 acres or larger, open space shall be provided in accordance with
the General Plan.
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Land Uses, Development Standards & Procedures
Section IV. Planned Community Development Plan Administration
IV. Planned Community Development Plan Administration
A. Process for New Structures
1. Purpose and Intent
The purpose of the Plan Review process is to provide for review of development proposals for new
structures within the North Newport Center Planned Community district. Prior to the issuance of a
building permit, all development proposals shall be subject to a Plan Review by the Planning
Director for review to determine compliance with the Planned Community Development Plan and
North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary
structures and uses are exempt from this provision.
2. Submittal Contents
Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough
review of the relationships between uses on the site and on adjacent sites consistent with the
Development Plan and the Design Regulations. At the discretion of the Planning Director, the
requirements for submittal of a Plan Review may be altered from those set forth below when the
Director determines that other information will be sufficient to allow a thorough review of the project
by the approving authority.
Submittals for Plan Review shall include plans that contain the following elements in addition to the
City's submittal requirements for plan check:
a. Existing Conditions including adjacent structures and proposed improvements
b. Floor Plans
C. Elevations that clearly demonstrate the architectural theme of each face of all
structures, including walls and signs, illustrating the following:
1) All exterior materials
2) All exterior colors
3) Building heights
d. Parking management plan (where applicable)
e. Preliminary Landscape Plan, illustrating:
1) General location of all plant materials, by common and botanical names
2) Size of plant materials
3) Irrigation concept
f Lighting Plan, including: locations, fixture height, lighting fixture product type and
technical specification
g. Permitted and proposed floor area, number of hotel rooms, theater seats, and/or
residential units
h. Statement of consistency with the General Plan, Planned Community Development
Plan and Design Regulations
i. Any additional background and supporting information, studies or materials that the
Planning Director deems necessary for a clear representation of the projects
j. Shade analysis if required
k. Open Space Plans for residential projects
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Land Uses, Development Standards & Procedures
Section IV. Planned Community Development Plan Administration
3. Review and Action
Submittals shall be reviewed by the Planning Director, and the Planning Director shall approve the
project if he /she makes the following findings:
a. The proposed use and/or development is consistent with the General Plan.
b. The proposed use and/or development is consistent with the North Newport Center PC
Development Plan and Design Regulations.
The Planning Director shall notify the Planning Commission and City Council if deviations from the
height limit are approved. The Planning Director action is the final action unless appealed in
accordance with the Municipal Code.
B. Process for New Signs
Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall
be reviewed for consistency with the Development Plan and Design Regulations.
C. Transfer of Development Rights
The following procedure shall be used for the transfer of development rights.
The project applicant shall submit an application to the Planning Director, which
identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be
relocated, and the sending and receiving sites. If the requested transfer includes the
conversion of non - residential uses, the application shall also identify the quantity of
entitlement, by use category, before and after the transfer.
2. The City Traffic Engineer shall perform a traffic analysis to determine the total number
of PM peak hour trips that would be generated by development allowed with and
without the transfer. Trip generation rates shall be based on standard trip generation
values in the current version of ITE's "Trip Generation," unless the Traffic Engineer
determines that other rates are more valid for the uses involved in the transfer.
3. Depending on the location of the sending and receiving sites, the Traffic Engineer may
determine that a more detailed traffic analysis is required to determine whether adverse
traffic impacts will result from the transfer. This analysis shall demonstrate whether
allowed development, with and without the transfer, would either cause or make worse
an unsatisfactory level of service at any primary intersections for which there is no
feasible mitigation. This analysis shall be consistent with the definitions and procedures
contained in the Traffic Phasing Ordinance of the Municipal Code, except that
"unsatisfactory level of service" shall be as specified in the General Plan.
4. If the transfer request involves the conversion of uses, the Planning Director shall
perform a land use intensity analysis to determine the floor area that could be developed
with and without the transfer. For purposes of this analysis, theater use shall be
allocated 16.1765 square feet per seat. Hotel use shall be allocated the number of
square feet per room at which it is included in the General Plan. When the General Plan
does not specify intensity for hotel rooms, it shall be as determined by the Planning
Director.
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Section IV. Planned Community Development Plan Administration
5. Applications for transfer of development rights shall be considered by the City Council
as a ministerial action. The City Council shall approve a transfer of development rights
if it finds that the transfer will result in no more trips and no greater intensity of land
use than the development allowed without the transfer. In addition, if the traffic study
in Subsection c. is required, the City Council shall approve the transfer if it results in no
greater traffic impact than the development allowed without the transfer.
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Section V. Definitions
V. Definitions
All words and phrases used in this North Newport Center PC shall have the same meaning and
definition as used in the City of Newport Beach Municipal Code unless defined differently in this
section.
Architectural Features: A visually prominent or formally significant element of a building
which expressed its architectural language and style in a complementary fashion.
Architectural features should be logical extensions of the massing, details, materials and color
of the building which complement and celebrate its overall aesthetic character.
Advisory Sign: Any sign that contains directional or safety information; does not contain
advertisements.
Audible Signs: Any sign that uses equipment to communicate a message with sound or
music.
Banks /Savings & Loans: Establishments that provide a full range of retail banking and
mortgage loan services to individuals and businesses. Includes only those institutions
engaged in the on -site circulation of cash money. Also includes businesses offering check -
cashing services. Drive - through or drive -up service included.
Bars and Cocktail Lounges: Establishments engaged in selling or serving alcoholic
beverages for consumption on the premises or establishments having any of the following
characteristics:
Licensed as a "public premises" by the California Department of Alcoholic
Beverage Control.
Provides an area for serving alcoholic beverages that is operated during hours not
corresponding to regular meal service hours. Food products sold or served
incidentally to the sale or service of alcoholic beverages shall not be deemed as
constituting regular food service.
Building Elevation: The exterior wall surface formed by one (1) side of the building.
Building Height: Building height is measured from the corresponding point on the roof to
the exterior finished grade. If the building is on a sloping surface, the height measurement is
taken from the building entrance. Exceptions include but are not limited to below grade
parking structure entrances, motor courts, and retaining walls. See Graphic 1 on page 34.
Business, Government and Professional: Offices of firms, individuals or organizations that
provide professional, executive, management or administrative services (e.g., architectural,
engineering, government, insurance, investment, legal, planning). Includes administrative,
clerical or public contact offices of a government agency, including incidental storage and
maintenance of vehicles. Support retail and service uses also allowed.
Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales
and services. Generally mobile in terms of ease of relocation, the structures can be seasonal,
temporary or for a more permanent use.
Commercial, Recreation and Entertainment: Establishments providing participant or
spectator recreation or entertainment, either indoors or outdoors, for a fee or admission
charge. Illustrative examples of these uses include:
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Land Uses, Development Standards & Procedures
Section V. Definitions
arcades or electronic games centers having three or more coin - operated game
machines
bowling alleys
billiard parlors
cinemas
ice /roller skating rinks
live entertainment
pool rooms
tennis /racquetball courts
theaters
Cultural Institutions: Public or private institutions that display or preserve objects of
community, or cultural interest in one or more of the arts or sciences.
Day Care: Non- medical care and supervision of children or adults on a less than 24 hour
basis, including nursery schools, preschools, and day care centers.
Day Spas: Establishments that specialize in the full complement of body care including, but
not limited to, body wraps, facials, pedicures, make -up, hairstyling, nutrition, exercise, water
treatments and massage which is open primarily during normal daytime business hours and
without provisions for overnight accommodations.
Department Store: A store selling a wide variety of goods or services arranged in several
departments.
Eating and Drinking Establishments: Establishments engaged in serving prepared food or
beverages for consumption on or off the premises.
Emergency Health Care: Establishments that provide emergency medical service with no
provision for continuing care on an inpatient basis.
Entry Marker Sign: Sign used to provide information on activities and events, as well as
advertise stores and shops within a shopping center.
Eye Level: The height of 5 feet measured from grade.
Freestanding Commercial: Any building with a commercial use which is separated from
other commercial uses by parking and/or streets.
Internal Pedestrian Street: Any walkway, path, plaza, arcade or corridor, either covered or
open to the sky, which is primarily for use by people on foot and is not adjacent to the
frontage road or common parking areas.
Major Building: A mall building over 50,000 square feet.
Major Tenant: A store or restaurant having a minimum of 10,000 square feet of floor space,
which is located within or between other commercial buildings.
Mall Building: Retail buildings where stores front a pedestrian walkway, which may be
enclosed or open.
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Land Uses, Development Standards & Procedures
Section V. Definitions
Medical Retail: Sales of medical goods or services that are retail oriented. Illustrative
examples of these uses include:
eye exam, eyeglass /contact lens sales
skin treatments
body scanning
dental enhancement treatments
Minor Use Permit: Use permit issued by the Planning Director.
Monument Sign: Any sign that is supported by its own structure and is not part of or
attached to any building.
Parking Structure: Structures containing more than one story principally dedicated to
parking. Parking structures may contain accessory, ancillary and resident support uses.
Periphery Building: Building located along the ring of Fashion Island adjacent to Newport
Center Drive.
Personal Improvement: Includes those services that are personal and that promote the
health and well -being of an individual.
Personal Services: Establishments that provide recurring services of a personal nature.
Illustrative examples of these uses include:
barber and beauty shops
clothing rental shops
dry cleaning pick up store with limited equipment
dry cleaning with no on -site equipment
home electronics and small appliance repair
postal services
locksmiths
self - service laundries
shoe repair shops
tailors and seamstresses
tanning salons
printing & duplicating
travel agencies /services
nail salon
Podium Level:A superposed terrace conforming to a building's plan, a continuous pedestal;
a level of vertical segregation linking separate areas.
Primary Tenant: The largest tenant of a building.
Project Identification Sign: A free- standing (single or double faced) monument sign
containing the project name.
Public Safety Facilities: Police, fire, paramedic and emergency service facilities.
Regional Commercial Gross Floor Area: Refer to Section I1.B.1 above.
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Section V. Definitions
Residential: An area within a structure on a parcel that contains separate or independent
living facilities for one or more persons, with area or equipment for sleeping, sanitation or
food preparation.
Retail Sales: Stores and shops which sell various lines of merchandise for profit. This
includes the sales of non - durable and durable goods to customers. Illustrative examples of
these stores and lines of merchandise include:
antiques
appliances
artists supplies
automotive accessories (no installation)
animal sales and services
bakeries
bicycles
books
cameras and photographic supplies
carpeting and floor covering
clothing and accessories
convenience markets /stores
department stores
drug and discount stores
dry goods
electronic equipment (including automotive installation)
food and beverages
gift shops
handcrafted items
hardware
hobby materials
jewelry
real estate information center
luggage and leather goods
medical supplies and equipment
musical instruments, parts and accessories
office supplies
paint and wallpaper
pharmacies
shoe stores
specialty shops
sporting goods and equipment
supermarkets
tobacco
toys and games
Rooftop Appurtenance: Rooftop appurtenances include, but are not limited to, mechanical
equipment, stairwell and elevator shaft housing, antennae, window washing equipment, and
wireless communication facilities. See Graphic 1 on page 34.
Secondary Tenant: A small tenant; not the primary tenant of an office building.
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Land Uses, Development Standards & Procedures
Section V. Definitions
Senior Citizen Housing: A residential development for senior citizens (i.e., persons 55 years
of age or older) that has at least 35 dwelling units and conforms to Civil Code 513(b)(4).
Service Tunnels: A corridor limited to access for building supply and maintenance personnel
and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not
intended for customer circulation or access, and not for use as storage or office space.
Sign: Any media, including their structure and component parts which are used or intended
to be used out -of -doors to communicate information to the public.
Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images
composing the sign.
Sign Face: The physical plane and /or surface upon which the working or images are applied.
Sign Letter: The individual symbols of the alphabet used in forming the words of a message.
Shopping Center Identification Sign: A monument sign identifying a shopping center.
Support Uses: Uses within residential developments, offices and hotels, and parking
structures designed, oriented, and intended to primarily serve building occupants. This
includes uses such as dry cleaners, coffee vendors, and sundry shops. Such uses must be
consistent with the pertinent regulations in Table 1.
Tenant Sign: Any permanent sign of an establishment that is located on or attached to the
storefront elevation, a covered walkway, or an awning for the purpose of communicating the
name of the tenant.
Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of
cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or
without frames, intended to be displayed for a limited period of time.
Theater Sign: Any permanent sign used to communicate to the public the name of a theater
and the show(s) or movie(s) that are offered.
Vehicle Entry: Any intersection points along the public right -of -way that provide access for
automobiles.
Visitor Accommodations: Establishments offering lodging rooms, including bed and
breakfasts, inns, hotel, and motels. Incidental support facilities are included within these uses.
Wind Sign: A series of similar banners or objects of plastic or other light material more than
2 inches in diameter which are fastened together at intervals by wire, rope, cord, string or by
any other means, designed to move and attract attention upon being subjected to pressure by
wind or breeze.
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Land Uses, Development Standards & Procedures
Section V. Definitions
I IT, IdlwyK[rNAt9 =10"N1.pFy=1 dI=k%N ,:IMyi401q
,RAPET
SPACE
NOTE: In no instance shall any part of the building, including rooftop appurtenances
or architectural features, penetrate the FAA (Part 77) imaginary obstruction surface for
John Wayne Airport.
Graphic 1, Example of Building Height and Rooftop Appurtenances
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Land Uses, Development Standards & Procedures
Appendix— Design Regulations
NORTH
NEWPORT CENTER
DESIGN
REGULATIONS
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1. Introduction ..........................................................................................................
............................... 1
A. Purpose of Design Regulations .........................................................................
............................... 1
B. Newport Center Design Framework ..................................................................
............................... 1
C. North Newport Center ........................................................................................
..............................4
II. Design Regulations ..............................................................................................
............................... 7
Usingthese Regulations ..............................................................................................
............................... 7
A. Building Location and Massing ........................................................................
............................... 7
1. Site Planning Elements ...........................................................................
............................... 7
2. Building Envelope ..................................................................................
............................... 9
3. Building Character and Style ..................................................................
............................... 9
4. Building Materials and Colors ..............................................................
............................... 12
5. Parking Structures ...................................................................................
.............................12
B. Landscape ..........................................................................................................
.............................13
1. Overall Landscape .................................................................................
............................... 13
2. Perimeter and Street Landscape ..............................................................
.............................14
3. Parking Lot Landscape ............................................................................
.............................15
4. Internal Landscape ..................................................................................
.............................16
C. Circulation .........................................................................................................
.............................16
1. Streets and Pedestrian Activity ...............................................................
.............................16
2. Service and Emergency ...........................................................................
.............................20
3. Parking Lots ............................................................................................
.............................21
D. Orientation and Identity ....................................................................................
.............................22
1. Gateways and Entrances .........................................................................
.............................22
2. View Corridors ........................................................................................
.............................23
3. Landmarks ...............................................................................................
.............................24
4. Signage ....................................................................................................
.............................25
5. Lighting ...................................................................................................
.............................36
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Appendix — Design Regulations
I. Introduction
A. Purpose of Design Regulations
The Design Regulations expand upon the regulations set forth in the Planned Community
Development Plan. The Design Regulations are intended to be used for reference by the City of
Newport Beach as part of the plan review process. It is recognized that North Newport Center
will be built and redeveloped over time and that not all regulations may be achieved nor are
applicable for any given project.
All new commercial and residential development shall be subject to the North Newport Center
Design Regulations. Review for compliance of projects under this section shall occur through
the plan review process, as defined in the Development Plan, prior to building permit issuance.
B. Newport Center Design Framework
Newport Center is a 600 -acre master planned area. Development within Newport Center began
in the 1960s and generally has followed the following guiding principles:
1, Strong physical urban design framework which provides structure and character yet
allows flexibility
2. Synergistic mix of land uses, market driven to insure economic vitality
3. Balanced and dispersed auto access
4. Organized in "blocks" and districts to break down scale and provide identity
5. Pedestrian Orientation
6. Building massing that responds to topography, with taller buildings located along San
Joaquin Hills Road
7. Unifying architectural and landscape character
Aerial view of bluff (circa 1960)
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Early Newport Center Planning Diagrams and Sketches (circa 1960)
The design regulations provide standards that govern future development so that, to the extent
feasible, the initial design framework is carried forward and the design and development
policies from the Land Use Element of the General Plan are implemented.
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Appendix — Design Regulations
General Plan Policies
Newport Center
The following policies from the Land Use Element are for Newport Center as a whole.
Development within North Newport Center should contribute toward the policies whenever
possible.
• Development Scale; Reinforce the original design concept for Newport Center by
concentrating the greatest building mass and height in the northeasterly section along
San Joaquin Hills Road, where the natural topography is highest and progressively
scaling down building mass and height to follow the lower elevations toward the
southwesterly edge along East Coast Highway.
• Urban Form: Encourage that some new development be located and designed to orient
to the inner side of Newport Center Drive, establishing physical and visual continuity
that diminishes the dominance of surface parking lots and encourages pedestrian
activity.
• Pedestrian Connectivity and Amenity: Encourage that pedestrian access and uses
within the district be improved with additional walkways and streetscape amenities
concurrent with the development of expanded and new uses.
• Fashion Island Architecture and Streetscape: Encourage that new development in
Fashion Island complement and be of equivalent or higher design quality than existing
buildings. Reinforce the existing promenades by encouraging retail expansion that
enhances the storefront visibility to the promenades and provides an enjoyable retail
and pedestrian experience. Additionally, new buildings shall be located on axes
connecting Newport Center Drive with existing building to provide visual and physical
connectivity with adjoining uses, where practical.
Mixed -Use District and Neighborhood
The following policies from the Land Use Element are City -wide in orientation. Development
within North Newport Center should contribute toward the policies whenever possible.
• Mixed -Use Buildings: Require that Mixed -Use buildings be designed to convey a high
level of architectural and landscape quality and ensure compatibility among their uses
in consideration of the following principles:
- Design and incorporation of building materials and features to avoid conflicts
among uses, such as noise, vibration, lighting, odors, and similar impacts
- Visual and physical integration of residential and non - residential uses
- Architectural treatment of building elevation and modulation of their massing
- Separate and well- defined entries for residential units and non- residential
businesses
- Design of parking areas and facilities for architectural consistency and
integration among uses
- Incorporation of extensive landscape appropriate to its location; urbanized
streetscapes, for example, would require less landscape along the street
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frontages but integrate landscape into interior courtyards and common open
spaces
• Mixed -Use Building Location and Size of Non - Residential Uses: Require that 100
percent of the ground floor street frontage of Mixed -Use buildings be occupied by
retail and other compatible non - residential uses, unless specified otherwise by policies
for a district or corridor.
• Parcels Integrating Residential and Non- Residential Uses: Require that properties
developed with a mix of residential and non - residential uses be designed to achieve
high levels of architectural quality in accordance with policies related to the character
and quality of multi - family residential and the architecture and site design of
commercial districts, be planned to assure compatibility among the uses, and provide
adequate circulation and parking. Residential uses should be seamlessly integrated with
non - residential uses through architecture, pedestrian walkways, and landscape. They
should not be completely isolated by walls or other design elements.
• Districts Integrating Residential and Non - Residential Uses: Require that sufficient
acreage be developed for an individual use located in a district containing a mix of
residential and non- residential uses to prevent fragmentation and assure each use's
viability, quality, and compatibility with adjoining uses.
Aerial of Newport Center — 2007
C. North Newport Center
North Newport Center consists of properties on the higher elevations of Newport Center
between San Joaquin Hills Road and the Newport Center ring road (Blocks 400, 500, 600 and
800 and San Joaquin Plaza), as well as the core of Newport Center, Fashion Island, and Block
100.
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To the northeast is San Joaquin Hills Road, a wide boulevard on the ridge that forms the upper
edge of Newport Center. To the south and southeast are office buildings, movie theaters,
restaurants, service retail, the Newport Transportation Center, the Newport Beach Central
Library, and Corona del Mar Plaza, a community retail center. Adjacent uses within Newport
Center are office buildings, an apartment community, a resort hotel, art museum, police station,
fire station, auto dealership, service station, and the Newport Beach County Club.
North Newport Center is a mixed -use district that features an open -air regional shopping
center, Fashion Island; a resort hotel; and a variety of office buildings that help form the
skyline of Newport Beach; connected by a network of tree -lined streets and sidewalks, within a
master planned environment featuring a consistent landscape.
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II. Design Regulations
Using these Regulations
These regulations are intended to be used in conjunction with other applicable codes, documents, and
ordinances to assess compliance of proposed projects. Each category of regulations begins with the
intent, which describes the overall character that is envisioned and what objectives are necessary to
attain the desired effect.
A. Building Location and Massing
Intent
The intent of the building massing and location standards is to ensure that new development
has an appropriate scale, is related to its use and location, and is properly integrated with
adjoining land uses and features.
1. Site Planning Elements
a. New commercial and residential buildings should respect the existing urban form,
which generally consists of buildings that are organized orthogonally to create
pedestrian - friendly courtyards and promenades that visually link the buildings into
clusters, as seen in the diagrams below.
Pedestrian promenade at
Fashion Island
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Pedestrian courtyard at
550 Newport Center Drive
Building interface at
San Joaquin Plaza
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b. In Mixed -Use sub - areas, the development of a complex of buildings is preferable to
a single large structure because the varied massing provides visual interest and a
human scale. Additionally, the spaces created between the various buildings
provide opportunities for pedestrian plazas, courtyards and other outdoor gathering
areas.
C. New buildings should be oriented to and have features which reinforce and
enhance the existing pedestrian experience. Mixed -Use sub -areas should emphasize
pedestrian orientation by utilizing features such as plazas, courtyards, interior
walkways, trellises, seating, fountains, and other similar elements.
d. New retail buildings should be located to enhance tenant visibility and identity,
while maintaining compatible relationships with adjacent structures and street
frontages.
e. New buildings should be arranged to provide convenient access to entrances and
efficient on -site circulation for vehicles and pedestrians. Projects should develop a
comprehensive open space network that uses plazas and other open space elements
to connect uses. Open space areas and the paths that link them should facilitate the
integration of adjacent land uses on the site.
f New buildings with a strong street presence are encouraged in Fashion Island.
g. Residential development shall provide common outdoor open space areas for
residents. These areas should be configured and designed so as to address privacy
for residential uses while also providing linkages to the public open space
components of the project.
h. Planning and developing shared facilities such as driveways, parking areas,
pedestrian plazas and walkways, with adjoining properties, including those outside
of the North Newport Center Development Plan, is strongly encouraged.
Example of resident open space
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Example of office courtyard
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
2. Building Envelope
a. New buildings should respect the existing development scale, which generally
consists of high -rise buildings (10+ stories) clustered along the northerly section at
the highest point in Newport Center. Mid -rise office buildings (5 -10 stories), low -
rise office buildings, and retail development are generally located at lower
elevations towards Pacific Coast Highway.
3. Building Character and Style
a. The character and style of new buildings located in Fashion Island should be
compatible with the classically inspired architecture of the existing buildings in
Fashion Island. The character and style of new commercial and residential
buildings located in the mixed -use sub -areas should be compatible with the existing
contemporary architecture or the classically inspired architecture of the existing
buildings.
b. New buildings within Fashion Island should continue and enhance the existing
pedestrian experience by promoting storefront visibility.
C. New buildings should reflect a timeless architecture with straightforward geometry,
a unified composition, the expression of floor levels and structure, and solid
parapets. Trendy, short- lived, idiosyncratic architectural styles are not appropriate;
although retail storefronts may reflect the design theme of the merchant.
d. The top of all roof - mounted equipment and communications devices should be
below the building parapet or equipment screens in a manner that hides them from
the street. The height of rooftop appurtenances shall not exceed the height of the
screening.
e. Ground level equipment, refuse collection areas, storage tanks and infrastructure
equipment should be screened from public right -of -ways views with dense
landscaping and /or walls of materials and finishes compatible with adjacent
buildings.
f Above grade equipment, including backflow preventers at domestic water meters,
irrigation controllers, and cable television pedestals should not be visible from
public right -of -ways, when feasible.
g. Chain link fencing is not allowed, except to screen construction areas.
h. Avoid long, continuous blank walls, by incorporating a variety of materials and
design treatments and/or modulating and articulating elevations to promote visual
interest.
i. Architectural features should accomplish the architectural goal of extending the
design elements of the building.
j. New buildings on sites with sloping surfaces should be encouraged to utilize the
existing terrain. Entrances to motor courts and parking structures are not included
in the measurement of building height.
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Example of appropriate high -rise
architecture
Example of straight forward geometry and
expression of floor levels
Examples of classically inspired architecture
Example of appropriate low -rise form
Example of retail storefront visibility to pedestrians
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Example of architectural feature
TOWER
Example of architectural feature
MECHANICAL PENTHOUSE
ELEVATOR OVERUN
h�
e
F1111,H GRADE
Example of building height measurement on sloping terrain
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4. Building Materials and Colors
a. Colors, materials, and finishes should be coordinated on all exterior elevations to
achieve continuity of design. Stripes and patterns are not appropriate; although
retail storefronts may reflect the design theme of the merchant.
b. Clay tile, concrete tile, metal, and fabric are acceptable materials for low- and mid -
rise roofs.
C. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick,
concrete, wood, and glass are acceptable materials for building walls.
d. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick,
concrete, wood, and glass are acceptable materials for railings.
e. Service door and mechanical screen colors should be the same as, or compatible to,
the adjacent wall colors.
Example of appropriate retail finishes
5. Parking Structures
Example of appropriate low -rise finishes
a. The architecture of new parking structures should be compatible, complementary,
and secondary to principal buildings.
b. The design of new parking structures in Fashion Island shall incorporate elements
(including landscaping) to soften their visual impact.
C. New parking structures in Fashion Island shall be located and designed in a manner
that is compatible with the existing pedestrian scale and open feeling of Newport
Center Drive.
d. Simple, regular forms are encouraged.
e. Views of parked vehicles should be screened.
f The visual appearance of sloping floors should be minimized.
g. Interiors should be designed to promote a safe vehicular and pedestrian experience.
h. Vehicular entries for non - residential parking structures should be obvious and
inviting.
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Vehicular entries to exclusively residential structures should be incorporated into
the structure so as to minimize the street presence of the parking structure entrance
and to avoid interrupting the continuity of the street facing building elevations.
Block 600 parking structure demonstrating
rectangular form and vines to soften visual
impact
B. Landscape
Intent
West parking structure at Fashion Island
demonstrating rectangular form and varied
landscape to soften visual impact
The intent of the landscape standards is to ensure that new commercial and residential
development preserves and enhances the existing landscape character of North Newport
Center.
1. Overall Landscape
a. New development should promote an evergreen plant palette that is appropriate in
the Mediterranean climate of Southern California. Plant materials should be of a
native or drought - tolerant species where appropriate and provide variety, while
being consistent with the existing landscape pattern and architectural design of the
building.
b. Landscape and site design will incorporate Best Management Practices (BMPs) to
address low -flow runoff and storm water runoff. Landscaped areas within the
project will be provided and used to treat runoff from impervious surfaces and roof
drains prior to being discharged into the storm drain system.
C. The landscape palette should consist of two distinct groups of plant materials:
- Accent planting, including palms, cypress, and color accents
- Background planting, including evergreen canopy trees and shrubs
d. The overall landscape should be dominated by background planting with accent
planting in key areas corresponding to the land use and development intensity.
North Newport Center Design Regulations 13
4/26/1- 46/5/12
0_2�
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
e. Planting should be organized in layers of plant size and variety such as flowering,
cascading, or climbing plants. Contrasts in color and texture should be used to
enhance the layering of plants.
Example of appropriate landscape variety
complementing the building form
Example of layering principles
Example of vertical and horizontal plant forms
2. Perimeter and Street Landscape
a. The landscape on the perimeter of sub -areas and along streets of new commercial
and residential development should complement the street tree pattern, enhance the
pedestrian experience, screen parked vehicles, and soften the view of parking
structures.
b. Existing trees along public streets should be preserved, and new trees should be
installed to fill in gaps.
C. Evergreen hedges should be used to screen the lower portions of parked cars.
d. Evergreen planting should be used to screen parking structures.
North Newport Center Design Regulations 14
4/26/1 -1- 6/5/12
04
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Newport Center Drive landscape variety
San Nicolas landscape showing screening of
parked cars
San Joaquin Hills Road landscape
3. Parking Lot Landscape
Landscape adjacent to 888 San Clemente
parking structure
a. New surface parking lots should have evergreen canopy trees to provide shade.
b. A uniform evergreen tree type should be used for parking lot fields, with a different
uniform evergreen tree type used to highlight the major parking aisles.
C. Evergreen hedges should be used to screen parked cars.
North Newport Center Design Regulations 15
4/26/1- 46/5/12 1
05
4. Internal Landscape
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
San Joaquin Plaza evergreen hed,es that
screen parked cars
a. New courtyards and promenades should continue the existing pedestrian
experience by promoting visual continuity, shade and an evergreen landscape.
b. Trees should be installed to shade appropriate walkways and cause an interesting
and varied pedestrian experience.
Example of trees adding variety to
pedestrian experience
C. Circulation
Intent
Example of landscaping creating strong
visual continuity
The intent of the circulation criteria is to ensure that new commercial and residential
development enhances existing circulation patterns by maintaining existing, upgrading existing
and providing new street and walkway connections.
1. Streets and Pedestrian Activity
a. New development should preserve and enhance the existing attractive street scene,
promote safe and convenient driving practices, and encourage street level
pedestrian activity.
North Newport Center Design Regulations 16
4/26/1 -1- 6/5/12
ii
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
b. All buildings should be publicly accessible via a path or walkway from a public
sidewalk.
C. The crescent walk linking Block 400, Block 500 and Block 600 along Newport
Center Drive and pedestrian connections to /in Fashion Island should be preserved
and enhanced where feasible. Connections from the crescent walk into courtyards,
plazas, and other gathering areas in Block 400, Block 500 and Block 600 should be
provided where possible.
d. Each sub -area should demonstrate an internal pedestrian network of walks and
paseos that connect to the larger Newport Center pedestrian system.
e. Strong pedestrian connectivity, reinforced by protected walkways and landscaping,
should occur between Newport Center Drive and the retail core of Fashion Island.
f. Amenities such as benches, plazas and other pedestrian- oriented facilities should be
provided at pedestrian destinations.
g. To promote the vitality of the public street scene, pedestrian bridges and tunnels
which remove pedestrians from the street level are not allowed.
h. New benches, street trees, directional signs, trash receptacles, and exterior lighting
are encouraged in the public right -of -ways to reinforce pedestrian activity.
i. Enhanced paving in crosswalks to highlight pedestrian pathways is allowed if it is
compatible with the character of the existing development.
Center Drive to Fashion Island
Example of pedestrian connectivity to the street
(between 500 and 550 Newport Center Drive)
Example of pedestrian amenities
Example of the crescent walk design
framework
North Newport Center Design Regulations 17
4/26/1- 46/5/12 1
07
Pedestrian amenities in Fashion Island
Pedestrian amenity in Fashion Island
Example of a strong pedestrian pathway
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Storefront interface with pedestrians
Fashion Island paseo
North Newport Center Design Regulations 18
4/26/1 -1- 6/5/12
is
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Crescent Walk Vehicular Circulation � Pedestrian Connection to Fashion Island
North Newport Center Design Regulations
4/26/1 -4 6/5/12
09
19
1
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
2. Service and Emergency
a. New commercial and residential development should promote efficient circulation
for service and emergency vehicles.
b. Major loading docks should be located away from front doors and from residential
areas to separate service traffic from other traffic.
C. Loading bays should be designed to minimize their visual prominence and any
interference with pedestrian and vehicular flows.
d. Turf -block may be used in landscape areas where fire access is necessary.
e. Truncated domes should be a contrasting color, other than yellow, and should be
coordinated with the paving material unless otherwise required by federal or state
standards.
Fashion island loading dock
Fashion Island loading dock
North Newport Center Design Regulations 20
4/26/1 -4 6/5/12
70
3. Parking Lots
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
a. Parking areas should not create a separation between adjacent land uses and
buildings.
b. Parking lots at new development should promote efficient circulation for vehicles
and pedestrians.
C. Convenient, well marked and attractive pedestrian access should be provided from
parking lots to buildings.
d. The use of permeable surfaces is encouraged.
680 Newport Center Drive demonstrating flow
from parking to building
Newport Center Drive parking lot
Well- defined walkway from Newport Center
Drive into Fashion Island at San Nicolas
North Newport Center Design Regulations 21
4/26/1 -4 6/5/12 1
:7-L1
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
D. Orientation and Identity
Intent
The intent of the standards for orientation, identity, and safety is to ensure that new commercial
and residential development promotes wayfmding for residents and visitors, strengthens North
Newport Center's sense of place, and produces a safe environment.
1. Gateways and Entrances
a. New development should respect existing entries and, if entry modifications are
required, should integrate with the existing vehicular and pedestrian circulation
system.
b. Key landscape elements at the "landscape corners" should be retained.
San Joaquin Hills Road and Jamboree Road
San Joaquin Hills Road and MacArthur
San Joaquin Hills Road and Santa Cruz
San Joaquin Hills Road and Santa Cruz
North Newport Center Design Regulations 22
4/26/1 -4 6/5/12
72
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
2. View Corridors
a. New development should preserve views of major retail tenants in Fashion Island
from Newport Center Drive.
b. New development should capture views of the ocean from windows and decks at
new restaurants, offices, and residences, where feasible.
Fashion Island major tenant visibility
Fashion Island major tenant visibility
Balconies at 888 San Clemente featuring ocean views
North Newport Center Design Regulations 23
4/26/1 -4 6/5/12
�-3
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
3. Landmarks
a. As appropriate, major new development may be positioned and designed to serve
as a landmark within North Newport Center.
b. Landmark elements may be included in building design to distinguish individual
buildings and enhance wayfmding.
Wind chime as a landmark at Macy's
Palms as a landmark at the southern entry into Fashion Island
North Newport Center Design Regulations
4/26/1 -4 6/5/12
24
74
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
4. Signage
a. New development should have signs that promote identity and wayfinding.
b. Signs should be designed to clearly communicate their messages.
C. Signs should be designed to complement the architecture and landscape.
d. Identification signs should be designed to convey the image of the project or
business.
e. Wayfinding signs should be unified within each sub -area.
f Simplicity and legibility are encouraged.
g. Ample blank space around sign copy is encouraged.
h. Animated signs visible from public streets are not allowed unless otherwise
permitted by the Municipal Code.
i. Signs may be internally - illuminated, halo - illuminated, externally illuminated, or
non - illuminated.
j. Sign types A -K and their corresponding locations are shown on the following
pages.
Project identification sign
Directional sign
Business identification sign
�r NORDSTROM OPENING 2010
Temporary signs mounted on construction fence
North Newport Center Design Regulations 25
4/26/1 -4 6/5/12 1
75
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Sign A — Large Cube or Blade Sign
Sign: 13'-0" high; 12' -2" wide
Letters: 15 inches high max.
Sign: 11'-0" high; 12' -2" wide
Letters: 15 inches high max.
Symbol: 22 inches high
Existing Signs
Block 100, 400, 500, 600, 800; and San Joaquin Plaza
North Newport Center
North Newport Center Design Regulations
4/26/1- 46/5/12
Letters:
Symbol:
Sign A5
Sign:
Letters:
Symbol:
11' -0" high; 12' -2" wide
15 inches high max.
22 inches high
11'-0" high; 12' -2" wide
15 inches high max.
22 inches high
Sign: 11'-0" high; 12'-2" wide
Letters: 15 inches high max.
Symbol: 22 inches high
Sign A6
Sign: 13' -0" high; 12'-2" wide
Letters: 15 inches high max. (est)
70
26
Sign B — Small Cube
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
i9m
Sign: 5' -0" high; 5' -0" wide
Letters: 9 inches high
Sign: 5'-0" high; 5'-0" wide
Letters: 5 inches high max.
Numerals: 24 inches high max.
AIMMHH=�g Sign: 5' -0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Existing Signs
Block 100, 400, 500, 600, 800; and San Joaquin Plaza
North Newport Center
North Newport Center Design Regulations
4/26/146/5/12
450 ., .
Sign B7
Sign: 5'-0" high; 5'-0" wide
Letters: 5 inches high max.
Numerals: 24 inches high max.
Letters:
Numerals:
Sign B8
Sign:
Letters:
Numerals:
5W' high; 5' -0" wide
5 inches high max.
24 inches high max.
5W' high; 5'-0" wide
5 inches high max.
24 inches high max.
Sign: 5' -0" high; 5' -0" wide
Letters: 5 inches high max.
Numerals: 24 inches high max.
27
Sign B6
Sign:
5' -0" high; 5' -0" wide
Letters:
5 inches high max.
Numerals:
24 inches high max.
North Newport Center Design Regulations
4/26/146/5/12
450 ., .
Sign B7
Sign: 5'-0" high; 5'-0" wide
Letters: 5 inches high max.
Numerals: 24 inches high max.
Letters:
Numerals:
Sign B8
Sign:
Letters:
Numerals:
5W' high; 5' -0" wide
5 inches high max.
24 inches high max.
5W' high; 5'-0" wide
5 inches high max.
24 inches high max.
Sign: 5' -0" high; 5' -0" wide
Letters: 5 inches high max.
Numerals: 24 inches high max.
27
Sign C - Freestanding Signs
Sign C7
Sign: 5' -3" high; 11' -0" wide
Letters: 11 inches high
GATEWAY PLAZA
100.190 NEwvo Xr cf xttF f. „
Sign C8
Sign: 6'-10" high; 6' -0" wide
Letters: 5 inches high max.
Numerals: 11 inches high max.
Sign C13
Sign: 4' -4" high; 9' -6" wide
Letters: 10 inches high max.
�.: r' t
THE ISLAND HOTEL
XEY.4.,
Sign C9
Sign: 6'-2" high; 20'-6" wide
Letters: 17 inches high max.
Sign C14
Sign: 9' high; 4' -9" wide
Letters: 6 inches high max
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Sign C1
Sign: 6' -6" high; 15' -4" wide
Letters: 13 inches high max.
Symbol: 18 inches high
Sign C3
Sign: 4' -2" high; 7'-0" wide
Letters: 4 inches high max.
1 1
Sign C5
Sign: 4' -9" high; 12' -0" wide
Letters: 12 inches high
Sign C10
Sign: 4' -2" high; 5' -0" wide
Letters: 6 inches high max.
Symbol: 13 inches high max.
Sign C15
Sign: 9' high; 4' -9" wide
Letters: 6 inches high max
Sign C2
Sign: 4' -4" high; 9' -3" wide
Letters: 11 inches high max.
Sign C4
Sign: 5' -3" high; 11' -0" wide
Letters: 11 inches high
Sign C6
Sign: 5' -3" high; 11' -0" wide
Letters: 11 inches high
Sign C11
Sign: 4'4" high; 9'-6" wide
Letters: 10 inches high max.
r
Sign C16
Sign: 5' high; 25' wide
Letters: 14 inches high max.
Symbol: 24 inches high max.
North Newport Center Design Regulations 28
4/26/446/5/12
�g
Sign C - Freestanding Signs (continued)
Existing Signs
Block 100, 400, 500, 600, 800; and
San Joaquin Plaza
North Newport Center
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
a —
� w
Sign C17
Sign: T -5 high; S wide
Letters: 20 inches high max
North Newport Center Design Regulations 29
4!26/446/5/12 1
Sign D — Landscape Walls
Sign D7 location
MEMMM" MR-7
450 PACIFIC MERCA"T 9 K
Sign D12
Letters: 11 inches high
Numerals: 12 inches high
IIN
Sign D8
Letters: 15 inches high max.
Sign D13
Letters: 40 inches high
Sign D9 location
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
�6e�olony
Sign D1
Letters: 37 inches high max.
Sign D3
Letters: 35 inches high max.
Sign D5 location
Sign D19
Symbol: 17 inches high
Sign D2
Letters: 35 inches high max.
Sign D4
Letters: 15 inches high max.
Sign D6 location
kNAWM
Sign D11
Letters: 18 inches high max.
Symbol: 26 inches high
Existing Signs
Block 100, 400, 500, 600, 800; and San Joaquin Plaza
North Newport Center
North Newport Center Design Regulations 30
4/26/146/5/12
g�
Sign E — Building Sign
es.
Sign E*
Sign: Mounted directly on building face
Letters: 24 inches — primary tenant
16 inches — secondary tenant
Sign F — Building Address
Sign F*
Sign: Mounted directly on building face
Letters: 24 inches
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Sign E*
Sign: Sign on Awning at entrance to restaurant
Letters: 36 inches high
* Photographs of sign types E and F provided for reference purposes. A full inventory of those signs is not provided herein.
North Newport Center Design Regulations 31
4/26/446/5/12 1
g1
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Sign G — Freestanding Building Address
Sign G1
Sign: 8W' high; 6' -0" wide
Letters: 5 inches high max.
Numerals 28 inches high
Sign 02
Sign: 8' -0" high; 6' -0" wide
Letters: 5 inches high max.
Numerals 28 inches high
Existing Signs
Block 100, 400, 500, 600, 800; and San Joaquin Plaza
North Newport Center
North Newport Center Design Regulations 32
4/26/146/5/12
g�
Sign H — Advisory Signs
Sign I — Drive Through Signs
Sign H*
Sign: 6 feet high
Sign: 8 feet wide
Letters: 15 inches high
* Photographs of sign types H and I provided for reference purposes. A full inventory of these signs is not provided herein.
North Newport Center Design Regulations
4126/446/5/12
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
g3 33
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Sign J —Apartment Leasing Signs
Sign panel: 4W' high; 3' -0" wide (est.)
Letters: 6 inches high max. (est.)
Sign J2
Sign panel. 4' -0" high; 3'-0" wide (est.)
Letters: 6 inches high max. (est.)
Existing Signs
Block 100, 400, 500, 600, 800; and San Joaquin Plaza
North Newport Center
North Newport Center Design Regulations 34
4/26/446/5/12
Sign K — Office Leasing
M
Sign K8 location
Sign: 5' -0" high; 5' -0" wide
Letters: 7 inches high
Numerals: 6.5 inches high
North Newport Center Design Regulations
4/26/116/5/12
Sign: 5' -0" high; 5' -0" wide
Letters : 7 inches high
Numerals: 6.5 inches high
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Sign K1
Sign: 5' -0" high; 5'-0" wide
Letters: 7 inches high
Numerals: 6.5 inches high
Sign K5
Sign:
Letters :
Numerals:
5' -0" high; 5'-0" wide
7 inches high
6.5 inches high
Sign: 5' -0" high; 5' -0" wide
Letters: 7 inches high
Numerals: 6.5 inches high
Existing Signs
Block 100, 400, 500, 600, 600; and San Joaquin Plaza
North Newport Center
It
Sign K2
Sign: 5' -0" high; 5' -0" wide
Letters: 7 inches high
Numerals: 6.5 inches high
Sign: 5' -0" high; 5'A" wide
Letters: 7 inches high
Numerals: 6.5 inches high
Sign K6 location
Numerals: 6.5 inches high
Sign K12 is similar to K11
Sign K13 is similar to K11
In
35
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
5. Lighting
a. The exterior lighting at new commercial and residential development should be
compatible with and enhance the existing lighting of the sub -area.
b. Light fixtures at walkways and parking lots should be coordinated in height, color,
and style.
C. Light fixtures should not cast off -site glare.
d. Building walls may be illuminated by downlights and uplights; light sources should
not be visible from public view.
e. Tops of buildings may be highlighted with bands of light.
f Utilitarian light fixtures, such as floodlights and wallpacks, may only be used in
service areas.
g. Low sodium lighting is not allowed.
It. ATM lighting shall conform to state code without causing offsite glare, such as
through the use of bollards, tree lights, pole lights, and soffit lights, rather than
floodlights and wallpacks.
i. In pedestrian areas such as courtyards, plazas, and walkways, lighting fixtures
should be pedestrian scale.
Appropriate light bollard at Block 600
Non -glare producing lights at 888 San Clemente
North Newport Center Design Regulations 36
4/26/1 -1- 6/5/12
Attachment No. CC 2
Ordinance approving an Amendment to
Development Agreement No. DA2007 -002
27
M
ORDINANCE NO. 2012 -20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ADOPTING AN AMENDMENT TO DEVELOPMENT
AGREEMENT NO. DA2007 -002
WHEREAS, the Irvine Company has filed an application with respect to its
property located in North Newport Center Planned Community (NNCPC) Development
Plan to allow future development in NNCPC, which consists of seven sub -areas that
include Fashion Island, Block 600, Block 800 and portions of Blocks 100, 400, 500, and
San Joaquin Plaza of the Newport Center Statistical Area ( "Property "). As part of the
application, the Irvine Company requests approval of an amendment to Development
Agreement No. DA2007 -002, entitled Amendment to Zoning Implementation and Public
Benefit Agreement Between City of Newport Beach and the Irvine Company LLC
Concerning Addition of Properties and Residential Units to Zoning Implementation and
Public Benefit Agreement (Portions of Newport Center Blocks 100, 400 and 800 and
San Joaquin Plaza), to allow future development on the Property (the "Amendment ").
WHEREAS, the Amendment was prepared and is attached as Exhibit "A."
WHEREAS, during the term of the Amendment, and subject to any approvals
required under the development regulations applicable to the Property, as specified in
the Amendment, the Irvine Company shall have a vested right to develop the following
entitlements on the Property:
Development Limits (A)
A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of
development rights provision described in Sections II.0 and IV.0 herein. Transfers may result in increased or
decreased development limits, so long as the transfers are consistent with the General Plan and do not result in
greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be
approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport
Center Planned Community.
B. Hotel rooms are permitted in Fashion Island through the transfer of development rights.
C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights
shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. Transfers have
resulted in no remaining intensity in Block 100.
D. Per City Council action on 11/8/11 via resolution 2011 -102, the maximum permitted office /commercial development
for Block 500 is 599,659 sq. ft., Block 600 is 1,340,609 sq. ft. and for San Joaquin Plaza is 95,550 sq. ft.
SD \847676.1
8J
San
Fashion
Block
Joaquin
Land Use
Island
100
Block 400
Block 500
Block 600
Block 800
Plaza
Total
Regional
1,619,525
0
0
0
0
0
0
1,619,525 sq.
Commercial
sq. ft.
ft.
Movie
1,700 seats
0
0
0
0
0
0
1,700 seats
Theater
(27,500
(27,500 sq.
sq. ft.)
ft.)
Hotel
(B)
0
0
0
295
0
0
295
Residential
0
0
0
0
0
245
524
769
Office/
0
-0 -sq.
91,727 sq.
286,166
2,413,711 sq.
Commercial
ft.
ft.
599,659
1,340,609
95,550 sq.
ft.
(C)
sq. ft. (D)
sq. ft. (D)
ft. (D)
A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of
development rights provision described in Sections II.0 and IV.0 herein. Transfers may result in increased or
decreased development limits, so long as the transfers are consistent with the General Plan and do not result in
greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be
approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport
Center Planned Community.
B. Hotel rooms are permitted in Fashion Island through the transfer of development rights.
C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights
shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. Transfers have
resulted in no remaining intensity in Block 100.
D. Per City Council action on 11/8/11 via resolution 2011 -102, the maximum permitted office /commercial development
for Block 500 is 599,659 sq. ft., Block 600 is 1,340,609 sq. ft. and for San Joaquin Plaza is 95,550 sq. ft.
SD \847676.1
8J
WHEREAS, during the term of the Amendment, and subject to any approvals
required under the development regulations applicable to the Property, as specified in
the Amendment, the Irvine Company shall also have a vested right to develop 94
additional residential units within San Joaquin Plaza, of which 15 currently are not
assigned to a specific property within Newport Center and 79 currently are assigned to
Anomaly Site No. 43 as un -built hotel rooms. Such 79 hotel rooms shall be converted
to 79 residential units and transferred from Anomaly Site No. 43 into the NNCPC and
allocated to San Joaquin Plaza subsequent to conversion.
WHEREAS, consistent with General Plan Policy LU 6.14.3, the transfer of
development intensity is consistent with the General Plan and will not result in any
adverse traffic impacts.
WHEREAS, The Irvine Company has agreed to provide public benefits as
consideration for the Development Agreement, including the following:
1. Provisions for affordable housing pursuant to the proposed NNCPC Amended
Affordable Housing Implementation Plan.
2. Payment of Public Benefit Fee for Parks in the amount $26,046.71 for each of
the 94 units and shall be payable in full to the City by July 2013.
3. Payment of Public Benefit Fee in the amount of $63,000 for each of the 94 units,
for a total of $5,922,000, which may be used for any municipal purpose.
4. Reimbursement of up to $200,000 for costs associated with plans, specifications,
permits, and /or construction of the Bayside Drive Walkway Connection, a future
connection from an existing public access walkway to the Marine Avenue Bridge.
The payment would be payable within 90 days after receipt of written notice from
the City that it has awarded a construction contract for the project.
WHEREAS, the Planning Commission held a public hearing on July 5, 2012, in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California,
at which time the Planning Commission considered all project - related applications,
including the amendment to Development Agreement No.2007 -002. A notice of time,
place, and purpose of the meeting was duly given in accordance with the Municipal
Code. Evidence, both written and oral, was presented to and considered by the
Planning Commission at this meeting. At the conclusion of the hearing and after
considering the evidence and arguments submitted by the City staff, the Irvine
Company, and all interested parties, the Planning Commission adopted a resolution
recommending approval of the amendment to Development Agreement No.2007 -002 by
majority vote.
WHEREAS, the City Council held a public hearing on July 24, 2012, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which
time the City Council considered all project - related applications, including the
2
SD \847676.1
amendment to Development Agreement No. 2007 -002. A notice of time, place, and
purpose of the meeting was duly given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the City Council at
this meeting, including the evidence and arguments submitted by the City staff, the
Irvine Company, and all interested parties.
WHEREAS, the City Council has reviewed and considered the information in the
Amendment and in the full administrative record, before taking any action approving the
Amendment.
WHEREAS, in recognition of the significant public benefits that the Amendment
provides, the City Council finds that:
(1) The Amendment is entered into pursuant to, and constitutes a present
exercise of, the City's police power.
(2) The Amendment is in the best interests of the health, safety, and
general welfare of the City, its residents, and the public.
(3) The Amendment is consistent with the General Plan as of the date of
this Ordinance.
(4) The Amendment ensures that zoning implementation and utilization of
the building entitlements applicable to the Property are consistent with the
General Plan's standards for land use, housing, circulation, open space,
noise, safety, and conservation, and with the General Plan's goals of
improving and providing transportation infrastructure, parks, public
services, open space, water resources, and environmental resources.
(5) Existing utility capacity, circulation infrastructure, and other public
services already exist to support development consistent with the
development regulations applicable to the Property.
(6) The Amendment is consistent with Municipal Code section
15.45.020(A)(2), which requires a development agreement for projects
that include a Planned Community Development Plan Amendment and
include development of 50 or more residential units.
(7) The Amendment is consistent with General Plan Policy LU 6.14.8,
which applies to Newport Center and requires the execution of
development agreements for residential projects and mixed -use
development projects with a residential component.
(8) The Amendment is consistent with provisions of state law (California
Government Code sections 65864 - 65869.5) and local law (Municipal
Code chapter 15.45) that authorize binding agreements that: (i)
3
SD \847676.1
91
encourage investment in, and commitment to, comprehensive planning
and public facilities financing; (ii) strengthen the public planning process
and encourage private implementation of the local general plan; (iii)
provide certainty in the approval of projects in order to avoid waste of time
and resources; and (iv) reduce the economic costs of development by
providing assurance to the property owners that they may proceed with
projects consistent with existing policies, rules, and regulations. More
specifically, the Amendment is consistent and has been approved
consistent with provisions of California Government Code sections 65867
and 65868 and Municipal Code chapter 15.45.
(9) The Amendment is consistent with the Final Environmental Impact
Report for the City of Newport Beach General Plan 2006 Update (State
Clearinghouse No. 2006011119), the Addendum No. 1 to the Final
Environmental Impact Report for General Plan 2006 Update (State
Clearinghouse No. 2006011119), and Addendum No. 2 to the Final
Environmental Impact Report for General Plan 2006 Update (State
Clearinghouse No. 2006011119), all of which analyze the environmental
effects of the proposed development of the Property.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The Amendment to Development Agreement No. DA2007 -002 is
approved and adopted as provided in Exhibit "A." The Mayor is authorized to execute
the Amendment, and the City Clerk shall cause a copy to be recorded with the Orange
County Recorder.
SECTION 2: Up to $500,000 of the Public Benefit Fee for Parks referenced in
Section 7 of the Amendment to Development Agreement No. DA 2007 -002 shall be set
aside to fund additional improvements and enhancements to the Back Bay View Park; if
the additional improvements are not pursued, the City Council may direct the funds to
other City parks.
SECTION 3: The Mayor shall sign, and the City Clerk shall attest to, the
passage of this Ordinance. This Ordinance shall be published once in the official
newspaper of the City, and it shall become effective thirty (30) days after the date of its
adoption.
SECTION 4: This Ordinance shall not go into effect until the City Council
approves or adopts all of the following: (1) the amendment to the North Newport Center
Planned Community Affordable Housing Implementation Plan; (2) Planned Community
Development Plan Amendment No. PD2012 -001; and (3) Transfer of Intensity No.
TD2012 -002.
B
SD \847676.1
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This Ordinance was introduced at a regular meeting of the City Council held on
July 24, 2012, and adopted on August 14, 2012, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAIIIIIIIIIIIams
Leilani Brown, City Clerk
APPROyl�D AS TO FORM,
� OC' ���'IT /Y /AT ORNEY:
vv
Aaron Harp, City Attorney 1 ZSI 1'L
for the City of Newport Beach
5
SD \547676.1
AwIfel
93
Exhibit "A"
Amendment to Development Agreement No. DA2007 -002
6
SD \847676.1
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DRAFT PROPOSED BY
IRVINE COMPANY
DATE: June 25, 2012
TIME: 10:00 AM
SD`84817 1.6
800855 -0000
9,5
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Attn: Citv Clerk
DRAFT PROPOSED BYIRVINE COMPANY
DATE: June 25, 2012
TIME: 10:00 AM
(Space Above This Line Is for Recorder's Use Only)
This Amendment is recorded at the request and for
the benefit of the City of Newport Beach and is
exempt from the payment of a recording fee
pursuant to Government Code §§ 6103 and 27383.
AMENDMENT TO ZONING IMPLEMENTATION AND PUBLIC
BENEFIT AGREEMENT
between
CITY OF NEWPORT BEACH
and
THE IRVINE COMPANY LLC
CONCERNING ADDITION OF PROPERTIES AND RESIDENTIAL UNITS TO
ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT
(PORTIONS OF NEWPORT CENTER BLOCKS t00, 400 AND 800 AND SAN JOAQUIN
PLAZA)
SD \848171.6 800855 -0000
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AMENDMENT TO ZONING IMPLEMENTATION AND PUBLIC BENEFIT
AGREEMENT
THIS AMENDMENT TO ZONING IMPLEMENTATION AND PUBLIC BENEFIT
AGREEMENT (the "Amendment ") is executed this day of , 2012, by
and between: (1) CITY OF NEWPORT BEACH ( "CAZ'), and (2) THE IRVINE COMPANY
LLC ( "Landowner ") (Landowner and City together shall be referred to as "Parties ").
RECITALS
City and Landowner entered into Development Agreement No. DA 2007 -002, entitled
Zoning Implementation and Public Benefit Agreement Between the City of Newport Beach
and The Irvine Company LLC Concerning North Newport Center (Block 600, Fashion
Island, and Portions of Block 500, and San Joaquin Plaza), ( "2007 Development
Agreement "), which the City of Newport Beach adopted by Ordinance No. 2007 -21 on
December 18, 2007. The 2007 Development Agreement provides for the Landowner's
entitlement and transfer rights within the North Newport Center Planned Community (PC-
56).
2. This Amendment is intended to be an amendment pursuant to California Government Code
Section 65868. This Amendment has been considered and approved in the same manner as
the 2007 Development Agreement with public hearings pursuant to California Government
Code Section 65867.
3. The 2006 City of Newport Beach General Plan ( "General Plan") established a development
intensity of 450 residential units within the Newport Center Statistical Area Ll sub -areas
designated MU -H3, including Block 500, Block 600, and San Joaquin Plaza. The North
Newport Center Planned Community has been assigned 430 such residential units, which
could be built in any of the sub -areas of the North Newport Center Planned Community
designated MU -113. As of the Effective Date of this Amendment, fifteen such residential
units within the General Plan have not been vested or assigned to a specific property. In
light of market demand in the North Newport Center Planned Community, the Parties have
decided to assign such residential units to San Joaquin Plaza.
4. As of the Effective Date of this Amendment, 79 unbuilt hotel rooms were assigned by the
General Plan to Block 900 (Anomaly Location 43 in Statistical Area Ll), located outside of
the North Newport Center Planned Community. In light of existing development needs in
Block 900 and the North Newport Center Planned Community, the Parties desire to convert
such 79 unbuilt hotel rooms into 79 residential units. Subsequent to such conversion and
pursuant to the terms of this Amendment, such 79 residential units shall transfer into the
North Newport Center Planned Community and be allocated to San Joaquin Plaza sub -area.
5. Subsequent to the original adoption of the North Newport Center Planned Community in
2007, Block 800 and the portions of Blocks 100 and 400 have been added to the North
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Newport Center Planned Community through subsequent amendments. The legal
descriptions of Newport Center Block 100, Newport Center Block 400, and Newport Center
Block 800 are attached hereto as Exhibit A.
6. In light of the time that has passed since the adoption of the 2007 Development Agreement
and the actions described above, the Parties have decided that portions of the 2007
Development Agreement should be amended to include 94 new residential units in the North
Newport Center Planned Community, which include the 79 hotel units and the 15 residential
units, and the addition of the Block 800 and the portions of Block 100 and 400, which have
been added into the North Newport Center Planned Community.
This Amendment is consistent with the City of Newport Beach General Plan Policy LU
6.14.8, which applies to Newport Center and requires the execution of development
agreements for residential projects and mixed -use development projects with a residential
component.
8. The City Council has found, based on appropriate findings as required by the City of
Newport Beach General Plan Policy LU 6.14.3 and the analysis included in the North
Newport Center San Joaquin Plaza TPO Traffic Analysis (May 2012), that the inclusion of
the 94 additional residential units in the San Joaquin Plaza sub -area of the North Newport
Center Planned Community would not result in adverse traffic impacts.
9. The City Council has evaluated the potential environmental impacts of this Amendment and
has determined that any potential impacts have been analyzed pursuant to the Final
Environmental Impact Report for the City of Newport Beach General Plan 2006 Update
(State Clearinghouse No. 2006011119), the North Newport Center Addendum (Addendum
No. 1), and the second Addendum (Addendum No. 2) to the City of Newport Beach General
Plan 2006 Update Final Program Environmental Impact Report (State Clearinghouse No.
2006011119). There are no circumstances present that would require a new, subsequent or
supplemental environmental impact report for this Amendment, under the provision of the
California Environmental Quality Act.
10. On , 2012, City's Planning Commission held a public hearing on this
Amendment, made findings and determinations with respect to this Amendment, and
recommended to the City Council that the City Council approve this Amendment.
11. On 2012, the City Council also held a public hearing on this Amendment
and considered the Planning Commission's recommendations and the testimony and
information submitted by City staff, Landowner [and members of the public]. On [insert
date], pursuant to the applicable state law (California Government Code sections 65864-
65869.5) and local law (City of Newport Beach Municipal Code chapter 15.45), the City
Council adopted its Ordinance No. , finding this Amendment to be consistent with the
City of Newport Beach General Plan and approving this Amendment.
AGREEMENT
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NOW, THEREFORE, City and Landowner agree as follows:
1. Property. The Parties hereby amend the term "Property" to add to its existing definition
Newport Center Block 800 and the portions of Blocks 100 and 400, which are the parcels of
real property that are described in the legal description attached to this Amendment as
Exhibit A and depicted on the site map attached to this Amendment as Exhibit B, ( "Added
Property'). All of the Added Property is owned by the Landowner.
2. Development Regulations. The following Development Regulations (as defined in Section
1.9 of the 2007 Development Agreement) shall apply:
2.1. Newport Center Block 600 and the portions of Block 500, San Joaquin Plaza, and
Fashion Island covered by this Agreement shall remain governed by the Development
Regulations in effect as of the Effective Date of the 2007 Development Agreement, as
set forth in Section 1.9 of the 2007 Development Agreement, with the exception that the
North Newport Center Planned Community Development Plan that the City Council is
adopting pursuant to Ordinance No. 2012- , shall apply.
2.2. Newport Center Block 800 and the portions of Blocks 100 and 400 covered by this
Agreement shall be governed by the Development Regulations in effect as of the
Effective Date of this Amendment, including without limitation the North Newport
Center Planned Community Development Plan that the City Council is adopting
pursuant to Ordinance No. 2012 -
3. Landowner's Vested Rights. Section 6.2 of the 2007 Development Agreement, which
regards Landowner's vested rights, is amended to apply to the Property as defined in this
Amendment.
4. Affordable Housing Obligation. The Parties agree that Landowner's compliance with the
amended 2012 Affordable Housing Implementation Plan attached as Exhibit C satisfies any
obligation of Landowner to City under the City of Newport Beach General Plan Housing
Program 2.2.1 with respect to additional residential housing units provided for in this
Amendment and the residential housing units provided in the 2007 Development Agreement.
Should the additional units be developed as for sale units requiring a subdivision map, the
amended 2012 Affordable Housing Implementation Plan shall be deemed to comply with the
Inclusionary Housing requirements of Section 19.54.040.
5. Description of Certain Project Components. Concurrently with the adoption of this
Amendment, City has approved the potential location of 524 residential units in San Joaquin
Plaza under the Traffic Phasing Ordinance. Therefore, Section 6.3(2) of the 2007
Development Agreement is amended to read in its entirety as follows:
"524 residential units in Newport Center Block 500, Newport Center Block 600, or San
Joaquin Plaza; provided however, that to the extent Landowner desires to develop any of
said residential units in Newport Center Block 500 or 600 it shall be required to comply
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with the Traffic Phasing Ordinance relative to potential impacts associated with such
change in location."
6. Public Benefit Fee. The amount payable by Landowner to City for each of the 94 residential
units added to the North Newport Center Planned Community pursuant to this Amendment
shall be the sum of $63,000 per unit, for a total of $5,922,000. This fee shall be paid for each
additional individual housing unit at the time the building permit for such unit is issued by
the City. For purposes of implementation, the first 430 units applied for by Landowner will
be subject to a public benefit fee in the sum of $31,500, as set forth in Section 4.2 of the 2007
Development Agreement. The public benefit fee for the 431 st unit and all subsequent units
shall be the sum of $63,000. This fee is in addition to the other fees required by the City for
these units under the Development Regulations. The dollar amount specified in this section
shall not accrue interest if paid when due and shall not be increased or decreased by reason of
any cost of living or other inflation/deflation adjustment.
7. Per Unit Public Benefit Fee For Parks. Prior to and as a condition to City's issuance of each
building permit for residential development, Landowner shall pay to City a per unit fee that is
a Public Benefit Fee for Parks in the sum of $26,046.51 for each of the 94 residential units
added to the North Newport Center Planned Community pursuant to this Amendment, for a
total of $2,448,372, to be paid to City by Landowner on or before July 1, 2013. This fee is in
addition to the other fees required by the City for these units under the Development
Regulations. City acknowledges that Landowner has advanced an Initial Park Fee in the
amount of $5,600,000, entitling Landowner to a credit against payment of the Per Unit Public
Benefit Fee for Parks for the first 215 residential units to be developed on the Property. In
addition to the foregoing, at the time that Landowner advances the $2,448,372 Public Benefit
Fee for Parks, Landowner shall be entitled to a credit against payment of the Per Unit Public
Benefit Fee for Parks for an additional 94 residential units, for a total credit against payment
of the Per Unit Public Benefit Fee for Parks for the first 309 residential units to be developed
on the Property. The dollar amount specified in this section shall not accrue interest if paid
when due and shall not be increased or decreased by reason of any cost of living or other
inflation/deflation adjustment. This fee does not replace the fees that the City may charge for
parks when and if the additional units were included in a subdivision map or otherwise
converted to individually saleable housing units, but the City shall grant Landowner a credit
against such parks fee in the amount of the net fee per unit that was previously paid to the
City for such unit.
8. Reimbursement for Bayside Walkway Connection. Landowner shall pay to City up to
$200,000 as a public benefit reimbursement for costs that the City may incur related to plans,
specifications, permits, and/or construction for the Bayside Walkway Connection project.
Payment by Landowner shall be made within 90 days after receipt of written notice from
City that it has awarded a construction contract for the Bayside Walkway Connection project.
The amount of the public benefit reimbursement shall be no more than $200,000 and shall be
for the City's actual costs for plans, specifications, permits, and /or construction, as
documented by the City in its written notice.
9. Expiration, Completion or Exhaustion of Certain Obligations.
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9.1. The Parties agree that the obligations of both Parties under the following sections of the
2007 Development Agreement have fully expired or have been fully exhausted or fully
completed:
9.1.1. Landowner's payment to City of the Initial Park Fee pursuant to Section 4.1 by a
payment of $5,600,000 to the City by Landowner on March 10, 2009;
9.1.2. Landowner's payment to City of the Initial Public Benefit Fee pursuant to Section
4.2 by a payment of $13,345,000 to the City by Landowner on July 26, 2011 as a
condition of the issuance of the First Building Permit, issued for 650 Newport
Center Drive;
9.1.3. Section 4.5, "Dedication of Public Rights of Way ";
9.1.4. Section 4.6, "Open Space Dedication";
9.1.5. Section 4.8, "City's Option to Purchase New City Hall Site; Parking Structure";
9.1.6. Section 4.9A, "Retrofit Sprinkler Systems";
9.1.7. Section 4. 10, "Cooperation of Landowner if City Hall Constructed on Property
North of Library "; and
9.1.8. Section 4.11, "Dedication of Lower Castaways ".
Therefore, no remaining obligations remain for either Party to complete under Section
4.5, Section 4.6, Section 4.8, Section 4.9A, Section 4. 10, and Section 4.11 of the 2007
Development Agreement.
10. No Conflicting Enactments. Except to the extent City reserves its discretion as expressly set
forth in the 2007 Development Agreement, during the Term of this Amendment City shall
not apply to the Project any ordinance, policy, rule, regulation, or other measure relating to
development of the Project, as contemplated by this Amendment, that is enacted or becomes
effective after the Effective Date to the extent it conflicts with this Amendment. No City
moratorium or other similar limitation relating to the rate, timing, or sequencing of the
development or construction of all or any part of the Project and whether enacted by
initiative or another method, affecting subdivision maps, building permits, occupancy
certificates, or other entitlement to use, shall apply to the Project to the extent such
moratorium or other similar limitation restricts Landowner's vested rights in this Amendment
or otherwise conflicts with the express provisions of this Amendment.
11. Compliance with Traffic Phasing Ordinance. The following provisions are added with
respect to the Traffic Phasing Ordinance:
11.1. Scope of Traffic Study. The traffic study prepared in conjunction with this
Amendment, entitled "North Newport San Joaquin Plaza TPO Traffic Analysis " and
dated May 2012, covers all development authorized by this Amendment.
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11.2. Sufficiency of Traffic Study. City acknowledges that the traffic study for the North
Newport Center Planned Community Development Plan Amendment project satisfies
the provisions of the Traffic Phasing Ordinance. The City shall not require any
additional Traffic Phasing Ordinance traffic studies in conjunction with any
application for approvals or permits necessary to construct development authorized
by this Amendment as long as the application is consistent with the provisions of this
Amendment and the relevant Development Regulations.
12. Effective Date. The Effective Date of this Amendment is 2012, the 31st day
following adoption of this ordinance approving this Amendment by the City Council. This
Amendment does not change the Effective Date of the 2007 Development Agreement.
13. Term. The term of this Amendment ( "Term ") shall commence on the Effective Date and
shall continue thereafter until the earlier of the following: (i) the date that is twenty (20)
years after the Effective Date; or (ii) the date this Amendment is terminated pursuant to
Sections 12 or 15.1 of the 2007 Development Agreement.
13.1. Section 11 of the 2007 Development Agreement is amended at paragraph two to read
as follows:
"The term of this Agreement ( "Term ") shall commence on the
Effective Date and shall continue thereafter until the earlier of the
following: (i) the date that is twenty (20) years after the Effective
Date of the Amendment; or (ii) the date this Agreement is
terminated pursuant to Sections 12 or 15.1 of this Agreement."
14. Conflicts. Except as otherwise set forth herein to the contrary, all terms and provisions of the
2007 Development Agreement shall remain unamended and continue in full force and effect.
This Amendment and the 2007 Development Agreement, along with any previous or future
amendments, shall be construed together and shall constitute one agreement. In the event of
any inconsistency between this Amendment and the 2007 Development Agreement, the
provisions of this Amendment shall prevail.
15. Notice of Intention to Amend. In enacting this Amendment, the City has provided for public
notice and hearing in the manner provided by California Government Code Section 65867.
16. Compliance with California Government Code Section 65867.5. California Government
Code Section 65867.5 provides that a development agreement is a legislative act that shall be
approved by ordinance and subject to referendum. A development agreement shall not be
approved unless the legislative body finds that the provisions of the agreement are consistent
with the general plan and any applicable specific plan. These requirements of California
Government Code Section 65867.5 have been satisfied by the City's finding that this
Amendment is consistent with the City's General Plan and the City's approval of this
Amendment by ordinance.
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17. Compliance with California Government Code Section 66473.7. The area subject to the
Amendment may include a future subdivision, and the City may, in its sole and absolute
discretion, approve certain tentative maps for such subdivision. Any such subdivision will
comply with all of the provisions of the Subdivision Map Act including, but not limited to,
California Government Code Section 65867.5 in that any tentative maps will be approved by
the City in compliance with California Government Code Section 66473.7.
18. Section Headings. All section headings are inserted for convenience only and shall not affect
construction or interpretation of this Amendment.
19. Incorporation of Exhibits. Exhibits A, B and C are attached to this Amendment and
incorporated by this reference as follows:
EXHIBIT
DESIGNATION
DESCRIPTION
A
Legal Description of Property
B
Depiction of the Property
C
Updated 2012 Affordable Housing Implementation Plan
20. Authority to Execute. The persons executing this Amendment warrant and represent that
they have the authority to execute this Amendment on behalf of the party for which they are
executing this Amendment. They further warrant and represent that they have the authority
to bind their respective party to the performance of its obligations under this Amendment.
The City Manager or his /her designee has the authority to implement the terms of this
Amendment and execute any documents in furtherance of the terms of this Amendment and
the 2007 Development Agreement so long as they have been reviewed and approved as to
form by the City Attorney.
21. Recordation. This Amendment and any amendment, modification, or cancellation to it shall
be recorded in the Office of the County Recorder of the County of Orange, by the City of
Newport Beach City Clerk in the period required by California Government Code section
65868.5 and City of Newport Beach Municipal Code section 15.45.090.
[SIGNATURE PAGE FOLLOWS]
M
SD \848171.6 800855 -0000
1os
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TIME: 10: 00 AM
SIGNATURE PAGE TO
AMENDMENT TO ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
ATTEST:
City Clerk
VE AS O FORM:
C. Harp �lz� Ire
City Attorney
"LANDOWNER"
THE IRVINE COMPANY LLC
By:
Its:
By:
Its:
"CITY"
CITY OF NEWPORT BEACH
Its: Mayor
SD \848171.6 800855 -0000
10
State of California
County of Orange
Fr
appeared
before me,
DRAFT PROPOSED BYIRVINE COMPANY
DATE: June 25, 2012
TIME: 10:00 AM
personally
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
-10-
SD \848171.5
(Seal)
800855 -0000
1015
State of California
County of Orange
Fr
appeared
before me,
DRAFT PROPOSED BYIRVINE COMPANY
DATE: June 25, 2012
TIME: 10:00 AM
personally
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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(Seal)
800855 -0000
100
EXHIBIT A:
LEGAL DESCRIPTION OF ADDED PROPERTY
LEGAL DESCRIPTION
Real property in the City of Newport Beach, County of Orange, State of California, described as follows:
Newport Center Block 100:
PARCEL l: APN 442- 231 -02, 442 - 231 -03, 442 - 231 -04, 442 - 231 -05, 442 - 231 -06, 442 - 231 -07, 442 -231 -1 I
and 442 - 231 -14
Parcels 2 through 7 and "B" as shown on a Parcel Map filed in Book 52, Page 37 of Parcel Maps, together with
Parcel "A" as shown on a Parcel Map filed in Book 76, Page 32 of Parcel Maps, both in the Office of the County
Recorder of said Orange County.
Newport Center Block 400:
PARCEL 1: APN 442 - 082 -05
Parcel 1 as shown on a Parcel Map filed in Book 61, Page 10 of Parcel Maps, in the Office of the County
Recorder of said Orange County.
PARCEL 2: APN 442 - 082 -04
Parcel 2 as shown on a Parcel Map filed in Book 37, Page 23 of Parcel Maps, in the Office of the County
Recorder of said Orange County.
PARCEL 3: APN 442 - 082 -09
Parcel "A" as shown on a Parcel Map filed in Book 91, Page 19 of Parcel Maps, in the Office of the County
Recorder of said Orange County.
Newport Center Block 500:
PARCEL 1: APN 442 - 014 -23
Parcel 2 of Parcel Map No. 88 -163 as shown on a map filed in Book 253, Pages 34 and 35 of Parcel Maps, in the
Office of the County Recorder of said Orange County.
:LO7
Exhibit A:
Newport Center Block 800:
PARCEL 1: APN 442- 262 -03, 442 - 262 -05, 442 - 262 -06, 442- 262 -07, 442-262-08,442-262-09 and 442 - 262 -10.
Parcel 1 as shown on a Parcel Map filed in Book 136, Pages 22 and 23 of Parcel Maps, together with Lots 1, 2, 3,
4, and private streets Colony Plaza and Santa Maria Road of Tract No. 15178 as shown on a map filed in Book
737, Pages 45 through 47 inclusive, of Miscellaneous Maps, both in the Office of the County Recorder of said
Orange County.
��01.AND SURD
k1 V;�7 �, KURT R. �
2 / TROXELL
7854
Kurt R. roxell, L.S. 7854 Date
H ?pdutzMIW12"MinEeplsWe ponC ffl c d
OF
A
Exhibit B
Depiction of Added Property
W]
10J
EXHIBIT C
NORTH NEWPORT CENTER PLANNED COMMUNITY
r_1;1701 C717-11 14:8: 14 1wiIkgmI�T� IJraky,lakllqrr _1 III IQ01�W_l►
210
NORTH NEWPORT CENTER
PLANNED COMMUNITY
AFFORDABLE HOUSING
IMPLEMENTATION PLAN
Prepared For:
The City of Newport Beach
June 2012
111
Contents
1. Introduction
II. Affordable Housing Plan
1
1
c
ProposedPlan ................................................................................................. ..............................3
Number of Affordable Units /Income Levels .................................................. ..............................5
Implementation.............................................................................................. ............................... 5
Conclusion..................................................................................................... ............................... 5
III. Consistency with Housing Element ................................................................ ..............................6
IV. Amendments to the AHIP ............................................................................... ..............................7
V. Authority ......................................................................................................... ..............................7
Figures
Exhibit I - North Newport Center Planned Community .......................................... ..............................2
Exhibit 2 - The Bays Apartment Complex Locations .............................................. ..............................4
North Newport Center Planned Community
Affordable Housing Implementation Plan
112
I. Introduction
The North Newport Center Planned Community (Planned Community) approval by the City of
Newport Beach includes a Planned Community Development Plan that implements the goals and
policies of the City's General Plan. The Planned Community, as shown on Exhibit 1, consists of
seven sub -areas within North Newport Center, a regional center comprised of major retail,
professional office, entertainment, recreation, hotel, and residential development.
Block 500, Block 600, and San Joaquin Plaza are designated in the General Plan as MU -H3, a
designation that allows for a mixed -use area combining commercial, office, entertainment, and
residential uses. The Planned Community Development Plan for North Newport Center allows
construction of 524 residential units in these blocks, and affordable housing units must be provided
in accordance with the City Housing Element. This Affordable Housing Implementation Plan (AHIP)
outlines how the required affordable housing will be provided.
Background
The City's Housing Element includes a goal that 15% of all new housing units in the City be
affordable to very low, low, and moderate income households. The Housing Element identifies
moderate income households as those with annual incomes between 80% and 120% of the county
median household income. Low income households are those with annual incomes between 51% and
80% of the county median household income. Very low income households are those with annual
incomes of 50% or less of the County median household income. Projects with more than 50 units
are required to prepare an AHIP that specifies how the development will meet the City's affordable
housing goal.
The Southern California Association of Governments (SCAG) prepares the state - mandated Regional
Housing Needs Assessment (RHNA). The RHNA quantifies the need for housing within each
jurisdiction during specified planning periods. The City's General Plan Housing Element must
include its "fair share" regional housing needs allocation for all income groups which must be
updated periodically. The most recently published SCAG RHNA identifies the City allocation as
follows:
• Total allocation between 1/1/06 and 6/30/14 -1,769
• Very low income allocation — 22% (389 units)
• Low income allocation — 18% (319 units)
• Moderate income allocation — 20% (359 units)
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Affordable Housing Implementation Plan
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Exhibit 1 - North Newport Center Planned Community
North Newport Center Planned Community
Affordable Housing Implementation Plan
124
II. Affordable Housing Plan
Proposed Plan
The City's General Plan Housing Element allows for sale or for rent options in order to meet the
obligation for affordable housing units. In addition, affordable housing may be provided off -site,
with City approval. Consistent with these Housing Element provisions, this Affordable Housing
Implementation Plan includes the following plan. The location of the site is included on Exhibit 2.
A. Covenants on Existing Units
The Irvine Company owns The Bays, an apartment complex consisting of three buildings known as
Baywood, Bayview, and Bayport, which is shown on Exhibit 2. The total number of units in The
Bays is 556. Forty -six units in Baywood are restricted as low- income units through 2011.
The Irvine Company will restrict tenant incomes and rental costs for housing units located in The
Bays complex for a period of 30 years with a recorded document. The number of restricted units will
be sufficient to provide the number of affordable units described later in this AHIP, depending on the
income level to be served. The Irvine Company will identify which apartments are proposed to meet
the affordable housing obligation, and will not use units that are under any other affordable housing
covenant at the time they are proposed to meet the obligation for North Newport Center. The City
will inspect the apartments designated to meet the affordable housing requirement to ensure
compliance with relevant codes, proper maintenance, and adequate common areas. The Irvine
Company will agree to make improvements, if necessary, to ensure viable housing for the 30 year
period.
The units must be rented to households qualifying as very low, low, or moderate income households.
The annualized rents chargeable for occupancy of the Affordable Units shall not exceed thirty
percent (30 %) of the Very Low, Low or Moderate Income limits.
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Exhibit 2 - The Bays Apartment Complex Locations
North Newport Center Planned Community 4
Affordable Housing Implementation Plan
110
The restriction on these units — for example, tenant selection procedures, monitoring — will be
included in an affordable housing agreement, which shall be submitted for review and approval by
the City Attorney and recorded against the property(ies).
B. Concentration of Units
Affordable units shall not be concentrated in any one building in The Bays.
Number of Affordable Units /Income Levels
The requirement for affordable housing shall be based on income categories. The Irvine Company
will provide very low, low, or moderate income housing, or a combination of income categories,
using the percentages shown in the table below.
Income Category
Percentage Required
Total Amount
Very Low
10%
52 units
Low
15%
79 units
Moderate
20%
105 units
Implementation
The affordable housing units required under this AHIP will be provided incrementally. The
affordable units shall be phased as follows:
• Certificate of use and occupancy for 100`h market rate unit / one -third of required units
• Certificate of use and occupancy for 200th market rate unit / one -third of required units
• Certificate of use and occupancy for 300`h market rate unit / one -third of required units
Affordable housing agreements shall be executed and recorded at each phase identified above for
designated affordable units in The Bays apartment complex prior to the point where a certificate of
use and occupancy is issued for the related market rate units.
Conclusion
Implementation of this AHIP will result in the availability of affordable housing units as identified
above within the City of Newport Beach in accordance with the City's Housing Element.
North Newport Center Planned Community 5
Affordable Housing Implementation Plan
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M. Consistency with Housing Element
The City of Newport Beach adopted a General Plan in 2006. A Housing Element was included in the
General Plan in accordance with State law. The Housing Element was updated in 2011. The Housing
Element identifies goals and programs for the provision of affordable housing in the City. The AHIP
is intended to meet the specific goals of the Housing Element as follows:
Policy 112.1 Encourage preservation of existing and provision of new housing affordable to
extremely low, very low, low and moderate income households.
Program
2.1.2 Take all feasible actions, through use of development agreements, expedited
development review and expedited processing of grading, building and other
development permits, to ensure expedient construction and occupancy for projects
approved with low and moderate income housing requirements.
The AHIP supports the City's requirement for the provision of affordable housing for all new
development with more than 50 residential units. The Irvine Company has prepared a Development
Agreement in accordance with this Policy /Program.
Policy H2.2 Encourage the housing development industry to respond to housing needs of the
community and to the demand for housing as perceived by the industry, with the
intent of achieving the Regional Housing Needs Assessment construction goals within
six years.
Program
2.2.1 Require a proportion of affordable housing in new residential developments or levy
an in -lieu fee. The City's goal over the five year planning period is for an average of
15 percent of all new housing units to be affordable to very low, low and moderate -
income households. The City shall either (a) require the payment of an in -lieu fee, or
(b) require the preparation of an Affordable Housing Implementation Plan (AHIP)
that species how the development will meet the City's affordable housing goal,
depending on the following criteria for project size:
1. Projects of 50 or fewer units shall have the option ofpreparing an AHIP or paying
the in -lieu fee.
2. Projects where more than 50 units are proposed shall be required to prepare an
AHIP.
Implementation of this program will occur in conjunction with City approval of any
residential Tentative Tract Maps. To insure compliance with the 15 percent
affordability requirements, the City will include conditions in the approval of
Tentative Tract Maps to require on -going monitoring of those projects.
Program
2.2.6 All required affordable units shall have restrictions to maintain their affordability for
a minimum of 30 years.
As described in Section 11, the affordable housing provided per the AHIP will meet the Housing
Element requirement for the total affordable units required. The units will be deed restricted to
remain affordable for a period of 30 years. In addition, the developer will provide periodic reports in
North Newport Center Planned Community 6
Affordable Housing Implementation Plan
118
the form required by the City. The provision of the affordable housing units will assist the City in
meeting the RHNA construction goals.
hi conclusion, the AHIP is consistent with the relevant goals and programs in the City's 2011
General Plan Housing Element.
IV. Amendments to the AHIP
This AHIP may be amended with the approval of the City Council. No modification of the General
Plan requirement for affordable units is allowed, unless the requirement is reduced through an
amendment to the General Plan prior to implementation of development.
V. Authority
The AHIP has been adopted by the City of Newport Beach per Resolution No. 2012 -_ on the
day of , 2012.
North Newport Center Planned Community 7
Affordable Housing Implementation Plan
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