HomeMy WebLinkAbout07_Annual Review of the North Newport Center Development Agreement_PA2009-023
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 14, 2020
Agenda Item No. 7
SUBJECT: Annual Review of the North Newport Center Development Agreement
(PA2009-023)
▪ Development Agreement No. DA2007-002
SITE LOCATION: Fashion Island; Block 100, Block 400, Block 500, Block 600, and
Block 800 of Newport Center Drive; and San Joaquin Plaza
APPLICANT/OWNER: Irvine Company
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
• General Plan: Regional Commercial (CR), Regional Commercial Office (CO-R),
Medical Commercial Office (CO-M), Multiple Unit Residential (RM), and Mixed-Use
Horizontal (MU-H3)
• Zoning District: North Newport Center Planned Community (PC-56)
PROJECT SUMMARY
An annual review of the Zoning Implementation and Public Benefit Agreement for North
Newport Center, pursuant to Newport Beach Municipal Code (NBMC) Section 15.45.080
(Periodic Review) and Section 65865.1 of the California Government Code.
RECOMMENDATION
1) Conduct a public hearing;
2) Find the review exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15321 (Class 21 – Enforcement Actions by Regulatory Agencies)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter
3, because it has no potential to have a significant effect on the environment;
3) Find that the applicant has demonstrated good faith compliance with the terms of the
Zoning Implementation and Public Benefit Agreement; and
4) Receive and file the North Newport Center Zoning Implementation and Public Benefit
Agreement Annual Report Year 2019 (Attachment No. ZA 2).
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Annual Review of the North Newport Center Development Agreement (PA2009-023)
Zoning Administrator, May 14, 2020
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DISCUSSION
NBMC Section 15.45.080 (Periodic Review) requires the City to periodically review
development agreements to determine if the applicant has complied with the terms of the
agreement. This review should be conducted at least once every 12 months. The
applicant is required to demonstrate good faith compliance with the terms of the
agreement, and should the Zoning Administrator believe the applicant has not complied
in good faith with the agreement, the Zoning Administrator should refer the matter to the
City Council.
Background
On December 18, 2007, the City Council adopted Ordinance No. 2007-21 approving
Development Agreement No. DA2007-002 (“DA”) between the City and Irvine Company.
The DA granted Irvine Company entitlement and transfer rights within the North New port
Center Planned Community (NNCPC). At the time the DA was approved, NNCPC
consisted of Fashion Island, Block 600, portions of Bl ock 500 and San Joaquin Plaza.
Since then, portions of Block 100, Block 400, and the entirety of Block 800 hav e been
incorporated into the NNCPC. On June 6, 2012, the City Council approved an amendment
to the DA, which incorporated these additional remaining sub-areas into the NNCPC. On
November 10, 2015, the North Newport Center Planned Community was expanded to
include two existing buildings within the 500 block of Newport Center Drive; however, the
DA was not amended to include the expanded area.
The DA specifies the permitted uses, density and intensity of development through the
application of the NNCPC text, circulation improvements, public benefits, and dedication
of street rights-of-way and open space. The DA vests Irvine Company’s right to develop
regional commercial, office, mixed-use, and residential uses in North Newport Center as
depicted in Table 1. The term of the DA is 25 years and it expires in 2032.
The DA is available online at http://www.newportbeachca.gov/developmentagreements.
The last annual review, conducted on October 24, 2019, covered activities occurring in
2018, and the Zoning Administrator found Irvine Company to be in good faith compliance
with the agreement. This review is for activities occurring during the 2019 calendar year.
2019 Development Activity
Table 1 summarizes the entitlement and building activity for the NNCPC that occurred in
2019. Several projects are under construction within the NNCPC, but only completed
activities with certificates of occupancy are included in Table 1, unless otherwise noted.
In total, 33 building permits were issued in 2019 for tenant improvements or landlord work.
None of the permits issued or finalized in 2019 resulted in changes to gross floor area.
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Annual Review of the North Newport Center Development Agreement (PA2009-023)
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Table 1: 2019 Development Activity Summary
Sub-
Area Entitlement Completed Activity
Existing
Development
(12/31/2019)
Remaining
Entitlement
(12/31/2019)
Fashion
Island
1,523,416 sq. ft.
of regional
commercial
-- 1,519,223 sq. ft. 4,193 sq. ft.
680 theater seats -- 450 theater
seats
230 theater
seats
Block
100
121,114 sq. ft.
of office/commercial -- 121,114 sq. ft. 0 sq. ft.
Block
400
91,727 sq. ft.
of office/commercial -- 91,727 sq. ft. 0 sq. ft.
Block
500
623,525 sq. ft.
of mixed use -- 622,622 sq. ft. 903 sq. ft.
Block
600
1,310,899 sq. ft.
of office only -- 1,310,899 sq. ft. 0 sq. ft.
295 hotel rooms -- 295 hotel rooms 0 hotel rooms
Block
800
286,166 sq. ft.
of office/commercial -- 286,166 sq. ft. 0 sq. ft.
245 residential units -- 245 residential
units
0 residential
units
San
Joaquin
Plaza
95,550 sq. ft.
of office/commercial -- 95,550 sq. ft. 0 sq. ft.
524 residential units -- 524 residential
units
0 residential
units
Future Activities
Any remaining terms and conditions shall be completed pursuant to the timing or
milestone requirements depicted in the Annual Report (Attachment No. ZA 2). After
reviewing the Annual Report and applicable documents, staff believes that Irvine
Company has complied in good faith with terms and conditions of the DA.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15321 (Class 21 – Enforcement Actions by Regulatory Agencies) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment. This section exempts actions
by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other
entitlement for use issued, adopted, or prescribed by the regulatory agency or
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Annual Review of the North Newport Center Development Agreement (PA2009-023)
Zoning Administrator, May 14, 2020
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enforcement of a law, general rule, standard, or objective, administered or adopted by the
regulatory agency.
PUBLIC NOTICE
Notice of this review was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD
An appeal or call for review may be filed with the City Clerk within 14 days following the date
of action. For additional information on filing an appeal, contact the Planning Division at 949-
644-3200.
Prepared by:
Joselyn Perez
Assistant Planner
BMZ/jp
Attachments: ZA 1 Vicinity Map
ZA 2 Annual Report (January 2019 – December 2019)
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Attachment No. ZA 1
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PA2009-023DA2007-002 - North Newport CenterDevelopment Agreement Annual ReviewMailing Radius Map
Date: 05/12/2015Document Name: PA2009-023_North_Newport_PC
PA2009-023
6
Attachment No. ZA 2
Annual Report (January 2019 – December 2019)
7
January 2020
North Newport Center
Zoning Implementation and Public Benefit Agreement
Annual Report
Year 2019 (January 2019-December 2019)
Prepared for:
City of Newport Beach
Planning Division
Contact: Gregg Ramirez
(949) 644-3219
Submitted by:
Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660
Contact: Jeff Davis
(949) 720-2409
Prepared by:
CAA Planning, Inc.
30900 Rancho Viejo Road, Suite 285
San Juan Capistrano, CA 92675
Contact: Shawna Schaffner
(949) 581-2888
8
Annual Report – 2019 (January 2020) iii
North Newport Center Zoning Implementation and Public Benefit Agreement – Expires August 2032
Contents
Introduction ............................................................................................................................................. 1
Figure 1 – Sub-Areas in North Newport Center Planned Community ............................................ 1
Summary Table – North Newport Center as of December 31, 2019 .............................................. 2
Development Summary ........................................................................................................................... 2
Fashion Island ................................................................................................................................ 3
Block 100 ....................................................................................................................................... 3
Block 400 ....................................................................................................................................... 3
Block 500 ....................................................................................................................................... 4
Block 600 ....................................................................................................................................... 4
Block 800 ....................................................................................................................................... 4
San Joaquin Plaza ........................................................................................................................... 4
Public Benefits ......................................................................................................................................... 5
Public Benefits Table ...................................................................................................................... 5
Ongoing Obligations and Public Benefits ............................................................................................... 13
City Concurrence ................................................................................................................................... 16
Annual Report Distribution .................................................................................................................... 16
4.4 Circulation Enhancements to Public Right of Way – Completed 2013 ............................................. 17
4.9 B. Fashion Island Water Quality Enhancements – Fashion Island Parking Areas ............................. 18
Fashion Island Non-Development Water Quality Treatment – Completed 2014 ......................... 18
Compliance to Date, Section 4.9, Paragraph B – Development Agreement................................. 18
9
Annual Report – 2019 (January 2020) 1
North Newport Center Zoning Implementation and Public Benefit Agreement – Expires August 2032
Introduction
The purpose of the 2019 Annual Report (AR) for North Newport Center is to provide an accurate record of the
development that has occurred within North Newport Center during 2019. The North Newport Center Planned
Community Development Plan (NNCPC) as approved in 2007 included the following sub-areas: Fashion Island,
Block 500, Block 600 and San Joaquin Plaza. The NNCPC was subsequently amended in November 2009 to include
portions of Blocks 100, 400, 800 and an open space parcel from the Newport Village Planned Community. The
NNCPC was amended again in 2011 to expand Block 800 to include the Pacific Mutual Financial Center.
Subsequently in 2012, the NNCPC was amended to increase the allowable residential development intensity by
a total of 94 units and allocating the 94 units plus the 430 residential units already allocated to the MU-H3
portions of the NNCPC solely to San Joaquin Plaza. In connection with the amendment to the NNCPC, an amend-
ment to the Zoning Implementation and Public Benefit Agreement DA2007-002 (Development Agreement) was
approved. The Development Agreement amendment included the incorporation of portions of Blocks 100, 400,
the open space parcel in Newport Village, Block 800 in its entirety, as well as the additional 94 residential units.
In 2015, the NNCPC was amended for a fourth time to allow for a transfer of development intensity from outside
the NNCPC, to include a portion of Block 500, and to update various regulations. This AR contains several tables
that show development within North Newport Center as a whole and development by sub-area. The tables
provide a comprehensive review of the development within North Newport Center in terms of existing
development, maximum development (allowed by the General Plan) and development that has occurred during
2019. The tables break down each sub-area of North Newport Center individually and track the area developed
by land use, as applicable. A map that depicts the sub-areas within the NNCPC covered by this AR is shown as
Figure 1.
Figure 1 – Sub-Areas in North Newport Center Planned Community
10
Annual Report – 2019 (January 2020) 2
North Newport Center Zoning Implementation and Public Benefit Agreement – Expires August 2032
Summary Table – North Newport Center as of December 31, 2019
Sub-Area Entitlement Existing Development
Development
during 2019 Remaining Entitlement
Fashion Island
1,523,416 1,519,223 – 4,193
680 theater seats 450 theater seats – 230 theater seats
or 3,720 s.f. 1
Block 100 121,114 121,114 – 0
Block 400 91,727 91,727 – 0
Block 500 623,525 622,622 – 903
Block 600 1,605,899 2 1,310,899 – 0
295 hotel rooms 295 hotel rooms – 0
Block 800 286,166
245 residential units
286,166
245 residential units
– 0
San Joaquin Plaza 95,550 95,550 – 0
524 residential units 524 residential units – 0
All numbers in this table are shown in square feet (s.f.) unless otherwise indicated.
1 The remaining entitlement is 230 seats, which has a gross floor area equivalent of 3,720 s.f. (16.1765 s.f./seat x 230 seats).
2 The General Plan entitlement figure includes allocations for hotel square footage, which is not represented in the Existing Development or Remaining Entitlement columns.
Development Summary
Annual monitoring of development is required by Development Agreement 2007-002 between the City of
Newport Beach and Irvine Company as part of the North Newport Center Project which is in effect until 2032.
Below is a list of permits that were issued within North Newport Center between January and December 2019.
Note that the City bases the building permit gross floor area (g.f.a.) calculations on the Building Code definition
and not the entitlement g.f.a. on the definition contained in the NNCPC, 4th Amendment, which is slightly
different from the Building Code and excludes support uses (Section II.3). There were no permits issued or
finalized in 2019 that resulted in changes to the gross floor area entitlement.
Date Sub-Area Summary of Action
Feb 2019
Feb 2019
Feb 2019
Feb 2019
Mar 2019
Jun 2019
Jul 2019
Aug 2019
Aug 2019
Sept 2019
Oct 2019
Nov 2019
Nov 2019
Oct 2019
Nov 2019
Fashion Island
(Final)
(Final)
(Final)
(Issued)
(Final)
(Final)
(Final)(Final)
(Issued)
(Final)
(Final)
(Final)
(Final)
(Issued)
(Issued)
1063 Newport Center Drive (X2019-0067)
563 Newport Center Drive (X2019-0567)
953 Newport Center Drive (X2019-0036)
811 Newport Center Drive (X2019-0035)
563 Newport Center Drive (X2019-0942)
363 Newport Center Drive (X2019-1821)
815 Newport Center Drive (X2019-2383)
369 Newport Center Drive (X2019-2616)
809 Newport Center Drive (X2019-0769)
953 Newport Center Drive (X2019-2970)
101 Newport Center Drive (X2019-3132)
247 Newport Center Drive (X2019-3682)
941 Newport Center Drive (X2019-3606)
807 Newport Center Drive (X2019-2510)
957/953 Newport Center Drive (X2019-3700)
Aug 2019
Block 400
(Issued)
450 Newport Center Drive (X2019-1015)
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Annual Report – 2019 (January 2020) 3
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Date Sub-Area Summary of Action
Jan 2019
May 2019
Jun 2019
Dec 2019
Block 500
(Final)
(Final)
(Final)
(Issued)
520 Newport Center Drive (X2019-0327)
520 Newport Center Drive (X2019-1583)
520 Newport Center Drive (X2019-1986)
520 Newport Center Drive (X2019-3427)
Feb 2019
Apr 2019
Apr 2019
Jun 2019
Jul 2019
Jul 2019
Aug 2019
Oct 2019
Oct 2019
Oct 2019
Dec 2019
Dec 2019
Block 600
(Final)
(Final)
(Final)
(Final)
(Final)
(Final)
(Issued)
(Issued)
(Issued)
(Final)
(Final)
(Final)
680 Newport Center Drive (X2019-0459)
680 Newport Center Drive (X2019-1106)
680 Newport Center Drive (X2019-1107)
610 Newport Center Drive (X2019-0618)
660 Newport Center Drive (X2019-2065)
660 Newport Center Drive (X2019-2139)
610 Newport Center Drive (X2019-1651)
610 Newport Center Drive (X2019-1649)
610 Newport Center Drive (X2019-1547)
620 Newport Center Drive (X2019-2634)
610 Newport Center Drive (X2019-1617)
610 Newport Center Drive (X2019-1198)
Dec 2019
San Joaquin Plaza
(Issued)
888 San Clemente Drive (X2019-3920)
The tables below show development within North Newport Center by sub-area. All numbers are shown in gross
square feet unless otherwise indicated. The tables are intended to track development annually and provide a
comprehensive listing of development by land use. The “Demolished” column reflects the final square footage
demolished, not the square footage stated in a demolition permit. Similarly, the “Built” column reflects the
square footage provided in a Certificate of Use and Occupancy and not the square footage stated in a building
permit. There were no permits issued or finalized in 2019 that resulted in changes to the gross floor area
entitlement.
Fashion Island
Entitlement
January 2019
Existing
Development
January 2019
Transferred/
Converted Demolished
Permitted
(Demo/New) Built
Tracking
Number
Existing
Development
December 2019
Entitlement
December 2019
Land Use
Regional Commercial 1,523,416 1,519,223 1,519,223 1,523,416
Theater Seats 680 450 450 680
Block 100
Entitlement
January 2019
Existing
Development
January 2019
Transferred/
Converted Demolished
Permitted
(Demo/New) Built
Tracking
Number
Existing
Development
December 2019
Entitlement
December
2019
Land Use
Office/Commercial 121,114 121,114 121,114 121,114
Block 400
Entitlement
January 2019
Existing
Development
January 2019
Transferred/
Converted Demolished
Permitted
(Demo/New) Built
Tracking
Number
Existing
Development
December 2019
Entitlement
December 2019
Land Use
Office/Commercial 91,727 91,727 91,727 91,727
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Block 500
Entitlement
January
2019
Existing
Development
January 2019
Transferred/
Converted Demolished
Permitted
(Demo/New) Built
Tracking
Number
Existing
Development
December 2019
Entitlement
December 2019
Land Use
Mixed Use Horizontal
3 (MU-H3) 623,525 622,622 622,622 623,525
Residential Units 0 0 0 0
Block 600
Entitlement
January 2019
Existing
Development
January 2019
Transferred/
Recovered Demolished
Permitted
(Demo/New)
Built/
C of O
Tracking
Number
Existing
Development
December 2019
Entitlement
December 2019
Land Use
Mixed Use Horizontal
3 (MU-H3) 1,310,8993 1,310,899 1,310,899 1,310,899*
Residential Units 0 0 0 0
Hotel Rooms 295 295 295 295
3 Reflects only Office Entitlement.
Block 800
Entitlement January 2019
Existing
Development January 2019 Transferred/Converted Demolished Permitted (Demo/New) Built Tracking Number
Existing
Development December 2019
Entitlement
December 2019
Land Use
Office/Commercial 286,166 286,166 286,166 286,166
Residential Units 245 245 245 245
San Joaquin Plaza
Entitlement
January
2019
Existing
Development
January 2019
Transferred/
Converted Demolished
Permitted
(Demo/New) Built
Tracking
Number
Existing
Development
December 2019
Entitlement
December 2019
Land Use
Mixed Use Horizontal
3 (MU-H3) 95,550 95,550 95,550 95,550
Residential Units 524 524 524 524
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Public Benefits
The Public Benefits Table below lists all of the public benefits resulting from Development Agreement No. DA2007-002 entitled The Zoning Implementation
and Public Benefit Agreement (Agreement) between the City of Newport Beach and Irvine Company Concerning North Newport Center and the Amendment
to the Agreement approved in August 2012 (herein referred to as the Development Agreement). Public benefits are listed in Section 4 of the development
agreement. Items that have been completed in previous reporting years are shown as Year Complete. Items completed in the current year are shaded. AHIP
compliance was achieved this year leaving ongoing traffic fair-share fees and in-lieu park fees as the sole remaining Development Agreement obligations.
Public Benefits Table
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference Timing/Milestone Payment/Contribution/Dedication Status
In-Lieu Park Fees for Renovation of Oasis Senior Center and for Park Uses
Section 4.1 Paragraphs 1-2 Regardless of whether a subdivision map is approved for any or all of the residential units, and prior to and as a condition to City’s issuance of the First Residential Building Permit (but in no event earlier than the Effective Date)
Landowner shall pay to City the greater of (i) the sum of $3,733,333.33 (which is 1/3 of the total Park Fees to be paid to City under this Agreement) (the “Initial Park Fee”) or (ii) the applicable Per Unit Park Fees (if the First Residential Building Permit includes more than one hundred forty-three (143) residential units).
Landowner’s payment of the Initial Park Fee shall entitle Landowner to a credit against payment of the Per Unit Park Fees for the first one hundred forty-three (143) residential units to be developed on the Property.
Total payment as of December 31, 2014: $3,733,333.33
Responsible party: Irvine Company
Completed Date: November 3, 2014
Section 4.1 Paragraph 2 Prior to and as a condition to City’s issuance of a building permit for development of the one hundred forty-fourth (144th) residential unit on any portion of the Property located in Newport Center Block 500, Newport Center Block 600, or San Joaquin Plaza
Landowner shall pay to City the sum of $17,364.11 (the difference between the Initial Park Fee and the total Per Unit Park Fees for 144 residential units)
Total payment as of December 31, 2014: $17,364.11
Responsible party: Irvine Company
Completed Date: November 3, 2014
In-Lieu Park Fees for Renovation of Oasis Senior Center and for Park Uses
Section 4.1 Paragraph 2 Prior to and as a condition to City’s issuance of each subsequent building permit for residential development within that portion of the Property
Landowner shall pay to City the sum of $26,046.51 per unit (“Per Unit Park Fees”)
* Less $5,600,000.00 paid on 3/10/09 per Section 4.1, Paragraph 4 (See Page 6 of Annual Report)
Number of units as of December 31, 2014: 286
Per unit: $26,046.51 *
Total payment: $1,849,302.56
Responsible party: Irvine Company
Completed Date: November 3, 2014
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Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference Timing/Milestone Payment/Contribution/Dedication Status
In-Lieu Park Fees for Renovation of Oasis Senior Center and for Park Uses
Section 4.1 Paragraph 3 If Landowner sells any residential unit developed within the Property to a third-party purchaser in other than a bulk sale of all of the units in a single residential building
Landowner shall pay to City at the time of such sale of an individual residential unit the then-applicable park fee for such unit as may be in effect at that time within the City of Newport Beach, less a credit for the amount of the Per Unit Park Fee paid prior to that time.
Please see Section 4.1, paragraph 3 for additional information regarding Landowner’s obligation to pay fees and memorandums to be recorded against the title of each unit.
Number of units sold as of December 31, 2019: (units) 0
Park fee per unit: $
Total payment: $ 0
Responsible party: Irvine Company
Completed
In-Lieu Park Fees for Renovation of Oasis Senior Center and for Park Uses
Section 4.1 Paragraph 4 If, on the date that City awards a contract for renovation of the Oasis Senior Center, the total sum of both the Initial Park Fee and the Per Unit Park Fees paid by Landowner to City to date is less than the sum of $5,600,000
Within five (5) days after City’s award of the contract, Landowner shall pay to City the difference (“Park Fee Advancement”). Landowner’s payment of the Park Fee Advancement shall entitle Landowner to a credit against the Initial Park Fee (if not paid by the time the Park Fee Advancement is paid) and against the next Per Unit Park Fees that otherwise would be due and payable to City until the entire credit is exhausted. After such credit is exhausted, prior to and as a condition to City’s issuance of each subsequent building permit for residential development of any portion of the Property located in Newport Center Block 500, Newport Center Block 600, or San Joaquin Plaza, Landowner shall continue to pay the Per Unit Park Fees as residential building permits are issued.
Date that City awards a contract for renovation of the Oasis Senior Center 3/10/2009
Check below if answer is “yes.”
The total sum of both the Initial Park Fee and the Per Unit Park Fees paid by Landowner to City is less than the sum of $5,600,000 (as of date above)
If box above is checked, then Landowner shall pay to City “Park Fee Advancement” in the amount of: $5,600,000
No initial park fees paid. Lump sum payment to City: $5,600,000
Responsible party: Irvine Company
Completed Date: 3/10/ 2009
In-Lieu Park Fees for Renovation of Oasis Senior Center and for Park Uses
Section 4.1 Paragraph 5 Not specified City shall earmark $5,600,000 of the Park Fees to be paid by Landowner (one-half of the total Park Fees) as a matching challenge grant to apply toward contributions to the renovation of the Oasis Senior Center.
Responsible party: City of Newport Beach
Completed date: Early 2009 (prior to construction)
In-Lieu Park Fees for Renovation of Oasis Senior Center and for Park Uses
Section 4.1 Paragraph 5 Not Specified City shall apply any Park Fees not spent by City on the renovation of the Oasis Senior Center to any park use as determined by City. Landowner acknowledges that the actual amount of funds raised through the matching challenge may be less than $5,600,000 and that the amount raised shall not affect the amount of Park Fees payable by Landowner to City.
Responsible party: City of Newport Beach
Completed date: Early 2009 (prior to construction)
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Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference Timing/Milestone Payment/Contribution/Dedication Status
Public Benefit Fee Section 4.2 Paragraph 1 Not specified Landowner shall pay to City the sum of $27,090,000 as set forth in Section 4.2 (“Public Benefit Fee”), of the Development Agreement.
Payment in the sum of $27,090,000 paid in full as of November 3, 2014
Responsible party: Irvine Company
Completed (7/26/11 and 11/3/14 as indicated below)
Section 4.2 Paragraph 1 Prior to and as a condition to the issuance of the First Building Permit – 650 Newport Center Drive
Landowner shall pay to City the sum of $13,545,000, which is one-half of the Public Benefit Fee (“Initial Public Benefit Fee”).
Payment: as of July 26, 2011 $13,545,000
Responsible party: Irvine Company
Completed
Section 4.2 Paragraph 1 Upon the issuance of building permits for the 430 residential units authorized for development within the Property.
The balance of the Public Benefit Fee shall be paid to City. The amount payable by Landowner to City for each such residential unit shall be the sum of $31,500.
Building permits have been issued for 430 residential units as of November 3, 2014
Total payment (balance of the Public Benefit Fee): $13,545,000
This equates to $31,500 per unit for 430 units.
Total payment as of November 3, 2014
Responsible party: Irvine Company
Completed
Fair Share Traffic Fees Section 4.3 Paragraph 1 The Property is subject to City’s Fair Share Traffic Contribution Ordinance, which requires the payment of certain fair share traffic fees for development (“Fair Share Traffic Fees”).
The City is in the process of considering updates and amendments to its Fair Share Traffic Contribution Ordinance and its Fair Share Traffic Fees and that as a result of such updates and amendments the Fair Share Traffic Fee charged by City may be increased (the “Initial Fee Increase”).
Notwithstanding any other provision set forth in the Development Agreement to the contrary, Landowner agrees that Landowner and the Property shall be subject to the modified Fair Share Traffic Contribution Ordinance including the increased fees payable pursuant to the Initial Fee Increase. This applies to square footage that was newly entitled under this agreement.
Please see Section 4.3 of the Development Agreement for additional detailed information pertaining to fees.
Fair Share Traffic Fees paid for 2019: $ None Required
Responsible party: Irvine Company
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North Newport Center Zoning Implementation and Public Benefit Agreement – Expires August 2032
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference Timing/Milestone Payment/Contribution/Dedication Status
Circulation Enhancements to Public Right of Way
Section 4.4 Paragraph 1 “Circulation Enhancement Contribution” to reimburse City for City’s expenses incurred for the design and construction of one or more of the circulation improvements listed in Section 4.4 of the Development Agreement, as determined by the City’s Director of Public Works, should City choose to approve the circulation enhancements after its environmental review and approval process and in compliance with CEQA. Please refer to Section 4.4, paragraph 1 of the Development Agreement for the list of circulation enhancements.
Landowner shall contribute to City the sum of Two Million Five Hundred Thousand Dollars ($2,500,000.00) (“Circulation Enhancement Contribution”).
Check below if answer is “yes.” The City choses to approve, design and construct one or more of the circulation enhancements listed in Section 4.4 of the Development Agreement Date: See note below Note: See page 17 for additional information. If box above is checked, then Landowner shall contribute up to $2,500,000.00 based on actual costs requested by the City and the amount spent by Irvine Company on those projects the City agreed could be built by Irvine Company. Responsible party: Irvine Company
Completed Date: 12/31/13
Circulation Enhancements to Public Right of Way
Section 4.4 Paragraph 2 Landowner shall pay the Circulation Enhancement Contribution to City from time to time after the Effective Date, within thirty (30) days after receipt of written request for reimbursement from City, with any balance to be paid to City on the date that is sixty (60) months after the Effective Date (the Effective Date is January 18, 2008) regardless of whether City has incurred the cost for the foregoing improvements. Alternatively, Landowner and City may mutually agree upon arrangements for Landowner to use the Circulation Enhancement Contribution to construct the foregoing improvements subject to City’s approval.
Landowner shall pay the Circulation Enhancement Contribution to City from time to time after the Effective Date and Landowner will pay any balance to the City up to a maximum contribution of $2,500,000.00 less the cost for any improvements constructed by Landowner. Contributions shall be paid by Landowner upon receipt of invoices from the City.
Indicate payment(s) below (if applicable): Amount paid by Landowner to City for Circulation Enhancement Contribution as of December 31, 2013 $1,905,803 Date that is 60 months after the Effective Date: January 18, 2013 Amount of balance paid by Landowner to City as of ___________ (date) Responsible party: Irvine Company
Completed
or
Check this box if Landowner and City mutually agree for Landowner to use contribution to construct improvements.
Date: ________________ Amount used to construct improvements as of December 31, 2013: $676,222 Responsible party: Irvine Company
Completed
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Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference Timing/Milestone Payment/Contribution/Dedication Status
Dedication of Public
Rights of Way
Section 4.5
Paragraph 1
At such time as City provides legal descriptions
for the public rights of way, which descriptions
shall be consistent with the design of the
circulation improvements for said public right of
way.
Landowner shall provide an offer of dedication to City for
the additional public rights of way necessary for
circulation improvements on the north side of San Miguel
Drive between MacArthur Boulevard and Avocado
Avenue and on Avocado Avenue between San Nicolas
Drive and San Miguel Drive.
Please see Section 4.5 of the Development Agreement
for additional information.
Responsible party: Irvine Company
Completed
No longer applicable due to dedication of Avocado parcel on October 17, 2008, as described in Section 4.6 Paragraph 1 below. Avocado parcel dedication documented in 2008 Annual Report.
Dedication of Public Rights of Way Section 4.5 Paragraph 1 At such time as City provides legal descriptions for the public rights of way, which descriptions shall be consistent with the design of the circulation improvements for said public right of way.
Landowner shall convey the public right of way to City (through the recordation of an offer of dedication without any restrictions or qualifications) free and clear of all recorded and unrecorded monetary liens, any delinquent property taxes or assessments, and all tenancies, lessees, occupants, licensees, and all possessory rights of any kind or nature.
In addition, upon the conveyance, there shall not be any violation of any law, rule, or regulation affecting the public right of way or its use, including any environmental law or regulation, and Landowner shall be responsible for causing said condition to be satisfied.
Check this box if the Landowner has recorded an offer of dedication to the City without any restrictions or qualifications.
Responsible party: Irvine Company
Completed
No longer applicable due to dedication of Avocado parcel on October 17, 2008, as described in Section 4.6 Paragraph 1 below. Avocado parcel dedication documented in 2008 Annual Report.
Open Space Dedication Section 4.6 Paragraph 1 Landowner shall dedicate to City (through the recordation of a grant deed) the open space parcel in Newport Center comprised of approximately 3.18 acres of land area, bounded on the north by the Orange County Transportation Authority site, the east by MacArthur Boulevard, the south by San Miguel Drive, and the west by Avocado Avenue (“Open Space Parcel”),within thirty (30) days after the earliest of the following: (i) City has awarded a construction contract for the construction of City Hall at any location within the City or (ii) the option to purchase the Option Site has terminated as provided in Section 4.8.1 of Development Agreement No. DA2007-002.
Landowner shall convey the Open Space Parcel for open space or public facilities purposes, to City free and clear of all recorded and unrecorded monetary liens, any delinquent property taxes or assessments, and all tenancies, lessees, occupants, licensees, and all possessory rights of any kind or nature.
Check below if the answer to (i) or (ii) is “yes.”
(i) City has awarded a construction contract for the construction of City Hall at any location within the City
Date: Not Applicable
(ii) the option to purchase the Option Site has terminated as provided in Section 4.8.1 of Development Agreement No. DA2007-002.
Date: May 27, 2008
Within 30 days after the earliest of one of the two events listed above, Landowner shall dedicate to City (through the recordation of a grant deed) the open space parcel in Newport Center comprised of approximately 3.18 acres of land area
Check this box once the grant deed has been recorded.
Date: October 17, 2008
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North Newport Center Zoning Implementation and Public Benefit Agreement – Expires August 2032
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference Timing/Milestone Payment/Contribution/Dedication Status
Open Space Dedication Section 4.6 Paragraph 1 Not specified Landowner shall, at its sole cost and expense, cause a title company selected by City to issue to City an owner’s policy of title insurance for the Open Space Parcel with liability in an amount reasonably determined by City (but not exceeding the fair market value of the Open Space Parcel) showing fee title to the Open Space Parcel vested in City, free and clear of the liens, rights, and encumbrances referred to in Section 4.6 of Development Agreement No. DA2007-002.
Check this box once Landowner, at its sole cost and expense, has caused a title company selected by City to issue to City an owner’s policy of title insurance for the Open Space Parcel
Date: October 17, 2008
Responsible party: Irvine Company
Retrofit Sprinkler Systems Section 4.9 Paragraph A The Newport Center Drive system retrofit shall be completed by June 2008. Landowner shall retrofit the existing sprinkler systems in the Newport Center Drive parkways and medians to low flow technology with the following specifications:
(1) The control system must monitor and adjust itself not less than daily, using either evapotranspiration rates for the Corona del Mar microclimate or soil moisture levels monitored at enough locations in the irrigation area as to cover each soil and slope type in Newport Center.
(2) The control system must adjust to rain conditions to limit or eliminate watering during rain events.
(3) The sprinkler heads must eliminate overspray onto roads, sidewalks, and other hardscape either by using highly targeted heads that only water the plant material or by using a sprinkler-like wicking system, such as the Jardinière system
(4) The performance of the sprinkler systems must be monitored on a regular basis. Landowner agrees to install flow meters to detect line and/or sprinkler head breaks when wireless flow meter technology is proven and commercially available.
Check each box below upon implementation of the corresponding low flow technology listed to the left.
(1)
(2)
(3)
(4)
Check this box once the Newport Center Drive system retrofit is completed.
Date: November 1, 2008
Responsible party: Irvine Company
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North Newport Center Zoning Implementation and Public Benefit Agreement – Expires August 2032
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference Timing/Milestone Payment/Contribution/Dedication Status
Retrofit Sprinkler Systems Section 4.9 Paragraph A The Fashion Island retrofit shall be completed in phases in conjunction with the water quality enhancements in Section 4.9B of the Development Agreement.
Landowner shall retrofit the existing sprinkler systems in the landscape areas within Fashion Island to low flow technology with the following specifications:
(1) The control system must monitor and adjust itself not less than daily, using either evapotranspiration rates for the Corona del Mar microclimate or soil moisture levels monitored at enough locations in the irrigation area as to cover each soil and slope type in Newport Center.
(2) The control system must adjust to rain conditions to limit or eliminate watering during rain events.
(3) The sprinkler heads must eliminate overspray onto roads, sidewalks, and other hardscape either by using highly targeted heads that only water the plant material or by using a sprinkler-like wicking system, such as the
Jardinière system
(4) The performance of the sprinkler systems must be monitored on a regular basis. Landowner agrees to install flow meters to detect line and/or sprinkler head breaks when wireless flow meter technology is proven and commercially available.
Check each box below upon implementation of the corresponding low flow technology specification listed to the left.
(1)
(2)
(3)
(4)
Check this box once the Fashion Island retrofit is completed
Date: December 2009
Sprinkler retrofit is 100% complete.
Responsible party: Irvine Company
Fashion Island Water Quality Enhancements
Section 4.9 Paragraph B Not specified Landowner commits to expend a minimum of $1 million to enhance the water quality treatment (which could include bio-filtration, media filtration or other technology) of those surface parking areas of Fashion Island which are not otherwise included within the new development or redevelopment projects.
Landowner has full discretion as to the treatment methods utilized and improvement phasing, to ensure that the improvements integrate with the water quality treatment plans of the new development areas.
For the year 2014, indicate the amount expended to enhance the water quality treatment of those surface parking areas in Fashion Island:
For 2014 $47,300
Cumulative Total – see page 18 for additional information $1,030,674
Completed
The amount spent above is as of December 31, 2014.
Responsible party: Irvine Company
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Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference Timing/Milestone Payment/Contribution/Dedication Status
Fashion Island Water Quality Enhancements
Section 4.9 Paragraph B Annually. The first report is due by January 18, 2009 (one year after the Effective Date of January 18, 2008).
Landowner agrees to make annual reports to the City regarding the progress of these enhancements including the work performed and the amount expended.
Check this box when the 2014 Annual Report is submitted to the City. Date: January 16, 2015
Maintenance was conducted on the water quality treatment systems. See page 18 for additional information for year 2014.
Responsible party: Irvine Company
Cooperation of Landowner if City Hall Constructed on Property North of Library
Section 4.10 Paragraph 1 If City elects to construct a new City Hall on the property located on the east side of Avocado Avenue, north of the Central Library
Landowner shall cooperate in good faith with City to implement any necessary land use regulations, including zoning amendments, and to release and terminate the use restrictions contained in the deed for the property to allow for and accommodate construction of a new City Hall on that site.
Check this box if the City elects to construct a new City Hall on the site north of the Central Library.
Check this box once Landowner has cooperated in good faith with the City and has released and terminated the use restrictions contained in the deed for the property. Date: May 20, 2008
Responsible party: Irvine Company
Dedication of Lower Castaways Section 4.11 Paragraph 1 Upon issuance of the First Building Permit Landowner shall dedicate to City the Lower Castaways site for municipal or municipally sponsored uses allowed under the General Plan’s Recreational Marine Commercial designation, such as park, marine educational facility, marine research and conservation facility, or marine and harbor dependent service and support uses and other similar uses in furtherance of the Tidelands Trust.
Check this box once the first building permit has been issued. Date: Not Applicable
Check this box once the Lower Castaways site has been dedicated to the City Date: October 17, 2008
Responsible party: Irvine Company
Dedication of Lower Castaways Section 4.11 Paragraph 1 Not specified The property shall have a deed restriction in favor of Landowner which shall restrict the City’s use of the property to such uses (listed in the row above), and allow the City to contract with a for profit or non-profit entity to operate certain municipal facilities or to use the property in furtherance of such uses; provided that the City may not transfer the property, by sale or long-term lease to any private, for-profit company for any commercial boat marina.
Check this box once a deed restriction has been issued in favor of the Land-owner for the Lower Castaways site Date: October 17, 2008
Responsible parties: Irvine Company and the City of Newport Beach
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Ongoing Obligations and Public Benefits
The table below lists ongoing obligations from Irvine Company and additional public benefits resulting from Development Agreement No. DA2007-002
referenced above and as amended in August 2012. Ongoing obligations and public benefits listed in the table below are from various sections of the
Development Agreement, not including Section 4, Public Benefits. The Implementation and Document Compliance with AHIP is the remaining obligation
and will be reported on in the Year 2017 Annual Report.
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference Timing/Milestone Payment/Contribution/Dedication Status
Implement and Document Compliance with AHIP
Section 3 Implementation schedule:
*Certificate of use and occupancy for 100th
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 300th
market rate unit / one-third of required units.
Affordable housing agreement will be executed and recorded for designated affordable units in The Bays apartment complex before the point where a certificate of use and occupancy is issued for the related market rate units.
TIC must implement and document compliance with the Affordable Housing Implementation Plan (“AHIP”) as amended and adopted in August 2012.
Check the appropriate box once an affordable housing agreement has been executed and recorded for each phase below.
Affordable Housing Agreement Executed: August 5, 2015 Recorded: September 15, 2015
100th market rate unit Date: October 6, 2017
200th market rate unit Date: October 6, 2017
300th market rate unit Date: October 6, 2017
Responsible party: Irvine Company
Pubic Benefit Fee Section 6 (Amendment) A fee shall be paid for the 431st unit and all subsequent units at the time the building permit is issued
A total of $63,000.00 per unit for the additional 94 units approved in 2012 shall be paid. The total payment is $5,922,000.00
Building permit issuance for units 431 through 524.
Date: November 3, 2014
Payment: $5,922,000.000
Responsible party: Irvine Company
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Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference Timing/Milestone Payment/Contribution/Dedication Status
Public Benefit Fee for Parks Section 7 (Amendment) Prior to issuance of each building permit a Public Benefit Fee for parks shall be paid on or before July 1, 2013.
TIC shall pay $26,046.51 per unit for each of the additional 94 residential units added to the NNCPC. Amount paid by TIC to City for Public Benefit Fee for Parks: $2,448,371.94
Date: July 1, 2013
Responsible party: Irvine Company
Complete*
*Amount was paid on or before July 1, 2013 but not reported in the 2013 Annual Report
Development of Option Site with 72,000 Square Feet of office use
Sections 6.7 and 7.1 TPO approval and compliance with the fair share traffic fee requirements must occur before TIC can develop the Option Site.
Since the City will not be developing the Option Site with 72,000 square feet:
TIC must conduct a traffic analysis, provide traffic mitigation in compliance with the Traffic Phasing Ordinance (“TPO”), pay the applicable Fair Share Traffic Fees, and obtain TPO approval from the Planning Commission (appeal goes to City Council) before it can develop the Option Site with 72,000 square feet of office use.
Check this box when TPO approval and compliance is attainted
Date: August 7, 2008
Responsible party: Irvine Company
Complete Construction of a Third Eastbound Left Turn Lane at the Intersection of MacArthur Blvd. and San Joaquin Hills Road
Section 7.3 No later than the earlier of: (1) the date the City issues the certificate of occupancy for any new development under the First Building Permit (but specifically excluding the building permit for the Parking Structure), or (2) the date that is 60 months after the Effective Date.
60 months after the Effective Date is January 18, 2013 (60 months after January 18, 2008).
Complete construction of a third eastbound left turn lane at the intersection of MacArthur Boulevard and San Joaquin Hills Road (within the existing right of way except for any needed dedication at the southwest corner).
Check this box once lane construction is complete
Date: October 2012
Responsible party: Irvine Company
Reimbursement for Bayside Walkway Connection
Section 8 (Amendment) Payment by Landowner to City within 90 days after receipt of written notice that contract for project construction has been awarded.
No more than $200,000.00 reimbursement for actual costs for plans, specifications, permits and/or construction.
Amount paid by Landowner to City: $152,257.22
Date: July 5, 2014
Responsible party: Irvine Company
Complete
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North Newport Center Zoning Implementation and Public Benefit Agreement – Expires August 2032
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference Timing/Milestone Payment/Contribution/Dedication Status
Annual Review of Compliance with Code Sections
Section 14 First annual review (including an updated tracking chart of built intensity and provision of public benefits) must take place by January 18, 2009 (one year after the Effective Date of January 18, 2008).
The parties must conduct annual review of compliance with California Government Code sections 65865 and 65865.1 and City of Newport Beach Municipal Code §15.45.070.
TIC must document the current status of its entitlement use (i.e., a tracking chart of built intensity) and its provision of the public benefits identified in Section 4 of the Development Agreement.
Check this box once the first annual review has taken place
Date: January 16, 2009
(City Council approval February 24, 2009)
Responsible party: Irvine Company
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North Newport Center Zoning Implementation and Public Benefit Agreement – Expires 2032
City Concurrence
By signing below, the City acknowledges its concurrence with the information presented in the Annual Report.
City Acknowledgement
Signature Date
Title
Annual Report Distribution
A complete Annual Report for North Newport Center shall be completed and distributed no later than January
18 following each prior year to the individuals listed below.
City of Newport Beach
100 Civic Center Drive
Post Office Box 1768
Newport Beach, California 92658-8915
Attn: City Manager
City of Newport Beach
100 Civic Center Drive
Post Office Box 1768
Newport Beach, California 92658-8915
Attn: City Attorney
Irvine Company
550 Newport Center Drive
Newport Beach, California 92660-0015
Attn: Jeff Davis
Latham & Watkins LLP
600 West Broadway, Suite 1800
San Diego, California 92101-3375
Attn: Christopher W. Garrett
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North Newport Center Zoning Implementation and Public Benefit Agreement – Expires 2032
4.4 Circulation Enhancements to Public Right of Way – Completed 2013
Section 4.4 of the North Newport Center Zoning Implementation and public Benefit Agreement requires that individual enhancement projects be established through
discussion with the City of Newport Beach Director of Public Works. The table below lists the individual projects resulting from those discussions and the actual or estimated
cost for individual project components as of December 31, 2013. Projects 1-4 were completed in 2012. Project 5 was completed in 2013. As shown in the table, the total
Irvine Company contribution through a combination of direct construction costs and reimbursement to the city exceeded the established maximum requirement of
$2,500,000.
North Newport Center – Circulation Enhancements to Public Right of Way
Transportation Improvements Program
Completed December 31, 2013
Project Estimated Project Cost1 Potential CEC Contribution
Cumulative CEC Total Potential Contribution
(Maximum Contribution Limited To $2,500,000)2 Remaining CEC Commitment
1. San Miguel Widening and Intersection Improvements (MacArthur to west of Avocado)
including:
- Signal modifications at MacArthur and Avocado
- Relocation of NW corner entry monument and pine tree replacement
(Complete 2012)
Contract Cost = $ 1,355,6503
CIOSA Funding = $ 450,330
Remaining Cost = $ 905,320
City Reimbursement = $ 905,320
Additional Costs = $ 42,8884
Total Contribution = $ 948,208 $948,208 $1,551,792
2. Upgrade Existing Newport Center Traffic Signals (City Project No. C3002009)
including:
- Interconnection of Signals
- Traffic Signal @ Anacapa/Newport Center Drive (Partial)
- Signal Modifications @ San Miguel/Newport Center Drive (Complete)
(Complete 2012) $920,9645 $910,4836 $1,858,691 $641,309
3. Newport Center Drive Parking Revisions
(Complete 2012) $90,000 $90,0007 $1,948,691 $551,309
4. Add fourth leg to Center Drive intersection with Newport Center Drive and signalize
(Complete 2012) $300,0008 $354,4969 $2,303,187 $196,813
5. Operational Improvements to streets adjacent to Blocks 500 and 600 of Newport
Center Drive (Santa Rosa Revisions - Built by Irvine Company)
(Complete 2013) $240,828 $278,83810 $2,582,02511 -0-
1 As established in Section 4.4 of the 2011 North Newport Center Annual Report
2 Per North Newport Center, “Zoning Implementation and Public Benefit Agreement” – Section 4.4 (December 18, 2007)
3 Excluding City contributions of $125,000 (City Hall costs for Farallon City Hall site entry)
4 Direct costs to Irvine Company incurred outside of City Contract
5 Based on Contract awarded (6/14/11) including $51,000 of contingencies
6 Per Tony Brine’s September 13, 2013 e-mail
7 Per $90,000 final cost, consisting of $51,200 in contractor costs (per 9/13/13 e-mail from Tony Brine) and $38,800 spent by Irvine Company on project development and design
8 Per Irvine Company documentation
9 Per final contract costs provided by Irvine Company
10 Per Irvine Company’s final project cost for design and construction
11 The total amount paid/contribute by Irvine Company, therefore, exceeds the Maximum Contribution by $85,025.
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North Newport Center Zoning Implementation and Public Benefit Agreement – Expires 2032
4.9 B. Fashion Island Water Quality Enhancements – Fashion Island Parking Areas
Fashion Island WQMP Master Plan and Treatment - A master treatment plan has been created for all parking
lot surface areas in Fashion Island, taking into consideration timing of development phasing, maximizing
treatment potential for non-development areas and implementing construction efficiencies for cost
minimization.
Technical oversight on treatment design and selection to meet State Water Quality Treatment requirements
utilizing bio-retention, media filtration and other technology was provided by Stantec Civil Engineering, NMG
Soil Engineering and Geosyntec Engineering, a leading bio-retention engineering company.
The proposed treatment plan when fully implemented would treat 95% of the parking lot surface areas and 95%
of building and hardscape areas. The treatment design will include four bio-retention systems and six media
cartridge vault systems designed to treat a total tributary area of 1,687,617 square feet of surface parking area,
including 1,539,099 square feet of Non-Development area. An additional 1,283,180 square feet of retail building
area, including 1,096,658 square feet of Non-Development area, will be treated as a result of utilization of
existing storm line systems. Nineteen percent of non-development tributary area will be treated by bio-retention
systems with the remaining 81% treated by media cartridge vault. Additional water quality improvements will
occur in future years.
The following tables identify the Non-Development Water Quality Treatment from 2008 through December 31,
2014, and the compliance to date with Section 4.9, Paragraph B of the Development Agreement. Water quality
treatment costs in 2014 include maintenance of the water quality treatment systems.
Fashion Island Non-Development Water Quality Treatment – Completed 2014
Location/Name
Tributary
Area (sf)1
Non-
Development
Area (sf)2
Installation
Cost
Operational
Cost Total Cost
Total Cost
2008
Total Cost
2009
Total Cost
2010
Total Cost
2011
Total Cost
2012
Total Cost
2013
Total Cost
2014
1 Bldg. B
and C 299,623 174,240 $121,709 - $121,709 - - - - $121,709 -
3 PS2
Frontage 324,251 16,273 $10,932 - $10,932 - $10,932 - - - -
3 Bldg. D 58,735 4,000 $88,748 - $88,748 - - - - $88,748
4 PS2 160,453 102,727 $99,020 - $99,020 - $99,020 - - - -
5,6 Center
Drive 406,642 349,787 $217,957 - $217,957 - - - - $217,957 -
7,8 Eastside 871,133 432,234 $282,158 $250 $282,408 $112,961 $169,447 - - - -
Maintenance - - - - - - - $34,000 $34,000 $47,300 $47,300 $47,300
Total $731,776 $250 $732,026 $112,961 $279,399 $34,000 $34,000 $386,966 $136,048 $47,300
1 This figure represents the total area treated and includes Development and Non-Development areas.
2 This figure represents only the Non-Development parking lot surface areas treated.
Compliance to Date, Section 4.9, Paragraph B – Development Agreement
Commitment Existing Enhancement
2014
Enhancement
Commitment
To-Date Remaining Commitment
$1,000,000 $983,374 $47,300 $1,030,674 $0
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May 14, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 7. Annual Review of the North Newport Center Development
Agreement No. DA2007-002 (PA2009-023)
1.The timing of the North Newport Center Development Agreement reviews has been erratic and
unpredictable. The last one, for calendar year 2018, occurred as ZA Item 4 on October 24,
2019, some 18 months after the one before that, for calendar year 2017 -- Item 10 on April 26,
2018.
What due date is currently regarded as fulfilling the code requirement to review development
agreements “at least once every twelve (12) months from the effective date of the agreement”?
2.The paragraph at the top of handwritten page 14 of the present report appears identical to the
one at the top of page 17 from October 2019. The statement that “AHIP compliance was
achieved this year leaving ongoing traffic fair-share fees and in-lieu park fees as the sole
remaining Development Agreement obligations” cannot be correct for both years.
3.Similarly, the paragraph at the top of handwritten page 22 appears identical to that at t he top of
page 25 from 2019. In both, the tense seems incorrect in the statement that “The
Implementation and Document Compliance with AHIP is the remaining obligation and will be
reported on in the Year 2017 Annual Report .”
4.According to the minutes of the October 24, 2019, review, there was a question about the Irvine
Company’s compliance with its obligation to pay Fair Share Traffic Fees, with a promise that a
“building permit would be re -opened and assessed the proper development impact fee.”
a.Looking more carefully, page 8 of “Annual Report – 2018 (January 2019)” (handwritten
page 19 of the October 2019 staff report) says (possibly a typo?) “Fair Share Traffic
Fees paid for 2017: $ None Required”
b.The comparable page of the current report (handwri tten page 16) says “Fair Share
Traffic Fees paid for 2019: $ None Required.”
c.Comparing these, there appears to be a gap in the reporting. Were any traffic impact
fees paid for the development in 2018?
Zoning Administrator - May 14, 2020 Item No. 7a Additional Materials Received
Annual Review of the North Newport Center Development Agreement (PA2009-023)