HomeMy WebLinkAbout03 - Approving Koll Center Newport Planned Community Dev. Plan and a DA for the Residences at 4400 Von Karman ProjectQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
February 9, 2021
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Rosalinh Ung, Principal Planner, rung@newportbeachca.gov
PHONE: 949-644-3208
TITLE: Ordinance Nos. 2021-1 and 2021-2: Approving Koll Center Newport
Planned Community Development Plan Amendment and a
Development Agreement for the Residences at 4400 Von Karman
Project (PA2020-061)
ABSTRACT:
For the City Council's consideration is the adoption of Ordinance No. 2021-1 which
approves the Koll Center Newport Planning Community Plan Amendment and Ordinance
No. 2021-2 which approves a development agreement for The Residences at 4400 Von
Karman project located at 4400 Von Karman Avenue.
RECOMMENDATION:
a) Find that Environmental Impact Report Addendum No. ER2020-003 for the
Residences at 4400 Von Karman Project certified by the City Council on January 26,
2021 was prepared in compliance with California Environmental Quality Act (CEQA),
the State CEQA Guidelines, and City Council Policy K-3;
b) Conduct a second reading and adopt Ordinance No. 2021-1, An Ordinance of the
City Council of the City of Newport Beach, California, Approving Planned Community
Development Plan Amendment No. PD2020-001 for the Residences at 4400 Von
Karman Project Located at 4400 Von Karman Avenue (PA2020-061) (Attachment A);
and
c) Conduct a second reading and adopt Ordinance No. 2021-2, An Ordinance of the
City Council of the City of Newport Beach, California, Approving Development
Agreement No. DA2020-002 for the Residences at 4400 Von Karman Project
Located at 4400 Von Karman Avenue (PA2020-061) (Attachment B).
FUNDING REQUIREMENTS:
The applicant is required to reimburse the City of Newport Beach (City) for all costs
associated with the review of the application. The applicant has agreed to the terms of
the Development Agreement that requires the payment of $8,000,000.
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Ordinance Nos. 2021-1 and 2021-2: Approving Koll Center Newport Planned
Community Development Plan Amendment and a Development Agreement for the
Residences at 4400 Von Karman Project (PA2020-061)
February 9, 2021
Page 2
DISCUSSION:
On January 26, 2021, the City Council conducted a public hearing on the proposed project
and applications. At the conclusion of the hearing, the City Council voted unanimously to
take actions related to the California Environmental Quality Act and to approve the
project. The City Council introduced and passed to a second reading Ordinance
No. 2021-01, amending the Koll Center Newport Planned Community Regulations; and
Ordinance No. 2021-02, approving a development agreement between the City and the
applicant related to project development.
ENVIRONMENTAL REVIEW:
The Environmental Impact Report Addendum No. ER2020-003, including written
responses to comments, has been prepared for the project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City
Council Policy K-3, which included analysis of the proposed Planned Community
Development Plan Amendment and the development agreement. The City Council
adopted the addendum at the January 26, 2021, meeting by Resolution No. 2021-02.
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The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ordinance No. 2021-1 to Approve PD2020-001
Attachment B — Ordinance No. 2021-2 to Approve DA2020-002
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ATTACHMENT A
ORDINANCE NO. 2021-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING PLANNED
COMMUNITY DEVELOPMENT PLAN AMENDMENT NO.
PD2020-001 FOR THE RESIDENCES AT 4400 VON
KARMAN PROJECT LOCATED AT 4400 VON KARMAN
AVENUE (PA2020-061)
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 TPG (KCN) Acquisition, LLC ("Applicant")
with respect to property located at 4400 Von Karman Avenue, generally bounded by Birch
Street and Von Karman Avenue, and legally described in Exhibit "A" which is attached
hereto and incorporated herein by reference ("Property"),
WHEREAS, the Applicant is requesting approval for the development of 312
apartment units atop an 825 -space parking structure, a 284 -space free-standing parking
structure, one -acre public park, and reconfiguration of existing surface parking lots serving
existing office buildings ("Project") which require the following approvals from the City:
• Planned Community Development Plan Amendment (PD2020-001) ("PCDP
Amendment") - An amendment to Planned Community Development Plan #15
(Koll Center Newport Planned Community) for the creation of a residential overlay
zone and park overlay zone to allow for residential uses and a public park within
the Koll Center Newport Professional and Business Office Site B ("Office Site B");
• Major Site Development Review (SD2020-006) ("SD") - A site development review
in accordance with the amended Koll Center Newport Planned Community and
Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal
Code ("NBMC") for the construction of the Project;
• Traffic Study (TS2020-001) ("TS") - A traffic study pursuant to Chapter 15.40
(Traffic Phasing Ordinance) of the NBMC which is required for projects that
generate in excess of 300 new average daily trips;
• Lot Line Adjustment (LA2020-002) ("LA") - To adjust the lot lines of the two (2)
underlying parcels that comprise the Project;
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Ordinance No. 2021-1
Page 2 of 6
• Affordable Housing Implementation Plan (AH -2020-003) ("AHIP") - A program
specifying how the Project meets the City's affordable housing requirements, in
exchange for a request of 20 percent increase in density and meets the criteria for
a development concession related to the mix of affordable units pursuant to
Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section
65915 et seq.;
• Development Agreement (DA2020-002) ("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 No. ER2020-003 to the 2006 General Plan Update Environmental
Impact Report and the 2008-2014 City of Newport Beach Housing Element Update
Initial Study/Negative Declaration ("Addendum") — Pursuant to the California
Environmental Quality Act ("CEQA"), the Addendum will address reasonably
foreseeable environmental impacts resulting from the Project;
WHEREAS, the Property is designated MU -H2 (Mixed -Use Horizontal 2) by the
City of Newport Beach General Plan ("General Plan") Land Use Element and located
within the Airport Business Area, and the Airport Business Area Integrated Conceptual
Development Plan ("ICDP") which allocates a maximum of 260 residential units to be
developed on the Property,
WHEREAS, the Property is currently located within the PC -15 (Koll Center
Newport Planned Community Office Site B) Zoning District;
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 public hearing was held by the Planning Commission on
November 5, 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.
PC2020-040 by a unanimous vote of (4 ayes, 0 nays) recommending approval of the
Project, and the land use entitlements referenced above, to the City Council;
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Ordinance No. 2021-1
Page 3 of 6
WHEREAS, due to the proposed amendment to 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 John Wayne
Airport;
WHEREAS, on November 19, 2020, the ALUC found the Project consistent with
the AELUP for John Wayne Airport;
WHEREAS, telephonic public meetings were held by the Parks, Beaches and
Recreation ("PB&R") Commission on December 1, 2020 and January 25, 2021, in the
City 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 the Ralph M. Brown Act and by providing written notice to property
owners within a 300 foot radius of the Project;
WHEREAS, the PB&R Commission determined that the proposed amenities to be
provided within the proposed public park for the Project are practical, useable and feasible
for the general public, and provided additional recommendations to the City Council;
WHEREAS, at the January 12, 2021 City Council meeting, the City Council
continued the public hearing to January 26, 2021. A notice of time, place and purpose of
the public hearing was given in accordance with the Ralph M. Brown Act; and
WHEREAS, the continued public hearing was held telephonically by the City
Council on January 26, 2021, 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 were given in accordance with California Public Utilities
Code Section 21676(b), the Ralph M. Brown Act, and Chapters 15.40 (Traffic Phasing
Ordinance), 15.45 (Development Agreements), 19.76 (Lot Line Adjustments), 20.56
(Planning Community District Procedures) and 20.62 (Public Hearings) of the NEMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains
as follows:
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Ordinance No. 2021-1
Page 4 of 6
Section 1: The City Council has considered the recommendation of the
Planning Commission and the Parks, Beaches and Recreation Commission and
determined that modifications to the Project made by the City Council, if any, are not
major changes that require referral back to either commission for consideration and
recommendation.
Section 2: The City Council hereby approves Planned Community
Development Plan Amendment No. PD2020-001, an amendment to Planned Community
Development Plan #15 (Koll Center Newport Planned Community) as depicted in Exhibit
"B", which is attached hereto and incorporated herein by reference and finds that Planned
Community Development Plan Amendment No. PD2020-001 complies with the purpose
set forth in Section 20.56. 010 (Purpose) of the NBMC.
The amendment to the Planned Community Development Plan #15 (Koll Center
Newport Planned Community) meets the intent and purpose of Section 20.56.010 in that
the Residential Overlay Zone provides for the classification and development of 260
additive residential units consistent with the goals and policies of the MU -H2 (Mixed -Use
Horizontal 2) land use designation and the ICDP along with a 20 percent density bonus
of 52 units for a total 312 residential units, while maintaining the business and professional
office park environment.
The Residential Overlay Zone is tailored for the Project and includes density,
intensity, and development standards such as building height, setbacks, and parking. It
also includes general provisions for on-site circulation, loading, landscaping, signage,
lighting, and recreation and open space requirements to ensure the Project will be
compatible with the existing office developments within Office Site B; and
Future development of the Property affected by the proposed amendment will be
consistent with the goals and policies of the Land Use Element of the General Plan along
with the purpose and intent of PCDP Amendment.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
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Ordinance No. 2021-1
Page 5 of 6
Section 5: Environmental Impact Report Addendum No. ER2020-03 was
prepared for the Project in compliance with California Public Resources Code Section
21000 et seq. ("CEQA"); CEQA Guidelines as set forth in California Code of Regulations,
Title 14, Division 6, Chapter 3; and City Council Policy K-3 (Implementation Procedures
for California Environmental Quality Act). On the basis of the entire environmental record,
the Project will not result in any new significant impacts that were not previously analyzed
in the PEIR for the General Plan 2006 Update (SCH No. 2006011119) and the City of
Newport Beach Housing Element Initial Study/Negative Declaration. The potential
impacts associated with this Project would either be the same or less than those
described in either the PEIR and the City of Newport Beach Housing Element Initial
Study/Negative Declaration 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 and the City of Newport Beach Housing Element
Initial Study/Negative Declaration, 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.
2021-2, thereby adopting an addendum to the previously adopted PEIR and the City of
Newport Beach Housing Element Initial Study/Negative Declaration. Resolution No.
2021-2, including all findings contained therein, is hereby incorporated by reference.
Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
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Ordinance No. 2021-1
Page 6 of 6
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 26th day of January, 2021, and adopted on the 9th day of
February, 2021, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
C.
AAR N C. HARP, CITY ATTORNEY
Attachments: Exhibit A -Legal Description
Exhibit B - Planned Community Development Amendment No. PD2020-
001
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Exhibit "A"
Legal Description
PARCEL 1:
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL
2 OF PARCEL MAP NO. 91-155 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 266,
PAGES 16 THROUGH 22 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL
MAP NO. 91-155; THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH
49021'34" WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID NORTHEASTERLY LINE SOUTH 4100502" WEST 54.87 FEET;
THENCE SOUTH 04016'29" EAST 257.91 FEET; THENCE SOUTH 85°4331" WEST
685.70 FEET TO A LINE PARALLEL WITH AND 1.00 FEET EASTERLY OF THE
EASTERLY RIGHT-OF-WAY LINE OF VON KARMAN AVENUE AS SHOWN ON SAID
PARCEL MAP NO 91-155; THENCE ALONG SAID PARALLEL LINE NORTH 06°59'31"
WEST 296.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 549.00 FEET; THENCE ALONG SAID
CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL ANGLE OF 09029'40"
TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF
THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING
A BEARING AND DISTANCE OF "NORTH 49021'34" WEST 204.00 FEET"; THENCE
ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE
AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS
NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES:
SOUTH 49021'34" EAST 274.72 FEET; THENCE NORTH 40°38'26" EAST 156.94 FEET
TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF
SAID PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF "NORTH
49021'34" EAST 204.44 FEET"; THENCE ALONG SAID SOUTHWESTERLY LINE AND
THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY
PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49021'34" EAST
166.34 FEET; THENCE NORTH 40°38'26" EAST 284.73 FEET TO SAID
NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHEASTERLY
LINE SOUTH 49°21'34' EAST 157.28 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 4.51 ACRES, MORE OF LESS.
9 -Al 060 1wj
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL
2 OF PARCEL MAP NO. 91-155 AS SHOWN ON A MAP THEREOF, FILED IN BOOK266,
PAGES 16 THROUGH 22 OF PARCEL MAPS, TOGETHER WITH PARCEL 1 OF
PARCEL MAP NO. 82-713 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 181,
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PAGES 13 THROUGH 19 OF PARCEL MAPS, BOTH IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THAT CERTAIN PARCEL DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL
MAP NO. 91-155; THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH
49021'34" WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID NORTHEASTERLY LINE SOUTH 41005'02" WEST 54.87 FEET;
THENCE SOUTH 04016'29" EAST 257.91 FEET; THENCE SOUTH 85043'31" WEST
685.70 FEET TO A LINE PARALLEL WITH AND 1.00 FEET EASTERLY OF THE
EASTERLY RIGHT-OF-WAY LINE OF VON KARMAN AVENUE AS SHOWN ON SAID
PARCEL MAP NO 91-155; THENCE ALONG SAID PARALLEL LINE NORTH 06059'31"
WEST 296.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 549.00 FEET; THENCE ALONG SAID
CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL ANGLE OF 09029'40"
TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF
THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING
A BEARING AND DISTANCE OF "NORTH 49021'34" WEST 204.00 FEET"; THENCE
ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE
AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS
NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES:
SOUTH 49021'34" EAST 274.72 FEET; THENCE NORTH 40°38'26" EAST 156.94 FEET
TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF
SAID PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF "NORTH
49021'34" EAST 204.44 FEET"; THENCE ALONG SAID SOUTHWESTERLY LINE AND
THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY
PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49021'34" EAST
166.34 FEET; THENCE NORTH 40038'26" EAST 284.73 FEET TO SAID
NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHEASTERLY
LINE SOUTH 49°21'34' EAST 157.28 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 20.09 ACRES, MORE OF LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF
RECORD.
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Exhibit "B"
Planned Community Development Plan Amendment No. PD2020-001
Document Attached.
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PLANNED COMMUNITY DEVELOPMENT REGULATIONS AND STANDARDS
F,of Koll Center Newport
Ordinance No. 1449, adopted by the City of Newport Beach August 14, 1972
(Amendment No. 313)
Original draft May 5, 1972
Amendment (1)
August 14, 1972
Amendment (2)
August 14, 1972
Amendment (3)
August 2, 1973
Amendment (4)
February 7, 1974
Amendment (5)
June 10, 1974
Amendment (6)
May 15, 1975
Amendment (7)
September 8, 1975
Amendment (8)
June 28, 1976
Amendment (9)
January 10, 1977
Amendment (10)
July 11, 1978
Amendment (11)
August 28, 1978
Amendment (12)
October 19, 1978
Amendment (13)
November 10, 1980
Amendment (14)
March 23, 1981
Amendment (15)
October 24, 1984
Amendment (16)
May 14, 1984
Amendment (17)
December 9, 1985
Amendment (18)
July 14, 1986
Amendment (19)
March 23, 1987
Amendment (20)
July 27, 1987
Amendment (2 1)
June 12, 1989
Amendment (22)
April 25, 1994
Amendment (23)
October 9, 1995
Amendment (24)
February 23, 1998
Amendment (25)
August 10, 1998
Amendment (26)
January 11, 2000
Amendment (27)
January 25, 2000
Amendment (28)
August 9, 2005
Ordinance No. 2006-19(29)
July 25, 2006
Ordinance No. 2006-21(30)
October 24, 2006
Ordinance No. 2011-3(31)
January 25, 2011
Ordinance No. 2011-8(32)
March 8, 2011
Ordinance No. 2013-5(33)
March 12, 2013
Ordinance No. (34)
, 20
NOTE: See Footnotes beginning on Page 49 for description of amendments.
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CONTENTS
PAGE NO.
PREFACE
1
DEVELOPMENT CONSIDERATIONS
2
GENERAL NOTES
6
DEFINITIONS
7
PART I.
INDUSTRIAL — Deleted (33)
PART II.
COMMERCIAL
Section I.
10
Site Area and Building Area
Section II.
21
Permitted Uses
Section III.
25
General Development Standards for Commercial Land
PART III.
GENERAL PARKING REQUIREMENTS
Section I.
29
PART IV.
GENERAL SIGN REQUIREMENTS
Section I.
32
Sign Standards
Section II.
35
Sign Area
Section III.
35
Maintenance
PART V.
GENERAL LANDSCAPE STANDARDS
Section I.
36
General Statement
PART VI.
RESIDENTIAL OVERLAY
41
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PART VII.
PART VIII.
FOOTNOTES
ATTACHED EXHIBITS (34)
Composite..
Exhibit A ...
Exhibit B....
Exhibit C....
Exhibit D ...
For Information Only
Land Use
Grading and Roads
Storm Drain
Water & Sewer
Exhibit E ............................................... Boundary and Topography
Exhibit F .............................................. Residential Overlay Map — Office Site B
Exhibit G ............................................. Pedestrian Connection Diagram
54
3-14
PREFACE
It is the intent of this Planned Community Development to provide comprehensive zoning for what i
now the Collins Radio pr -opo.., Koll Center Newport while including provisions allowing for
residential development consistent with the City of Newport Beach General Plan and the
Integrated Conceptual Development Plan approved by the City of Newport Beach on December
10, 2010, within the Residential Overlay zone of Professional and Business Office Site B.
Residential uses are permitted in accordance with the provisions found in Part VI, herein.
Existing and planned uses within this development a -r -e include a hotel with banquet and convention
facilities, a small retail and service center, restaurants, a private club, the Orange County Courthouse
with the balance of the acreage developed as a business and professional office park emphasizing open
space. (34)
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DEVELOPMENT CONSIDERATIONS (1) (34)
This Planned Community Development is a project of The Koll Company. This area is most
appropriate for commercial and light industrial uses, and residential where specifically permitted
therefore we submit the enelosed air- tmffie atWysis, vebieular- analysis, land use analysis and mad,, -L4
analy is to substantiate this doe mens Attached drawings indicate land use, grading and roads, storm
drains, water and sewer, topography and tfaffie analysis residential overlay zone, and pedestrian
connection diagram to Uptown Newport mixed-use development.
The site is comprised of approximately 154.0 acres and is generally bounded on the northeast by
Campus Drive, on the southeast by Jamboree Road and on the west by MacArthur Boulevard. (10)
(33)
In order to ensure development consistent with the master plan concept, a review shall be required.
Prior to the issuance of any building permits, a preeise site development plan review application shall
be submitted by the developer to the Planning Community Development Director for review. The
�= application shall conform to the requirements of this Planned Community text and all
other applicable codes and regulations and shall be approved prior to submission by The Koll
Company. Included in the plan review material shall be:
Building Criteria
a. size
b. location
c. height
d. materials
e. number of residential units, if applicable
2. Parking Criteria
a. areas, including drives and accesses
b. quantity
c. size
3. Landscaped Areas
a. setbacks
b. walls
c. plazas
d. pools, fountains and/or other amenities
4. Signing Criteria
a. location
b. size
c. quantity
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5. All other information as required by the City or as directed by the Community
Development Director and as recommended below. Items 5a through 5e inclusive.
a. Sewage System Criteria
The sewer system in the vicinity of the lake should be revised to
conform to the following criteria:
1. All sewer lines should be located such that they will not be
under water even when the lake is at its maximum level.
2. Sewer lines shall be located in 15 -foot wide (minimum)
easements and must be accessible to maintenance vehicles at
all times.
3. The depth of sewer lines should not exceed 15 feet, with the
possible exception of joining the existing system at MacArthur
Boulevard.
b. Pedestrian Circulation (34)
A pedestrian sidewalk system along the public streets shall be
constructed throughout the development. The adequacy of such system
shall be analyzed independently of any on-site pedestrian walkway
system proposed for a particular portion of the development. In
addition, connections between Uptown Newport and Koll Center
shall be consistent with the Integrated Conceptual Development
Plan.
C. Bicycle Circulation
A system of bicycle paths coordinated with the City's Master Plan of
Bicycle Trails and meeting the approval of the Community
Development Director and the Director of Parks, Beaches and
Recreation shall be developed and maintained within the planned
community.
d. Erosion Control
Landscaping plans shall incorporate provisions for Erosion Control on
all graded sites which will remain vacant for a considerable period of
time prior to commencement of building construction.
e. Traffic Considerations
i. Both MacArthur Boulevard and Jamboree Road shall be
widened to provide for 6 through lanes, double left turn lanes
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at all intersections, and free right turning lanes at all
intersections.
ii. Von Karman shall be widened at the intersection with
MacArthur Boulevard to provide 6 lanes.
iii. All streets on the site except for Von Karman shall be flared to
provide at least 5 lanes at intersections with peripheral streets.
iv. Birch Street shall be flared to 5 lanes at the intersection with
Von Karman.
V. Campus Drive shall be widened to provide dual left turn lanes
at Von Karman.
vi. Von Karman shall be improved for its full length from
MacArthur Boulevard to Campus Drive in conjunction with
initial development of areas which do not take primary access
from Campus Drive or Jamboree Road.
vii. Access rights to MacArthur Boulevard shall be dedicated to the
City except for the Birch Street and Von Karman Avenue
intersections. Consideration may be given to providing
additional access points at a later date if more detailed traffic
studies demonstrate the desirability of such additional access
points. Consideration shall be limited to right turn egress and
right and left turn ingress. (11)
viii. Traffic signals shall be constructed at the intersections of
MacArthur Boulevard with Birch Street and with Von Karman
Avenue when the latter two streets are opened. The developer
shall be responsible for 50% of the cost of the signal at Von
Karman and 50% of the cost of the signal at Birch Street.
ix. A traffic signal shall be constructed at the intersection of
Campus Drive and Jamboree Road in conjunction with the
initial stages of development. The developer shall be
responsible for 25% of the cost of the signal.
X. A traffic signal shall be installed at the intersection of Von
Karman and Birch Street, with the developer to be responsible
for 100% of the cost. Construction shall be scheduled so that
the signal will be completed not later than June 30, 1977. (8)
xi. A traffic signal shall be installed at the intersection of Von
Karman and Campus Drive, with the developer to be
responsible for 50% of the cost. Construction shall be
3-18
scheduled so that the signal will be completed not later than
December 30, 1976. (8)
A traffic signal shall be installed at the intersection of Jamboree
Boulevard and Birch Street, with the developer to be
responsible for 50% of the cost. Construction shall be
scheduled so that the signal will be completed not later than
June 30, 1977. (8)
In order to accomplish the schedule for construction of these
two signals, a cooperative agreement may be entered into
between the developer and the City. The agreement shall
provide for the developer to advance the nondeveloper share of
the funding, if necessary; with provisions for reimbursement
by the City. The agreement may also provide for a credit to the
developer for funds advanced for the City's share of
construction costs for signals constructed elsewhere in the
project. (8)
xii. Provision for other traffic signals shall be investigated in
conjunction with the process of development at a later date.
xiii. Phasing of Development. 1,651,757 sq. ft. of development was
existing or under construction as of October 1, 1978. The
additional allowable development in the total approved
development plan is 1,058,863 sq. ft. Any further development
subsequent to October 1, 1978, in excess of 30% of the
additional allowable development, being 317,658 sq. ft., shall
be approved only after it can be demonstrated that adequate
traffic facilities will be available to handle that traffic generated
by the project at the time of occupancy of the buildings
involved. Such demonstration may be made by the
presentation of a phasing plan consistent with the Circulation
Element of the Newport Beach General Plan. (12)
f. Airport (2)
The following disclosure statement of the City of Newport Beach's
policy regarding the Orange County Airport shall be included in all
leases or subleases for space in the Planned Community Development
and shall be included in the Covenants, Conditions and Restrictions
recorded against the property.
Disclosure Statement (2)
The Lessee herein, his heirs, successors and assigns acknowledge that:
3-19
i The n,.. nge Co John Wayne Airport may not be able to
provide adequate air service for business establishments which
rely on such service;
ii. When an alternate air facility is available, a complete phase out
of jet service may occur at the Orange C,.John Wayne
Airport;
iii. The City of Newport Beach may continue to oppose additional
commercial air service expansion at the John
Wayne Airport;
iv. Lessee, his heirs, successors and assigns will not actively
oppose any action taken by the City of Newport Beach to phase
out or limit jet air service at the Orange County John Wayne
Airport.
3-20
GENERAL NOTES REQUIREMENTS
Water within the planned community area is will be furnished by the Irvine Ranch Water District.
Prior to or coincidental with the filing of any tentative map or use permit, the developer shall submit
a master plan of drainage to the Director of Public Works.
The height of all buildings and structures shall comply with Federal Aviation Administration
AtAofity criteria.
Whenever development regulations or standards of this planned community development
plan conflict with the regulations of the Newport Beach Municipal Code, the regulations
contained herein shall prevail. The Municipal Code shall regulate this development
whenever regulations are not provided within these district regulations. All words and
phrases used in this planned community development plan shall have the same meaning and
definition as used in the City of Newport Beach Municipal Code unless defined differently
within the Koll Center Planned Community Development Plan.
The contents of this supplemental text notwithstanding, no construction shall be proposed within the
boundaries of this planned community district except that which shall comply with all applicable
provisions of the City -adopted California Building Code, Fire Code, and the various mechanical
and electrical codes related thereto.
3-21
DEFINITIONS
Advertising Surface:
The total area of the face of the structure, excluding supports.
Area of Elevation:
Total height and length of a building as projected to a vertical plane.
Building Line:
An imaginary line parallel to the street right-of-way line specifying the closest point from this street
right-of-way that a building structure may be located (except for overhangs, stairs and sunscreens).
Right -of -Waw
When reference is made to right-of-way line it shall mean the line which is then established on either
the adopted Master Plan of Streets and Highways or the filed Tract Map for Minor Roads as the
ultimate right-of-way line for roads or streets.
Side and Front of Corner Lots:
For the purpose of this ordinance, the narrowest frontage of a lot facing the street is the front, and the
longest frontage facing the intersecting street is the side, irrespective of the direction in which the
structures face.
aim
Any structure, device or contrivance, electric or non -electric and all parts thereof which are erected or
used for advertising purposes upon or within which any poster, bill, bulletin, printing, lettering,
painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed,
pasted or otherwise fastened or affixed.
Commerce:
All those permitted uses as specified in Part II, Section II, Group I through VII, inclusive, in this text.
Commercial Land:
The site area upon which any or all commercial permitted uses would exist.
Site Area: (3)
The total land area of the land described in the use or other permit, including footprint lots.
3-22
Special Landscaped Street:
Special landscaped streets are designated as MacArthur Boulevard, Jamboree Boulevard and Campus
Drive. The landscaping requirements for special landscaped streets and for the remaining streets are
described in the following text.
Streets - Dedicated and Private:
Reference to all streets or rights-of-way within this ordinance shall mean dedicated vehicular rights-
of-way. In the case of private or non -dedicated streets, a minimum setback from the right-of-way line
of said streets of ten (10) feet shall be required for all structures. Except for sidewalks or access drives,
this area shall be landscaped according to the setback area standards from dedicated streets contained
herein.
Driveway:
Vehicular access ways onto or within private property exclusive of streets, dedicated or private. A
minimum separation of five (5) feet shall be maintained between all driveways and buildings.
Footprint Lot: (3)
The area of land required for the building pad, encompassing the peripheral area of the building.
Appurtenant and contiguous to the footprint lot shall be all parking, landscape, setbacks and other
areas as described and required by this text.
Landscape Area: (4)
The landscape area shall include walks, plazas, water and all other areas not devoted to building
footprints or vehicular parking and drive surfaces. In calculating area of required landscaping any off-
site landscaping such as landscaped medians or parkways in street rights-of-way shall not be included.
3-23
PART L INDUSTRIAL — Deleted. (33)
3-24
PART II
Section I.
Group I
COMMERCIAL
Site Area and Buildiniz Area
PROFESSIONAL & BUSINESS OFFICES
Acreages shown are net buildable land area including landscape setbacks with property
lines. (4)
A. Building Sites (4)
Site A
Site B
Site C
Site D
Site E
Site F
Site G
TOTAL
IC
Total Acreage
30.939 acres * (29)
43.703 acres (11)
18.806 acres (10)
19.673 acres
2.371 acres
1.765 acres
5.317 acres (8)
117.114 acres (8)(10)(11)
Allowable Building Area
Site A
Site B
Site C
Site D
Site E
Site F
Site G
TOTAL
Office Acreage
30.939 acres *(29)
43.703 acres (11)
18.806 acres (10)
19.673 acres
2.371 acres
1.765 acres
5.317 acres (8)
117.114 acres(8)(10)(11)
366,147 square feet (16)(26)(29)(30)
977,720 square feet (13)(16)(28)(30)(32)
674,800 square feet (10)(15)
240,149 square feet (8)(13)
32,500 square feet (4)
42,646 square feet (4)(3 1)
45,000 square feet (8)
2,378,962 square fee t_(I5)(*)(31)
C. Statistical Analysis (4)
The following statistics are for information only.
Development may include but shall not be limited to the following:
Story heights shown are average heights for possible development. The
buildings within each parcel may vary.
Assumed Parking Criteria:
a. One (1) space per 225 square feet of net building area @ 120 cars per
acre for Sites C, D, E, F and G.
3-25
*(3)(4) In addition to 19.399 acres of office use, there is 9.54 acres for hotel and motel and
2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within
Office Site A. (3)(4)(16)
2
b. One (1) space per 300 square feet of net building area @ 120 cars per
acre for Sites A, B and C. (11)
Site A
Allowable Building Area
Site Area
Q
Building Height
Two story development
Three story development
Four story development
Five story development
Six story development
Seven story development
Eight story development
Nine story development
Ten story development
Eleven story development
Twelve story development
Parking
1,221 cars
366,147 square feet (16)(26)(29)(30)
...... 19.399 acres *(3)(4)(16)
Land Coverage (16)(29)(30)
............... 4.20 acres
............... 2.80 acres
............... 2.10 acres
............... 1.68 acres
............... 1.40 acres
............... 1.20 acres
............... 1.05 acres
............... 0.93 acres
............... 0.84 acres
............... 0.76 acres
............... 0.70 acres
Land Coverage
.............. 10.18 acres (11,16,29,30)
C. Landscaped Open Space (4, 11,16) Land Coverage (29,30)
Two story development
............... 5.02 acres
Three story development
............... 6.42 acres
Four story development
............... 7.12 acres
Five story development
............... 7.54 acres
Six story development
............... 7.80 acres
Seven story development
............... 8.02 acres
Eight story development
............... 8.17 acres
Nine story development
............... 8.29 acres
Ten story development
............... 8.38 acres
Eleven story development
............... 8.46 acres
Twelve story development
............... 8.52 acres
Allowable Building Area ......... 977,720 square feet (13,16,28,30)
Site Area ......... 43.703 acres (4) (11)
3-26
a.
Building Height
Two story development
Three story development
Four story development
Five story development
Six story development
Seven story development
Eight story development
Nine story development
Ten story development
Eleven story development
Twelve story development
b. Parking
3-,2-59 3,261 cars (34)
C.
Landscaped Open Space (11)
Two story development
Three story development
Four story development
Five story development
Six story development
Seven story development
Eight story development
Nine story development
Ten story development
Eleven story development
Twelve story development
3. Site C (10)
Allowable Building Area
Site Area
a.
Building Height
Two story development
Three story development
Four story development
Five story development
Six story development
Seven story development
Eight story development
Nine story development
Ten story development
Eleven story development
Twelve story development
Land Coverage (16,28,30,32))
............... 11.22 acres
............... 7.48 acres
............... 5.61 acres
............... 4.49 acres
............... 3.74 acres
............... 3.21 acres
............... 2.81 acres
............... 2.49 acres
............... 2.24 acres
............... 2.04 acres
............... 1.87 acres
Land Coverage
(11,13,16,28,30)
............... 27.16 acres
Land Coverage (11,13,16,28,30,32))
............... 5.32 acres
............... 9.06 acres
............... 10.93 acres
............... 12.05 acres
............... 12.80 acres
............... 13.33 acres
............... 13.73 acres
............... 14.05 acres
............... 14.30 acres
............... 14.50 acres
............... 14.67 acres
674,800 square feet (15) (17)*
18.806 acres (4)
Land Coverage (15)
............... 7.75 acres
............... 5.16 acres
............... 3.87 acres
............... 3.10 acres
............... 2.58 acres
............... 2.21 acres
............... 1.94 acres
............... 1.72 acres
............... 1.55 acres
............... 1.41 acres
............... 1.29 acres
3-27
b. Parking
2,249 cars
Land Coverage (15)
............... 18.74 acres
* The square footage includes a maximum of 3,250 square feet for up to two (2)
restaurants, bars, or theater/nightclubs. Any portion or all of the floor area not utilized
for the purpose shall revert to professional and business office use. (17)
C. Landscaped Open Space
Land Coverage (4)(15)
Two story development
............... -7.68 acres
Three story development
............... -5.09 acres
Four story development
............... -3.80 acres
Five story development
............... -3.03 acres
Six story development
............... -2.51 acres
Seven story development
............... -2.14 acres
Eight story development
............... -1.87 acres
Nine story development
............... -1.65 acres
Ten story development
............... -1.48 acres
Eleven story development
............... -1.34 acres
Twelve story development
............... -1.24 acres
4. Site D
Allowable Building Area
......... 240,149 square feet (8)(13)
Site Area
......... 19.673 acres (4)
a. Building Height
Land Coverage(8) (13)
Two story development
............... 2.75 acres
Three story development
............... 1.84 acres
Four story development
............... 1.38 acres
Five story development
............... 1.10 acres
Six story development
............... 0.92 acres
Seven story development
............... 0.79 acres
Eight story development
............... 0.69 acres
Nine story development
............... 0.61 acres
Ten story development
............... 0.55 acres
Eleven story development
............... 0.50 acres
Twelve story development
............... 0.46 acres
b. Parking
Land Coverage (8) (13)
1,067 cars
............... 8.89 acres
3-28
c
5. Site E
Landscaped Open Space
Two story development
Three story development
Four story development
Five story development
Six story development
Seven story development
Eight story development
Nine story development
Ten story development
Eleven story development
Twelve story development
Allowable Building Area
Site Area
a. Building Height
Two story development
Three story development
Four story development
Five story development
Six story development
Seven story development
Eight story development
Nine story development
Ten story development
Eleven story development
Twelve story development
b. Parking
144 cars
C. Landscaped Open Space (4)
Two story development
Three story development
Four story development
Five story development
Six story development
Seven story development
Eight story development
Nine story development
Ten story development
Eleven story development
Twelve story development
Land Coverage (4) (8) (13)
............... 8.03 acres
............... 8.94 acres
............... 9.40 acres
............... 9.68 acres
............... 9.86 acres
............... 9.99 acres
............... 10.09 acres
............... 10.17 acres
............... 10.23 acres
............... 10.28 acres
............... 10.32 acres
......... 32,500 square feet (4)
......... 2.371 acres (4)
Land Coverage (4)
............... 0.37 acres
............... 0.25 acres
............... 0.19 acres
............... 0.15 acres
............... 0.12 acres
............... 0.11 acres
............... 0.10 acres
............... 0.09 acres
............... 0.08 acres
............... 0.07 acres
............... 0.06 acres
Land Coverage (4)
............... 1.20 acres
Land Coverage
............... 0.80 acres
............... 0.92 acres
............... 0.98 acres
............... 1.02 acres
............... 1.05 acres
............... 1.06 acres
............... 1.07 acres
............... 1.08 acres
............... 1.09 acres
............... 1.10 acres
............... 1.11 acres
3-29
6. Site F (4)(3 1)
Allowable Building Area
Site Area
a.
15
C
Building Height
One story development
Two story development
Three story development
Four story development
Five story development
Six story development
Parkinz
190 cars
Landscaped Open Space
One story development
Two story development
Three story development
Four story development
Five story development
Six story development
7. Site G (8)
Allowable Building Area
Site Area
a.
Q
C
Building Height
One story development
Two story development
Three story development
Four story development
Parking
200 cars
Landscaped Open Space
One story development
Two story development
Three story development
Four story development
......... 42,646 square feet
......... 1.765 acres
Land Coverage
............... 0.98 acres
............... 0.49 acres
............... 0.33 acres
............... 0.24 acres
...........0.20 acres
............0.16 acres
Land Coverage
............... 1.58 acres
Land Coveraize
............... <0.80> acres
............... <0.31> acres
............... <0.15> acres
............... <0.06> acres
.................<0.02> acres
.............. <0.03> acres
......... 45,000 square feet
......... 5.317 acres
Land Coveraize
............... 1.03 acres
............... 0.52 acres
............... 0.34 acres
............... 0.26 acres
Land Coverage
............... 1.67 acres
Land Coverage
............... 2.62 acres
............... 3.13 acres
............... 3.31 acres
............... 3.39 acres
3-30
Building Height
Maximum building height shall not exceed twelve (12) stories above ground level; and shall
in no way exceed the height limits set by the Federal Aviation Administration Authority for
Conclusions
The preceding figures indicate that within a fixed maximum density as the height of the
building increases the resulting open landscaped area also increases.
Group II. HOTEL & MOTEL (1)
Group III.
a
r.
Building Sites
For the purposes of this statistical analysis, 9.54 acres have been allotted for
hotel and motel development. This acreage is for statistical purposes only. It
is necessary to allot a specific acreage within this analysis to secure office
building densities within their specific parcels. Development may include but
shall not be limited to this acreage. The hotel and motel site size shall be
determined at the time a use permit is secured.
B. Building Height
Maximum building height shall not exceed height limits set by the Federal
Aviation Administration Auffierity for Ormge Cetmty Airport.
COURT HOUSE
A. Building Site
Site 1: 7.80 acres ........
Building Area
Site 1: 90,000 square feet ...
........ 7.80 acres
90,000 square feet
The following statistics are for information only. Development may include but
shall not be limited to the following.
C. Parkin
400 Cars............................................................... 3.33 acres
D. Landscaped Open Space Land Coverage
Two story development ........................................ 3.44 acres
Three story development ...................................... 3.78 acres
Four story development ........................................ 3.95 acres
3-31
Five story development ......................................... 4.06 acres
Six story development ........................................... 4.13 acres
E. Building Height
Maximum building height shall not exceed height limits set by the Federal
Aviation Administration " ather-ity for- n,., nge r,., pAy n ;,.. ei4
3-32
Group IV. SERVICE STATIONS
A. Building Sites (4) (5) (11)
Site 3: 1.765 acres ................................... 1.765 acres
Service station site 3 shall be located within Office Site F and shall not exceed
1.765 acres in size. Any portion or all of Site 3 not utilized for service station
use shall revert to either professional and business office use or restaurant use.
(4)
Group V. RESTAURANTS (1) (4)
A. Building Sites
Maximum acreages for Site 2 shall not exceed 1.25 (18) acres. Maximum
acreage for Site 3: 1.765 acres. Maximum acreages for Sites 4 and 5 shall not
exceed 3.0 acres. Maximum acreage for Sites 6 and 7 shall not exceed 2.2
acres. (8)
(The following acreages are for information only.)
Site 1 Deleted see Group VII.
.............. (18)
Site 2 ....................................................
1.25 acres
Site 3 ....................................................
1.765 acres
Site 4 Deleted......................................................(30)
Site 5 Deleted ....................................................
(30)
Site 6 ....................................................
1.50 acres (8)
Site 7 ....................................................
0.70 acres (8)
5.215 acres ...........5.215 acres (30)
Site 1 Deleted see Group VII Private Club (18)
Site 2 (4101 Jamboree — Taco Bell) located within Office Site `B" (4)(16)(3 0)
Site 3 located within Office Site "F". (4)
Site 4 (4300 Von Karman Avenue — Koto Restaurant) deleted and reverted
to Site B Professional and Business Office Allowable Building Area. (30)
Site 5 deleted from Office Site `B" and transferred to Office Site "A" as
Professional and Business Office Allowable Building Area (30)
Sites 6 and 7 located within Office Site "G". (8)
Any portion or all of the restaurant, bar, theater/nightclub acreage for Sites 2,
4, 5, 6 or 7 not utilized for that purpose shall revert to professional and business
office use. Any portion or all of the restaurant acreage for Site 3 not utilized
for that purpose shall revert to either professional and business office use or
service station use. (4) (8) (18)
3-33
The following statistics are for information only. Development may include but shall
not be limited to the following.
B. Building Area (4)(8) (30)
C
Site 2 ................
2,397sq. ft.
...... 0.06 acres (30)
Site 3 ................
10,000 sq. ft.
...... 0.22 acres
Site 4 ................
Deleted
Site 6 (8) ....
Site 5 ................
Deleted
0.38 acres
Site 6 (8) ..........
7,000 sq. ft.
...... 0.16 acres
Site 7 (8) ..........
3,000 sq. ft.
...... 0.07 acres
22,397 sq. ft. ...... 0.51 acres .....
Parkin
.0.51 acres (8, 18, 30)
Criteria: 300 occupants/ 10,000 sq. ft.
1 space/3 occupants and 120 cars per acre.
Site 2 ..........
24 cars
............. 0.20 acres (30)
Site 3 ..........
100 cars
............... 0.84 acres
Site 4 ..........
Deleted
Site 6 (8) ....
Site 5 ..........
Deleted
0.38 acres
Site 6 (8) ...
70 cars
............... 0.58 acres
Site 7 (8) ...
30 cars
............... 0.25 acres
1.87 acres ....... 1.87 acres (8) (18)(30)
Landscaped Open Space (4) (30)
Site 2 ..........
0.99 acres (30)
Site 3 ..........
0.70 acres
Site 4 ..........
Deleted
Site 5 ..........
Deleted
Site 6 (8) ....
0.76 acres
Site 7 (8) ....
0.38 acres
2.83 acres ......................................... 2.83 acres (8) (18)(30)
E. Building Height
Building height of structures shall be limited to a height of thirty-five (35) feet.
3-34
Group VI. RETAIL & SERVICE CENTER
A. Building Site (4) (5)
Site 1 .......... 5.026 acres
Site 2 Deleted (30)
5.026 acres ...
.......... 5.026 acres (30)
Site 2 shall be located within Office Site `B." Any portion or all of the retail and
service Site 2 acreage not utilized for that purpose shall revert to professional and
business office use. (4) (16)
Site 2 deleted from Office Site "B" and transferred to Office Site "A" as Professional
and Business Office Allowable Building Area. (30)
B. Allowable Building (5)
* Retail Site No. 1 .......... 120,000 sq. ft. (14)(27)
Retail Site No. 2 .......... Deleted (30)
* Retail Site No. 1 (sq. Ft.)
Parcel
Existing
Total
Parcel 1, R/S 588 (H) (H) 70,630
Parcel 3, R/S 506 (R) (R) 0
(0) (0) 22,000
Parcel 4, R/S 506 (R) 4,115 (R) 21,896
(0) 0 (0) 5,474
Subtotal (R) 12,315 (R) 21,896
(0) 0 (0) 27,474
(H) 70,630
Total 120,000 (14)(271
(R) = Retail
C. Landscape Area (5)
(0) = Office (H) = Hotel
Twenty-five (25) percent of the 5.026 acres constituting retail and service
center Site No. 1 shall be developed as landscape area.
If twenty-five (25) percent of the 5.026 acres constituting retail and service
center Site No. 1 is not developed as landscape area, a specific site plan shall
be submitted to the City of Newport Beach Planning Commission for approval
prior to the issuing of a building permit.
3-35
D. Statistical Anal (5)
The following statistics are for information only. Development may include
but shall not be limited to the following.
Assumed parking criteria: One (1) space per 200 square feet of net building
area at 120 cars per acre.
1. Site 1
Allowable Building Area .................................... 120,000 sq. ft. (14)(27)
Site Area............................................................................. 5.026 acres
a. Building Height (14)
Two story development .......................................... 1.17 acres
Three story development ........................................ 0.78 acres
Four story development .......................................... 0.59 acres
Five story development ........................................... 0.47 acres
b. Parking (14)
460 cars................................................................... 3.83 acres
C. Landscaped Open Space (14)
Two story development .......................................... 0.03 acres
Three story development ........................................ 0.87 acres
Four story development ......................................... 0.61 acres
Five story development .......................................... 0.73 acres
2. Site 2 Deleted (30)
E. Building Height
Building height of structures shall be limited to a height of thirty-five (35) feet
above mean existing grade as shown on Exhibit `B." (5) Building height of
structures for Service Site 1 shall be limited to a height of sixty feet (27)
Group VII. PRIVATE CLUB (18)
A. Building Site
Site 1
2.0 acres
2.0 acres
Site 1 shall be located within Office Site "A." Any portion or all of the private club
acreage not utilized for that purpose shall revert to professional and business office use.
1. Site 1
3-36
Allowable Building Area ........................................45,000 square feet (26)
B. Building Height
Building height of structures shall be limited to a height of fifty (50) feet.
Section II. Permitted Uses
Group I. PROFESSIONAL AND BUSINESS OFFICES
To allow the location of commercial activities engaged in the sale of products or
services relating to and supporting the Development Plan, provided that such activities
are confined within a building or buildings.
A. Professional Offices similar in nature to but not limited to the following: (6)
1. Accountants
2. Attorneys
3. Doctors, dentists, optometrists, oculists, chiropractors and others
licensed by the State of California to practice the healing arts.
4. Engineers, architects, surveyors and planners.
B. Business Offices similar in nature to but not limited to the following: (6)
1. Advertising agencies
2. Banks
3. Economic consultants
4. Employment agencies
5. Escrow offices
6. Insurance agencies
7. Laboratories
a. Dental
b. Medical
c. X -Ray
d. Bio -chemical
e. Film, wholesale only
f. Optometrical
8. Stockbrokers
9. Studios for interior decorators, photographers, artists and draftsmen.
10. Telephone answering services
11. Tourist information and travel agencies
C. Hotel and Motel (1)
To allow for the location within Office Site "A" of a hotel or motel
development, subject to a use permit.
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D. Restaurants, bars and theater/nightclubs subject to the procedures, regulations
and guidelines set forth in Title 20 of the Newport Beach Municipal Code, in
each case. (1) (3) (4) (7) (25)
1. Deleted (18)
* 2. To allow within the 43.703 acres of Office Site `B" three (3) restaurant,
bar or theater/nightclub sites. (16)
3. To allow within the 18.806 acres of Office Site "C" up to two (2) restaurant,
bar or theater/nightclub sites with a total area not to exceed 3,250 square
feet. Specific location of these restaurants, bars or theater/nightclubs to be
determined at a later date. The permitted professional and business offices'
allowable building area for the site will be reduced accordingly. (17)
4. To allow within the 1.765 acres of Office Site "F" two (2) restaurant, bar
or theater/nightclub sites. Specific location of these sites to be determined
at a later date. All other acreage shall be adjusted and shall not increase or
decrease the professional and business offices allowable building area for
the site.
To allow within the 5.317 acres of Office Site "G" three (3) restaurant, bar
or theater/nightclub sites. Specific location of these sites to be determined
at a later date. All other acreage shall not increase or decrease the
professional and business offices' allowable building area for the site. (8)
(25)
* E. Private Club (4) (18) (26)
To allow within Office Site "A" one (1) private club site at 4110 MacArthur
Boulevard.
F. Service Station (4)
To allow within Office Site "F" one (1) service station site. Specific location
to be determined at a later date. All other acreages shall be adjusted and shall
not increase or decrease the professional and business office allowable building
area for the site.
* (4) If restaurant, bar or theater/nightclub, or private club uses are developed, the allowable
building area for Office Site `B" shall be restricted by one of the following conditions:
1. The 963,849 square feet of allowable building area shall not increase or decrease so
long as twenty-five (25) percent of the 41.969 acres constituting Office Site "B" is
developed as landscaped area. (16)
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2. If twenty-five (25) percent of the 42.709 acres constituting Office Site `B" is not
developed as landscape area, the 963,849 square feet of allowable building area shall
be reduced by the gross building area of the restaurants, bars or theater/nightclubs
and/or private club. The allowable building area shall be further reduced by the
number of additional parking spaces required to support a restaurant, bar or
theater/nightclub, or a private club beyond what would be required for an equivalent
area of office use. The reduction shall be 225 square feet per additional space. (16)
G. Support Commercial (20)
The uses permitted under this section are of a convenience nature ancillary to
the operation and use of office facilities. These uses shall be in addition to
those sites permitted under Part H. Section II. Group V (Restaurants). These
uses shall not increase the allowable building area for Professional and
Business Office.
Retail sales and services including tobacco stores, card shops,
confectionery and newspaper stands, and other uses which, in the
opinion of the Plawiin Community Development Director, are of a
similar nature. Retail uses shall be located in the basement or on the
first floor of a building. Storage for such uses shall be within a building.
2. Restaurants, including outdoor restaurants and take-out restaurants,
bars or theater/nightclubs shall be permitted subject to the procedures,
regulations and guidelines set forth in Title 20 of the Newport Beach
Municipal Code, in each case. (25)
Group II. HOTEL & MOTEL (1)
Subject to a use permit.
Group III. COURT HOUSE
State, County and/or City Facilities.
Group IV. SERVICE STATIONS & MECHANICAL CAR WASH (4)
A. Service stations subject to the City of Newport Beach service station standards.
B. Mechanical car wash, subject to a use permit. Mechanical car wash shall only
be allowed in conjunction with or in lieu of a permitted service station use.
Group V. RESTAURANTS (7)
A. Restaurants, including outdoor, drive-in or take-out restaurants, bars and
theater/nightclubs, shall be subject to the procedures, regulations and
guidelines set forth in Title 20 of the Newport Beach Municipal Code, in each
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case. Facilities other than indoor dining establishments or those that qualify as
outdoor, drive-in or take-out establishments shall be subject to the City of
Newport Beach regulations covering drive-in and outdoor establishments. (25)
Group VI. RETAIL & SERVICE CENTER (1)
A. Permitted Uses
1. Restaurants, including outdoor, drive-in or take-out restaurants, bars
and theater/nightclubs, shall be permitted subject to the procedures,
regulations and guidelines set forth in Title 20 of the Newport Beach
Municipal Code, in each case, except as noted under "a" and "b" below.
(7) (25)
a. Restaurants, other than outdoor, drive-in or take-out
restaurants, shall be permitted subject to the procedures,
regulations and guidelines set forth in Title 20 of the Newport
Beach Municipal Code, in each case. (25)
b. Outdoor, drive-in or take-out restaurants shall be subject to the
procedures, regulations and guidelines set forth in Title 20 of
the Newport Beach Municipal Code, in each case. (25)
2. Barber shop and beauty parlor
3. Book and stationery store
4. Blueprinting and photostatics
5. Camera Shop
6. Delicatessen store
7. Florist
8. Shoe store or repair shop
9. Tailor
10. Tobacco store
11. Office equipment rentable and repair
12. Pharmacies
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13. Tourist information, travel agencies, and ticket reservation services, but
not to include any airline terminal services or facilities for the transport
of passengers, baggage, or freight. (1)
14. Athletic club or health clubs (5)
* 15. Professional and Business Offices (5)
16. Other uses similar to the above listed
17. Hotel subject to approval of a Use Permit (27)
Group VII. LODGE HALLS, PRIVATE CLUBS, ATHLETIC CLUBS, UNION
HEADUARTERS (1) (4) (18)
Subject to use permit.
Group VIII. AUTO DETAILING (19)
A. All drainage shall be into the sanitary sewer system.
B. That all car wash and auto detailing operations shall be conducted within a
covered area.
C. This service shall be designed to serve building tenants and their patrons and
guests, and shall be ancillary to the primary use.
Section III. General Development Standards for Commercial Land
A. Site Area
Minimum site area shall not be less than thirty thousand (30,000) square feet.
Footprint lots shall have all required appurtenant areas contiguous thereto and
the sum of these areas shall not be less than thirty thousand (30,000) square
feet. (3)
* To allow, in addition to the 2,320,600 square feet of professional and business office use
permitted elsewhere in the text, a maximum of 38,022 net square feet of professional and
business office use within Retail and Service Center Site 1. (5) (14)
Exception: (9)
The Planning Commission may authorize an exception to the
minimum site area. Application for any such exception shall be made at the
time of the filing of a tentative map by the applicant. In order for an exception
to be granted, the Planning Commission shall find the following facts with
respect thereto:
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1. That the granting of the exception will not be
detrimental to the public welfare or injurious to other property in the
vicinity.
2. That the Development Considerations and intent of this
planned Community Development Standards are substantially met.
B. Building Area
Maximum building area for professional and business offices
shall be as noted in Site Area and Building Area, Part II, Section I, Group 1.
C. Setbacks
All setbacks shall be measured from the property line. For the
purpose of this ordinance, a street side property line is that line created by the
ultimate right-of-way of the frontage street.
1. Front Yard Setback (10)
Thirty (30) feet minimum; except that
unsupported roofs or sunscreens may project six (6) feet into the
setback area. The setback for Site C from MacArthur Boulevard would
be at least thirty-six (36) feet except that unsupported roofs or sun-
screens any project six (6) feet into the setback.
2. Side Yard
Side yard setbacks will be required only when any one
of the following conditions exist:
a. Corner Lot: Thirty (30) feet (street side setback
only), except that unsupported roofs and sunscreens may
project three (3) feet into setback area.
b. Where property abuts other than commercially
zoned property, a ten (10) foot setback is required.
Unsupported roofs and sunscreens may project three (3) feet
into the setback area.
3. Rear Yard
None required except on a through -lot in which case the
required front yard setback shall be observed.
4. Footprint Lots (6)
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Except as required by the Uniform Building Code,
there shall be no additional setback requirements for buildings
within footprint lots. Provided, however, that buildings within
footprint lots shall be so located as to observe the setbacks from
streets and existing lot lines required under Part II, Section III,
C.1,2and 3.
D. Loading Areas
1. Street side loading on other than special landscaped
streets shall be allowed providing the loading dock is set back a
minimum of seventy (70) feet from the street right-of-way line, or one
hundred ten (I 10) feet from the street center line, whichever is greater.
Said loading area must be screened from view from adjacent streets.
E. Storage Areas
1. All outdoor storage shall be visually screened from
access streets, freeways and adjacent property. Said screening shall
form a complete opaque screen up to a point eight (8) feet in vertical
height, but need not be opaque above that point.
2. Outdoor storage shall be meant to include all company
owned and operated motor vehicles, with the exception of passenger
vehicles.
3. No storage shall be permitted between a frontage street
and the building line.
F. Refuse Collection Areas
1. All outdoor refuse collection areas shall be visually
screened from access streets, freeways and adjacent property. Said
screening shall form a complete opaque screen.
2. No refuse collection area shall be permitted between a
frontage street and the building line.
G. Telephone and Electrical Service
All "on-site" electrical lines (excluding lines in excess of
12KV) and telephone lines shall be placed underground. Transformer
or terminal equipment shall be visually screened from view from streets
and adjacent properties.
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H. Pedestrian Access (1)
It is required of all developments in the commercial areas to
submit a plan of pedestrian access to the Community Development
Plannin-g-Department prior to the issuance of building permits. Said
plan will detail consideration for pedestrian access to the subject
property and to adjacent properties and shall be binding on subsequent
development of the property. The plan shall show all interior walkways
and all walkways in the public right-of-way, if such walkways are
proposed or necessary.
I. Parkin
All parking shall be as specified in the General Parking
Requirements, Part III.
All signing shall be as specified in the General Sign
Requirements, Part IV.
K. Landscape
All landscaping shall be as specified in the General Landscape
Requirements, Part V.
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PART III. GENERAL PARKING REQUIREMENTS
Section I A. Adequate off-street parking shall be provided to accommodate all parking
needs for the site. The intent is to eliminate the need for any on -street parking.
Required off-street parking shall be provided on the site of the use served, or
on a contiguous site, or within three hundred (300) feet of the subject site.
Where parking is provided on other than the site concerned, a recorded
document shall be approved by the City Attorney and filed with the
Community Development Department Biiildiag and Planning Departments
and signed by the owners of the alternate site stipulating to the permanent
reservation of use of the site for said parking.
B. Parking requirements for specific sites shall be based upon the following
parking criteria. All parking shall be determined based upon building type and
the area within allotted to the following functions:
1. Business & Professional Offices
One (1) space for each 225 square feet of net floor area. The parking
requirement may be lowered to one (1) space for each 250 square feet
of net floor area upon review and approval of the modification
committee.
Company parking stalls shall not exceed twenty-five (25) percent of
the total number of required parking spaces. The number and design
of compact parking stalls shall be reviewed and approved by the
Plawiin Community Development Director. (11)
Exception: (11)
Parking Requirement for Business and Professional Office Buildings
based on Parking Pool. The parking requirements for office buildings
within a contiguous office site may be modified in accordance with the
following schedule when the net building area or areas served exceeds
100,000 square feet.
a. For the first 125,000 square feet, parking shall be provided at one
space per 250 square feet of net floor area.
b. For the next 300,000 square feet, parking shall be provided at one
space per 300 square feet of net floor area.
C. Any additional floor area, parking shall be provided at one space
per 350 square feet of net floor area.
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d. For pools based on more than 425,000 square feet of net floor
area, the Planning Commission may modify the parking formula
by use permit, based on a demonstrated formula.
2. Medical & Dental Offices
Five (5) spaces for each doctor or one (1) space for each 200 square
feet of gross floor area, whichever is greater.
3. Manufacture, Research and Assembly - Deleted. (33)
4. Warehouse - Deleted. (33)
5. Lodge Halls, Private Clubs, Athletic Clubs, Union Headquarters (1) (4)
(5)
a. One (1) space for each 75 square feet of gross floor area plus one
(1) space for each 250 square feet of gross office floor area.
b. Specific parking requirements shall be developed for private
clubs or athletic clubs based upon functions and occupancies
within this use. Parking shall be in conformance to existing City
of Newport Beach requirements for said occupancies or at a
demonstrated formula agreeable to the Plannin Community
Development Director. (4) In the event that private clubs or
athletic clubs are converted to another use, parking requirements
for the new use shall be subject to review by the Planp�g
Community Development Director. (5)
6. Restaurants, Bars or Theater/Nightclubs, Outdoor, Drive -In and Take -Out
Restaurants (7)
a. Restaurant, bar or theater/nightclub parking shall be in
accordance with Title 20 of the Newport Beach Municipal Code,
except as noted under "b" and "c" below.
* b. Restaurants, other than outdoor, drive-in or take-out restaurants,
within retail and service centers shall provide one (1) space for
each 200 square feet of net floor area and one (1) loading space
for each 10,000 square feet of gross floor area, to the extent that
the net floor area of all restaurants does not exceed twenty (20)
percent of the net floor area of the retail and service center. In
the event that any restaurant causes the total of all restaurant uses
in the retail and service center to exceed the twenty (20) percent
limitation noted above, that entire restaurant and any subsequent
restaurants shall provide parking as noted under "a" above.
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C. Parking for outdoor, drive-in and take-out restaurants shall be
provided in accordance with Section 20.53.060 of the Newport
Beach Municipal Code.
7. Commercial Retail and Service Center (5)
One (1) space for each 200 square feet of net floor area. One (1)
loading space for each 10,000 square feet of gross floor area.
Professional and business office parking shall be provided per Part III,
Section I.B.1. Athletic or health club parking shall be provided per Part
111, Section 1.B.5b.
8. Hotels and Motels
One (1) space for each guest unit plus employees' parking on a
demonstrated formula. Parking for restaurants, bars, banquet rooms,
retail shops or service stores shall be as specified in the above
applicable section or on a demonstrated formula acceptable to the
Plawiin Community Development Director.
* Professional and business office net floor area shall be included in this provision.
Athletic and health club net floor area shall be excluded from this provision. (5)
9. Court House
Specific parking requirements shall be developed based upon functions
and occupancies within this zone. Parking shall be in conformance to
existing City of Newport Beach requirements for said occupancies, or
at a demonstrated formula agreeable to the Plannin Community
Development Director.
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PART IV. GENERAL SIGN REQUIREMENTS
Section I. Sign Standards
A. Signs visible from the exterior of any building may be lighted, but no
signs or any other contrivance shall be devised or constructed so as to
rotate, gyrate, blink or move in any animated fashion.
B. Signs shall be restricted to advertising only the person, firm, company
or corporation operating the use conducted on the site or the products
sold thereon.
C. A wall sign with the individual letters applied directly shall be
measured by a rectangle around the outside of the lettering and/or the
pictorial symbol and calculating the area enclosed by such line.
D. All signs attached to the building shall be surface mounted.
Group I. PERMANENT IDENTIFICATION SIGNS
A. Ground Signs
Ground signs shall not exceed four (4) feet above grade in vertical
height. Also, ground signs in excess of one hundred and fifty (150)
square feet in area (double face) shall not be erected in the first twenty
(20) feet, as measured from the property line, of any street side setback.
Said sign shall not exceed a maximum area of two hundred (200)
square feet.
B. Wall Signs
In no event shall an identification sign placed on a wall comprise more
than ten (10) percent of the area of the elevation upon which the sign is
located. Said signs shall be fixture signs. Signs painted directly on the
surface of the wall shall not be permitted.
The following exceptions apply to industrial zoning only. In the
instance of a multiple tenancy building, each individual
industry may have a wall sign over the entrance to identify the
tenant. Said sign shall give only the name of the company and
shall be limited to six (6) inch high letters. Said signs must be
oriented toward the parking or pedestrian area for that building
and shall not exceed a maximum area of five (5) square feet.
2. Fascia mounted identification signs limited to two (2) facades
for each building and structure.
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Group II.
No sign shall exceed an area equal to one and one-half (1 1/2)
square feet of sign for each one (1) foot of lineal frontage of the
building or store. However, no sign shall exceed two hundred
(200) square feet in area per face.
3. The following exceptions apply to Professional and Business
Offices and Retail and Service Center uses only. In the instance
of a multiple tenancy building, each individual ground floor
business may have signing in addition to permitted Building
Identification signs. (6)
Each individual ground floor business shall be limited to one
(1) sign per frontage not to exceed two (2) signs per business.
Said signs shall not be located above the ground floor fascia.
No sign shall exceed an area equal to ten (10) percent of the
business face upon which it is located. However, no sign shall
exceed thirty-five (35) square feet in area. (6).
In no event shall there be more than three (3) permitted ground
floor wall signs per building for Professional and Business
Offices. (6)
C. Pole Signs
One (1) identification pole sign per site will be allowed for the
following commercial businesses only:
a. Restaurant
b. Cocktail lounge and/or bar
C. Hotel
If a pole sign is utilized, it shall be in lieu of other identification signs
allowed by ordinance. Pole signs shall be limited to a maximum height
of twenty (20) feet and a maximum area of fifty (50) square feet per
face, double faced.
TEMPORARY IDENTIFICATION SIGNS
A. The following signs shall conform to all requirements for "Ground
Signs," Section I, Group I, Item A with General Sign standards above
unless specifically limited below.
1. Sale or Lease Sign
A sign, advertising the sale, lease or hire of the site shall be
permitted in addition to the other signs listed in this section.
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Said sign shall not exceed a maximum area of forty (40) square
feet.
2. Construction Sign
One (1) construction sign denoting the architects, engineers,
contractor, and other related subjects, shall be permitted upon
the commencement of construction. Said sign shall be
permitted until such time as a final inspection of the building(s)
designates said structure(s) fit for occupancy, or the tenant is
occupying said building(s), whichever occurs first. Said sign
shall not exceed a maximum area of forty (40) square feet.
3. Future Tenant Identification Sign
A sign listing the name of future tenant, responsible agent or
realtor, and identification of the industrial complex shall be
permitted. Said sign will be permitted until such time as a final
inspection of the building(s) designates said structure(s) fit for
occupancy or tenant is occupying said building(s), whichever
occurs first. Said sign shall not exceed a maximum area of forty
(40) square feet.
4. Directional Signs
Signs used to give directions to traffic or pedestrians or give
instructions as to special conditions shall not exceed a total of
six (6) square feet (double face) in area and shall be permitted
in addition to the other signs in this section.
5. Exceptions
Group II.A.1, 2 and 3: this information may be grouped on a
single sign when the aggregate surface area does exceed the
summation of the individual areas for each use. This area may
be distributed on all surfaces of the sign. This sign may not
exceed four (4) feet above grade.
Group III. SPECIAL PURPOSE SIGNS
A. The following permanent signs shall be permitted.
1. Permanent Directional Sign
Signs used to give directions to traffic or pedestrians as to
special conditions shall not exceed a total of six (6) square feet
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in area per face, double faced and shall be permitted in addition
to other signs permitted in these standards.
2. Community Directional and/or Identification Sign
Permanent directional and identification signs, not exceeding
two hundred fifty (250) square feet (per face), shall be
permitted but subject to use permit.
Section II. Sign Area
A. Industrial - Deleted. (33)
B. Industrial Support Facilities and — Deleted. (33) Business and
Professional Offices (33)
The following shall apply to Permitted Uses, Part I, Section III.
No sign shall exceed an area equal to one and one-half (1 1/2) square
feet of sign for each one (1) foot of lineal frontage of the building.
However, no sign shall exceed two hundred (200) square feet in area
per face.
C. Commercial
The following shall apply to Permitted Uses, Part II, Section II, Groups
II, III, V and VI.
Building identification shall be limited to a single entity. Building
identification signs shall have an area not to exceed one and one-half
(1 1/2) square feet of surface for each one (1) foot of lineal frontage of
building. However, no sign shall exceed two hundred (200) square feet
per face. Building identification signs shall be limited to two (2)
facades.
D. Business and Professional Offices
The following shall apply to Permitted Uses, Part II, Section II, Group
1.
Building identification shall be limited to a single entity. Building
identification signs shall have an area not to exceed one and one-half
(1 1/2) square feet of surface for each one (1) foot of lineal frontage of
building. However, no sign shall exceed two hundred (200) square feet
per face. Building identification signs shall be limited to two (2)
facades.
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Section III. Maintenance
All signs indicated in this section shall be maintained in a neat and orderly
fashion. Periodic inspection shall be made as directed by the Plannin
Community Development Director, City of Newport Beach or his designated
agent.
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PART V. GENERAL LANDSCAPE STANDARDS
Section I. General Statement (1)
Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be submitted to and
approved by the Planning Community Development Director and the
Director of Parks, Beaches and Recreation prior to issuance of a building
permit and installed prior to issuance of Certificate of Use and Occupancy.
Landscape in the public right-of-way shall be installed per plans and
specifications approved by the Parks, Beaches and Recreation Director and in
accordance with Parks, Beaches and Recreation Standards.
All landscaping in this section shall be maintained in a neat and orderly fashion.
Periodic inspections will be made as directed by the Plannin Community
Development Director and reports submitted with regard to the condition of
maintenance. If suggestions of improvement are made, and are in the realm of
the Maintenance Standards, the work shall be corrected within thirty (30) days
of receipt of the report.
A. Maintenance
All planting areas to be kept free of weeds and debris.
2. Lawn and ground covers to be kept trimmed and/or mowed
regularly.
3. All plantings to be kept in a healthy and growing condition.
Fertilization, cultivation and tree pruning are to be carried out
as part of regular maintenance.
4. Irrigation systems are to be kept in working condition.
Adjustment and cleaning of system should be a part of regular
maintenance.
5. Stakes, guys and ties on trees should be checked regularly for
correct function; ties to be adjusted to avoid creating abrasions
or girdling to the stems.
6. Damage to plantings created by vandalism, automobile or acts
of nature shall be corrected within thirty (30) days.
B. Front Yard Setback Area
General Statement
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Landscaping in these areas shall consist of an effective
combination of street trees, trees, ground cover and shrubbery.
All unpaved areas not utilized for parking shall be landscaped
in a similar manner. Full coverage of ground cover to be
expected in a minimum of three (3) months.
2. Special Landscaped Street
The entire area between the curb and the building setback line
shall be landscaped, except for any driveway in said area. Tree
size to be no less than 24 -inch box.
3. Other Streets
The entire area between the curb and a point ten (10) feet back
in the front property line shall be landscaped except for any
driveway in said area. Tree size to be no less than 24 inch box.
C. Side Yard and Rear Yard
General Statement
All unpaved areas not utilized for parking and storage, shall be
landscaped utilizing ground cover and/or shrub and tree
materials.
2. Undeveloped Areas
Undeveloped areas proposed for future expansion shall be
maintained in a weed free condition, but need not be
landscaped.
3. Screening
Areas used for parking shall be screened from view or have the
view interrupted by landscaping and/or fencing from access
streets, freeways and adjacent properties. Plant materials used
for screening purposes shall consist of lineal or grouped masses
of shrubs and/or trees of a sufficient size and height to meet this
requirement when initially installed.
4. Boundary Areas
Boundary landscaping is required on all interior property lines.
Said areas shall be placed along the entire length of these
property lines or be of sufficient length to accommodate the
number of required trees. Trees, equal in number to one (1)
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tree per twenty-five (25) lineal feet of each property line, shall
be planted in the above defined areas in addition to required
ground cover and shrub material. Minimum width of property
line landscaping shall be three (3) feet.
5. All landscaped areas shall be separated from adjacent vehicular
areas by a wall or curb, at least six (6) inches higher than the
adjacent vehicular area.
D. Parkin
Trees, equal in number to one (1) per each five (5) parking stalls, shall
be provided in the parking area. Planting area around building shall
not be included in parking area. Planting of trees may be in groups and
need not necessarily be in regular spacing.
E. Sloped Banks
All sloped banks greater than 5 to 1, or six (6) feet in vertical height
and adjacent to public right-of-way shall be stabilized, planted and
irrigated with full coverage in accordance with plans submitted and
approved by Pla+miii Community Development Director.
F. Loading Areas
Street side loading on other than special landscaped streets,
shall be allowed providing the loading dock is set back a
minimum of seventy (70) feet from the street right-of-way line
or one hundred ten (110) feet from the street center line,
whichever is greater. Said loading area must be screened from
view from adjacent streets.
G. Storage Areas
1. All outdoor storage shall be visually screened from access
streets, freeways and adjacent property. Said screening shall
form a complete opaque screen up to a point eight (8) feet in
vertical height but need not be opaque above that point.
2. Outdoor storage shall be meant to include all company owned
and operated motor vehicles, with the exception of passenger
vehicles.
3. No storage shall be permitted between a frontage street and the
building line.
H. Refuse Collection Areas
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1. All outdoor refuse collection areas shall be visually screened
from access streets, freeways and adjacent property. Said
screening shall form a complete opaque screen.
2. No refuse collection area shall be permitted between a frontage
street and the building line.
3. Minimum width for landscaping shall be three (3) feet around
refuse collection areas.
I. Telephone and Electrical Service
All "on-site" electrical lines (excluding lines in excess of 12 KV) and
telephone lines shall be placed underground. Transformer or terminal
equipment shall be visually screened from view from streets and
adjacent properties, or an approved method of display.
J. Pedestrian Access (1)
It is required of all developments in the commercial areas to submit a
plan of pedestrian access to the Community Development Department
prior to the issuance of building permits. Said plan will detail
consideration for pedestrian access to the subject property and to
adjacent properties, and shall be binding on subsequent development
of the property. The plan shall show all interior walkways and all
walkways in the public right-of-way, if such walkways are proposed or
necessary.
K. Landscape Plant Vocabulary (1)
It is the intent of this standard to provide flexibility and diversity in
plant selection yet maintain a limited variety to give greater unity to the
development. At the direction of the Director of Community
Development and the Director of Parks, Beaches and Recreation,
material lists and a street tree master plan shall be developed to aid in
this development.
All trees occurring in the ten (10) foot setback shall be no less than 24
inch box. The parking lot trees shall be no less than fifteen (15) gallon
size.
Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from one (1) gallon containers or
from root cuttings.
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Every effort should be made to avoid using plants with invasive and
shallow root systems with fruit that would stain paving or automobiles.
L. Earth berms shall be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. In cases where the
ratio of width and height of berm creates a bank greater than 3 to 1,
shrubs or walls can be used as shown in illustration (b) (c). Wheel stops
shall be so placed that damage to trees, irrigation units and shrubs is
avoided.
A Trees in parking lots should be limited in variety. Selection should be
repeated to give continuity. Regular spacing is not required and
irregular groupings may add interest. Care should be exercised to allow
plants to grow and maintain their ultimate size without restriction.
N. Storage areas are to be provided with an opaque screen up to a point of
eight (8) feet in vertical height. Combination of plantings can be used
to further soften hard materials and give continuity to planting.
3-57
PART VI. RESIDENTIAL OVERLAY (34)
Section I. Applicability and Purpose
A. Applicability. The Residential Overlay applies to an area within
Office Site B as shown on Exhibit F.
B. Purpose. The purpose of the overlay is to provide use and
development standards for the development multiple -family
residential development and its ancillary uses in Professional and
Business Office Site B.
Section IL Site Area
Site Area: 3.41 acres.
Section III. Density and Intensity
A. Density. The total maximum allowed number of residential units
is 260, exclusive of any density bonus units.
B. Commercial Intensity. The maximum allowed non-residential
floor area shall be as specified by corresponding base
commercial site regulations. There is no minimum amount of
commercial area that must be provided within the residential
overlay.
Section IV. Permitted Uses
A. Multi -unit residential development, subject to Site Development
Review pursuant to Newport Beach Municipal Code (NBMC)
Chapter 20.52 (Permit Review Procedures).
B. Any commercial use deemed to support residential or allowed
commercial uses pursuant to the applicable Koll Center Newport
commercial site regulations as determined by the Community
Development Director.
C. Any commercial or residential accessory uses pursuant to Title 20
of the Newport Beach Municipal Code.
Section V. Affordable Housing
A. An Affordable Housing Implementation Plan (AHIP) shall be
prepared and submitted with any site development review
application seeking approval of a residential development within
the PC District. The AHIP shall clearly demonstrate how the
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proposed residential development project will meet the
affordability requirements of this PCDP and any applicable
provisions of the State Density Bonus Law and the Newport Beach
Municipal Code. The AHIP shall specify eligible income
categories, the amount of the requested density bonus, any
concession/incentives requested, and any development standards
waivers or modifications sought and justifications for said
concessions/incentives or development standard relief.
B. Density bonuses/incentives or development standard concessions
shall be provided pursuant to NBMC Chapter 20.32 and
California Government Code Section 65915 et seq.
Section VI. Development Standards
A. Building Height
1. Maximum height of structures shall be 71 feet. No
building or any portion of any structure, architectural
feature or mechanical equipment shall exceed 71 feet as
measured from the established grade for the purpose of
measuring structure height pursuant to NBMC Section
20.30.050 (Grade Establishment).
2. Buildings and structures shall not penetrate Federal
Aviation Regulation (FAR) Part 77, Obstruction—
Imaginary Surfaces, for John Wayne Airport unless
approved by the Airport Land Use Commission (ALUC)
and determined not to be a hazard to air navigation by
the Federal Aviation Administration.
3. In compliance with FAR Part 77, applicant proposing
building or structure that penetrate the 100:1 Notification
Surface shall file a Form 7460-1, Notice of Proposed
Construction or Alteration with the Federal Aviation
Administration. A copy of the FAA application shall be
submitted to the ALUC and the applicant shall provide
the City with FAA and ALUC responses.
B. Building Setbacks
1. Above grade residential buildings shall be setback 10 feet
from property lines, EXCEPT WHERE ANY SUCH
BUILDING ABUTS THE PARK OVERLAY ZONE, IN
WHICH CASE NO SETBACK IS REQUIRED. Private
balconies may encroach up to four feet into the required
setback areas.
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2. Fully subterranean parking structures may be located in
any setback area.
C. Parking
1. Residential: 2 covered spaces per dwelling unit, plus 0.5
space per dwelling unit for guest parking. Parking for
density bonus projects shall be consistent with NBMC
Section 20.32.040 or Government Code Section 65915 et
seq.
2. All Other Uses: Refer to NBMC Chapter 20.40 (Off -Street
Parking).
3. Enclosed or Structured Parking Enclosed or structured
parking shall be screened by building elements or exterior
landscaping to soften their exterior appearance. Uniform
interior and exterior lighting for comfort, convenience and
security shall be provided. Light standards on the roof of
the parking structure shall not exceed 25 feet in height from
the driving and parking surface. Stairways within any free-
standing parking structure shall be designed to be
completely visible from either the interior or exterior or
both, unless mandated by the Building Code to be enclosed.
D. Circulation
1. The site shall be designed to provide and enhance
pedestrian and vehicular circulation within Professional
and Business Office Site B connecting the residential
development to existing office buildings and
improvements with the goal of creating a well-connected,
pedestrian -friendly environment.
2. A privately -maintained street ("internal street")
connecting Von Karman Avenue and Birch Street shall
be provided. The internal street shall be open to the public
at all times and shall provide convenient pedestrian and
vehicular access for all users of the site including
emergency vehicles.
3. At least three pedestrian connections, as generally shown
on Exhibit G, connecting residential development within
the residential overlay to the Uptown Newport Planned
Community shall be provided and maintained by the
property owner or its assignee. The pathway connections
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shall be improved with sidewalks and canopy trees and
may include enhanced pavement, seating areas or other
amenities to create a convenient, safe and pleasant
walkway subject to the review and approval of the
Community Development Director. All pedestrian
connections shall be improved and inspected by the
Community Development Department prior to issuance
of a Certificate of Occupancy for future residential
buildings.
E. Loading and Refuse Areas
1. Loading areas shall be provided in curb -side pullouts
along the spine street and/or within the residential
building footprints. Loading areas shall be designed to
accommodate moving, delivery and refuse collection
vehicles without blocking streets, driveways, parking
areas, or emergency access. Loading areas shall be clearly
marked and maintained.
2. Refuse collection areas shall be located within the parking
garage or within enclosed structures such that the interior
of these areas is concealed from view. Refuse collection or
service vehicles shall utilize the designated loading areas
provided by Section VI(E)(1).
F. Landscaping
1. Landscaping and irrigation systems shall be installed and
maintained in compliance with an approved landscape
and irrigation plan.
2. Landscaped areas shall be kept free of weeds, debris, and
other undesirable materials. Landscaping shall be
designed and maintained to not to interfere with traffic
safety visibility areas.
3. Landscape areas shall incorporate drought tolerant and
non-invasive plantings and shall conform with applicable
energy requirements as specified in Title 24 of the
California Code of Regulations.
G. Signs
1. Refer to Part IV General Signage Requirements.
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2. A comprehensive sign program may be prepared if an
applicant wishes to deviate from the sign standards
identified herein. Comprehensive sign programs shall be
submitted for review and consideration in accordance with
the provisions of the NBMC Chapter 20.42.
H. Outdoor Lighting
1. Outdoor lighting shall comply with NBMC Section
20.30.070.
2. Detailed lighting plans and a photometric analysis shall
be prepared by qualified professionals and shall be
submitted for review and approval by the Community
Development Director prior to the issuance of a building
permit. All lighting shall be installed and inspected by the
Community Development Department prior to issuance
of the final Certificate of Occupancy.
3. Security lighting shall be provided throughout
development within the overlay.
4. Lighting shall be properly maintained by the property
owner. Any damaged or non -operational fixtures or
lighting elements shall be replaced and made operational
within a reasonable amount of time.
I. Recreation Amenities
1. On-site recreational amenities accessible to all residents
and their guests shall be provided in the residential
building. A minimum of forty-four (44) square feet of
area per dwelling unit shall be provided consistent with
General Plan Land Use Policy LU 6.15.16. Recreational
amenities may include, but are not limited to the
following:
a. Private Balconies
b. Swimming pools and spas
c. Exercise facilities
d. Multi-purpose/club rooms
e. Passive gathering spaces (garden and roof terraces)
f. Dog washing room
g. Bike shop
h. Other amenities deemed appropriate by the
Community Development Director and property
owner.
3-62
J. Buffering and Screening
1. General Requirements. Mechanical equipment shall be
located so that the impact of noise on residential uses within
the development and on adjacent nonresidential uses is
minimized to the greatest extent feasible. Screening shall be
maintained in good condition at all times. Landscaping
used as screening shall provide a dense, year-round screen.
2. Roof -mounted Mechanical Equipment and
Appurtenances. Roof -mounted mechanical equipment and
appurtenances may not be visible in any direction (360
degrees) from a public right-of-way or adjacent property,
as may be seen from a point six feet above ground level.
Methods of screening may include mechanical roof wells
recessed below the roof line or by solid and permanent roof -
mounted screens. Screening must be compatible with the
architectural style, materials, and color of the building on
which the equipment is located. No setbacks are required
for rooftop mechanical equipment or appurtenances.
3. Ground -mounted Mechanical Equipment. Ground -
mounted mechanical equipment shall be screened from
public rights-of-way and/or adjacent property as seen from
a point six feet above ground level. Methods of screening
may include fences, walls, solid hedges, or other similar
methods. Chain link fencing shall not be permitted.
K. John Wayne Airport Proximity
1. Interior Noise Attenuation. The interior ambient noise level
of all new residential dwelling units shall meet applicable
standards of the City's Community Noise Ordinance
(NBMC Section 10.26.030). An acoustical analysis report,
prepared by an acoustical engineer, shall be submitted
describing the acoustical design features of the structure
that will satisfy and meet the applicable interior noise
standard. The residential units shall be constructed, and
noise attenuated in compliance with the report.
2. Notification to Residents. A written disclosure statement
shall be prepared prior to rental of every residential unit.
The disclosure statement shall indicate that the occupants
will be living in an urban environment in proximity to
John Wane Airport and that noise, odor, air quality,
outdoor activity levels, etc. may be different or higher
3-63
than typical suburban residential areas. The disclosure
statement shall include a written description of the
potential impacts to residents of both the existing
environment and potential impacts based upon the
allowed uses in the vicinity. Each and every renter shall
sign the statement acknowledging that they have received,
read, and understand the disclosure statement. The
project applicant shall covenant to include within all
contracts conveying any interest in a residential unit
within the residential building (1) the disclosure and
notification requirement as stated herein; (2) an
acknowledgment by all lessees that the property is located
within an urban type of environment and that the noise,
odor, air quality, outdoor activity levels, etc. may be
different or higher than typical suburban residential
areas; and (3) acknowledgment that the covenant is
binding for the benefit and in favor of the City of Newport
Beach.
3-64
PART VII. PUBLIC PARK OVERLAY (34)
Section I. Applicability and Purpose
A. Applicability. The Public Park Overlay applies to an area within
Professional and Business Office Site B as shown on Exhibit F.
B. Purpose. The purpose of the overlay is to provide for the orderly
development, maintenance and use of a public park within
Professional and Business Office Site B if a multiple -family
residential project is developed within the Residential Overlay
pursuant to Part VI.
Section II. Site Area
A. A minimum of 1.10 acres shall be dedicated in fee to the City of
Newport Beach if a multiple -family residential project is
developed within the Residential Mixed -Use Overlay pursuant to
Part VII.
B. The area excludes driveways and parking areas.
Section III. Allowed Uses and Activities
A. Any uses and activities allowed and regulated by NBMC
Chapter 11.04.
B. Any activities permitted pursuant to a Special Event Permit
pursuant to NBMC Chapter 11.03.
Section IV. Park Design and Amenities
A. The public park may include the following amenities:
1. Dog park
2. Seating & social gathering spaces with outdoor furniture
3. Shade structures
4. Multi-purpose lawn
5. Landscaped open spaces including shade trees provided
they do not interfere with Fire Department Access
6. Bocce court or similar activity
7. Other active or passive recreational amenities as
determined appropriate and necessary by the Parks
Beaches and Recreation Commission or Recreation and
Senior Services Director.
3-65
C. The design, amenities and regulations applicable to the public
park shall be subject the review of the Parks Beaches and
Recreation Commission and the approval of City Council.
D. Landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing,
trimming and maintenance. Irrigation systems shall be
routinely inspected and maintained. The park shall be kept free
of weeds, debris and other undesirable materials.
E. Notice Posted. The public park shall be posted with notification
signs to alert users of the proximity to John Wayne Airport and
the presence of operating aircraft.
F. ONLY LANDSCAPE AND HARDSCAPE (I.E., NO
PERMANENT IMPROVEMENTS OR ABOVE GROUND
STRUCTURES) SHALL BE LOCATED WITHIN 15 FEET OF
THE PROPERTY LINE WHICH ABUTS THE ADJACENT
RESIDENTIAL PARCEL.
3-66
PART VU VII. FOOTNOTES
(1) Planned Community text revision incorporating Planning Commission revisions and
conditions of approval.
(2) Planned Community Text revision incorporating City Council conditions of approval
as adopted by the city of Newport Beach. (Amendment No. 313, adopted August 14,
1972).
(3) Planned Community Text revision July 6, 1973 incorporating the addition of footprint
lots and the addition of two (2) restaurant sites within Office Site "A". (Amendment
No. 381, adopted August 2, 1973).
(4) Planned Community Text revision (Amendment No. 420, adopted February 7, 1974)
incorporating the following changes:
a. Revised Planned Community Text site acreage figures to conform to the
recorded tract map.
b. Revised Exhibit "A" (land use map) to conform to recorded tract map.
C. Changed the size of Office Site "E" and created one parcel of land comprised
of Restaurant Site No. 3, Service Station Site No. 3 and the residual of Office
Site "C". This new site is designated as Office Site "F".
d. Revised Retail and Service Site No. 2 from a specific location to a floating
location within Office Site "A".
e. Added mechanical car wash subject to a use permit as a permitted use on the
service station sites.
£ Added private clubs or athletic clubs as a permitted use on Office Site "B".
g. Made provisions for three (3) additional restaurant sites, two sites within Office
Site "B: and one site within Office Site "F".
(5) Planned Community Text revision (Amendment No. 430, adopted June 10, 1974)
incorporating the following changes:
a. Eliminated Service Station Site No. 2.
b. Added health or athletic club as a permitted use within the Retail and Service
Center sites.
C. Added Professional and Business Office as a permitted use within the Retail
and Service Center sites.
d. Added a minimum twenty-five (25) percent landscape requirements or site plan
approval by the Planning commission to the development requirements of
retail Site No. 1.
(6) Planned Community Text revision (Amendment No. 444, adopted May 15, 1975)
incorporating the following changes:
a. Clarified the setback requirements for buildings within footprint lots.
b. Clarified Professional and Business Office permitted uses.
3-67
C. Added signing provision for ground floor businesses in multi -tenant building.
(7) Planned Community Text revision (Amendment No. 451, adopted September 8, 1975)
incorporating the following changes:
a. Added the requirement that all restaurants shall be subject to the securing of a
use permit with the exception of certain restaurant uses within Retail and
Service Centers.
(8) Planned Community Text revision (Amendment No. 466, adopted June 28, 1976)
incorporating the following changes:
a. Changed the size of Light Industrial Site No. 2.
b. Created Professional and Business Office Site "G".
C. Made provisions for two (2) restaurant sites within Office Site "G".
d. Reduced the allowable building area of Office Site "D".
e. Amended the construction timetable for traffic signals.
(9) Planned community Text revision (Amendment No. 475, adopted January 10, 1977)
incorporating the following changes:
a. Established guidelines for an exception to the minimum site area.
(10) Planned Community Text revision (Amendment No. 505, adopted July 11, 1978)
incorporating the following changes:
a. Increased the site area of Professional and Business Office Site
«C„
b. Increased the allowable building area of Professional and Business Office Site
«C„
(11) Planned Community Text revision (Amendment No. 508, adopted August 28, 1978)
incorporating the following changes:
a. Made provision for consideration of additional left turn ingress from
MacArthur Boulevard.
b. Eliminated Service Station Site No. 1 and added the land area to Professional
and Business Office Site `B".
C. Reviewed the parking requirement for office buildings within Professional and
Business Office sites.
(12) Planned Community Text revision (Amendment No. 514, adopted October 19, 1978)
incorporating the following changes:
a. Established existing and additional allowable development as of October 1,
1978.
3-68
b. Established the requirement and criteria for phasing plan approval of
development beyond thirty (30) percent of the additional
(13) Planned Community text revision incorporating the transfer to allowable building area
from Professional and business Office Site "D: to Professional and Business Office
Site "B". (Amendment No. 550, adopted November 10, 1980).
(14) Planned Community Text revision for Retail and Service Site No. 1, which allocates
existing and permitted development. (Amendment No. 558 adopted March 23, 1981).
(15) Planned community Text revision increasing the allowable building area in Site C
(MacArthur Court). (Amendment No. 593, adopted October 24, 1983).
(16) Planned Community Text revision incorporating the transfer of allowable office,
restaurant and retail building area from Professional and Business Office Site "A" to
Professional and Business Office Site `B". (Amendment No. 606, adopted May 14,
1984).
(17) Planned Community Text revision to allow up to two restaurants with a total floor area
not to exceed 3,250 square feet within "Office Site U. (Amendment No. 626, adopted
December 9, 1985).
(18) Planned Community Text revision deleting restaurant Site 1 and substituting a private
club with a total floor area not to exceed 30,000 square feet within Office Site "A".
(Amendment No. 635, adopted July 14, 1986).
(19) Planned Community Text revision to allow auto detailing as a permitted use.
(Amendment No. 647, adopted March 23, 1987).
(20) Planned Community Text revision adding support commercial uses to the permitted
uses under Professional and Business Office permitted uses. (Amendment No. 649,
adopted July 27, 1987).
(21) Planned Community text revision combining Light Industrial Sites 1 and 2 into Light
Industrial Site 1, increasing the allowable building area for the combined site by 39,000
square feet, and increasing the permitted building height from 35 feet to 55 feet.
(Amendment No. 677, adopted June 12, 1989).
(22) Planned Community Text revision increasing the permitted building height in Light
Industrial Site 1 from 55 feet to 75 feet. (Amendment No. 799, adopted April 25, 1994).
(23) Title 20 amendment to reinstate notice and appeal procedures for specialty food service
applications. (Amendment No. 829, adopted September 11, 1995, Ordinance 95-39)
(24) Planned Community Text revision to increase the permitted height within "Light
Industrial Site 1" from 75 feet to 90 feet for a single vertical column. (Amendment
No. 867, adopted February 23, 1998, Ordinance 98-3).
3-69
(25) Planned Community Text revisions (Amendment No. 876, adopted August 10, 1998,
Ordinance 98-20) to allow the following changes:
a. Additional restaurant uses in Office Site "G" (the current limited of two
restaurants will be increased to three restaurant sites), and;
b. Permit eating and drinking establishments throughout the Koll Center Planned
Community as per Title 20 of the Municipal Code.
(26) Planned Community Text revisions (Amendment No. 890, adopted 01/11/2000,
Ordinance 99-28) to allow the following changes:
a. Increase the permitted level of development for Office Site A by 15,000 square
feet (4110 MacArthur Boulevard) and;
b. Establish the permitted level of development for Koll Center Newport Office
Site A at 418,346 gross square feet.
(27) Planned Community Text revisions (Amendment No. 897, adopted January 25, 2000,
Ordinance 2000-3) to allow the following changes:
a. Designate Parcel 1 of Koll Center Newport Retail and Service Site 1 for Hotel
Use, and;
b. Establish the permitted Gross Floor Area for Koll Center Newport Retail and
Service Site 1 at 120,000 square feet, and
C. Establish the permitted height for the site at 60 feet.
(28) Planned Community Text revisions (Ordinance No. 2005-014, adopted August 9,
2005) to allow the following changes:
a. Office expansion of 1,367 net square feet in the Koll Center Office Site B at
4200 Von Karman Avenue.
(29) Planned Community Text revisions (Ordinance No. 2006-19), adopted July 25, 2006
to allow the following changes:
a. To increase the development allocation for Professional and Business Offices
of Site A by 2,129 net square feet. (PA2005-293)
(30) Planned Community Text revisions (Ordinance No. 2006-21), adopted October 24,
2006 to allow the following changes:
a. To allow the transfer of 24,016 gross square feet of unused retail, restaurant and
office square footage from Office Site B to Office Site A resulting in the
elimination of the entire Retail Site #1, an undeveloped portion of Restaurant Site
#2 and the entire Restaurant Site #5.
3-70
(31) Planned Community Text revisions (Ordinance No. 2011-3), adopted January 25,
2011 to allow the following changes:
a. To allow building area for Professional & Business Site F to increase by 18, 346 net
square feet.
(32) Planned Community Text revisions (Ordinance No. 2011-8), adopted March 8, 2011
to allow the following changes:
a. To allow an increase to the Allowable Building Area for Professional &
Business Site B by 9,917 net square feet
(33) Planned Community Text revisions (Ordinance No. 2013-5), adopted March 12, 2013
to allow the following changes:
a. To delete Light Industrial Sites 1 and 2 from PC -15.
b. To delete Part I. Industrial uses in its entirety as an allowed use.
c. To revise the total acreage within PC -15 to 154.0 acres to reflect the deletion of
Light Industrial Sites 1 and 2 from PC -15.
d. To update the Composite exhibit and Exhibits A through E to reflect the deletion
of Light Industrial Sites 1 and 2 from PC -15.
Insert exhibits:
Composite .............................................
For Information Only (33)
Exhibit A ..............................................
Land Use (33)
Exhibit B ...............................................
Grading and Roads (3 3)
Exhibit C ...............................................
Storm Drain (33)
Exhibit D ..............................................
Water & Sewer (33)
Exhibit E ...............................................
Boundary and Topography (33)
(34) Planned Community Text revisions (Ordinance No._), adopted to affect the
following changes:
a. Clarify that the Newport Beach Municipal Code applies to property within
the planned community.
b. Update title from Planning Director to Community Development Director
throughout document.
c. Made changes to Professional & Business Offices for Site B creating the
Residential Overlay allowing 260 (units exclusive of density bonus units) and
the Park Overlay allowing the one -acre public park.
d. These improvements impacted the following:
i. Increased parking for Professional and Business Office Site B
e. Made changes to Contents and Overall Document to allow the following:
i. New Residential Overlay as Part VI
ii. New Park Overlay as Part VII.
iii. Footnotes moved from Part VI to Part VIII
3-71
iv. Exhibits moved from Part VII to Part VIIII
Insert exhibits:
Exhibit F - Overlay Map — Office Site B (34)
Exhibit G - Pedestrian Connection Diagram (34)
3-72
PART VIII. EXHIBITS
Composite
For Information Only (33)
Exhibit A
Land Use (33)
Exhibit B
Grading and Roads (33)
Exhibit C
Storm Drain (33)
Exhibit D
Water & Sewer (33)
Exhibit E
Boundary and Topography (33)
Exhibit F
Overlay Map — Office Site B (34)
Exhibit G
Pedestrian Connection Diagram (34)
3-73
3-74
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3-79
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PROPOSED PEDESTRIAN CONNECTION
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I
ATTACHMENT B
ORDINANCE NO. 2021-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING
DEVELOPMENT AGREEMENT NO. DA2020-002 FOR THE
RESIDENCES AT 4400 VON KARMAN PROJECT LOCATED
AT 4400 VON KARMAN AVENUE (PA2020-061)
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 TPG (KCN) Acquisition, LLC ("Applicant")
with respect to property located at 4400 Von Karman Avenue, generally bounded by Birch
Street and Von Karman Avenue, and legally described in Exhibit "A" attached hereto and
incorporated herein ("Property");
WHEREAS, the Applicant is requesting an approval for the development of 312
apartment units atop an 825 -space parking structure, a 284 -space free-standing parking
structure, one -acre public park, and reconfiguration of existing surface parking lots serving
existing office buildings ("Project") which require the following approvals from the City:
• Planned Community Development Plan Amendment (PD2020-001) ("PCDP
Amendment") - An amendment to Planned Community Development Plan #15
(Koll Center Newport Planned Community) for the creation of a residential overlay
zone and a park overlay zone to allow for residential uses and a public park within
the Koll Center Newport Professional and Business Office Site B ("Office Site B");
• Major Site Development Review (SD2020-006) ("SD") - A site development review
in accordance with the amended Koll Center Planned Community and Section
20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code
("NBMC") for the construction of the Project;
• Traffic Study (TS2020-001) ("TS") - A traffic study pursuant to Chapter 15.40
(Traffic Phasing Ordinance) of the NBMC, which is required for projects that
generate in excess of 300 new average daily trips;
• Lot Line Adjustment (LA2020-002) ("LA") - To adjust the lot lines of two (2)
underlying parcels that comprise the Project;
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• Affordable Housing Implementation Plan (AH -2020-003) ("AHIP") - A program
specifying how the Project meets the City's affordable housing requirements, in
exchange for a request of 20 percent increase in density and meets the
requirements for a development concession related to the mix of affordable units,
pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code
Section 65915 et seq.;
• Development Agreement (DA2020-002) ("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 No. ER2020-003 to the 2006 General Plan Update Environmental
Impact Report and the 2008-2014 City of Newport Beach Housing Element Update
Initial Study/Negative Declaration ("Addendum") — Pursuant to the California
Environmental Quality Act ("CEQA"), the Addendum will address reasonably
foreseeable environmental impacts resulting from the Project;
WHEREAS, the Property is designated MU -H2 (Mixed -Use Horizontal 2) by the
City of Newport Beach General Plan ("General Plan") Land Use Element and located
within the Airport Business Area, and the Airport Business Area Integrated Conceptual
Development Plan ("ICDP"). The ICDP allocates a maximum of 260 residential units to
be developed on the Property;
WHEREAS, the Property is currently located within the PC -15 (Koll Center
Newport Planned Community Office Site B) Zoning District;
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 public hearing was held by the Planning Commission on
November 5, 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.
PC2020-040 by a unanimous vote of (4 ayes, 0 nays) recommending approval of the
Project; and land use entitlements referenced above, to the City Council;
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Ordinance No. 2021-2
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WHEREAS, due to the proposed amendment to 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 John Wayne
Airport;
WHEREAS, on November 19, 2020, the ALUC found the Project to be consistent
with the AELUP for John Wayne Airport;
WHEREAS, telephonic public meetings were held by the Parks, Beaches and
Recreation ("PB&R") Commission on December 1, 2020 and January 25, 2021, in the
City 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 the Ralph M. Brown Act and by providing written notice to property
owners within a 300 foot radius of the Project;
WHEREAS, the PB&R Commission determined that the proposed amenities to be
provided within the proposed public park for the Project are practical, useable and feasible
for the general public, and provided additional recommendations to the City Council;
WHEREAS, at the January 12, 2021 City Council meeting, the City Council
continued the public hearing to January 26, 2021. A notice of time, place and purpose of
the public hearing was given in accordance with the Ralph M. Brown Act,
WHEREAS, the continued public hearing was held telephonically by the City
Council on January 26, 2021, 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 were given in accordance with California Public Utilities
Code Section 21676(b), the Ralph M. Brown Act, and Chapters 15.40 (Traffic Phasing
Ordinance), 15.45 (Development Agreements), 19.76 (Lot Line Adjustments), 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
this public hearing;
WHEREAS, Development Agreement No. DA2020-002 is required by Chapter
15.45 (Development Agreements) of the NBMC in that the Project would add more than
50 dwelling units within Statistical Area L4 (Airport Area);
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Ordinance No. 2021-2
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WHEREAS, Section 15.45.040 (Contents) of the NBMC requires inclusion of the
permitted uses of the property, density or intensity of uses, maximum height and size of
proposed buildings and any reservation or dedication of land required into a development
agreement;
WHEREAS, Section 15.45.040 (Contents) of the NBMC permits inclusion of
additional provisions into the development agreement, including but not limited to,
conditions, terms, restrictions and requirements for subsequent discretionary actions as
well as specifying when construction commence;
WHEREAS, Development Agreement No. DA2020-002 satisfies the mandatory
elements of Section 15.45.040 (Contents) of the NBMC in providing for the development
of 260 dwelling units, exclusive of any permitted density bonus and specifies the provision
for the dedication of parkland;
WHEREAS, Development Agreement No. DA2020-002 further satisfies other
mandatory elements of Section 15.45.040 (Contents) of the NBMC in the definition of
Development Plan which incorporates all land use approvals required for the Project;
WHEREAS, Development Agreement No. DA2020-002 also provides other non-
mandatory elements, including a term of 10 years for completion of the Project along with
providing public benefits that are appropriate to support conveying the vested
development rights consistent with the City of Newport Beach General Plan, NBMC, and
Government Code Sections 65864 et seq.; and
WHEREAS, the public benefits include the payment of a $500,000 public safety
fee to provide new emergency response services or Fire Department equipment to serve
the Airport Area and $7,500,000 public benefit fee to be used by the City Council as
specified in Development Agreement.
NOW THEREFORE, the City Council of the City of Newport Beach ordains
as follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and has 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: The City Council hereby approves Development Agreement No.
DA2020-002, which is attached hereto and incorporated herein by reference as Exhibit
«B„
Ordinance No. 2021-2
Page 5of6
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: Environmental Impact Report Addendum No. ER2020-003 was
prepared for the Project in compliance with California Public Resources Code Section
21000 of seq. ("CEQA"), CEQA Guidelines as set forth in California Code of Regulations,
Title 14, Division 6, Chapter 3, and City Council Policy K-3. 4n the basis of the entire
environmental record, the Project will not result in any new significant impacts that were
not previously analyzed in the PEIR and Addenda Nos. 1, 2, and 3 to the 2006 General
Plan Update (SCH No. 2006011119) along with the 2008-2014 Housing Element Update
Initial Study/Negative Declaration. The potential impacts associated with this Project
would either be the same or less than those described in the PEIR and Addenda Nos. 1,
2, and 3 to the 2006 General Plan Update along with the 2008-2014 Housing Element
Update Initial Study/Negative Declaration. 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 nor has any new
information regarding the potential for new or more severe significant environmental
impacts been identified. As a result of the aforementioned, the City Council adopted
Resolution No. 2021-2 in accordance with Section 15164 of the CEQA Guidelines
approving Addendum No. ER2020-003 for the Project. Resolution No. 2021-2, including
all findings contained therein, is hereby incorporated by reference.
Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
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Ordinance No. 2021-2
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This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 26th day of January, 2021, and adopted on the 9th day of
February, 2021, by the following vote, to -wit:
AYES-
YES:
NAYS-
NAYS:
ABSENT:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY A ORNEY'S OFFICE
AARON C. HARP, CITY ATTdRNEY
Attachments: Exhibit A - Legal Description
Exhibit B - Development Agreement
W.
Exhibit "A"
Legal Description
PARCEL 1:
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL
2 OF PARCEL MAP NO. 91-155 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 266,
PAGES 16 THROUGH 22 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL
MAP NO. 91-155; THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH
49021'34" WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID NORTHEASTERLY LINE SOUTH 41005'02" WEST 54.87 FEET;
THENCE SOUTH 04016'29" EAST 257.91 FEET; THENCE SOUTH 85043'31" WEST
685.70 FEET TO A LINE PARALLEL WITH AND 1.00 FEET EASTERLY OF THE
EASTERLY RIGHT-OF-WAY LINE OF VON KARMAN AVENUE AS SHOWN ON SAID
PARCEL MAP NO 91-155; THENCE ALONG SAID PARALLEL LINE NORTH 06059'31"
WEST 296.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 549.00 FEET; THENCE ALONG SAID
CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL ANGLE OF 09029'40"
TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF
THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING
A BEARING AND DISTANCE OF "NORTH 49021'34" WEST 204.00 FEET"; THENCE
ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE
AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS
NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES:
SOUTH 49021'34" EAST 274.72 FEET; THENCE NORTH 40038'26" EAST 156.94 FEET
TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF
SAID PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF "NORTH
49021'34" EAST 204.44 FEET"; THENCE ALONG SAID SOUTHWESTERLY LINE AND
THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY
PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49021'34" EAST
166.34 FEET; THENCE NORTH 40038'26" EAST 284.73 FEET TO SAID
NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHEASTERLY
LINE SOUTH 49°21'34' EAST 157.28 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 4.51 ACRES, MORE OF LESS.
PARCEL 2:
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL
2 OF PARCEL MAP NO.91-155AS SHOWN ON A MAP THEREOF, FILED IN BOOK 266,
PAGES 16 THROUGH 22 OF PARCEL MAPS, TOGETHER WITH PARCEL 1 OF
PARCEL MAP NO. 82-713 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 181,
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PAGES 13 THROUGH 19 OF PARCEL MAPS, BOTH IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THAT CERTAIN PARCEL DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL
MAP NO. 91-155; THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH
49021'34" WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID NORTHEASTERLY LINE SOUTH 41005'02" WEST 54.87 FEET;
THENCE SOUTH 04°16'29" EAST 257.91 FEET; THENCE SOUTH 85°43'31" WEST
685.70 FEET TO A LINE PARALLEL WITH AND 1.00 FEET EASTERLY OF THE
EASTERLY RIGHT-OF-WAY LINE OF VON KARMAN AVENUE AS SHOWN ON SAID
PARCEL MAP NO 91-155; THENCE ALONG SAID PARALLEL LINE NORTH 06°59'31"
WEST 296.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 549.00 FEET; THENCE ALONG SAID
CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL ANGLE OF 09029'40"
TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF
THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING
A BEARING AND DISTANCE OF "NORTH 49021'34" WEST 204.00 FEET"; THENCE
ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE
AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS
NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES:
SOUTH 49021'34" EAST 274.72 FEET; THENCE NORTH 40°38'26" EAST 156.94 FEET
TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF
SAID PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF "NORTH
49021'34" EAST 204.44 FEET"; THENCE ALONG SAID SOUTHWESTERLY LINE AND
THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY
PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49021'34" EAST
166.34 FEET; THENCE NORTH 40°38'26" EAST 284.73 FEET TO SAID
NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHEASTERLY
LINE SOUTH 49°21'34' EAST 157.28 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 20.09 ACRES, MORE OF LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF
RECORD.
Exhibit "B"
Development Agreement No. DA2020-002
Document attached.
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Citv Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for
the benefit of the City of Newport Beach and is
exempt from the payment of a recording fee
pursuant to Government Code §§ 6103 and 27383.
DEVELOPMENT AGREEMENT
between
CITY OF NEWPORT BEACH
and
TPG (KCN) Acquisition, LLC
concerning
THE RESIDENCES AT 4400 VON KARMAN
4400 Von Karman
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DEVELOPMENT AGREEMENT
(Pursuant to Newport Beach Municipal Code Chapter 15.45 and California Government
Code Sections 65864-65869.5)
This DEVELOPMENT AGREEMENT ("Agreement" or "Development Agreement") is
dated for reference purposes as of the _ day of _, 2020 ("Agreement Date"), and is being
entered into by and between the CITY OF NEWPORT BEACH ("City") a California municipal
corporation and charter city, organized and existing under and by virtue of its Charter and the
Constitution, and the laws of the State of California, and TPG (KCN) Acquisition, LLC, a
California limited liability company ("Developer"). City and Developer are sometimes
collectively referred to in this Agreement as the "Parties" and individually as a "Party."
RECITALS
A. Developer is in the process of the purchasing that certain real property located in
the City of Newport Beach, County of Orange, State of California commonly referred to as 4400
Von Karman Avenue (APNs #445-131-04, 29, and 30) and generally located on the southwest
side of Birch Street and southeast side of Von Karman Avenue ("Proper"). As of the
Agreement Date, the Property is owned by SLF-KC Towers, LLC, a Delaware limited liability
co_Moration, but Developer has legal or equitable interest in the Property and therefore is
authorized to enter into this Agreement pursuant to Government Code Section 65865 and
Newport Beach Municipal Code Chapter 15.45 (Development Agreements). The Property is
more particularly described in the legal description attached hereto as Exhibit A and is depicted
on the site map attached hereto as Exhibit B.
B. To encourage investment in, and commitment to, comprehensive planning and
public facilities financing, strengthen the public planning process and encourage private
implementation of the local general plan, provide certainty in the approval of projects to avoid
waste of time and resources, and reduce the economic costs of development by providing
assurance to property owners that they may proceed with projects consistent with existing land
use policies, rules, and regulations, the California Legislature adopted California Government
Code Sections 65864-65869.5 ("Development Agreement Statute") authorizing cities and
counties to enter into development agreements with persons or entities having a legal or
equitable interest in real property located within their jurisdiction.
C. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled
"Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding
Development Agreements" ("Development Agreement Ordinance"). This Agreement is
consistent with the Development Agreement Ordinance.
D. As detailed in Section 4 of this Agreement and the Development Plans (as defined
herein), and in consideration of the significant benefits outlined in this Agreement, Developer
has agreed to pay a total Public Benefit Fee (as defined herein) in the sum of Seven Million Five
Hundred Thousand Dollars and 00/100 ($7,500,000.00). Developer shall pay the Public Benefit
Fee to the City as provided in Article 3 of this Agreement.
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E. This Agreement is consistent with the City of Newport Beach General Plan,
including, without limitation, the Property's "MU -1-12" (Mixed -Use Horizontal 2) General Plan
designation which provides for a horizontal intermixing of uses that may include regional
commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel rooms,
and ancillary neighborhood commercial uses.
F. In recognition of the significant public benefits that this Agreement provides, the
City Council has found that this Agreement: (i) is consistent with the City of Newport Beach
General Plan as of the date of this Agreement; (ii) is in the best interests of the health, safety, and
general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and
constitutes a present exercise of, the City's police power; (iv) is consistent and has been
approved consistent with the Project's Addendum to the Environmental Impact Report (SCH#
200601 1 1 1 19) ("PEIR") that was certified by the City Council on July 25, 2006 for the 2006
General Plan Update and the Initial Study/Negative Declaration prepared in accordance with
CEQA for the Newport Beach Housing Element Update (General Plan Amendment No.
GP2008-003) adopted by the City Council on November 22, 2011 (the PEIR and Initial
Study/Negative Declaration are collectively referred to herein as the "PEIR"), all of which
analyze the environmental effects of the proposed development of the Project on the Property,
and all of the findings, conditions of approval and mitigation measures related thereto; and (v) is
consistent and has been approved consistent with provisions of California Government Code
Section 65867 and City of Newport Beach Municipal Code Chapter 15.45 (Development
Agreements).
G. On November 5, 2020, City's Planning Commission held a public hearing on this
Agreement, made findings and determinations with respect to this Agreement, and recommended
to the City Council that the City Council approve this Agreement.
H. On January 12, 2020, the City Council also held a public hearing on this
Agreement and considered the Planning Commission's recommendations and the testimony and
information submitted by City staff, Developer, and members of the public. On
January 26, 2020, consistent with applicable provisions of the Development Agreement Statute
and Development Agreement Ordinance, the City Council adopted Ordinance No. 2020 -
("Adopting Ordinance"), finding this Agreement consistent with the City of Newport Beach
General Plan and approving and adopting this Agreement.
AGREEMENT
NOW, THEREFORE, City and Developer agree as follows:
1. Definitions.
In addition to any terms defined elsewhere in this Agreement, the following terms when
used in this Agreement shall have the meanings set forth below:
"Action" shall have the meaning ascribed in Section 8.10 of this Agreement.
"Adoptine Ordinance" shall mean City Council Ordinance No. 2020-_ approving and
adopting this Agreement.
OA
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"Agreement" shall mean this Development Agreement, as the same may be amended
from time to time.
"Agreement Date" shall mean the date first written above, which date is the date the City
Council adopted the Adopting Ordinance.
"CEOA" shall mean the California Environmental Quality Act (California Public
Resources Code sections 21000-21177) and the implementing regulations promulgated
thereunder by the Secretary for Resources (California Code of Regulations, Title 14, Division 6,
Chapter 3, Section 15000 et seq.), as the same may be amended from time to time.
"City" shall mean the City of Newport Beach, a California municipal corporation and
charter city, and any successor or assignee of the rights and obligations of the City of Newport
Beach hereunder.
"City Council" shall mean the governing body of City.
"City's Affiliated Parties" shall have the meaning ascribed in Section 10.1 of this
Agreement.
"Claim" shall have the meaning ascribed in Section 10.1 of this Agreement.
"CPI Index" shall mean the Consumer Price Index published from time to time by the
United States Department of Labor for all urban consumers (all items) for the smallest
geographic area that includes the City or, if such index is discontinued, such other similar index
as may be publicly available that is selected by City in its reasonable discretion.
"Cure Period" shall have the meaning ascribed in Section 8.1 of this Agreement.
"Default" shall have the meaning ascribed to that term in Section 8.1 of this Agreement.
"Develop" or "Development" shall mean to improve or the improvement of the Property
for the purpose of completing the structures, improvements, and facilities comprising the Project,
including but not limited to: grading; the construction of infrastructure and public facilities
related to the Project, whether located within or outside the Property; the construction of all of
the private improvements and facilities comprising the Project; the preservation or restoration, as
required of natural and man-made or altered open space areas; and the installation of
landscaping. The terms "Develop" and "Development," as used herein, do not include the
maintenance, repair, reconstruction, replacement, or redevelopment of any structure,
improvement, or facility after the initial construction and completion thereof.
"Developer" shall mean TPG (KCN) Acquisition, LLC and any successor or assignee to
all or any portion of its right, title, and/or interest in and to ownership of all or a portion of the
Property and/or the Project.
"Development Agreement Ordinance" shall mean Chapter 15.45 of the City of Newport
Beach Municipal Code.
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"Development Agreement Statute" shall mean California Government Code Sections
65864-65869.5, inclusive.
"Development Exactions" shall mean any requirement of City in connection with or
pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the
construction or installation of any public improvement or facility, or the payment of any fee or
charge in order to lessen, offset, mitigate, or compensate for the impacts of Development of the
Project on the environment or other public interests.
"Development Plan" shall mean all of the land use entitlements, approvals and permits
approved by the City for the Project on or before the Agreement Date, as the same may be
amended from time to time consistent with this Agreement. Such land use entitlements,
approvals and permits include, without limitation, the following: (1) the Development rights as
provided under this Agreement; (2) Planned Community Development Plan Amendment No. # 15
PD2020-001 to amend the Koll Center Newport Planned Community Development Plan
("PCDP") to create a residential overlay zone to allow for the 312 apartment units and a public
park; (3) Major Site Development Review No. SD2020-006, a site development review in
accordance with the amended Koll Center Newport Planned Community and Section 20.52.80
(Site Development Reviews) of the Newport Beach Municipal Code for the construction of the
Project; (4) Lot Line Adjustment No. LA2020-002 to reconfigure the lot lines of two underlying
parcels; (5) Affordable Housing Implementation Plan No. AH2020-003 demonstrating how the
Project would meet the City's affordable housing requirements; (6) Traffic Study No. TS2020-
001 in accordance with Chapter 15.40 (Traffic Phasing Ordinance) of the Newport Beach
Municipal Code; (7) Development Agreement No. DA2020-002 in accordance with Chapter
15.45 (Development Agreements) of the Newport Beach Municipal Code which would provide
vested rights to develop the PCDP as amended, while also providing public benefits should the
Project be approved; (8) a density bonus in accordance with the California Government Code
Section 65915 et. seq. (9) the Addendum the 2006 General Plan Update EIR ER2020-003
(SCH#2006011119); and (10) all conditions of approval and all mitigation measure approved for
the Project on or before the Agreement Date.
"Development Regulations" shall mean the following regulations as they are in effect as
of the Effective Date and to the extent they govern or regulate the development of the Property,
but excluding any amendment or modification to the Development Regulations adopted,
approved, or imposed after the Effective Date that affects the Development of the Property,
unless such amendment or modification is expressly authorized by this Agreement or is agreed to
by Developer in writing: the General Plan; the Development Plan; and, to the extent not
expressly superseded by the Development Plan or this Agreement (see Section 4.3 in particular),
all other land use and subdivision regulations governing the permitted uses, density and intensity
of use, design, and improvement, procedures for obtaining required City permits and approvals
for development, and similar matters that may apply to the Development of the Project on the
Property during the Term of this Agreement that are set forth in Title 15 (Buildings and
Construction) of the Municipal Code, Title 19 (Subdivisions) of the Newport Beach Municipal
Code, and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code but specifically
excluding all other sections of the Newport Beach Municipal Code, including without limitation
Title 5 (Business Licenses and Regulations) of the Newport Beach Municipal Code.
Notwithstanding the foregoing, the term "Development Regulations," as used herein, does not
include any City ordinance, resolution, code, rule, regulation or official policy governing any of
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the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and
assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment
permits and the conveyance of rights and interests which provide for the use of or the entry upon
public property; or (v) the exercise of the power of eminent domain.
"Effective Date" shall mean the latest of all of the following occurring: (i) the date that is
ninety (90) calendar days after the Agreement Date; (ii) if a referendum concerning the Adopting
Ordinance, the Development Plan, or any of the Development Regulations approved on or before
the Agreement Date is timely qualified for the ballot and a referendum election is held
concerning the Adopting Ordinance or any of such Development Regulations, the date on which
the referendum is certified resulting in upholding and approving the Adopting Ordinance and the
Development Regulations; (iii) if a lawsuit is timely filed challenging the validity or legality of
the Adopting Ordinance, this Agreement, the Development Plan, and/or any of the Development
Regulations approved on or before the Agreement Date, the date on which said challenge is
finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement,
the Development Plan, and/or the applicable Development Regulations, whether such finality is
achieved by a final non -appealable judgment, voluntary or involuntary dismissal (and the
passage of any time required to appeal an involuntary dismissal), or binding written settlement
agreement or (iv) the date on which title to the Property has been transferred to, and vested in,
Developer as evidenced by an instrument duly recorded with the Office of the County Recorder
of the County of Orange. Promptly after the Effective Date occurs, the Parties agree to cooperate
in causing an appropriate instrument to be executed and recorded against the Property
memorializing the Effective Date.
"Environmental Laws" means all federal, state, regional, county, municipal, and local
laws, statutes, ordinances, rules, and regulations which are in effect as of the Agreement Date,
and all federal, state, regional, county, municipal, and local laws, statutes, rules, ordinances,
rules, and regulations which may hereafter be enacted and which apply to the Property or any
part thereof, pertaining to the use, generation, storage, disposal, release, treatment, or removal of
any Hazardous Substances, including without limitation the following: the Comprehensive
Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601,
et SeMc ., as amended ("CERCLA"); the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seg., as amended
("RCRA"); the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C.
Sections 11001 et sea., as amended; the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et SeMc ., as amended; the Clean Air Act, 42 U.S.C. Sections 7401 et seg., as
amended; the Clean Water Act, 33 U.S.C. Section 1251, et seq., as amended; the Toxic
Substances Control Act, 15 U.S.C. Sections 2601 et se ., as amended; the Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et sea., as amended; the Federal Safe
Drinking Water Act, 42 U.S.C. Sections 300f et sea., as amended; the Federal Radon and Indoor
Air Quality Research Act, 42 U.S.C. Sections 7401 et sea., as amended; the Occupational Safety
and Health Act, 29 U.S.C. Sections 651 et sea., as amended; and California Health and Safety
Code Section 25100, et SeMc .
"General Plan" shall mean City's 2006 General Plan adopted by the City Council on July
25, 2006, by Resolution No. 2006-76, and any amendments to the 2006 General Plan that
became effective before the Effective Date. The term "General Plan" shall exclude any
amendments that became effective after the Effective Date unless such amendment is expressly
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authorized by this Agreement, or is specifically agreed to by Developer. The Land Use Plan of
the Land Use Element of the General Plan was approved by City voters in a general election on
November 7, 2006.
"Hazardous Substances" means any toxic substance or waste, pollutant, hazardous
substance or waste, contaminant, special waste, industrial substance or waste, petroleum or
petroleum -derived substance or waste, or any toxic or hazardous constituent or additive to or
breakdown component from any such substance or waste, including without limitation any
substance, waste, or material regulated under or defined as "hazardous" or "toxic" under any
Environmental Law.
"Mortgage" shall mean a mortgage, deed of trust, sale and leaseback arrangement, or any
other form of conveyance in which the Property, or a part or interest in the Property, is pledged
as security and contracted for in good faith and for fair value.
"Mortgagee" shall mean the holder of a beneficial interest under a Mortgage or any
successor or assignee of the Mortgagee.
"Notice of Default" shall have the meaning ascribed in Section 8.1 of this Agreement.
"PaM" or "Parties" shall mean the City or Developer or both, as determined by the
context.
"Project" shall mean the development of 312 apartment units including density bonus units,
a 284 -space free-standing parking structure, an approximately one (1) acre public park, and
reconfiguration of existing surface parking lots serving existing office buildings including all on-
site and off-site improvements, as provided in this Agreement and the Development Regulations,
as the same may be modified or amended from time to time consistent with this Agreement and
applicable law.
"Property" is located 4400 Von Karman Avenue in the City, as described in Exhibit A
and depicted on Exhibit B.
"Public Benefit Fee" shall have the meaning ascribed in Section 3.1 of this Agreement.
"Subsequent Development Approvals" shall mean all discretionary development and
building approvals that Developer is required to obtain to Develop the Project on and with
respect to the Property after the Agreement Date consistent with the Development Regulations
and this Agreement.
"Term" shall have the meaning ascribed in Section 2.4 of this Agreement.
"Termination Date" shall have the meaning ascribed in Section 2.4 of this Agreement.
"Transfer" shall have the meaning ascribed in Section 11 of this Agreement.
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2. General Provisions.
2.1 Plan Consistency, Zoning Implementation.
This Agreement and the Development Regulations applicable to the Property will cause
City's zoning and other land use regulations for the Property to be consistent with the General
Plan.
2.2 Binding Effect of Agreement.
The Property is hereby made subject to this Agreement. Development of the Property is
hereby authorized and shall be carried out in accordance with the terms of this Agreement.
2.3 Developer Representations and Warranties Regarding Ownership of the Property
and Related Matters Pertaining to this Agreement.
Developer and each person executing this Agreement on behalf of Developer hereby
represents and warrants to City as follows: (i) that Developer is the fee simple owner to the
Property; (ii) if Developer or any co-owner comprising Developer is a legal entity that such
entity is duly formed and existing and is authorized to do business in the State of California; (iii)
if Developer or any co-owner comprising Developer is a natural person that such natural person
has the legal right and capacity to execute this Agreement; (iv) that all actions required to be
taken by all persons and entities comprising Developer to enter into this Agreement have been
taken and that Developer has the legal authority to enter into this Agreement; (v) that
Developer's entering into and performing its obligations set forth in this Agreement will not
result in a violation of any obligation, contractual or otherwise, that Developer or any person or
entity comprising Developer has to any third party; and (vi) that neither Developer nor any co-
owner comprising Developer is currently the subject of any voluntary or involuntary bankruptcy
or insolvency petition; and (vii) that Developer has no actual knowledge of any pending or
threatened claims of any person or entity affecting the validity of any of the representations and
warranties set forth in clauses (i) -(vi), inclusive or affecting Developer's authority or ability to
enter into or perform any of its obligations set forth in this Agreement.
2.4 Term.
The term of this Agreement ("Term") shall commence on the Effective Date and shall
terminate on the "Termination Date."
Notwithstanding any other provision set forth in this Agreement to the contrary, if any
Party reasonably determines that the Effective Date of this Agreement will not occur because, for
example, (i) the Adopting Ordinance or any of the Development Regulations approved on or
before the Agreement Date for the Project has/have been disapproved by City's voters at a
referendum election or (ii) a final non -appealable judgment is entered in a judicial action
challenging the validity or legality of the Adopting Ordinance, this Agreement, and/or any of the
Development Regulations for the Project approved on or before the Agreement Date such that
this Agreement and/or any of such Development Regulations is/are invalid and unenforceable in
whole or in such a substantial part that the judgment substantially impairs such Party's rights or
substantially increases its obligations or risks hereunder or thereunder, then such Party, in its sole
and absolute discretion, shall have the right to terminate this Agreement upon delivery of a
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written notice of termination to the other Party, in which event neither Party shall have any
further rights or obligations hereunder except that Developer's indemnity obligations set forth in
Article 10 shall remain in full force and effect and shall be enforceable, and the Development
Regulations applicable to the Project and the Property only (but not those general Development
Regulations applicable to other properties in the City) shall be repealed by the City after delivery
of said notice of termination except for the Development Regulations that have been disapproved
by City's voters at a referendum election and, therefore, never took effect.
The Termination Date shall be the earliest of the following dates: (i) the tenth (10th)
anniversary of the Effective Date as said date may be extended in accordance with Section 5.1 of
this Agreement; (ii) such earlier date that this Agreement may be terminated in accordance with
Articles 5, and 7, and/or Section 8.3 of this Agreement and/or Sections 65865.1 and/or 65868 of
the Development Agreement Statute; or (iii) completion of the Project in accordance with the
terms of this Agreement, including Developer's complete satisfaction, performance, and
payment, as applicable, of all Development Exactions, the issuance of all required final
occupancy permits, and acceptance by City or applicable public agency(ies) or private entity(ies)
of all required offers of dedication.
Notwithstanding any other provision set forth in this Agreement to the contrary, the
provisions set forth in Article 10 and Section 14.11 (as well as any other Developer obligations
set forth in this Agreement that are expressly written to survive the Termination Date) shall
survive the Termination Date of this Agreement.
3. Public Benefits.
3.1 Public Benefit Fee.
As consideration for City's approval and performance of its obligations set forth in this
Agreement, Developer shall pay to City a fee in the amount of Seven Million Dollars Five
Hundred Thousand Dollars and 00/100 ($7,500,000.00) which shall be in addition to any other
fee or charge to which the Property and the Project would otherwise be subject.
Of the Seven Million Five Hundred Thousand Dollars and 00/100 ($7,500,000.00), the
Developer shall pay Six Million Five Hundred Thousand Dollars and 00/100 ($6,500,000.00) of
the Public Benefit Fee to the City within five (5) days of the Effective Date of the Agreement.
The Developer shall pay the second installment of the Public Benefit Fee in the amount of One
Million Dollars and 00/100 ($1,000,000.00) to the City at the time the first building permit is
issued for the residential portion of the Project.
The City has not designated a specific project or purpose for the Public Benefit Fee
except as provided in Section 3.1.1 below. Developer acknowledges by its approval and
execution of this Agreement that it is voluntarily agreeing to pay the Public Benefit Fee and the
fees identified in Section 3.2 below, that its obligation to pay the Public Benefit Fee or the fees in
Section 3.2 is an essential term of this Agreement and is not severable from City's obligations
and Developer's vested rights to be acquired hereunder, and that Developer expressly waives any
constitutional, statutory, or common law right it might have in the absence of this Agreement to
protest or challenge the payment of the Public Benefits identified in this Section 3.1 on any
ground whatsoever, including without limitation pursuant to the Fifth and Fourteenth
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.;
Amendments to the United States Constitution, California Constitution Article I Section 19, the
Mitigation Fee Act (California Government Code Section 66000 et seq.), or otherwise. In
addition to any other remedy set forth in this Agreement for Developer's default, if Developer
shall fail to timely pay any portion of the Public Benefits identified in this Section 3.1 when due,
City shall have the right to withhold issuance of any further building permits, occupancy permits,
or other development or building permits for the Project.
3.1.1 Public Benefit Fee Allocation.
The City Council retains sole and absolute discretion to determine how Six Million
Dollars and 00/100 ($6,000,000.00) of the Public Benefit Fee provided in Section 3.1 shall be
allocated and no final decisions have been made as of the Agreement Date. In light of the City's
commitment to housing_ issues, the City agrees to use the remaining One Million Five Hundred
Thousand Dollars and 00/100 ($1,500,000.00) Public Benefit Fee as follows: (i) Five Hundred
Thousand Dollars and 00/100 ($500,000.00) of the Public Benefit Fee shall be used, at the City's
discretion, to support the City's ongoing homeless shelter or permanent supportive housing
efforts; and (ii) One Million Dollars and 00/100 ($1,000,000.00) shall be placed in a separate
affordable housing fund and used, at the City's discretion, for the development of future,
speculative, affordable housing projects in the City (no specific project is contemplated).
3.2 Other Public Benefits. In addition to the Public Benefit Fee, the direct and
indirect benefits City expects to receive pursuant to this Development Agreement are as follows:
3.2.1 Park Land and Improvements. The park land dedication requirement for the Project
pursuant to the City General Plan Land Use Policy 6.15.13 is approximately one (1) acre. City
acknowledges that Developer's performance of its obligations as set forth in this section satisfies
all of Developer's General Plan, Quimby Act and Newport Beach Municipal Code Chapter 19.52
(Park Dedication and Fees) obligations governing park land dedication and fees. City
acknowledges that Developer is eligible to receive credit against the payment of fees or
dedication of land consistent with the General Plan. As of the Effective Date, the established fair
market value for one (1) acre of land used in assessing in -lieu of park dedication fees equals Two
Million Five Hundred Thousand Dollars and 00/100 ($2,500,000). Developer fees and credit
shall be based on the established Two Million Five Hundred Thousand Dollars and 00/100
($2,500,000) per acre. Based upon the obligations provided herein, Developer agrees to construct
and improve a one (1) acre park within the Property pursuant to the Development Plan.
Developer shall offer the one (1) acre park to the City for dedication in fee simple and City shall
accept Developer's offer of dedication provided that the park has been completed in accordance
with the Development Plan. The park shall be privately maintained by Developer in perpetuity
and in accordance with the Development Plan as set forth in a separate written maintenance and
license agreement approved as to form by the City Attorney.
3.2.2 Public Safety Fee. Developer shall pay a public safety fee in the amount of Five
Hundred Thousand Dollars and 00/100 ($500,000.00) to be used, at City's discretion, to fund the
cost of staffing, services and equipment as necessary for fire related public safety purposes. The
fee shall be paid at the time the first building permit is issued for the residential portion of the
Project.
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3.2.4 Consumer Price Index (CPI) Increases. Any fee provided in this Section 3 (Public
Benefit) shall be increased based upon percentage increases in the CPI Index as provided herein.
The first CPI adjustment shall occur on the third anniversary of the City Council's adoption of
the Adopting Ordinance (the first "Adjustment Date") and subsequent CPI adjustments shall
occur on each anniversary of the first Adjustment Date thereafter until expiration of the Term of
this Agreement (each, an "Adjustment Date"). The amount of the CPI adjustment on the first
Adjustment Date shall be the percentage increase in the CPI Index between the second
anniversary of the City Council's adoption of the Adopting Ordinance and the third anniversary
of the City Council's adoption of the Adopting Ordinance. The amount of the CPI adjustment on
each subsequent Adjustment Date shall be the percentage increase between said Adjustment Date
and the immediately preceding Adjustment Date. The amount of the percentage increase in the
CPI Index on the applicable Adjustment Dates shall in each instance be calculated based on the
then most recently available CPI Index figures such that, for example, if the first Adjustment
Date occurs on September 1, 2020, and the most recently available CPI Index figure on that date
is the CPI Index for July 2020 (2 months prior to the first Adjustment Date), the percentage
increase in the CPI Index on the first Adjustment Date shall be calculated by comparing the CPI
Index for July 2019 with the CPI Index for July 2020. In no event, however, shall application of
the CPI Index on any Adjustment Date reduce the amount of any fee provided in this Section 3
(Public Benefit) (or unpaid portion thereof) below the amount in effect prior to that Adjustment
Date.
4. Development of Proiect.
4.1 Applicable Regulations; Developer's Vested Rights and City's Reservation of
Discretion With Respect to Subsequent Development Approvals.
Other than as expressly set forth in this Agreement, during the Term of this Agreement,
(i) Developer shall have the vested right to Develop the Project on and with respect to the
Property in accordance with the terms of the Development Regulations and this Agreement and
(ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with
the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein
is intended to limit or restrict the City's discretion with respect to (i) those review and approval
requirements contained in the Development Regulations, (ii) the exercise of any discretionary
authority City retains under the Development Regulations, (iii) the approval, conditional
approval, or denial of any Subsequent Development Approvals that are required for
Development of the Project as of the Effective Date, or (iv) any environmental approvals that
may be required under CEQA or any other federal or state law or regulation in conjunction with
any Subsequent Development Approvals that may be required for the Project, and in this regard,
as to future actions in connection with the Subsequent Development Approvals, the City reserves
its full discretion to the same extent that it would have such discretion in the absence of this
Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to
vest Developer's rights with respect to any laws, regulations, rules, or official policies of any
other (i.e., non -City) governmental agency or public utility company with jurisdiction over the
Property or the Project; or any applicable federal or state laws, regulations, rules, or official
policies that may be inconsistent with this Agreement and that override or supersede the
provisions set forth in this Agreement, and regardless of whether such overriding or superseding
laws, regulations, rules, or official policies are adopted or applied to the Property or the Project
prior or subsequent to the Agreement Date.
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Developer has expended and will continue to expend substantial amounts of time and
money planning and preparing for Development of the Project. Developer represents, and City
acknowledges, that Developer would not make these expenditures without this Agreement, and
that Developer is and will be making these expenditures in reasonable reliance upon its vested
rights to Develop the Project as set forth in this Agreement.
Developer may apply to City for permits or approvals necessary to modify or amend the
Development specified in the Development Regulations, without amending this Agreement,
provided that the request does not propose an increase in the maximum density, intensity, height,
or size of proposed structures, or a change in use that generates more peak hour traffic or more
daily traffic and, in addition, Developer may apply to City for approval of minor amendments to
the existing tentative tract map, if any, or associated conditions of approval, consistent with City
of Newport Beach Municipal Code Section 19.12.090. This Agreement does not constitute a
promise or commitment by City to approve any such permit or approval, or to approve the same
with or without any particular requirements or conditions, and City's discretion with respect to
such matters shall be the same as it would be in the absence of this Agreement.
4.2 No Conflicting Enactments.
Except to the extent City reserves its discretion as expressly set forth in this Agreement,
during the Term of this Agreement City shall not apply to the Project or the Property any
ordinance, policy, rule, regulation, or other measure relating to Development of the Project that
is enacted or becomes effective after the Effective Date to the extent it conflicts with this
Agreement or Developer consents in writing. This Section 4.2 shall not restrict City's ability to
enact an ordinance, policy, rule, regulation, or other measure applicable to the Project pursuant to
California Government Code Section 65866 consistent with the procedures specified in Section
4.3 of this Agreement. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465,
the California Supreme Court held that a construction company was not exempt from a city's
growth control ordinance even though the city and construction company had entered into a
consent judgment (tantamount to a contract under California law) establishing the company's
vested rights to develop its property consistent with the zoning. The California Supreme Court
reached this result because the consent judgment failed to address the timing of development.
The Parties intend to avoid the result of the Pardee case by acknowledging and providing in this
Agreement that Developer shall have the vested right to Develop the Project on and with respect
to the Property at the rate, timing, and sequencing that Developer deems appropriate within the
exercise of Developer's sole subjective business judgment, provided that such Development
occurs in accordance with this Agreement and the Development Regulations, notwithstanding
adoption by City's electorate of an initiative to the contrary after the Effective Date. No City
moratorium or other similar limitation relating to the rate, timing, or sequencing of the
Development of all or any part of the Project and whether enacted by initiative or another
method, affecting subdivision maps, building permits, occupancy certificates, or other
entitlement to use, shall apply to the Project to the extent such moratorium or other similar
limitation restricts Developer's vested rights in this Agreement or otherwise conflicts with the
express provisions of this Agreement.
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4.3 Reservations of Authority.
Notwithstanding any other provision set forth in this Agreement to the contrary, the laws,
rules, regulations, and official policies set forth in this Section 4.3 shall apply to and govern the
Development of the Project on and with respect to the Property.
4.3.1 Procedural Reeulations. Unless otherwise specified in this Agreement,
procedural regulations relating to hearing bodies, petitions, applications, notices, findings,
records, hearings, reports, recommendations, appeals, and any other matter of procedure shall
apply to the Property, provided that such procedural regulations are adopted and applied City-
wide or to all other properties similarly situated in City.
4.3.2 Processing and Permit Fees. City shall have the right to charge, and
Developer shall be required to pay, all applicable processing and permit fees to cover the
reasonable cost to City of processing and reviewing applications and plans for any required
Subsequent Development Approvals, building permits, excavation and grading permits,
encroachment permits, and the like, for performing necessary studies and reports in connection
therewith, inspecting the work constructed or installed by or on behalf of Developer, and
monitoring compliance with any requirements applicable to Development of the Project, all at
the rates in effect at the time fees are due.
4.3.3 Consistent Future City Regulations. City ordinances, resolutions,
regulations, and official policies governing Development which do not conflict with the
Development Regulations, or with respect to such regulations that do conflict, where Developer
has consented in writing to the regulations, shall apply to the Property.
4.3.4 Development Exactions Applicable to Property. During the Term of this
Agreement, Developer shall be required to satisfy and pay all Development Exactions at the time
performance or payment is due to the same extent and in the same amount(s) that would apply to
Developer and the Project in the absence of this Agreement. City shall not alter, increase, or
modify said Development Exaction in a manner that is inconsistent with this Agreement, the
Project's conditions of approval, or the Development Regulations without Developer's prior
written consent or as may be otherwise required pursuant to overriding federal or state laws or
regulations (Section 4.3.5 below). In addition, nothing in this Agreement is intended or shall be
deemed to vest Developer against the obligation to pay any of the following (which are not
included within the definition of "Development Exactions") in the full amount that would apply
in the absence of this Agreement: (i) City's normal fees for processing, environmental
assessment and review, tentative tract and parcel map review, plan checking, site review and
approval, administrative review, building permit, grading permit, inspection, and similar fees
imposed to recover City's costs associated with processing, reviewing, and inspecting project
applications, plans, and specifications, including CEQA review; (ii) fees and charges levied by
any other public agency, utility, district, or joint powers authority, regardless of whether City
collects those fees and charges; or (iii) community facility district special taxes or special district
assessments or similar assessments, business license fees, bonds or other security required for
public improvements, transient occupancy taxes, sales taxes, property taxes, sewer lateral
connection fees, water service connection fees, new water meter fees, and the Property
Development Tax payable under Section 3.12 of Newport Beach Municipal Code.
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4.3.5 Overriding Federal and State Laws and Regulations. Federal and state
laws and regulations that override Developer's vested rights set forth in this Agreement shall
apply to the Property, together with any City ordinances, resolutions, regulations, and official
policies that are necessary to enable City to comply with the provisions of any such overriding
federal or state laws and regulations, provided that (i) Developer does not waive its right to
challenge or contest the validity of any such purportedly overriding federal, state, or City law or
regulation; and (ii) upon the discovery of any such overriding federal, state, or City law or
regulation that prevents or precludes compliance with any provision of this Agreement, City or
Developer shall provide to the other Party a written notice identifying the federal, state, or City
law or regulation, together with a copy of the law or regulation and a brief written statement of
the conflict(s) between that law or regulation and the provisions of this Agreement. Promptly
thereafter, City and Developer shall meet and confer in good faith in a reasonable attempt to
determine whether a modification or suspension of this Agreement, in whole or in part, is
necessary to comply with such overriding federal, state, or City law or regulation. In such
negotiations, City and Developer agree to preserve the terms of this Agreement and the rights of
Developer as derived from this Agreement to the maximum feasible extent while resolving the
conflict. City agrees to cooperate with Developer at no cost to City in resolving the conflict in a
manner which minimizes any financial impact of the conflict upon Developer. City also agrees
to process in a prompt manner Developer's proposed changes to the Project and any of the
Development Regulations as may be necessary to comply with such overriding federal, state, or
City law or regulation; provided, however, that the approval of such changes by City shall be
subject to the discretion of City, consistent with this Agreement.
4.3.6 Public Health and Safety. Any City ordinance, resolution, rule, regulation,
program, or official policy that is necessary to protect persons on the Property or in the
immediate vicinity from conditions dangerous to their health or safety, as reasonably determined
by City, shall apply to the Property, even though the application of the ordinance, resolution, rule
regulation, program, or official policy would result in the impairment of Developer's vested
rights under this Agreement.
4.3.7 Uniform Building Standards. Existing and future building and building -
related standards set forth in the building standard codes adopted and amended by City from
time -to -time, including building, plumbing, mechanical, electrical, housing, swimming pool, and
fire codes, and any modifications and amendments thereof shall all apply to the Project and the
Property to the same extent that the same would apply in the absence of this Agreement.
4.3.8 Public Works Improvements. To the extent Developer constructs or
installs any public improvements, works, or facilities, the City standards in effect for such public
improvements, works, or facilities at the time of City's issuance of a permit, license, or other
authorization for construction or installation of same shall apply.
4.3.9 No Guarantee or Reservation of Utility Capacity. Notwithstanding any
other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended
or shall be interpreted to require City to guarantee or reserve to or for the benefit of Developer or
the Property any utility capacity, service, or facilities that may be needed to serve the Project,
whether domestic or reclaimed water service, sanitary sewer transmission or wastewater
treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to
limit or restrict Development of the Project if and to the extent that City reasonably determines
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that inadequate utility capacity exists to adequately serve the Project at the time Development is
scheduled to commence. Notwithstanding the foregoing, City covenants to provide utility
services to the Project on a non-discriminatory basis (i.e., on the same terms and conditions that
City undertakes to provide such services to other similarly situated new developments in the City
of Newport Beach as and when service connections are provided and service commences).
4.4 Tentative Subdivision Maps.
City agrees that Developer may file and process new and existing vesting tentative maps
for the Property consistent with California Government Code sections 66498.1-66498.9 and City
of Newport Beach Municipal Code Chapter 19.20 (Vesting Tentative Maps). Developer agrees
that filing and issuance of a new subdivision map may trigger additional development impact
fees. Pursuant to the applicable provision of the California Subdivision Map Act (California
Government Code section 66452.6(a)), the life of any tentative subdivision map approved for the
Property, whether designated a "vesting tentative map" or otherwise, shall be extended for the
Term of this Agreement.
Amendment or Cancellation of Agreement.
This Agreement may be amended or canceled in whole or in part only by mutual written
and executed consent of the Parties in compliance with California Government Code Section
65868 and Newport Beach Municipal Code Section 15.45.070 or by unilateral termination by
City in the event of an uncured default of Developer.
5.1 Extension.
The City Council may approve further extensions beyond the term upon written request
from the Developer.
6. Enforcement.
Unless amended or canceled pursuant to California Government Code Section 65868,
Newport Beach Municipal Code Section 15.45.070, or modified or suspended pursuant to
Newport Beach Municipal Code Chapter 15.45 or California Government Code Section 65869.5,
and except as otherwise provided in subdivision (b) of Section 65865.3, this Agreement shall be
enforceable by either Party despite any change in any applicable general or specific plan, zoning,
subdivision, or building regulation or other applicable ordinance or regulation adopted by City
(including by City's electorate) that purports to apply to any or all of the Property.
7. Annual Review of Developer's Compliance With Agreement.
7.1 General.
City shall review this Agreement once during every twelve (12) month period following
the Effective Date for compliance with the terms of this Agreement as provided in Government
Code section 65865.1. Developer (including any successor to the owner executing this
Agreement on or before the date of the Adopting Ordinance) shall pay City a reasonable fee in
an amount City may reasonably establish from time -to -time to cover the actual and necessary
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costs for the annual review. City's failure to timely provide or conduct an annual review shall
not constitute a Default hereunder by City.
7.2 Developer Obligation to Demonstrate Good Faith Compliance.
During each annual review by City, Developer is required to demonstrate good faith
compliance with the terms of the Agreement. Developer agrees to furnish such evidence of good
faith compliance as City, in the reasonable exercise of its discretion, may require, thirty (30)
calendar days prior to each anniversary of the Effective Date during the Term.
7.3 Procedure.
The Zoning Administrator shall conduct a duly noticed hearing and shall determine, on
the basis of substantial evidence, whether or not Developer has, for the period under review,
complied with the terms of this Agreement. If the Zoning Administrator finds that Developer
has so complied, the annual review shall be concluded. If the Zoning Administrator finds, on the
basis of substantial evidence, that Developer has not so complied, written notice shall be sent to
Developer by first class mail of the Zoning Administrator's finding of non-compliance, and
Developer shall be given at least ten (10) calendar days to cure any noncompliance that relates to
the payment of money and thirty (30) calendar days to cure any other type of noncompliance. If
a cure not relating to the payment of money cannot be completed within thirty (30) calendar days
for reasons which are beyond the control of Developer, Developer must commence the cure
within such thirty (30) calendar days and diligently pursue such cure to completion. If
Developer fails to cure such noncompliance within the time(s) set forth above, such failure shall
be considered to be a Default and City shall be entitled to exercise the remedies set forth in
Article 8 below.
7.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of
Developer's Default.
The annual review procedures set forth in this Article 7 shall not be the exclusive means
for City to identify a Default by Developer or limit City's rights or remedies for any such
Default.
8. Events of Default.
8.1 General Provisions.
In the event of any material default, breach, or violation of the terms of this Agreement
("Default"), the Party alleging a Default shall deliver a written notice (each, a "Notice of
Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged
Default and a reasonable manner and sufficient period of time (twenty (20) calendar days if the
Default relates to the failure to timely make a monetary payment due hereunder and not less than
thirty (30) calendar days in the event of non -monetary Defaults) in which the Default must be
cured ("Cure Period"). During the Cure Period, the Party charged shall not be considered in
Default for the purposes of termination of this Agreement or institution of legal proceedings. If
the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed
not to exist. If a non -monetary Default cannot be cured during the Cure Period with the exercise
of commercially reasonable diligence, the defaulting Party must promptly commence to cure as
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quickly as possible, and in no event later than thirty (30) calendar days after it receives the
Notice of Default, and thereafter diligently pursue said cure to completion. Notwithstanding the
foregoing, the City is not required to give Developer notice of default and may immediately
pursue remedies for a Developer Default that result in an immediate threat to public health,
safety or welfare.
8.2 Default by Developer.
If Developer is alleged to have committed Default and it disputes the claimed Default, it
may make a written request for an appeal hearing before the City Council within ten (10)
calendar days of receiving the Notice of Default, and a public hearing shall be scheduled at the
next available City Council meeting to consider Developer's appeal of the Notice of Default.
Failure to appeal a Notice of Default to the City Council within the ten (10) calendar day period
shall waive any right to a hearing on the claimed Default. If Developer's appeal of the Notice of
Default is timely and in good faith but after a public hearing of Developer's appeal the City
Council concludes that Developer is in Default as alleged in the Notice of Default, the accrual
date for commencement of the thirty (30) calendar day Cure Period provided in Section 8.1 shall
be extended until the City Council's denial of Developer's appeal is communicated to Developer
in writing.
8.3 City's Option to Terminate Agreement.
In the event of an alleged Developer Default, City may not terminate this Agreement
without first delivering a written Notice of Default and providing Developer with the opportunity
to cure the Default within the Cure Period, as provided in Section 8.1, and complying with
Section 8.2 if Developer timely appeals any Notice of Default. A termination of this Agreement
by City shall be valid only if good cause exists and is supported by evidence presented to the
City Council at or in connection with a duly noticed public hearing to establish the existence of a
Default. The validity of any termination may be judicially challenged by Developer. Any such
judicial challenge must be brought within sixty (60) calendar days of service on Developer, by
first class mail, postage prepaid, of written notice of termination by City or a written notice of
City's determination of an appeal of the Notice of Default as provided in Section 8.2.
8.4 Default by City.
If Developer alleges a City Default and alleges that the City has not cured the Default
within the Cure Period, Developer may pursue any legal or equitable remedy available to it,
including, without limitation, an action for a writ of mandamus, injunctive relief, or specific
performance of City's obligations set forth in this Agreement. Upon a City Default, any
resulting delays in Developer's performance hereunder shall neither be a Developer Default nor
constitute grounds for termination or cancellation of this Agreement by City and shall, at
Developer's option (and provided Developer delivers written notice to City within thirty (30)
calendar days of the commencement of the alleged City Default), extend the Term for a period
equal to the length of the delay.
8.5 Waiver.
Failure or delay by any Party in delivering a Notice of Default shall not waive that
Party's right to deliver a future Notice of Default of the same or any other Default.
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8.6 Specific Performance Remedy.
Due to the size, nature, and scope of the Project, it will not be practical or possible to
restore the Property to its pre-existing condition once implementation of this Agreement has
begun. After such implementation, both Developer and City may be foreclosed from other
choices they may have had to plan for the development of the Property, to utilize the Property or
provide for other benefits and alternatives. Developer and City have invested significant time
and resources and performed extensive planning and processing of the Project in agreeing to the
terms of this Agreement and will be investing even more significant time and resources in
implementing the Project in reliance upon the terms of this Agreement. It is not possible to
determine the sum of money which would adequately compensate Developer or City for such
efforts. For the above reasons, except as set forth in Section 8.7, City and Developer agree that
damages would not be an adequate remedy if either City or Developer fails to carry out its
obligations under this Agreement. Therefore, except as set forth in Section 8.7, specific
performance of this Agreement is necessary to compensate Developer if City fails to carry out its
obligations under this Agreement or to compensate City if Developer falls to carry out its
obligations under this Agreement.
8.7 Monetary Damages.
The Parties agree that monetary damages shall not be an available remedy for any Party
for a Default hereunder by the other Party; provided, however, that (i) nothing in this Section 8.7
is intended or shall be interpreted to limit or restrict City's right to recover the Public Benefit
Fees due from Developer as set forth herein; and (ii) nothing in this Section 8.7 is intended or
shall be interpreted to limit or restrict Developer's indemnity obligations set forth in Article 10
or the right of the prevailing Party in any Action to recover its litigation expenses, as set forth in
Section 8.10. In no event shall damages be awarded against the City upon an event of default or
upon termination of this Agreement. Developer expressly agrees that the City, any City agencies
and their respective elected and appointed councils, boards, commissions, officers, agents,
employees, volunteers and representatives (collectively, for purposes of this Section 8.7, "City")
shall not be liable for any monetary damage for a Default by the City or any claims against City
arising out of this Agreement. Developer hereby expressly waives any such monetary damages
against the City. The sole and exclusive judicial remedy for Developer in the event of a Default
by the City shall be an action in mandamus, specific performance, or other injunctive or
declaratory relief.
8.8 Additional City Remedy for Developer's Default.
In the event of any Default by Developer, in addition to any other remedies which may be
available to City, whether legal or equitable, City shall be entitled to receive and retain any
Development Exactions applicable to the Project or the Property, including any fees, grants,
dedications, or improvements to public property which it may have received prior to Developer's
Default without recourse from Developer or its successors or assigns.
8.9 No Personal Liabilityof Officials, Employees, or Agents.
No City official, employee, or agent shall have any personal liability hereunder for a
Default by City of any of its obligations set forth in this Agreement.
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8.10 No Recovery of Legal Expenses by Prevailing Party in Any Action.
In any judicial proceeding, arbitration, or mediation (collectively, an "Action") between
the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement,
the prevailing Party shall not recover any of its costs and expenses, regardless of whether they
would be recoverable under California Code of Civil Procedure section 1033.5 or California
Civil Code section 1717 in the absence of this Agreement. These costs and expenses include, but
are not limited to, court costs, expert witness fees, attorneys' fees, City staff costs (including
overhead), and costs of investigation and preparation before initiation of the Action.
9. Force Majeure.
No Party shall be deemed to be in Default where failure or delay in performance of any
of its obligations under this Agreement is caused, through no fault of the Party whose
performance is prevented or delayed, by floods, earthquakes, other acts of God, fires, wars, riots
or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court
actions. Except as specified above, nonperformance shall not be excused because of the act or
omission of a third person. In no event shall the occurrence of an event of force majeure operate
to extend the Term of this Agreement. In addition, in no event shall the time for performance of
a monetary obligation, including without limitation Developer's obligation to pay Public Benefit
Fees, be extended pursuant to this Section.
10. Indemnity Obligations of Developer.
10.1 Indemnily Arising From Acts or Omissions of Developer.
Except to the extent caused by the intentional misconduct or gross negligent acts, errors
or omissions of City or one (1) or more of City's officials, employees, agents, attorneys, and
contractors (collectively, the "City's Affiliated Parties"), Developer shall indemnify, defend, and
hold harmless City and City's Affiliated Parties from and against all suits, claims, liabilities,
losses, damages, penalties, obligations, and expenses (including but not limited to reasonable
attorneys' fees and costs) (collectively, a "Claim") that may arise, directly or indirectly, from the
acts, omissions, or operations of Developer or Developer's agents, contractors, subcontractors,
agents, or employees in the course of Development of the Project or any other activities of
Developer relating to the Property or Project, or pursuant to this Agreement. City shall be
entitled to retain separate counsel to represent City against the Claim and the City's reasonable
defense costs for its separate counsel shall be included in Developer's indemnity obligation,
provided that such counsel shall reasonably cooperate with Developer in an effort to minimize
the total litigation expenses incurred by Developer. In the event either City or Developer
recovers any attorney's fees, expert witness fees, costs, interest, or other amounts from the party
or parties asserting the Claim, Developer shall be entitled to retain the same (provided it has fully
performed its indemnity obligations hereunder). The indemnity provisions in this Section 10.1
shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and
shall survive the Termination Date.
10.2 Third Party Litigation.
In addition to its indemnity obligations set forth in Section 10.1, Developer shall
indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any
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Claim against City or City's Affiliated Parties seeking to attack, set aside, void, or annul the
approval of this Agreement, the Adopting Ordinance, any of the Development Regulations for
the Project (including without limitation any actions taken pursuant to CEQA with respect
thereto), any Subsequent Development Approval, or the approval of any permit granted pursuant
to this Agreement (including without limitation any actions taken pursuant to CEQA with respect
thereto). Said indemnity obligation shall include payment of reasonable attorney's fees, expert
witness fees, City staff costs (including overhead), and court costs. City shall promptly notify
Developer of any such Claim and City shall cooperate with Developer in the defense of such
Claim. Developer shall not be responsible to indemnify, defend, and hold City harmless from
such Claim until Developer is so notified and if City fails to cooperate in the defense of a Claim
Developer shall not be responsible to defend, indemnify, and hold harmless City during the
period that City so fails to cooperate or for any losses attributable thereto. City shall be entitled
to retain separate counsel to represent City against the Claim and the City's reasonable defense
costs for its separate counsel shall be included in Developer's indemnity obligation, provided
that such counsel shall reasonably cooperate with Developer in an effort to minimize the total
litigation expenses incurred by Developer. In the event either City or Developer recovers any
attorney's fees, expert witness fees, costs, interest, or other amounts from the party or parties
asserting the Claim, Developer shall be entitled to retain the same (provided it has fully
performed its indemnity obligations hereunder). No settlement of any Claim against City or
City's Affiliated Parties shall be executed without the written consent of both the City and
Developer. The indemnity provisions in this Section 10.2 shall commence on the Agreement
Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date.
10.3 Environmentallndemnity.
In addition to its indemnity obligations set forth in Section 10.1, from and after the
Effective Date Developer shall indemnify, defend, and hold harmless City and City's Affiliated
Parties from and against any and all Claims for personal injury or death, property damage,
economic loss, statutory penalties or fines, and damages of any kind or nature whatsoever,
including without limitation reasonable attorney's fees, expert witness fees, and costs, based
upon or arising from any of the following: (i) the actual or alleged presence of any Hazardous
Substance on or under any of the Property in violation of any applicable Environmental Law; (ii)
the actual or alleged migration of any Hazardous Substance from the Property through the soils
or groundwater to a location or locations off of the Property; and (iii) the storage, handling,
transport, or disposal of any Hazardous Substance on, to, or from the Property and any other area
disturbed, graded, or developed by Developer in connection with Developer's Development of
the Project. The indemnity provisions in this Section 10.3 shall commence on the Effective Date
occurs, and shall survive the Termination Date.
11. Assignment.
Owner and Developer shall have the right to sell, transfer, or assign (hereinafter, collectively, a
"Transfer") Developer's interest in or fee title to the Property, in whole or in part, to a "Permitted
Transferee" (which successor, as of the effective date of the Transfer, shall become the
"Developer" under this Agreement) at any time from the Agreement Date until the Termination
Date; provided, however, that no such Transfer shall violate the provisions of the Subdivision
Map Act (Government Code Section 66410 et seq.) or City's local subdivision ordinance and
any such transfer shall include the assignment and assumption of Developer's rights, duties, and
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obligations set forth in or arising under this Agreement as to the Property or the portion thereof
so Transferred and shall be made in strict compliance with the following conditions precedent:
(i) no transfer or assignment of any of Developer's rights or interest under this Agreement shall
be made unless made together with the Transfer of all or a part of Developer's interest in the
Property; and (ii) prior to the effective date of any proposed Transfer, Developer (as transferor)
shall notify City, in writing, of such proposed Transfer and deliver to City a written assignment
and assumption, executed in recordable form by the transferring and successor Developer and in
a form subject to the reasonable approval of the City Attorney of City (or designee), pursuant to
which the transferring Developer assigns to the successor Developer and the successor
Developer assumes from the transferring Developer all of the rights and obligations of the
transferring Developer with respect to the Property and this Agreement, or interest in the
Property, or portion thereof to be so Transferred, including in the case of a partial Transfer the
obligation to perform such obligations that must be performed outside of the Property so
Transferred that are a condition precedent to the successor Developer's right to develop the
portion of the Property so Transferred. Any Permitted Transferee shall have all of the same
rights, benefits, duties, obligations, and liabilities of Developer under this Agreement with
respect to the portion of, or interest in, the Property sold, transferred, and assigned to such
Permitted Transferee; provided, however, that in the event of a Transfer of less than all of the
Property, or interest in the Property, no such Permitted Transferee shall have the right to enter
into an amendment of this Agreement that jeopardizes or impairs the rights or increases the
obligations of the Developer with respect to the balance of the Property, without Developer's
written consent.
Notwithstanding any Transfer, the transferring Developer shall continue to be jointly and
severally liable to City, together with the successor Developer, to perform all of the transferred
obligations set forth in or arising under this Agreement unless there is full satisfaction of all of
the following conditions, in which event the transferring Developer shall be automatically
released from any and all obligations with respect to the portion of the Property so Transferred:
(i) the transferring Developer no longer has a legal or equitable interest in the portion of the
Property so Transferred other than as a beneficiary under a deed of trust; (ii) the transferring
Developer is not then in Default under this Agreement and no condition exists that with the
passage of time or the giving of notice, or both, would constitute a Default hereunder; (iii) the
transferring Developer has provided City with the notice and the fully executed written and
recordable assignment and assumption agreement required as set forth in the first paragraph of
this Section 11; and (iv) the successor Developer either (A) provides City with substitute security
equivalent to any security previously provided by the transferring Developer to City to secure
performance of the successor Developer's obligations hereunder with respect to the Property, or
interest in the Property, or the portion of the Property so Transferred, as determined in the City's
sole discretion, or (B) if the transferred obligation in question is not a secured obligation, the
successor Developer either provides security reasonably satisfactory to City or otherwise
demonstrates to City's reasonable satisfaction, as determined in the City's sole discretion, that
the successor Developer has the financial resources or commitments available to perform the
transferred obligation at the time and in the manner required under this Agreement and the
Development Regulations for the Project. Any determination by the City in regards to the second
paragraph of Section 11, subpart (iv) (A), (B), shall be documented in writing.
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12. Mortgagee ee Rights.
12.1 Encumbrances on Property.
The Parties agree that this Agreement shall not prevent or limit Developer in any manner
from encumbering the Property, any part of the Property, or any improvements on the Property
with any Mortgage securing financing with respect to the construction, development, use, or
operation of the Project.
12.2 Mortizaizee Protection.
This Agreement shall be superior and senior to the lien of any Mortgage. Nevertheless,
no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any
Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or
interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure,
trustee's sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all
of the terms and conditions of this Agreement. Any Mortgagee who takes title to the Property or
any part of the Property shall be entitled to the benefits arising under this Agreement.
12.3 Mortgagee Not Obligated.
Notwithstanding the provisions of this Section 12.3, a Mortgagee will not have any
obligation or duty under the terms of this Agreement to perform the obligations of Developer or
other affirmative covenants of Developer, or to guarantee this performance except that: (i) the
Mortgagee shall have no right to develop the Project under the Development Regulations without
fully complying with the terms of this Agreement; and (ii) to the extent that any covenant to be
performed by Developer is a condition to the performance of a covenant by City, that
performance shall continue to be a condition precedent to City's performance.
12.4 Notice of Default to Mortgagee, Right of Mortgagee to Cure.
Each Mortgagee shall, upon written request to City, be entitled to receive written notice
from City of: (i) the results of the periodic review of compliance specified in Article 7 of this
Agreement, and (ii) any default by Developer of its obligations set forth in this Agreement.
Each Mortgagee shall have a further right, but not an obligation, to cure the Default
within thirty (30) calendar days after receiving a Notice of Default with respect to a monetary
Default and within sixty (60) calendar days after receiving a Notice of Default with respect to a
non -monetary Default. If the Mortgagee can only remedy or cure a non -monetary Default by
obtaining possession of the Property, then the Mortgagee shall have the right to seek to obtain
possession with diligence and continuity through a receiver or otherwise, and to remedy or cure
the non -monetary Default within sixty (60) calendar days after obtaining possession and, except
in case of emergency or to protect the public health or safety, City may not exercise any of its
judicial remedies set forth in this Agreement to terminate or substantially alter the rights of the
Mortgagee until expiration of the sixty (60) calendar day period. In the case of a non -monetary
Default that cannot with diligence be remedied or cured within sixty (60) calendar days, the
Mortgagee shall have additional time as is reasonably necessary to remedy or cure the Default,
provided the Mortgagee promptly commences to cure the non -monetary Default within sixty (60)
calendar days and diligently prosecutes the cure to completion.
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13. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.
14. Miscellaneous Terms.
14.1 Reserved
14.2 Notices.
Any notice or demand that shall be required or permitted by law or any provision of this
Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shall
be personally delivered to the Party; deposited in the United States mail, certified, return receipt
requested, and postage prepaid; or delivered by a reliable courier service that provides a receipt
showing date and time of delivery with courier charges prepaid. The notice or demand shall be
addressed as follows:
TO CITY: City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Manager
With a copy to: City Attorney
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
TO DEVELOPER: Derek Picerne
TPG (KCN) Acquisition, LLC
5000 Birch Street, Ste. 600
Newport Beach, CA 92660
With a copy to: Sean Matsler, Esq.
Cox, Castle & Nicholson LLP
3121 Michelson Drive, Ste. 200
Irvine, CA 92612
Any Party may change the address stated in this Section 14.2 by delivering notice to the
other Parties in the manner provided in this Section 14.2, and thereafter notices to such Party or
Parties shall be addressed and submitted to the new address. Notices delivered in accordance
with this Agreement shall be deemed to be delivered upon the earlier of. (i) the date received, or
(ii) three (3) business days after deposit in the mail as provided above.
14.3 Project as Private Undertaking.
The Development of the Project is a private undertaking. Neither the Developer nor the
City is acting as the agent of the other in any respect, and each is an independent contracting
entity with respect to the terms, covenants, and conditions set forth in this Agreement. This
Agreement forms no partnership, joint venture, or other association of any kind. The only
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relationship between the Parties is that of a government entity regulating the Development of
private property by the owner of the property.
14.4 Cooperation.
Each Party shall cooperate with and provide reasonable assistance to the other Party to
the extent consistent with and necessary to implement this Agreement. Upon the request of a
Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if
reasonably required, and file or record the required instruments and writings and take any actions
as may be reasonably necessary to implement this Agreement or to evidence or consummate the
transactions contemplated by this Agreement.
14.5 Estoppel Certificates.
At any time, any Party may deliver written notice to the other Party requesting that Party
certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and effect
and is binding on the Party; (ii) this Agreement has not been amended or modified either orally
or in writing or, if this Agreement has been amended, the Party providing the certification shall
identify the amendments or modifications; and (iii) the requesting Party is not in Default in the
performance of its obligations under this Agreement and no event or situation has occurred that
with the passage of time or the giving of Notice or both would constitute a Default or, if such is
not the case, then the other Party shall describe the nature and amount of the actual or
prospective Default. Such estoppel certificates may be relied upon only by the Parties, their
respective successors and assigns, and, in the event of an estoppel certificate issued by City, a
Mortgagee of Developer, including a Permitted Transferee, and its actual or prospective
Mortgagee. City shall be entitled to payment/reimbursement for its actual and reasonable costs
of investigation and preparation of an estoppel certificate prior to issuing the same.
The Party requested to furnish an estoppel certificate shall execute and return the
certificate within thirty (30) calendar days following receipt (assuming, in the case of an estoppel
certificate to be issued by City, Developer has paid City the cost thereof, as provided above).
14.6 Rules of Construction.
The singular includes the plural; the masculine and neuter include the feminine; "shall" is
mandatory; and "may" is permissive.
14.7 Time Is of the Essence.
Time is of the essence regarding each provision of this Agreement as to which time is an
element.
14.8 Waiver.
The failure by a Party to insist upon the strict performance of any of the provisions of this
Agreement by the other Party, and failure by a Party to exercise its rights upon a Default by the
other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the
other Party in the future.
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14.9 Counterparts.
This Agreement may be executed in two (2) or more counterparts, each of which shall be
identical and may be introduced in evidence or used for any other purpose without any other
counterpart, but all of which shall together constitute one (1) and the same agreement.
14.10 Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all
prior agreements and understandings, both written and oral, between the Parties with respect to
the subject matter addressed in this Agreement.
14.11 Severability.
The Parties intend that each and every obligation of the Parties is interdependent and
interrelated with the other, and if any provision of this Agreement or the application of the
provision to any Party or circumstances shall be held invalid or unenforceable to any extent, it is
the intention of the Parties that the remainder of this Agreement or the application of the
provision to persons or circumstances shall be rendered invalid or unenforceable. The Parties
intend that no Party shall receive any of the benefits of the Agreement without the full
performance by such Party of all of its obligations provided for under this Agreement. Without
limiting the generality of the foregoing, the Parties intend that Developer shall not receive any of
the benefits of this Agreement if any of Developer's obligations are rendered void or
unenforceable as the result of any third party litigation, and City shall be free to exercise its
legislative discretion to amend or repeal the Development Regulations applicable to the Property
and Developer shall cooperate as required, despite this Agreement, should third party litigation
result in the nonperformance of Developer's obligations under this Agreement. The provisions
of this Section 14.11 shall apply regardless of whether the Effective Date occurs and after the
Termination Date.
14.12 Construction.
This Agreement has been drafted after extensive negotiation and revision. Both City and
Developer are sophisticated parties who were represented by independent counsel throughout the
negotiations or City and Developer had the opportunity to be so represented and voluntarily
chose to not be so represented. City and Developer each agree and acknowledge that the terms
of this Agreement are fair and reasonable, taking into account their respective purposes, terms,
and conditions. This Agreement shall therefore be construed as a whole consistent with its fair
meaning, and no principle or presumption of contract construction or interpretation shall be used
to construe the whole or any part of this Agreement in favor of or against any Party.
14.13 Successors and Assigns, Constructive Notice and Acceptance.
The burdens of this Agreement shall be binding upon, and the benefits of this Agreement
shall inure to, all successors in interest to the Parties to this Agreement. Except for those
provisions relating to indemnity in Section 10, all other provisions of this Agreement shall, from
and after the Effective Date hereof, be enforceable as equitable servitudes and constitute
covenants running with the land. Subject to occurrence of the Effective Date, each covenant to
do or refrain from doing some act hereunder with regard to Development of the Property: (i) is
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for the benefit of and is a burden upon every portion of the Property; (ii) runs with the Property
and each portion thereof; and (iii) is binding upon each Party and each successor in interest
during its ownership of the Property or any portion thereof. Every person or entity who now or
later owns or acquires any right, title, or interest in any part of the Project or the Property is and
shall be conclusively deemed to have consented and agreed to every provision of this
Agreement. This Section 14.13 applies regardless of whether the instrument by which such
person or entity acquires the interest refers to or acknowledges this Agreement and regardless of
whether such person or entity has expressly entered into an assignment and assumption
agreement as provided for in Article 11.
14.14 No Third Partv Beneficiaries.
The only Parties to this Agreement are City and Developer. This Agreement does not
involve any third party beneficiaries, and it is not intended and shall not be construed to benefit
or be enforceable by any other person or entity.
14.15 Applicable Law and Venue.
This Agreement shall be construed and enforced consistent with the laws of the State of
California, without regard to conflicts of law principles. Any action at law or in equity arising
under this Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Agreement shall be filed and tried in the
Superior Court of the County of Orange, State of California, or the United States District Court
for the Central District of California. The Parties waive all provisions of law providing for the
removal or change of venue to any other court.
14.16 Section Headings.
All section headings and subheadings are inserted for convenience only and shall not
affect construction or interpretation of this Agreement.
14.17 Incorporation of Recitals and Exhibits.
All of the Recitals are incorporated into this Agreement by this reference. Exhibits A
through B are attached to this Agreement and incorporated by this reference as follows:
EXHIBIT
DESIGNATION
DESCRIPTION
A
Legal Description of Property
B
Site Map
14.18 Recordation.
The City Clerk of City shall record this Agreement and any amendment, modification, or
cancellation of this Agreement in the Office of the County Recorder of the County of Orange
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within the period required by California Government Code section 65868.5 and City of Newport
Beach Municipal Code section 15.45.090. The date of recordation of this Agreement shall not
modify or amend the Effective Date or the Termination Date.
[SIGNATURE PAGE FOLLOWS]
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SIGNATURE PAGE TO DEVELOPMENT AGREEMENT
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
Aaron C. Harp, City Attorney
Sean Matsler, Attorney for Developer
"DEVELOPER"
TPG (KCN) Acquisition, LLC, a California
limited liability company
By: _
Name:
Title:
By: _
Name:
Title:
"CITY"
27
CITY OF NEWPORT BEACH, a municipal
corporation and charter city
Mayor
3-117
ACKNOWLEDGEMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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RESIDENCES AT 4400 VON KARMAN PROJECT
LEGAL DESCRIPTION
PARCEL 1:
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY
OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 2 OF PARCEL
MAP NO. 91-155 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 266, PAGES 16 THROUGH
22 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP
NO. 91-155; THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH 49°21'34"
WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHEASTERLY LINE SOUTH 41005'02" WEST 54.87 FEET; THENCE SOUTH 04016'29"
EAST 257.91 FEET; THENCE SOUTH 85°43'31" WEST 685.70 FEET TO A LINE PARALLEL
WITH AND 1.00 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF VON
KARMAN AVENUE AS SHOWN ON SAID PARCEL MAP NO 91-155; THENCE ALONG SAID
PARALLEL LINE NORTH 06059'31" WEST 296.00 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 549.00 FEET; THENCE
ALONG SAID CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL ANGLE OF
09029'40" TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF
THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING A
BEARING AND DISTANCE OF "NORTH 49021'34" WEST 204.00 FEET"; THENCE ALONG THE
NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE AND THE
SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY
PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49021'34" EAST 274.72
FEET; THENCE NORTH 40°38'26" EAST 156.94 FEET TO THE SOUTHWESTERLY LINE OF
THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING A
BEARING AND DISTANCE OF "NORTH 49021'34" EAST 204.44 FEET"; THENCE ALONG SAID
SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCELAND ITS
NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH
49021'34" EAST 166.34 FEET; THENCE NORTH 40038'26" EAST 284.73 FEET TO SAID
NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE
SOUTH 49°21'34' EAST 157.28 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 4.51 ACRES, MORE OF LESS.
PARCEL 2:
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY
OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 2 OF PARCEL
MAP NO. 91-155 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 266, PAGES 16 THROUGH
22 OF PARCEL MAPS, TOGETHER WITH PARCEL 1 OF PARCEL MAP NO. 82-713 AS SHOWN
ON A MAP THEREOF, FILED IN BOOK 181, PAGES 13 THROUGH 19 OF PARCEL MAPS,
BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.
I: X, ty: Ii11►[ej1a: I:]: 19Y0 OTA IICMAN to] : 1:i�_11►1W_1YN:Iw91=01VIA: IO7_69go] Iwe] 11111
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COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP
NO. 91-155; THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH 49°21'34"
WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHEASTERLY LINE SOUTH 41005'02" WEST 54.87 FEET; THENCE SOUTH 04°16'29"
EAST 257.91 FEET; THENCE SOUTH 85043'31" WEST 685.70 FEET TO A LINE PARALLEL
WITH AND 1.00 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF VON
KARMAN AVENUE AS SHOWN ON SAID PARCEL MAP NO 91-155; THENCE ALONG SAID
PARALLEL LINE NORTH 06059'31" WEST 296.00 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 549.00 FEET; THENCE
ALONG SAID CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL ANGLE OF
09029'40" TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF
THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING A
BEARING AND DISTANCE OF "NORTH 49021'34" WEST 204.00 FEET"; THENCE ALONG THE
NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE AND THE
SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY
PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49°21'34" EAST 274.72
FEET; THENCE NORTH 40038'26" EAST 156.94 FEET TO THE SOUTHWESTERLY LINE OF
THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING A
BEARING AND DISTANCE OF "NORTH 49021'34" EAST 204.44 FEET"; THENCE ALONG SAID
SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS
NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH
49021'34" EAST 166.34 FEET; THENCE NORTH 40°38'26" EAST 284.73 FEET TO SAID
NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE
SOUTH 49°21'34' EAST 157.28 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 20.09 ACRES, MORE OF LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD.
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EDIT B
SITE MAP
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Residences at 4400 Von Karman Project
Site Map
ORCH� STNET
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