HomeMy WebLinkAbout2020-84 - Adopting General Plan Amendment No. GP2014-004 and Waiving General Plan Policies LU 6.15.7 And LU 6.15.13 for the Newport Airport Village Planned Community Development Located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4RESOLUTION NO. 2020-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
GENERAL PLAN AMENDMENT NO. GP2014-004 AND
WAIVING GENERAL PLAN POLICIES LU 6.15.7 AND LU
6.15.13 FOR THE NEWPORT AIRPORT VILLAGE
PLANNED COMMUNITY DEVELOPMENT LOCATED AT
4341, 4361, AND 4501 BIRCH STREET; 4320, 4340,
4360, 4400, 4500, 4520, 4540, 4570, 4600 AND 4630
CAMPUS DRIVE; AND 4525, 4533, AND 4647
MACARTHUR BOULEVARD (PA2014-225)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights,, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by Saunders Property Company ("Applicant")
with respect to property located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360,
4400, 4500, 4520, 4540, 4570, 4600 and 4630 Campus Drive; and 4525, 4533, and 4647
MacArthur Boulevard within the northerly portion of the Campus Tract, generally bounded
by Birch Street, Campus Drive, MacArthur Boulevard and the extension of Corinthian
Way, legally described on Exhibit A, which is attached hereto and incorporated herein by
reference ("Property");
WHEREAS, the Property is designated AO (Airport Office and Supporting Uses) by
the City of Newport Beach General Plan ("General Plan") Land Use Element and is located
within the OA (Office -Airport) Zoning District;
WHEREAS, the Applicant proposes a Planned Community Development Plan that
would allow redevelopment of the 16.46 -acre Property with up to 329 residential dwelling
units, exclusive of any density bonus as allowed pursuant to California Government Code
Section 65915 and up to 297,572 square feet of office, retail, and commercial use
("Project") which require the following approvals from the City:
• General Plan Amendment (GP2014-004) ("GPA") — A request to amend the
General Plan Land Use Designation of the Property from AO (Airport Office and
Supporting Uses) to MU -H2 (Mixed -Use Horizontal 2) and to amend Table LU2
(Anomaly Locations) to add Anomaly No. 86 to allow for the development of 329
dwelling units, exclusive of any permitted density bonus, and 297,572 square feet
of commercial uses;
Resolution No. 2020-84
Page 2 of 18
• Zoning Code Amendment (CA2014-009) — A request to change the zoning
designation of the Property from OA (Office Airport) to PC -60 (Newport Airport
Village Planned Community);
• Planned Community Development Plan (PC2020-002) — A request to adopt the
Newport Airport Village Planned Community Development Plan ("PCDP") which
sets the development design and use standards for the Property;
• Development Agreement (DA2014-003) ("Development Agreement") — A request
for a development agreement between the Applicant and the City, which would
provide vested rights to develop the Property, while also providing negotiated
public benefits; and
• Addendum to the 2006 General Plan Update and the 2014 General Plan Land Use
Element Amendment Environmental Impact Reports (ER2020-002) — Pursuant to
the California Environmental Quality Act ("CEQA"), the Addendum to the 2006
General Plan Update Program Environmental Impact Report ("PEIR") and 2014
General Plan Land Use Element Supplemental Environmental Impact Report
("SEIR") will address reasonably foreseeable environmental impacts resulting from
the Project;
WHEREAS, the Project is not located in the coastal zone; therefore, amending the
Local Coastal Program or a coastal development permit is not required;
WHEREAS, a telephonic study session was held on April 23, 2020, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19 to introduce the Project to the Planning Commission;
WHEREAS, a telephonic public hearing was held by the Planning Commission on
June 4, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the public hearing
was given in accordance with California Government Code Section 54950 et seq. ("Ralph
M. Brown Act") and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal
Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this public hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2020-020 by a unanimous vote (6 ayes, 0 nays) recommending the City Council
approve the Project;
Resolution No. 2020-84
Page 3 of 18
WHEREAS, due to the proposed amendments to the General Plan and the
Property's zoning regulations, California Public Utilities Code Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC")
for a determination of the Project's consistency with the Airport Environs Land Use Plan
("AELUP") for the John Wayne Airport;
WHEREAS, on July 16, 2020, the ALUC voted (6 ayes, 0 nays) finding the Project
inconsistent with the AELUP;
WHEREAS, pursuant to California Public Utilities Code Sections 21676(b), the City
Council adopted Resolution No. 2020-_, thereby finding the Project is consistent with
the purpose of the State Aeronautics Act and overriding the finding of inconsistency with
the AELUP; and
WHEREAS, telephonic public hearings were held by the City Council on
September 8, 2020 and September 22, 2020, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California, due to the Declaration of a State
Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time,
place and purpose of the public hearings were given in accordance with Public Utilities
Code Section 21676(b), the Ralph M. Brown Act, and Chapters 15.45 (Development
Agreements), 20.56 (Planning Community District Procedures) and 20.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the City Council at these public hearings.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: Amendments to the General Plan are a legislative act. Neither Title
20 (Planning and Zoning) of the NBMC, the Charter of the City of Newport Beach, nor
California Government Code Section 65350 et seq. set forth any required findings for
either approval or denial of amendments to the General Plan. Notwithstanding the
foregoing, the proposed amendments are consistent with the General Plan.
Resolution No. 2020-84
Page 4 of 18
Facts in Support
1. The request is to amend the General Plan Land Use designation from AO (Airport
Office and Supporting Services) to MU -H2 (Mixed -Use Horizontal 2). According to the
General Plan, "The MU -H2 designation applies to properties located in the Airport Area.
It provides fora horizontal intermixing of uses that may include regional commercial office,
multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary
neighborhood commercial uses." The PCDP would provide for a combination of
residential development, airport supporting uses, and a variety of commercial land uses
consistent with the description of the MU -H2 land use category.
2. The GPA does not eliminate existing or future land uses to the overall detriment of
the community given the Property's size, location, and surrounding uses. Designating the
Property to MU -H2 (Mixed -Use Horizontal 2) without the development capacity allows the
Property to be developed with residential or mixed-use development consistent with other
sites in the Airport Area.
3. The GPA is consistent with the following General Plan policies:
a. Land Use Element Policy LU 1.1 - Unique Environment. Maintain and enhance the
beneficial and unique character of the different neighborhoods, business districts, and
harbor that together identify Newport Beach. Locate and design development to reflect
Newport Beach's topography, architectural diversity, and view sheds.
The PCDP enhances the distinct, urban character of the Airport Area by providing a
means for replacing parking lots and small-scale commercial structures with attractive
and functional mixed-use development, in line with the General Plan goal of transitioning
the Airport Area to a mixed-use community. The Property is not in or near any of the City's
areas featuring the harbor, unique topography, or view sheds. The Project would
introduce a mix of land uses, including residential units to the Property consistent with the
uses and urbanized character of the JWA area and the MU -H2 (Mixed -Use Horizontal 2)
designation.
b. Land Use Element Policy LU 2.3 - Range of Residential Choices. Provide
opportunities for the development of residential units that respond to community and
regional needs in terms of density, size, location, and cost. Implement goals, policies,
programs, and objectives identified within the City's Housing Element.
Resolution No. 2020-84
Page 5 of 18
The Project will provide up to 444 dwelling units, which includes 329 base units and 115
density bonus units. To ensure the units are provided for multiple income categories, the
PCDP requires a mixed of market rate units and affordable units, which shall be provided
at the following rates: a minimum of 5% of units for very -low income households, or a
minimum of 10% of units for low-income households, or a minimum 10% of units for
moderate -income households within a common -interest development.
C. Land Use Element Policy LU 3.8 - Project Entitlement Review with Airport Land
Use Commission. Refer the adoption or amendment of the General Plan, Zoning Code,
specific plans, and Planned Community development plans for land within the John
Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan
(AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as
required by Section 21676 of the California Public Utilities Code. In addition, refer all
development projects that include buildings with a height greater than 200 feet above
ground level to the ALUC for review.
The Project is within the boundaries of the AELUP. The overseeing agency, ALUC, must
review the proposed General Plan Amendment and PCDP pursuant to Government Code
§ 65302.3 and Public Utilities Code § 21676. The purpose of the review is to determine
the Project's consistency with the AELUP prior to the City Council taking action on the
Project. The residential units would be limited to a 6.02 -acre portion of the 16.46 -acre
project site that is subject to noise ranging between 60 decibels ("dB") Community Noise
Equivalent Level ("CNEL") and less than 65 dB CNEL and not located within JWA Safety
Zone 3. All residential types are deemed "conditionally consistent" with nearby aircraft
operations by AELUP provided sound attenuation is provided and notification of future
residents and the public is posted. The PCDP includes regulations for sound attenuation
and the posting of signs in outdoor common areas and a neighborhood park if developed.
The residential portion of the Project is located in JWA Safety Zone 6 and the AELUP
allows residential uses in that zone. The PCDP does not introduce any new noise -
sensitive uses that are inconsistent with AELUP Noise Impact Zones or compatibility
qualities of the AELUP Safety Zones.
The PCDP allows for multi -family residential uses, including affordable units, offering a
variety of product types that can respond to market needs and diversify the City's housing
stock.
d. Land Use Element Policy LU 5.1.1 - Compatible but Diverse Development.
Establish property development regulations for residential projects to create compatible
and high-quality development that contributes to neighborhood character.
Resolution No. 2020-84
Page 6 of 18
The PCDP includes development standards and residential design guidelines to create a
compatible and high-quality mixed-use development that contributes to the emerging
urban neighborhood character of the Airport Area.
e. Land Use Element Policy LU 5.4.1- Site Planning. Require that new and renovated
office and retail development projects be planned to exhibit a high-quality and cohesive
"campus environment, " characterized by the following:
• Location of buildings around common plazas, courtyards, walkways, and
open spaces,
• Incorporation of extensive on-site landscaping that emphasizes special
features such as entryways,
• Use of landscape and open spaces to break the visual continuity of surface
parking lots,
• Common signage program for tenant identification and wayfinding,
• Common streetscapes and lighting to promote pedestrian activity,
• Readily observable site access, entrance drives and building entries and
minimized conflict between service vehicles, private automobiles, and
pedestrians.
The development of the Planned Community will result in high quality, cohesive
development of residential, office and retail uses based upon the PCDP regulations.
Pedestrian and bicycle connections are required between the residential areas and non-
residential areas, primary access to the residential buildings will face a public right-of-way
or central courtyard, and signs will be reviewed to ensure compatibility with the
development.
f. Land Use Element Policy LU 6.15.1 - Land Use Districts and Neighborhoods.
Provide for the development of distinct business park, commercial, and airport -serving
districts and residential neighborhoods that are integrated to ensure a quality environment
and compatible land uses.
High quality, integrated development, including mixed-use, residential, office, and retail
uses, is addressed through the Land Use and Development Regulations (Section II),
Architectural Design Considerations (Section III), and Residential Design Guidelines
(Section IV) sections of the PCDP provide a comprehensive set of standards and
guidelines to implement this policy.
Resolution No. 2020-84
Page 7 of 18
g. Land Use Element Policy LU 6.15.2 - Underperforming Land Uses. Promote the
redevelopment of sites with underperforming retail uses located on parcels at the interior
of large blocks for other uses, with retail clustered along major arterials (e.g., Bristol,
Campus, MacArthur, and Jamboree), except where intended to serve and be integrated
with new residential development.
The PCDP facilitates the reuse of underperforming properties by allowing the addition of
mixed-use and residential use. Land Use and Development Regulations (Section II),
Architectural Design Considerations (Section III), and Residential Design Guidelines
(Section IV) provide a comprehensive set of standards and guidelines to promote high-
quality new development.
h. Land Use Element Policy LU 6.15.3 - Airport Compatibility. Require that all
development be constructed in conformance with the height restrictions set forth by
Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and
Caltrans Division of Aeronautics, and that residential development be located outside of
the 65 dBA CNEL noise contour specified by the 1985 JIMA Master Plan.
The Project would be constructed in conformance with the FAA's height restrictions, and
all residential development would be located outside the 65 A -weighted decibel ("dBX)
CNEL noise contour and outside the boundaries of Safety Zone 3 where high density
residential development is not allowed. The Applicant received a "Determination of No
Hazard to Air Navigation" from the FAA which would allow for the development of up to
85 feet above ground level ("AGL") in height for Planning Area 1 and 54 feet AGL for
Planning Area 2.
i. Land Use Element Policy LU 6.15.4 - Priority Uses. Accommodate office, research
and development, and similar uses that support the primary office and business park
functions such as retail and financial services, as prescribed for the "CO -G" designation,
while allowing for the re -use of properties for the development of cohesive residential
villages that are integrated with business park uses.
Office and commercial uses would be compatible with residential uses in accordance with
the Land Use and Development Regulations (Section II) and Architectural Design
Considerations (Section III) of the PCDP. Residential uses would support local retail,
restaurants, and services. The PCDP design and connectivity requirements would
integrate residential and non-residential uses and ensure adequate circulation and
parking within the PCDP.
Resolution No. 2020-84
Page 8 of 18
j. Land Use Element Policy LU 6.15.5 - Residential and Supporting Uses.
Accommodate the development of a maximum of 2,200 multi -family residential units,
including work force housing, and mixed-use buildings that integrate residential with
ground level office or retail uses, along with supporting retail, grocery stores, and
parklands. Residential units may be developed only as the replacement of underlying
permitted nonresidential uses. When a development phase includes a mix of residential
and nonresidential uses or replaces existing industrial uses, the number of peak hour trips
generated by cumulative development of the site shall not exceed the number of trips that
would result from development of the underlying permitted nonresidential uses. However,
a maximum of 550 units may be developed as infill on surface parking lots or areas not
used as occupiable buildings on properties within the Conceptual Development Plan Area
depicted on Figure LU22 provided that the parking is replaced on site.
The GPA and PCDP provides development capacity and standards for mixed-use
development. The proposed development limit is 329 dwelling units (plus up 115 density
bonus when affordable housing is provided) and 297,572 square feet for commercial
development. The Property is not located within the Conceptual Development Plan Area
depicted on Figure LU22, and therefore, any residential units allocated to the Property
are not part of the 550 infill units allocated to the Conceptual Development Plan Area As
described in Chapter 3 of the Addendum to the PEIR and SEIR, the Project's residential
uses would replace some of the permitted underlying commercial development capacity.
Specifically, the 329 units would replace 60,926 square feet of permitted retail commercial
uses using the City -approved Airport Area Residential and Mixed -Use Adjustment factors,
which was prepared by the City Traffic Engineer to ensure that the number of peak hour
trips generated by the redevelopment of the Property would not exceed the number of
trips attributable to the existing permitted non-residential uses. Any density bonus units,
up to 115 units in this case are above and beyond what the General Plan allocates in
accordance with Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code
and State law.
Two (2) projects have been previously approved within the Airport Area to date that
accommodate 1,181 of the available 2,200 dwelling units allocated to the MU -H2 (Mixed
Use Horizontal 2) designation. With approval of the 329 dwelling units for this Project,
1,510 dwelling units have been allotted, leaving 690 units available for other MU -H2
(Mixed -Use Horizontal 2) designated properties in the Airport Area. See Table 1.
Resolution No. 2020-84
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k. Land Use Element Policy LU 6.15.6 - Size of Residential Villages. Allow
development of mixed-use residential villages, each containing a minimum of 10 acres
and centered on a neighborhood park and other amenities (as conceptually illustrated in
Figure LU23). The first phase of residential development in each village shall encompass
at least 5 gross acres of land, exclusive of existing rights-of-way. This acreage may
include multiple parcels provided that they are contiguous or face one another across an
existing street. At the discretion of the City, this acreage may also include part of a
contiguous property in a different land use category, if the City finds that a sufficient
portion of the contiguous property is used to provide functionally proximate parking, open
space, or other amenity. The "Conceptual Development Plan" area shown on Figure LU22
shall be exempt from the 5 -acre minimum, but a conceptual development plan described
in Policy LU 6.15. 11 shall be required.
The Property is 16.46 acres in total area and does not include a centered public park. The
Property is not identified on Figure LU22 or Figure LU23. The first phase, Planning Area
1, allows residential and mixed-use development. It is 7.14 acres and would be
developed in one phase. The remaining area would be developed in subsequent phases
after existing commercial leases expire. The Applicant requests the City Council waive
the park dedication requirement pursuant to Policy LU 6.15.13 and instead, pay the park
in -lieu fee. If the City Council waives the dedication requirement, the Project is consistent
with this policy.
1. Land Use Element Policy LU 6.15.7 - Overall Density and Housing Types. Require
that residential units be developed at a minimum density of 30 units and maximum of 50
units per net acre averaged over the total area of each residential village. Net acreage
shall be exclusive of existing and new rights-of-way, public pedestrian ways, and
Tabie
1— Airport Area Residential
Units
Residential' Development
Allocation
Base
Units
Density
Bonus
Units
Project
Totals
With
Density
Bonus
Replacement
Units
Additive
Units
Total
Units
General Plan Development
MU -H2
Limit
1650
550
2,200
Approved Projects
Uptown Newport
632
290
922
322
1,244
Newport Crossings
259
0
259
91
350
Newport Airport Village
329
0
329
115
444
Remaining Development
Allocation
430
260
690
k. Land Use Element Policy LU 6.15.6 - Size of Residential Villages. Allow
development of mixed-use residential villages, each containing a minimum of 10 acres
and centered on a neighborhood park and other amenities (as conceptually illustrated in
Figure LU23). The first phase of residential development in each village shall encompass
at least 5 gross acres of land, exclusive of existing rights-of-way. This acreage may
include multiple parcels provided that they are contiguous or face one another across an
existing street. At the discretion of the City, this acreage may also include part of a
contiguous property in a different land use category, if the City finds that a sufficient
portion of the contiguous property is used to provide functionally proximate parking, open
space, or other amenity. The "Conceptual Development Plan" area shown on Figure LU22
shall be exempt from the 5 -acre minimum, but a conceptual development plan described
in Policy LU 6.15. 11 shall be required.
The Property is 16.46 acres in total area and does not include a centered public park. The
Property is not identified on Figure LU22 or Figure LU23. The first phase, Planning Area
1, allows residential and mixed-use development. It is 7.14 acres and would be
developed in one phase. The remaining area would be developed in subsequent phases
after existing commercial leases expire. The Applicant requests the City Council waive
the park dedication requirement pursuant to Policy LU 6.15.13 and instead, pay the park
in -lieu fee. If the City Council waives the dedication requirement, the Project is consistent
with this policy.
1. Land Use Element Policy LU 6.15.7 - Overall Density and Housing Types. Require
that residential units be developed at a minimum density of 30 units and maximum of 50
units per net acre averaged over the total area of each residential village. Net acreage
shall be exclusive of existing and new rights-of-way, public pedestrian ways, and
Resolution No. 2020-84
Page 10 of 18
neighborhood parks. Within these densities, provide for the development of a mix of
building types ranging from townhomes to high-rises to accommodate a variety of
household types and incomes and to promote a diversity of building masses and scales.
The residential component of the Project is 329 units (without density bonus units) within
the 16.46 -acre residential village and the density is approximately 20 du/ac and below the
minimum 30 du/ac standard. If the density bonus units were included, the result would be
approximately 27 du/ac. Meeting the requirements of LU 6.15.7 is limited by the 16.46 -
acre Property's proximity to JWA and the noise and safety requirements provided in the
AELUP. Specifically, the portion of the Property that sits within the 65 dBA CNEL noise
contour prohibits residential use in that portion of the Property. Additionally, the Property
is partially constrained by JWA Safety Zones 3 that limits residential uses to very low
densities if not deemed unacceptable because of noise. As a result, the residential
component of the Project which is provided in Planning Area 1 consists of 7.14 acres
situated outside both the 65 dBA CNEL noise contour and Safety Zone 3 where residential
use would be allowed consistent with the AELUP. To comply with the Policy LU 6.15.7,
493 units would need to be constructed on 6.02 acres resulting in a density of 81.9 du/ac
units per acre without including potential density bonus units which would exceed the
maximum allowable density. Although the residential density as proposed is not
consistent with LU 6.15.7, California's Density Bonus Law (California Government Code
Section 65915(e)(1)) authorizes an applicant to request a waiver of a development
standard that would have the effect of precluding projects eligible for a density bonus.
Waiver of height standards, number of stories and setbacks to accommodate Project
amenities such as an interior courtyard, community plaza and high ceilings have been
interpreted as physical constraints that warrant waiver under Section 65915(e)(1).
Wollmer v. City of Berkeley, (2011) 193 Cal. App. 4th 1329. With the waiver of LU 6.15.7
pursuant to Government Code §65915(e)(1), the 30-50 du/acre over the total area of each
residential village would not be required. However, the Project would create a 46 du/acre
development, not including the density bonus units in Planning Area 1, which is within the
intended density range of the Policy LU 6.15.7.
M. Land Use Element Policy LU 6.15.8 - First Phase Development Density. Require
a residential density of 45 to 50 units per net acre, averaged over the first phase for each
residential village. This shall be applied to 100 percent of properties in the first phase
development area whether developed exclusively for residential or integrating service
commercial horizontally on the site or vertically within a mixed-use building. On individual
sites, housing development may exceed or be below this density to encourage a mix of
housing types, provided that the average density for the area encompassed by the first
phase is achieved.
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The PCDP is divided into two (2) planning areas. Planning Area 1 allows residential and
mixed-use development within its 7.14 acres. Three hundred twenty-nine dwelling units
constructed over 7.14 acres results in a density of 46 du/acre, which is consistent with LU
6.15.8. Planning Area 2 allows commercial development only within its 9.32 acres.
n. Land Use Element Policy LU 6.15.9 - Subsequent Phase Development Location
and Density. Subsequent phases of residential development shall abut the first phase or
shall face the first phase across a street. The minimum density of residential development
(including residential mixed-use development) shall be 30 units per net acre and shall not
exceed the maximum of 50 units per net acre averaged over the development phase.
The residential component of the PCDP in Planning Area 1 would be developed in one
phase and checked for consistency with this requirement. Planning Area 2 only includes
non-residential development. Since there are no subsequent residential phases,
compliance with LU 6.15.9 is not at issue.
o. Land Use Element Policy LU 6.15.12 - Development Agreements. A Development
Agreement shall be required for all projects that include infill residential units. The
Development Agreement shall define the improvements and public benefits to be
provided by the developer in exchange for the City's commitment for the number, density,
and location of the housing units.
The Project includes Development Agreement DA2014-003 with public benefits.
Additionally, the improvements, number of units, density and location of the housing units
more particularly provided for through the PCDP.
A Land Use Element Policy LU 6.15.13 - Neighborhood Parks Standards. To provide
a focus and identity for the entire neighborhood and to serve the daily recreational and
commercial needs of the community within easy walking distance of homes, require
dedication and improvement of at least 8 percent of the gross land area (exclusive of
existing rights-of-way) of the first phase development in each neighborhood, or % acre,
whichever is greater, as a neighborhood park. This requirement may be waived by the
City where it can be demonstrated that the development parcels are too small to feasibly
accommodate the park or inappropriately located to serve the needs of local residents,
and when an in -lieu fee is paid to the City for the acquisition and improvement of other
properties as parklands to serve the Airport Area.
In every case, the neighborhood park shall be at least 8 percent of the total Residential
Village Area or one acre in area, whichever is greater, and shall have a minimum
dimension of 150 feet. Park acreage shall be exclusive of existing or new rights-of-way,
Resolution No. 2020-84
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development sites, or setback areas. A neighborhood park shall satisfy some or all of the
requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element
of the General Plan.
No park is proposed, and the Applicant asks the City Council to waive the requirement.
The Applicant believes the location proximate to John Wayne Airport is inappropriate to
serve the needs of the area and they have agreed to pay an in -lieu fee consistent with
this policy. A significant portion of the Property is impacted by high noise levels such that
locating a park within may not be appropriate to serve the needs of local residents.
Additionally, predominant uses in Planning Area 2 are vehicle storage lots for car rental
agencies operating with long-term leases. Air quality in the area and the limited residential
density planned for the Airport Area are also factors suggesting a new public park within
the Property may not be appropriate nor serve the needs of local residents. If the park
dedication was required, the best potential location would be within Planning Area 1
outside the 65 dBA noise contour and JWA Safety Zone 3 further reducing the available
land for residential or mixed-use development. In this scenario, a 1 -acre dedication of
6.02 acres of relatively unconstrained land is a significant percentage of the area
potentially available for residential use. If the dedication were required in conjunction with
the first phase density bonus development, the cost of the dedication could render the
density bonus financially infeasible. Pursuant to the exception set forth in LU 6.15.13,
these factors provide sufficient grounds for the City Council to waive the dedication
requirement and, instead, provide an in -lieu fee.
q. Land Use Element Policy LU 6.15.14 - Location. Require that each neighborhood
park is clearly public in character and is accessible to all residents of the neighborhood.
Each park shall be surrounded by public streets on at least two sides (preferably with on -
street parking to serve the park), and shall be linked to residential uses in its respective
neighborhood by streets or pedestrian ways.
No public park is proposed, and the Applicant askes the City Council to waive the
neighborhood park dedication requirement pursuant to Policy 6.15.13 and, instead, pay
an in -lieu fee. If the City Council acts to waive the park dedication, this policy would not
apply.
r. Land Use Element Policy LU 6.15.15 - Aircraft Notification. Require that all
neighborhood parks be posted with a notification to users regarding proximity to John
Wayne Airport and aircraft overflight and noise.
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No public park is proposed, and the Applicant askes the City Council to waive the
neighborhood park dedication requirement pursuant to Policy 6.15.13 and, instead, pay
an in -lieu fee. If the City Council acts to waive the park dedication, this policy would not
apply.
S. Land Use Element Policy LU 6.15.16 - On -Site Recreation and Open Space
Standards. Require developers of multi -family residential developments on parcels 8
acres or larger to provide on-site recreational amenities. For these developments, 44
square feet of on-site recreational amenities shall be provided for each dwelling unit in
addition to the requirements under the City's Park Dedication Ordinance and in
accordance with the Parks and Recreation Element of the General Plan. On-site
recreational amenities can consist of public urban plazas or squares where there is the
capability for recreation and outdoor activity. These recreational amenities may also
include swimming pools, exercise facilities, tennis courts, and basketball courts. Where
there is insufficient land to provide on-site recreational amenities, the developer shall be
required to pay cash in -lieu that would be used to develop or upgrade nearby recreation
facilities to offset user demand as defined in the City's Park Dedication Fee Ordinance.
The acreage of on-site open space developed with residential projects may be credited
against the parkland dedication requirements where it is accessible to the public during
daylight hours, visible from public rights-of-way, and is of sufficient size to accommodate
recreational use by the public. However, the credit for the provision of on-site open space
shall not exceed 30 percent of the parkland dedication requirements.
Section II of the PCDP requires 75 square feet of common open space per dwelling unit
in a future residential or mixed-use project and it exceeds the minimum standard.
Separate from the City's park dedication and/or in -lieu requirement under the General
Plan, Chapter 19.52 (Park Dedications and Fees) of the NBMC requires park dedication
and/or in -lieu fees in accordance with California Government Code Section 66477 et seq.
also referred to as the Quimby Act. However, Chapter 19.52 only applies to subdivisions
or condominiums. While the Applicant plans the construction of apartments that would
not generate a park dedication requirement, condominium development would be allowed
by the PCDP. Should a condominium project be proposed, it would be subject to NBMC
Chapter 19.52's park dedication and/or fee requirements. Should a future residential
development include publicly accessible open space that meets the policy criteria, the
Applicant could request a credit toward parkland dedication requirements (if any). Please
refer to the discussion of Policy LU 6.15.13 for additional analysis regarding park
dedication requirements.
Resolution No. 2020-84
Page 14 of 18
t. Land Use Element Policy LU 6.15.17 - Street and Pedestrian Grid. Create a pattern
of streets and pedestrian ways that breaks up large blocks, improves connections
between neighborhoods and community amenities, and is scaled to the predominantly
residential character of the neighborhoods.
Any new streets and pedestrian ways in the PCDP would be designed to break up large
blocks, improve connections and links between uses and be scaled to the residential
component in Planning Area 1, as described in the Land Use and Development
Regulations (Section II) and Architectural Design Considerations (Section III), of the
PCDP. The City would confirm compliance during future Site Development Review
process.
U. Land Use Element Policy LU 6.15.21 - Required Spaces for Primary Uses.
Consider revised parking requirements that reflect the mix of uses in the neighborhoods
and overall Airport Area, as well as the availability of on -street parking.
Future development will be required to comply with City of Newport Beach Municipal
Code parking requirements, including Section 20.32.040 (Parking Requirements in
Density Bonus Projects) of the NBMC. The City will confirm compliance with these
standards during Site Development Review.
4. City Council Policy A-18 (Guidelines for Implementing Charter Section 423
(Measure S Guidelines)) requires that proposed GPAs be reviewed to determine if a vote
of the electorate would be required pursuant to Section 423 of the City Charter. If a GPA
(separately or cumulatively with other GPAs within the previous ten (10) years) generates
more than one hundred (100) peak hour trips (a.m. or p.m.), adds forty thousand (40,000)
square feet of nonresidential floor area, or adds more than one hundred (100) dwelling
units in a statistical area, a vote of the electorate would be required following City Council
approval of the GPA.
a. The Property is located in Statistical Area L4. The GPA would change the land use
designation only and not result in an increase in development. The 329 dwelling units
requested are already included in the MU -H2 (Mixed -Use Horizontal 2) development
capacity of 2,200 dwelling units and no increase in allowed floor area is proposed.
Consequently, there is no increase in a.m. or p.m. peak hour trips pursuant to the Institute
of Transportation Engineers ("ITE") trip rates included as Exhibit B of City Council Policy
A-18. As a result, the GPA is not classified as a major amendment requiring a vote of the
electorate should the City Council choose to approve the GPA.
Resolution No. 2020-84
Page 15 of 18
5. Pursuant to California Government Code Section 65352.3 (SB18), a local
government is required to contact the appropriate tribes identified by the Native American
Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the
General Plan. If requested by any tribe, the local government must consult for the purpose
of preserving or mitigating impacts to cultural resources. The tribal contacts were provided
notice on April 29, 2020. California Government Code Section 65352.3 requires
notification 90 days prior to Council action to allow tribal contacts to respond to the request
to consult. As a result of the notice, only the Gabrieleno Band of Mission Indians - Kizh
Nation requested consultation.
The City has made a reasonable attempt to complete consultation, but to no avail. The
following is timeline of the communication with the Gabrieleno Band of Mission Indians -
Kizh Nation:
• April 28, 2020: The initial notice was sent to the California Native American tribes.
• April 30, 2020: The City received an email from Gabrieleno Band of Mission Indians -
Kizh Nation requesting consultation to occur on July 2, 2020.
• May 4, 2020: City responds via email to confirm the consultation date of July 2, 2020.
• July 2, 2020: Tribal representatives were unavailable for consultation. The
consultation was rescheduled to July 7, 2020.
• July 7, 2020: A telephonic consultation between staff and tribal representatives
occurred.
• July 17, 2020: The City received an email from the tribal representatives containing
information to support their concerns with respect to grading.
• August 5, 2020: City responds to tribal representatives, requesting input if existing
General Plan policies would suffice. No response was received.
• August 14, 2020: Staff sent a follow-up email to the August 5, 2020. No response was
received.
• August 25, 2020: Staff sent a second follow-up email to the August 5, 2020. No
response was received.
• September 3, 2020: Staff sent a third follow-up email to the August 5, 2020, to which
the Tribe responded that they will review the policies; however, no further
communication was received.
Resolution No. 2020-84
Page 16 of 18
The 2005 State of California Tribal Consultation Guidelines Supplement to General Plan
Guidelines provides the consultation is concluded when mutual agreement is reached or
either party, acting in good faith and after reasonable effort, concludes that mutual
agreement cannot be reached. Due to the lack of response, the City was unable to obtain
a mutual agreement with the Gabrieleno Band of Mission Indians - Kizh Nation. The City
has acted in good faith and has exhausted all reasonable efforts to reach an agreement
and as such has concluded the consultation.
The Gabrieleno Band of Mission Indians - Kizh Nation expressed concerns about impacts
to tribal resources during grading activities on the site. Existing General Plan Policies HR
2.1, HR 2.2, HR 2.3, HR 2.4, NR 18.1, and NR 18.3 address these concerns and require
construction monitoring by a qualified paleontologist/archeologist during grading
operations. These policies also require cultural organizations be notified and allowed to
monitor grading. Notwithstanding the conclusion of the consultation process without
obtaining mutual agreement, the City will include appropriate conditions of approval in
future project entitlements to implement these policies and to protect tribal resources.
Section 3: Environmental Impact Report Addendum No. ER2020-02 was
prepared for the Project in compliance with CEQA codified in California Public Resources
Code Section 2100 et seq., the State CEQA Guidelines, and City Council Policy K-3. On
the basis of the entire environmental review record, the Project will not result in any new
significant impacts that were not previously analyzed in the PEIR for the 2006 General
Plan Update (SCH No. 2006011119) or the SEIR for the 2014 General Plan Land Use
Element Update (SCH No. 2013101064). The potential impacts associated with this
Project would either be the same or less than those described in either the PEIR or SEIR
that have been appropriately mitigated. In addition, there are no substantial changes to
the circumstances under which the Project would be undertaken that would result in new
or more severe environmental impacts than previously addressed in either the PEIR or
SEIR, nor has any new information regarding the potential for new or more severe
significant environmental impacts been identified. In accordance with Section 15164 of
the CEQA Guidelines, the City Council adopted Resolution No. 2020-78, thereby adopting
an addendum to the previously adopted PEIR and SEIR. Resolution No. 2020-78,
including all findings contained therein, is hereby incorporated by reference.
Section 4: The City Council of the City of Newport Beach hereby amends the
General Plan of the City of Newport Beach to change the Land Use Designation of the
Property from AO (Airport Office and Supporting Uses) to MU -H2 (Mixed -Use Horizontal
2), as depicted in Exhibit B.
Resolution No. 2020-84
Page 17 of 18
Section 5: The City Council of the City of Newport Beach hereby amends the
General Plan of the City of Newport Beach to insert Anomaly Number 86 into Table LU2
(Anomaly Locations) to allow for the development of 329 dwelling units, exclusive of any
permitted density bonus, and up to 297,572 square feet of nonresidential development
on the Property, as depicted in Exhibit C.
Section 6: The City Council of the City of Newport Beach hereby grants a waiver
of the neighborhood park dedication requirement and authorizes payment of a park in -
lieu fee pursuant to General Plan Policy LU 6.15.13 as a public park within the Project
would be inappropriately located due to the proximity with John Wayne Airport.
Section 7: The City Council of the City of Newport Beach further grants a waiver
of General Plan Policy LU 6.15.7 as the density of the entire Project areas would be
approximately 20 dwelling units per acre; however, the actual density of Planning Area 1,
which is the only portion of the Project are that would allow residential development, is
approximately 46 units per acre. Waiving the overall density for the entire Project area is
an eligible development standard waiver allowed under pursuant to Government Code §
65915(e)(1).
Section 8: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 9: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2020-84
Page 18 of 18
Section 10: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 22nd day of September, 2020
ATTEST: �EWPC)
i
p
Leilani I. Brown Uw
City Clerk :=
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
,,, r , ff —,—
Adron C. Harp
City Attorney
Will O'Neill
Mayor
Attachments: Exhibit A - Legal Description
Exhibit B - Land Use Map
Exhibit C - Table LU2 — Anomaly Locations
EXHIBIT "A"
Legal Description
ADDRESS
APN
LEGAL DESCRIPTION
4361 Birch Street,
427-121-23
THE LAND REFERRED TO HEREIN BELOW IS SITUATED
NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF
Newport Beach
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
LOTS 7, 8, 9 AND 10 OF TRACT NO. 5169, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 190,
PAGES 11, 12 AND 13 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA.
SAID LAND IS ALSO SHOWN AS PARCEL 1 ON LOT LINE
ADJUSTMENT 93-5, RECORDED DECEMBER 8, 1993 AS
INSTRUMENT NO. 93-0854901, OFFICIAL RECORDS.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE OR THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED IN THE GRANT DEED RECORDED APRIL 9, 1993 AS
INSTRUMENT NO, 93-0237996 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING APPROPRIATIVE, LITTORAL,
ADDRESS
APN
LEGAL DESCRIPTION
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE GRANT DEED
RECORDED APRIL 9, 1993 AS INSTRUMENT NO. 93-0237996,
OFFICIAL RECORDS.
4540 Campus
427-111-03
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
PARCEL 1:
LOT 18 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 THROUGH 13, INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED JUNE 30, 1992 AS INSTRUMENT NO. 92-440215 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE, AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
ADDRESS
APN
LEGAL DESCRIPTION
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED JUNE 30, 1992 AS INSTRUMENT NO. 92-440215 OF
OFFICIAL RECORDS.
PARCEL 2:
AN EASEMENT FOR DRIVEWAY PURPOSES OVER THE
WESTERLY 12 FEET OF THE NORTHERLY 60 FEET OF LOT 17
OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190, PAGES 11 THROUGH 13,
INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, AS SET FORTH IN THAT
CERTAIN DECLARATION OF ACCESS EASEMENT, RECORDED
JUNE 30, 1992 AS INSTRUMENT NO. 92-440213 OF OFFICIAL
RECORDS, UPON THE TERMS AND CONDITIONS AS THEREIN
PROVIDED
4340 Campus
427-121-07
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
LOT 29 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 130, PAGES 25 TO 30 INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE OR THE
ADDRESS
APN
LEGAL DESCRIPTION
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED BY THE IRVINE COMPANY IN DEED RECORDED
FEBRUARY 4, 1994 AS INSTRUMENT NO. 94-0085581 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS AS RESERVED IN THE DEED
RECORDED FEBRUARY 4, 1994 AS INSTRUMENT NO. 94-
0085581 OF OFFICIAL RECORDS
4400 Campus
427-121-09
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
LOT 31 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 130, PAGE(S) 25 THROUGH 30,
INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE OR THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
ADDRESS
APN
LEGAL DESCRIPTION
RESERVED BY THE IRVINE COMPANY IN DEED RECORDED
DECEMBER 20, 1991 AS INSTRUMENT NO. 91-702340, OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS AS RESERVED IN THE DEED
RECORDED DECEMBER 20, 1991 AS INSTRUMENT NO. 91-
702340, OF OFFICIAL RECORDS
4570 Campus
427-111-04
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
PARCEL 1:
LOT 17 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 THROUGH 13, INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAND COUNTY.
EXCEPTING THEREFROM ALL MINERALS, OIL, GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL
UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE
PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE
PARALLEL TO AND 500 FEET FROM THE PRESENT SURFACE
OF SAID LAND FOR THE PURPOSE OF PROSPECTING FOR,
THE EXPLORATION, DEVELOPMENT, PRODUCTION,
EXTRACTION AND TAKING OF SAID MINERALS, OIL, GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND
WATER FROM SAID LAND BY MEANS OF MINES, WELLS,
DERRICKS, OTHER EQUIPMENT FROM SURFACE LOCATIONS
ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE
OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD
THAT THE OWNER OF SUCH MINERALS, OIL GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND
WATER AS SET FORTH ABOVE, SHALL HAVE NO RIGHT TO
ENTER UPON THE SAID LAND OR ANY PORTION THEREOF
ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE
ADDRESS
APN
LEGAL DESCRIPTION
PRESENT SURFACE OF TI EE SAID LAND FOR ANY PURPOSE
WHATSOEVER.
AS RESERVED BY THE IRVINE COMPANY, A MICHIGAN
CORPORATION IN THE DEED RECORDED FEBRUARY 19, 1993
AS INSTRUMENT NO, 93-107963 OF OFFICIAL RECORDS.
PARCEL 2:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENTS (MACARTHUR/CAMPUS)" DATED JANUARY 30,
1992 AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT
NO. 92-101692 AS AMENDED AND RESTATED IN AN
INSTRUMENT RECORDED APRIL 16, 1992 AS INSTRUMENT NO.
92-247260, BOTH OF OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 3:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENT. DATED JUNE 17, 1992, AND RECORDED JUNE 30,
1992 AS INSTRUMENT NO. 92- 440213 OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
4341 Birch Street
427-121-14
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
LOT 6 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190, PAGES 11, 12 AND 13 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
ADDRESS
APN
LEGAL DESCRIPTION
OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED DECEMBER 31, 1991 AS INSTRUMENT NO. 91-
720058 OF OFFICIAL RECORDS.
ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND
OWNED OR USED BY GRANTOR IN CONNECTION WITH OR
WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT
AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR
OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS
ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE
RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE
IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED
DECEMBER 31, 1991 AS INSTRUMENT NO. 91-720058 OF
OFFICIAL RECORDS. APN: 427-121-14
4500 and 4520
427-111-01,
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Campus Drive
427-111-02
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
and 427-
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
121-10
CA
PARCEL 1 IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED
IN BOOK 60, PAGE 22 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
4600 Campus
427-111-05
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
PARCEL 1:
LOT 16 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 TO 13 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM AND OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
ADDRESS
APN
LEGAL DESCRIPTION
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE ON THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED IN THE DEED BY THE IRVINE COMPANY,
RECORDED FEBRUARY 19, 1993 AS INSTRUMENT NO. 93-
107971, OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED
BY THE IRVINE COMPANY, RECORDED FEBRUARY 19, 1993 AS
INSTRUMENT NO. 93-107971, OFFICIAL RECORDS.
PARCEL 2:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "AMENDED AND RESTATED
OR ACCESS EASEMENTS (MACARTHUR/CAMPUS)", DATED
MARCH 25, 1992, RECORDED APRIL 16, 1992 AS INSTRUMENT
NO. 92-247260, IN THE OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
4360 Campus
427-121-08
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
LOT 30 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 130, PAGES 25, 26, 27, 28, 29 AND
ADDRESS
APN
LEGAL DESCRIPTION
30 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY CALIFORNIA.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED MARCH 15, 1994 AS INSTRUMENT NO. 94-0179376,
OFFICIAL RECORDS.
ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND
OWNED OR USED BY GRANTOR IN CONNECTION WITH OR
WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT
AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR
OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS
ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE
RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE
IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED
MARCH 15, 1994 AS INSTRUMENT NO. 94-0179376, OFFICIAL
RECORDS.
4501 Birch Street
427-111-10
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
PARCEL 1:
ADDRESS
APN
LEGAL DESCRIPTION
LOT 12 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190. PAGES 11 TO 13 INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR. ACROSS THE
SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED JANUARY 10, 1992 AS INSTRUMENT NO. 92-
015047, OFFICIAL RECORDS.
ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND
OWNED OR USED BY GRANTOR IN CONNECTION WITH OR
WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT
AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR
OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS
ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE
RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE
IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED
JANUARY 10, 1992 AS INSTRUMENT NO. 92-015047, OFFICIAL
RECORDS.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS
OVER THAT PORTION OF LOT 13 OF TRACT NO. 5169, IN THE
CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
10
ADDRESS
APN
LEGAL DESCRIPTION
CALIFORNIA, AS PER MAP RECORDED IN BOOK 190, PAGES
11 TO 13 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT;
THENCE NORTH 290 52'01" WEST 327.33 FEET TO THE MOST
WESTERLY CORNER OF SAID LOT; THENCE NORTH 520 01'58"
EAST 24.24 FEETALONG THE NORTHWESTERLY LINE OF SAID
LOT TO THE NORTHWESTERLY PROLONGATION OF A LINE
PARALLEL WITH AND NORTHEASTERLY 24.00 FEET FROM
THE SOUTHWESTERLY LINE OF SAID LOT; THENCE SOUTH
290 52' 10" EAST 331.81 FEET ALONG SAID PROLONGATION,
SAID PARALLEL LINE AND THE SOUTHERLY PROLONGATION
THEREOF TO A POINT ON A CURVE IN THE SOUTHERLY LINE
OF SAID LOT, SAID CURVE BEING CONCAVE SOUTHERLY,
HAVING A RADIUS OF 272.00 FEET, A RADIAL TO SAID POINT
BEARS NORTH 240 48' 17" WEST; THENCE WESTERLY 24.03
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
50 03'44" OF THE POINT OF BEGINNING.
4630 Campus
427-111-06
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
PARCEL 1:
LOT 15 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 TO 13 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT HOWEVER, THE RIGHT TO DRILL MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE OF THE
11
ADDRESS
APN
LEGAL DESCRIPTION
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED IN THE DEED BY THE IRVINE COMPANY
RECORDED FEBRUARY 19, 1993 AS INSTRUMENT NO. 93-
107967, OFFICIAL RECORDS.
PARCEL 2:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "AM ENDED AND RESTATED
DECLARATION OF ACCESS EASEMENTS
(MACARTHUR/CAMPUS) DATED MARCH 25, 1992 RECORDED
APRIL 16, 1992 AS INSTRUMENT NO. 92-247260, IN THE OFFICE
RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED " RECIPROCAL EASEMENT
AGREEMENT AND CONSENT" DATED OCTOBER 14, 1999
RECORDED NOVEMBER 19, 1999 AS INSTRUMENT NO.
19990805278, AND AMENDED BY THE CERTAIN DOCUMENT
ENTITLED "WAIVER AND AMENDMENT TO RECIPROCAL
EASEMENT AGREEMENT" DATED AUGUST 24, 2015
RECORDED AUGUST 28, 2015 AS INSTRUMENT NO.
2015000446662 IN THE OFFICE RECORDS OF ORANGE
COUNTY, CALIFORNIA.
4525, 4533 and
427-111-09
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
4647 MacArthur
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Boulevard
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
PARCEL 1:
CA
LOT 13 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190, PAGE(S) 11 TO 13 INCLUSIVE,
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING ANY AND ALL OIL, OIL RIGHTS, MINERALS,
MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFORE
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
12
ADDRESS
APN
LEGAL DESCRIPTION
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION
RECORDED APRIL 16, 1992.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL, BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION
RECORDED APRIL 16, 1992.
PARCEL 2:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENTS (MACARTHUR/CAMPUS)" DATED JANUARY 30,
1992 AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT
NO. 92-101692, OFFICIAL RECORDS AND AMENDED BY
DOCUMENT RECORDED APRIL 16, 1992 AS INSTRUMENT NO.
92-247260, OFFICIAL RECORDS, IN THE OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENTS (BIRCH/MACARTHUR)" DATED JANUARY 30, 1992
AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT NO. 92-
101691 OFFICIAL RECORDS AND AMENDED BY DOCUMENT
RECORDED APRIL 16, 1992 AS INSTRUMENT NO. 92-247259
OFFICIAL RECORDS IN THE OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
4320 Campus
427-121-06
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
13
ADDRESS
APN
LEGAL DESCRIPTION
Newport Beach,
LOT 28 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
CA
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 130, PAGES 25 THROUGH 30,
INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE OR THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED BY THE IRVINE COMPANY, A MICHIGAN
CORPORATION, BY DEED RECORDED MAY 6, 1994 AS
INSTRUMENT NO. 94-317183 OF OFFICIAL RECORDS.
14
EXHIBIT "B"
Land Use Map
I.43 A bM
l moi/
PF
MU -H2
GP2014-004 (PA2014-225)
X` NEGS
General Plan Amendment
CUy cF 1".P'l Beech
GIS or..
Nuy 49.1010
15
EXHIBIT "C"
Table LU2 — Anomaly Locations
Anomaly Number 86 shall be inserted into Table LU2 and shall read as follows:
16
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2020-84, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 22nd day of September, 2020; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Diane Dixon, Council
Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon
NAYS: Council Member Joy Brenner
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 23rd day of September, 2020.
r
Leilani . Brown
City Clerk
Newport Beach, California
�_q L► �tJ�.,®