HomeMy WebLinkAbout4.0_Baldwin & Sons Medical Office_PA2022-0158CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
December 21, 2023
Agenda Item No. 4
SUBJECT: Baldwin & Sons Medical Office (PA2022-0158)
▪General Plan Amendment
▪Planned Community Development Plan Amendment
▪Conditional Use Permit
▪Development Agreement
SITE LOCATION: 20 Corporate Plaza
APPLICANT: Baldwin & Sons
OWNER: Baldwin Bone LLC
PLANNER: Joselyn Perez, Associate Planner
949-644-3312, jperez@newportbeachca.gov
PROJECT SUMMARY
The Baldwin & Sons Medical Office Project includes the conversion of 12 private parking
spaces within a subterranean garage located at 20 Corporate Plaza into a 5,081-square-
foot medical office. One additional parking space will be lost reconfiguring the site to
accommodate an entrance to the new medical office and wider driveway access ramp. The
project requires a General Plan Amendment and Planned Community Development Plan
Amendment to increase the allowable development intensity of the project site. Additionally,
the Planned Community Development Plan will be amended to allow medical office as a
permitted use at the project site. The project is deficient four onsite parking spaces and
requires a Conditional Use Permit to waive the spaces. Lastly, because the project
introduces new nonresidential floor area within Statistical Area L1, a Development
Agreement is required.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303, Class 3 (New Construction or Conversions of Small
Structures) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and
3)Adopt Resolution No. PC2023-045 recommending City Council approval of PA2022-
0158, which includes the requested General Plan Amendment, Planned Community
Development Plan Amendment, Conditional Use Permit, and Development
Agreement, for the Baldwin & Sons Medical Office, located at 20 Corporate Plaza.
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Regional Commercial
Office (CO-R) Corporate Plaza (PC-17) Office building
NORTH,
EAST,
SOUTH,
WEST
CO-R PC-17 Office buildings (professional
and medical)
Subject Property
PC-17 Boundary
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INTRODUCTION
Project Setting
The project site is located within the Corporate Plaza Planned Community (PC-17), which
is outlined above in the Vicinity Map. PC-17 is abutted to the north by Civic Center Drive,
to the east by Avocado Avenue, to the south by East Coast Highway, and to the west by
Newport Center Drive. PC-17 encompasses approximately 48 acres of developed office
park with shared common parking and provides areas appropriate for the development of
limited commercial activity, professional, business, and medical offices. The subject
property is approximately 0.7-acre and located near the center of the larger office park.
Surrounding land uses are also office. The project site is currently developed with a
single-story, 8,411-square-foot general office building with a 28-space subterranean
private parking area. The project site is designated for business and professional office
use by the General Plan and PC-17. The subject property is not located within the coastal
zone.
The current office building was permitted in 2013, pursuant to Building Permit No. X2013-
1589, and received final building permit inspection in 2016. The building was designed
with the additional private parking area to facilitate a future expansion. However, between
initial construction and final building permit inspection, a transfer of development rights
(PA2015-109) was approved in 2015, which included transferring 15,468 square feet of
office intensity out of PC-17 and into the North Newport Center (PC-56) Planned
Community. This left only 2,379 square feet of unbuilt intensity within Anomaly Number
34, which is insufficient to allow for the planned building expansion.
Project Description
Baldwin & Sons is proposing to convert 12 of the private parking spaces beneath the
existing office building into a 5,081-square-foot medical office. One additional parking space
in the garage will be lost reconfiguring the site to accommodate the new office entrance and
driveway access ramp. 16 onsite private parking spaces will be provided. The Project Plans
are attached to the staff report as Attachment No. PC 2.
The following approvals are requested to implement the project as proposed:
o General Plan Amendment (GPA) – To amend Anomaly Number 34 of Table LU2 in the
General Plan Land Use Element to increase the maximum development limit by 2,711
square feet for a maximum development limit of 471,591 square feet.
o Planned Community Development Plan Amendment (PC Amendment) – To amend
the Corporate Plaza Planned Community (PC-17) Development Plan to allow a
maximum gross building floor area of 471,591 square feet and to add “medical office” as
an allowed use for Building Site 20.
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o Conditional Use Permit (CUP) – To allow an adjustment to the required off-street
parking by waiving the four on-site spaces required for the new medical office.
o Development Agreement (DA) – The consideration of development agreement
providing development rights in exchange for public benefits in accordance with Chapter
15.45 (Development Agreements) of the Newport Beach Municipal Code (NBMC).
The amendments to the General Plan, Planned Community Development Plan, and the
review of the Development Agreement must be approved by the City Council to become
effective. When there are multiple applications for the same project processed
concurrently, they shall be reviewed and approved, modified, or denied by the highest
review authority. In this case, the City Council will also need to approve the Conditional
Use Permit.
DISCUSSION
Analysis
General Plan Amendment
The subject property has a General Plan Land Use designation of Regional Commercial
Office (CO-R). The CO-R designation is intended to provide for administrative and
professional offices that serve local and regional markets, with limited accessory retail,
financial, service, and entertainment uses. A medical office is one type of professional
office and allowed by right.
The project site is within the area designated as Anomaly Number 34 by Table LU-2 of
the Land Use Element of the General Plan. The General Plan limits development intensity
of Anomaly No. 34 to 468,880 square feet of gross floor area. While the Project requires
a General Plan Amendment to implement as the proposed floor area exceeds the
development limit of Anomaly Number 34, the project is otherwise consistent with the
General Plan as proposed to be amended.
An amendment to the PC-17 Development Plan is a legislative act and neither the PC-17
Development Plan, Chapter 20.66 (Planning and Zoning, Amendments) of Title 20
(Planning and Zoning) of the NBMC, nor Article 2 (Adoption of Regulations) of Chapter 4
(Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land
Use) of the California Government Code provide required findings to approve the
amendment. Nonetheless, the amendment is in furtherance of the General Plan’s Goals
and, specifically, the following Policies provided in Table 1, below.
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Table 1- Applicable Polices
General Plan Goal or Policy Consistency
Land Use Element Policy LU1.1
(Unique Environment).
Maintain and enhance the
beneficial and unique character of
the different neighborhoods,
business districts, and harbor that
together identify Newport Beach.
Locate and design development
to reflect Newport Beach’s
topography, architectural
diversity, and view sheds.
Land Use Element Policy
LU6.14.4 (Development Scale).
Reinforce the original design
concept for Newport Center by
concentrating the greatest
building mass and height in the
northeasterly section along San
Joaquin Hills Road, where the
natural topography is highest and
progressively scaling down
building mass and height to follow
the lower elevations toward the
southwesterly edge along East
Coast Highway.
The Project will add a new medical office to an area
of the City that is already developed with professional
offices. The additional floor is located entirely
underground resulting in no visible change to the
character of PC-17 or to the greater Newport Center
area.
Land Use Element Policy LU1.4
(Growth Management)
Implement a conservative growth
strategy that enhances the quality
of life of residents and balances
the needs of all constituencies
with the preservation of open
space and natural resources.
Land Use Element Policy LU3.3
(Opportunities for Change).
Provide opportunities for
improved development and
enhanced environments for
residents in the following districts
While the Project requests an additional 2,711
square feet in intensity, the actual medical office will
be approximately 5,081 square feet. There is
currently 2,370 square feet of unbuilt intensity within
Anomaly Number 34. It is unlikely that the unbuilt
intensity would be used to develop new retail or
hotels, as suggested in Land Use Element Policy
LU3.3, as Anomaly Number 34 is specific to PC-17
where only office uses are allowed. The increase
helps provide a viable development opportunity to
use the unbuilt intensity. The Applicant has stated
that reducing the size of the office would render the
Project infeasible.
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Table 1- Applicable Polices
General Plan Goal or Policy Consistency
and corridors, as specified in
Polices 6.3.1 through 6.22.7:
Fashion Island/Newport Center:
expanded retail uses and hotel
rooms and development of
residential in proximity to jobs and
services, while limiting increases
in office development.
Land Use Element Policy LU4.1
(Land Use Diagram).
Accommodate land use
development consistent with the
Land Use Plan.
Land Use Element Policy
LU6.14.2 (Newport Center).
Provide the opportunity for limited
residential, hotel, and office
development in accordance with
the limits specified by Tables LU1
and LU2.
Land Use Element Policy LU1.5
(Economic Health) Encourage a
local economy that provides
adequate commercial, office,
industrial, and marine-oriented
opportunities that provide
employment and revenue to
support high-quality community
services.
Land Use Element Policy LU2.2
(Sustainable and Complete
Community). Emphasize the
development of uses that enable
Newport Beach to continue as a
self-sustaining community and
minimize the need for residents to
travel outside of the community
While other types of professional offices have
incurred higher vacancy rates in a post COVID-19
environment, medical offices remain an in-demand
use. The Project diversifies the allowed uses within
Building Site 20 which is in line with market
demands. Additionally, the Project provides for an
additional service use, increasing the likelihood
residents can remain within the community when
accessing medical procedures.
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Table 1- Applicable Polices
General Plan Goal or Policy Consistency
for retail, goods and services, and
employment.
Land Use Element Policy LU2.4
(Economic Development).
Accommodate uses that maintain
or enhance Newport Beach’s
fiscal health and account for
market demands, while
maintaining and improving the
quality of life for current and future
residents.
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Charter Section 423 (Measure S)
Pursuant to City Charter Section 423 and City Council Policy A-18, proposed General
Plan amendments are reviewed to determine if a vote of the electorate would be required
because a project (separately or cumulatively with other projects in the same Statistical
Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of the
City Charter. The proposed General Plan Amendment is in Statistical Area L-1. Three
amendments were approved less than 10 years ago and continue to be cumulatively
tracked consistent with the provisions of Charter Section 423. Those are General Plan
Amendments filed as PA2018-185, PA2020-020, and PA2021-260.
Table 2 below illustrates the calculations to determine if a vote is required. None of the
thresholds specified by Charter Section 423 are exceeded, therefore no vote of the
electorate is required should the City Council choose to approve the GPA.
Charter Section 423, Measure S Analysis for Statistical Area L-1.
Amendments Increased
Density
Increased
Intensity
Peak Hour Trip Increase
AM PM
PA2018-185 (Vivante Senior
Housing)
90 0 26 52
PA2020-020 (Residences at
Newport Center)
28 0 3 2
PA2021-260 (Newport Beach
Tennis and Pickleball Club)
0 14,000 27 52
Total Prior Increases 118 14,000 56 106
80% of Prior Increases 94 11,200 45 85
100% of Proposed Project
PA2022-0158
0 2,711 8 11
Total 94 13,911 53 96
Threshold 100 40,000 100 100
Vote Required? No No No No
Tribal Consultation (SB-18)
Pursuant to California Government Code Section 65352.3 (SB 18), a local government is
required to contact the appropriate tribes identified by the Native American Heritage
Commission (NAHC) each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the City must consult for the purpose of preserving or
mitigating impacts to cultural resources. The City received a response from the NAHC
indicating that 12 tribal contacts should be provided notice regarding the proposed
amendment. The tribal contacts were provided notice on February 24, 2023. California
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Government Code Section 65352.3 requires notification 90 days prior to Council action
to allow tribal contacts to respond to the request to consult. One tribal contact requested
consultation within the 90-day period: the Gabrieleno Band of Mission Indians – Kizh
Nation. Conditions of approval, specifically conditions 8 through 17 have been included
to the satisfaction of the tribe to address potential concerns regarding the protection of
Tribal Cultural Resources.
Planned Community Development Plan Amendment
PC-17 was originally adopted in 1992, and last amended in 2015. It sets a maximum
development limit not to exceed 468,880 gross square feet. While PC-17 allows for
adjustments to square footage for individual building sites to be reviewed by the
Community Development Director, this provision only applies if the overall development
limit is not exceeded. In this case, the project increases the total square footage for 20
Corporate Plaza, referred to within the PC-17 development plan as “Building Site 20,” and
the total development within PC-17, above the specified limit of 468,880 square feet. As
such, PC-17 must be amended to account for the increased intensity.
Additionally, while PC-17 predominantly allows for office uses, medical offices are only
allowed on specific building sites. PC-17 also sets a maximum allowance for total floor
area that can be developed as a medical office. Currently 20 Corporate Plaza is not listed
as a building site where medical uses are allowed. As such, PC must also be amended
to allow a maximum of 5,081 gross square feet of medical office on Building Site 20. If
approved, medical office will be allowed within Building Sites No. 2, 3, 8, 9, 11, 17, 20,
and 22, and the new allowed total for medical offices will be a maximum of 84,928 square
feet.
Redline/strikeout revisions to the PC-17 Development Plan are available as Attachment
No. PC 3.
Conditional Use Permit
While PC-17 does not currently allow medical offices in Building Site 20, the Project would
amend the allowed uses of PC-17 to include medical office at Building Site 20. The
conditional use permit (CUP) is only required because the Applicant requests to waive a
portion of the required off-street parking.
As discussed in the Project Setting section, the building was designed and constructed
with surplus onsite subterranean parking to accommodate a future second floor addition;
however, to maintain the existing building envelope above grade and due to project
feasibility constraints, the applicant is proposing to convert a portion of the subterranean
parking area into a medical office. Based on the PC-17 parking requirement of one space
per 250 square feet of net floor area, the Project is required to provide 20 on-site parking
spaces to accommodate the new medical office area where only 16 on-site parking
spaces are able to be provided, resulting in a deficiency of four on-site parking spaces.
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A parking study dated October 13, 2023, was prepared by RK Engineering Group, Inc.
and is attached as Attachment No. PC 4. RK Engineering Group, Inc. completed
observational surveys of PC-17’s six parking zones within the shared parking pool. The
study estimated the peak parking demand occurring at 11:00 AM on a weekday, with a
total of 1,113 parking spaces occupied and a surplus of 418 available parking spaces.
Furthermore, the study found that the parking area adjacent to the project site, Zone 4,
had sufficient vacancies to accommodate any spillover from the Project site.
The study was reviewed and accepted by the City’s Traffic Engineer and demonstrates
that PC-17 has an adequate number of parking spaces to accommodate the Project.
Development Agreement
Pursuant to NBMC Chapter 15.45, a Development Agreement (DA) is required because
the Project includes new non-residential development in Statistical Area L-1. The
applicant requests a 5-year term of agreement. The DA provides assurance that the
applicant may proceed with the Proposed Project in accordance with existing policies,
rules and regulations, and conditions of approval.
In addition to the 5-year term, the DA (Exhibit “E” of the Draft Resolution) specifies the
permitted uses and maximum intensity consistent with the Project. The DA includes all
mandatory elements, including public benefits that are appropriate to support conveying
the vested development rights consistent with the City’s General Plan, NBMC, and
Government Code Sections 65864 et seq. Public benefits include the payment of $14 per
square foot of construction granted by the GPA for a total of $37,954.
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Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no
potential to have a significant effect on the environment.
The Class 3 exemption includes the conversion of existing small structures from one use to
another where only minor modifications are made in the exterior of the structure. The
exemption also includes additions of up to 10,000 square feet to an office within an
urbanized area on sites zoned for such use if not using a significant amount of hazardous
substances, all necessary public services are available, and the surrounding area is not
environmentally sensitive. The Project involves the conversion of subterranean parking, in
an urbanized area, resulting in an addition of 5,081 square feet of office floor space, which
is consistent with the Class 3 exemption.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
Summary
If approved, the applicant will be allowed to convert a portion of the private, subterranean,
parking at 20 Corporate Plaza to construct a 5,081-square-foot medical office. Four of the
required parking spaces will be waived and the applicant will pay a public benefit fee of
$37,954 for increasing the non-residential floor area within Statistical Area L1.
Alternatives
1. The Planning Commission may require or suggest specific changes that are
necessary to alleviate any areas of concern. If the requested changes are
substantial, staff will return with a revised resolution incorporating new findings.
2. If the Planning Commission chooses to deny the Proposed Project, the applicant
would be able to add up to 2,379 square feet of floor area as business or
professional office.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant, and posted on the subject property at least 10 days
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before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the city website.
Prepared by: Submitted by:
BMZ/jp
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Project Plans
PC 3 Redline/Strike Out PC Text
PC 4 Parking Study, prepared by RK Engineering Group, Inc.
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Attachment No. PC 1
Draft Resolution
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RESOLUTION NO. PC2023-045
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT,
PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT,
CONDITIONAL USE PERMIT TO ADJUST THE OFF-STREET
PARKING REQUIREMENT, AND ADOPTION OF A
DEVELOPMENT AGREEMENT TO ALLOW A MEDICAL OFFICE
AT 20 CORPORATE PLAZA (PA2022-0158)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Baldwin & Sons (Applicant), with respect to property located at
20 Corporate Plaza and legally described in Exhibit “A,” which is attached hereto and
incorporated herein by reference (Property).
2. The Property is currently developed with a single-story, 8,411-square-foot general office
building and 29 space subterranean private parking area.
3. The Applicant proposes to convert 12 private parking spaces into a 5,081-square-foot
medical office. One additional parking space will be lost reconfiguring the Property to
accommodate an entrance to the new office and a wider driveway access ramp (Project).
The following approvals are requested or required from the City of Newport Beach (City)
to implement the Project as proposed:
• General Plan Amendment (GPA) – To amend Anomaly Number 34 of Table LU2 in
the General Plan Land Use Element to increase the maximum development limit by
2,711 square feet for a maximum development limit of 471,591 square feet.
• Planned Community Development Plan Amendment (PC Amendment) – To
amend the Corporate Plaza Planned Community (PC-17) Development Plan to allow
a maximum gross building floor area of 471,591 square feet and to add “medical office”
as an allowed use for Building Site 20.
• Conditional Use Permit (CUP) - To allow an adjustment to the required off-street
parking by waiving the four (4) additional spaces required for the new medical office.
• Development Agreement (DA) – The consideration of development agreement
providing development rights in exchange for public benefits in accordance with
Chapter 15.45 (Development Agreements) of the Newport Beach Municipal Code
(NBMC).
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4. The Property is categorized as Regional Commercial Office (CO-R) by the Land Use
Element of the General Plan and is located within the Corporate Plaza Planned Community
(PC-17) Zoning District.
5. The Property is not located within the coastal zone.
6. A public hearing was held on December 21, 2023, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the
hearing was given in accordance with California Government Code Section 54950 et seq.
(Ralph M. Brown Act), Chapter 15.45 (Development Agreements), Chapter 20.56 (Planned
Community District Procedures), 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Project is exempt from the California Environmental Quality Act (CEQA) under Section
15303, Class 3 (New Construction or Conversions of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has
no potential to have a significant effect on the environment.
2. The Class 3 exemption includes the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of the structure.
The exemption also includes additions of up to 10,000 square feet to an office within an
urbanized area on sites zoned for such use if not using a significant amount of
hazardous substances, all necessary public services are available, and the surrounding
area is not environmentally sensitive. The Project involves the conversion of
subterranean parking, in an urbanized area, resulting in an addition of 5,081 square feet
of office floor space, which is consistent with the Class 3 exemption.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
General Plan Amendment and Planned Community Development Plan Amendment
Amendments to the Newport Beach General Plan Land Use Element and the Corporate Plaza
Planned Community (PC-17) Development Plan are legislative acts. Neither Title 20 nor the
PC-17 Development Plan, nor the California Government Code Section 65000 et seq., set forth
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any required findings for either approval or denial of such amendments. Notwithstanding the
foregoing, the following facts support approval of the amendments:
1. The Project includes a GPA to amend the development limit for Anomaly Number 34.
The development limit for the anomaly will be increased to a maximum of 471,591 square
feet. The GPA does not include a change in land use category and would remain as
Regional Commercial Office (CO-R).
2. The increase in development limit to accommodate the new medical office is anticipated
to generate 174 new average daily trips based upon ITE Trip Generation Rates (7th
edition). This is below the 300 average daily trip threshold requiring a traffic study, as
provided in Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC.
3. The GPA for the Project is in furtherance of the General Plan’s Goals and, specifically,
the following Policies:
a. Land Use Element Policy LU1.1 (Unique Environment). Maintain and enhance
the beneficial and unique character of the different neighborhoods, business districts,
and harbor that together identify Newport Beach. Locate and design development to
reflect Newport Beach’s topography, architectural diversity, and view sheds.
b. Land Use Element Policy LU6.14.4 (Development Scale). Reinforce the original
design concept for Newport Center by concentrating the greatest building mass and
height in the northeasterly section along San Joaquin Hills Road, where the natural
topography is highest and progressively scaling down building mass and height to
follow the lower elevations toward the southwesterly edge along East Coast
Highway.
The Project will add a new medical office to an area of the City that is already
developed with professional offices. The additional floor is located entirely
underground resulting in no visible change to the character of PC-17 or to the greater
Newport Center area.
c. Land Use Element Policy LU1.4 (Growth Management) Implement a conservative
growth strategy that enhances the quality of life of residents and balances the needs
of all constituencies with the preservation of open space and natural resources.
d. Land Use Element Policy LU3.3 (Opportunities for Change). Provide
opportunities for improved development and enhanced environments for residents
in the following districts and corridors, as specified in Polices 6.3.1 through 6.22.7:
Fashion Island/Newport Center: expanded retail uses and hotel rooms and
development of residential in proximity to jobs and services, while limiting increases
in office development.
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e. Land Use Element Policy LU4.1 (Land Use Diagram). Accommodate land use
development consistent with the Land Use Plan.
f. Land Use Element Policy LU6.14.2 (Newport Center). Provide the opportunity for
limited residential, hotel, and office development in accordance with the limits
specified by Tables LU1 and LU2.
While the Project would add 2,711 square feet in intensity, the actual medical office
will be approximately 5,081 square feet. There is currently 2,370 square feet of
unbuilt intensity within Anomaly Number 34. It is unlikely that the unbuilt intensity
would be used to develop new retail or hotels, as suggested in Land Use Element
Policy LU3.3, as Anomaly Number 34 is specific to PC-17 where only office uses are
allowed. The increase helps provide a viable development opportunity to use the
unbuilt intensity. The Applicant has stated that reducing the size of the office would
render the Project infeasible.
g. Land Use Element Policy LU1.5 (Economic Health) Encourage a local economy
that provides adequate commercial, office, industrial, and marine-oriented
opportunities that provide employment and revenue to support high-quality
community services.
h. Land Use Element Policy LU2.2 (Sustainable and Complete Community).
Emphasize the development of uses that enable Newport Beach to continue as a
self-sustaining community and minimize the need for residents to travel outside of
the community for retail, goods and services, and employment.
i. Land Use Element Policy LU2.4 (Economic Development). Accommodate uses
that maintain or enhance Newport Beach’s fiscal health and account for market
demands, while maintaining and improving the quality of life for current and future
residents.
While other types of professional offices have incurred higher vacancy rates in a post
COVID-19 environment, medical offices remain an in-demand use. The Project
diversifies the allowed uses within Building Site 20 which is in line with market
demands. Additionally, the Project provides for an additional service use, increasing
the likelihood residents can remain within the community when accessing medical
procedures.
4. The PC-17 Development Plan was originally adopted in 1992 and has since been
amended five times. PC-17 encompasses approximately 48 acres of developed
commercial area and provides a method whereby properties may be classified and
developed for commercial activity, professional, business, and medical offices. The most
recent amendment in 2015 included transferring 15,468 square feet of office intensity
out of PC-17 and into the North Newport Center (PC-56) Planned Community.
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5. PC-17 sets a maximum development limit not to exceed 468,880 gross square feet.
While PC-17 allows for adjustments to square footage for individual building sites to be
reviewed by the Community Development Director, this provision only applies if the
overall development limit is not exceeded. In this case, the Project increases the total
square footage for 20 Corporate Plaza, referred to within the PC-17 development plan
as Building Site 20, and the total development within PC-17 above the specified limit of
468,800 square feet. PC-17 must be amended to account for the increase.
6. Additionally, while PC-17 allows for medical offices, they are restricted to specific
building sites. Currently 20 Corporate Plaza is not listed as a building site where medical
uses are allowed. PC-17 must be amended to allow a maximum of 5,081 gross square
feet of medical office within Building Site 20.
7. The Project is a minor increase to the development limit and the expansion of an already
permitted use to an additional building site. The Project is generally consistent with the
purpose and intent of PC-17 and would not change the operational character of PC-17.
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Planning Commission Resolution No. PC2023-045
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Charter Section 423
Pursuant to City Charter Section 423 and City Council Policy A-18, proposed General Plan
amendments are reviewed to determine if a vote of the electorate would be required because
a project (separately or cumulatively with other projects in the same Statistical Area over the
prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter. The
GPA is in Statistical Area L-1. Three amendments were approved less than 10 years ago and
continue to be tracked consistent with the provisions of Charter Section 423. Those are General
Plan Amendments filed as PA2018-185, PA2020-020, and PA2021-260. The following table
shows the increases attributable to the subject amendment, prior amendments, and the
resulting totals thereby demonstrating that no vote would be required.
Charter Section 423, Measure S Analysis for Statistical Area L-1.
Amendments Increased
Density
Increased
Intensity
Peak Hour Trip Increase
a.m. p.m.
PA2018-185 (Vivante Senior
Housing)
90 0 26 52
PA2020-020 (Residences at
Newport Center)
28 0 3 2
PA2021-260 (Newport Beach
Tennis and Pickleball Club)
0 14,000 27 52
Total Prior Increases 118 14,000 56 106
80% of Prior Increases 94 11,200 45 85
100% of Proposed
PA2022-0158
0 2,711 8 11
Total 94 13,911 53 96
Threshold 100 40,000 100 100
Remaining 6 26,089 47 4
Vote Required? No No No No
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Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) and
Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC, the
following findings and facts in support of the findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The Project site is categorized as Regional Commercial Office (CO-R) by the Land Use
Element of the General Plan. The CO-R designation is intended to provide for administrative
and professional offices that serve local and regional markets, with limited accessory retail,
financial, service, and entertainment uses. A medical office is one variety of professional
office and allowed by right.
2. While the Project requires a GPA to implement as the proposed floor area exceeds the
development limit of Anomaly No. 34, the Project is consistent with the General Plan as
proposed to be amended.
3. Additionally, the Project is consistent with multiple General Plan policies. The Facts in
support of Findings 1 through 3 are incorporated by reference.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The Property is zoned PC-17 (Corporate Plaza). While PC-17 does not currently allow
medical offices in Building Site 20, the Project would amend the allowed uses of PC-17
to include medical office at Building Site 20. The CUP is only required because the
Applicant requests to waive a portion of the required off-street parking.
2. The Project is consistent with the development standards of PC-17, including the
maximum gross building floor area and the total amount of area that can be used as
medical office, as proposed to be amended.
3. Facts 1 through 4 in support of Finding F below are incorporated by reference.
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Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Fact in Support of Finding:
The Project will add a new medical office to an area of the City that is already developed with
professional offices. The addition of a medical office to Building Site 20 will not change the
operational characteristics of PC-17 as medical office is already an allowed use within other
Building Sites in PC-17. Additionally, the office is small in scale compared to the surrounding
development and its operation is not likely to be noticed by the surrounding tenants and visitors
to the greater PC-17 development.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding:
1. Adequate parking exists to support the proposed medical office use, as discussed in the
Facts 1 through 4 in Support of Finding F below.
2. The Project was reviewed by Fire and Life Safety Services and no concerns were raised
regarding emergency access to the Property.
3. The existing development is within an urban area and is adequately served by existing
public services and utilities.
4. The design of future tenant improvements will comply with all Building, Public Works,
and Fire and Life Safety requirements. Plans for future tenant improvements will be
reviewed prior to the issuance of a building permit.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use.
Fact in Support of Finding:
Fact in Support of Finding C is hereby incorporated by reference.
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Finding:
F. The applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces
or that other parking is available (e.g., City parking lot located nearby, on-street parking
available, greater than normal walk-in trade, mixed-use development).
Facts in Support of Finding:
1. Based on the PC-17 parking requirement of one space per 250 square feet of net floor
area, the Project is required to provide 20 on-site parking spaces. As the conversion of
the private subterranean parking lot into a medical office will leave only 16 spaces, the
Project is deficient four parking spaces.
2. A parking study dated October 13, 2023, was prepared by RK Engineering Group, Inc.
(study). To estimate the existing parking demand PC-17, RK Engineering Group, Inc.
conducted two consecutive weekday surveys. The study then estimates the peak
parking demand for PC-17 by adding the 20 required parking spaces for the Project and
the required parking for any currently vacant suites. The study estimates approximately
47 required parking spaces for the current vacancies within PC-17.
3. The projected demand for a typical weekday condition results in a peak parking demand
occurring at 11:00 a.m. with a total of 1,113 parking spaces occupied and a surplus of
418 available parking spaces.
4. The study was reviewed and accepted by the City’s Traffic Engineer and demonstrates
that PC-17 has an adequate number of parking spaces to accommodate the Project.
Finding:
G. A parking management plan shall be prepared in compliance with subsection (C) of this
section (Parking Management Plan).
Fact in Support of Finding:
As indicated in Facts 2, 3, and 4 in Finding F the study concludes that there is ample parking
within PC-17. Specifically, the parking pool for PC-17 is divided into six parking zones. The
Project is located within Zone 4. Zone 4 is currently improved with 356 spaces. The
observational survey performed by RK Engineering Group, Inc. counted a maximum of 272
occupied spaces within Zone 4. Accounting for the Project, there is still a surplus of parking
within Zone 4, the zone most likely to be used for any potential spillover due to its proximity to
the Project. Given the adequate parking, no parking management plan is required.
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Development Agreement
In accordance with Section 15.45.020(A)(2)(c) (Buildings and Construction, Development
Agreements, Development Agreement Required) of the NBMC, the DA is required as the
Project includes new non-residential development in Statistical Area L-1.
Finding:
H. The Applicant requests a five-year term of agreement, pursuant to Section 15.45.070
(Buildings and Construction, Development Agreement, Amendment/Cancellation) of the
NBMC. The DA satisfies the requirements of Chapter 15.45 (Buildings and Construction,
Development Agreements) of the NBMC.
Facts in Support of Finding:
1. The DA specifies the term of Agreement for a period of five years and describes both
the permitted uses and maximum intensity consistent with the Project. Additionally, the
DA includes all mandatory elements, including public benefits that are appropriate to
support conveying the vested development rights consistent with the City’s General
Plan, NBMC, and Government Code Sections 65864 et seq.
2. Public benefits include the payment of $14 per square foot of construction granted by
the GPA for a total of $37,954.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The Project location does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does
not have a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste site,
and is not identified as a historical resource.
3. The Planning Commission of the City of Newport Beach hereby recommends the City
Council’s approval of Planning Application No. PA2022-0158, which includes a General
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Planning Commission Resolution No. PC2023-045
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Plan Amendment as set forth in Exhibit “B,” Planned Community Development Plan
Amendment as set forth in Exhibit “C,” Conditional Use Permit subject to the Conditions of
Approval as set forth in Exhibit “D,” and a Development Agreement as set forth in Exhibit
“E,” all of which are attached hereto and incorporated by reference.
PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF DECEMBER, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary
ATTACHMENT(S): Exhibit A – Legal Description
Exhibit B – General Plan Amendment
Exhibit C – Planned Community Development Plan Amendment
Exhibit D – Conditions of Approval
Exhibit E – Development Agreement
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EXHIBIT B
GENERAL PLAN AMENDMENT TO ANOMALY NO. 34 OF TABLE LU2 OF THE 2006
NEWPORT BEACH GENERAL PLAN LAND USE ELEMENT
Anomaly
Number
Statistical
Area
Land Use
Designation
Development
Limit (SF)
Development
Limit (Other)
Additional
Information
34 L1 CO-R 471,591
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Planning Commission Resolution No. PC2023-045
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EXHIBIT C
PC-17 PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT
The cover page of the Corporate Plaza (PC-17) Development Plan shall be amended to
read as follows:
CORPORATE PLAZA
PLANNED COMMUNITY DISTRICT REGULATIONS
Amendment No. 728
City Council Resolution No. 92-4
January 13, 1992
Amendment No. 784
City Council Resolution No. 93-96
December 13, 1993
Amendment No. 825
City Council Resolution No. 95-115
October 9, 1995
Amendment No. 889
City Council Ordinance No. 99-27
November 8, 1999
Amendment No. 2004-002
City Council Ordinance No. 2004-13
June 22, 2004
Amendment No. PD2015-003
City Council Ordinance No. 2015-31
November 10, 2015
City Council Ordinance No. 2024-##
January ##, 2024
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Section I (STATISTICAL ANALYSIS) of the PC-17 Development Plan shall be amended to
read as follows:
SECTION I. STATISTICAL ANALYSIS
Corporate Plaza
1. Project Area
Gross Acreage 47.8
Net Acreage 40.4
2. Percentage of Site Coverage
a. Building Footprint 15-20
b. Parking Area 40-45
c. Landscape 40-45
3. Maximum gross building floor area shall not exceed 471,591 square feet.
4. A maximum of 84,928 gross square feet of building floor area may be allocated for
medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17, 20, and 22 only. Of
this 84,928 gross square feet of building floor area, Building Site No. 2 is permitted a
maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is
permitted a maximum 3,100 gross square feet for medical/dental office uses and
Building Site No. 17 is permitted a maximum of 11,200 square feet for medical/dental
office uses on the first floor only, and Building Site No. 20 is permitted a maximum of
5,081 gross square feet on the subterranean level only. There are no restrictions on how
the remaining 63,447 gross square feet can be distributed among Building Sites No. 8,
9, 11 and 22. No medical/dental office uses are permitted on any other building site.
5. The square footage of individual building sites are tentative and subject to adjustment as
long as the limitations on total development are not violated. Any adjustment in the square
footages for each building site shall be reviewed and approved by the Community
Development Director.
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SECTION IV. (BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL), Subsection B
(Permitted Uses), of the PC-17 Development Plan shall be amended to read as follows:
B. Permitted Uses
The following shall be permitted:
1. Retail sales and service of a convenience nature.
2. A maximum of 84,928 gross square feet of building floor area may be allocated for
medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17, 20, and 22 only.
Of this 84,928 gross square feet of building floor area, Building Site No. 2 is
permitted a maximum 2,100 gross square feet for medical/dental office uses,
Building Site No. 3 is permitted a maximum 3,100 gross square feet for
medical/dental office uses and Building Site No. 17 is permitted a maximum of
11,200 square feet for medical/dental office uses on the first floor only, and Building
Site No. 20 is permitted a maximum of 5,081 gross square feet on the subterranean
level only. There are no restrictions on how the remaining 63,447 gross square feet
can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental
office uses are permitted on any other building site.
3. Restaurants, including outdoor, drive-in or take-out restaurants, bars and
theater/nightclubs shall be subject to the securing of a use permit in each 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.
4. Institutional, financial and governmental facilities.
5. Civic, cultural, commercial recreational and recreational facilities.
6. Parking lots, structures and facilities.
7. Drive-up teller units, subject to the review of the on-site parking and circulation plan
by the City Traffic Engineer and approved by the Director of Planning.
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EXHIBIT D
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused the revocation of this Use
Permit.
4. This Use Permit may be modified or revoked by the Planning Commission should they
determine that the proposed uses or conditions under which it is being operated or
maintained are detrimental to the public health, welfare, or materially injurious to
property or improvements in the vicinity or if the property is operated or maintained to
constitute a public nuisance.
5. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require review by the Planning Division and may require an
amendment to this Use Permit or the processing of a new Use Permit.
6. Based upon Parking Study performed by RK Engineering Inc, 418 parking spaces were
identified as surplus parking. Should there be a substantial change to the availability of
on-site parking, or if it is demonstrated that the Project creates a nuisance condition, the
Applicant shall work with the Community Development Director to modify and manage
parking demand.
7. Prior to the issuance of a building permit, the Applicant shall pay all applicable
development fees (i.e., traffic fair share fee, transportation corridor agency), unless
otherwise addressed separately in the Development Agreement.
8. A qualified monitor from or approved by the Gabrieleno Band of Mission Indians - Kizh
Nation shall be retained and compensated as a Native American Monitor for the
project site prior to the commencement of any ground-disturbing activity and to the
completion of ground disturbing activities to monitor grading and excavation activities.
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Planning Commission Resolution No. PC2023-045
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9. A copy of the executed monitoring agreement shall be submitted to the City prior to the
commencement of any ground-disturbing activity, or the issuance of any permit
necessary to commence a ground-disturbing activity.
10. The monitors shall complete daily monitoring logs that will provide descriptions of the
relevant ground-disturbing activities, the type of construction activities performed,
locations of ground-disturbing activities, soil types, cultural-related materials, and any
other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs
will identify and describe any discovered tribal cultural resources (TCR), including but not
limited to, Native American cultural and historical artifacts, remains, places of
significance, etc., as well as any discovered Native American (ancestral) human remains
and burial goods. Copies of monitor logs shall be provided to the project applicant/City
upon written request to the monitors.
11. On-site tribal monitoring shall conclude upon the latter of the following (1) written
confirmation to the Kizh Nation from a designated point of contact for the project
applicant that all ground-disturbing activities and phases that may involve ground-
disturbing activities on the project site or in connection with the project are complete; or
(2) a determination and written notification by the consulting tribe to the project applicant
that no future, planned construction activity and/or development/construction phase at
the project site possesses the potential to impact TCRs of the consulting tribe.
12. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the
discovery shall cease (i.e., within the surrounding 50 feet) and shall not resume until the
discovered TCR has been fully assessed by the monitor and/or archaeologist. The
monitors will recover and retain all discovered TCRs in the form and/or manner the tribes
deem appropriate, in the tribes’ sole discretion in coordination with the applicant, and for
any purpose the tribes deem appropriate, including for educational, cultural and/or
historic purposes.
13. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or
cremation, and in any state of decomposition or skeletal completeness. Funerary objects,
called associated grave goods in Public Resources Code Section 5097.98, are also to be
treated according to this statute.
14. If Native American human remains and/or grave goods are discovered or recognized on
the project site, then Public Resource Code 5097.9 as well as Health and Safety Code
Section 7050.5 shall be followed.
15. Human remains and grave/burial goods shall be treated alike per California Public
Resources Code section 5097.98(d)(1) and (2).
16. Preservation in place (i.e., avoidance) is the preferred manner of treatment for
discovered human remains and/or burial goods.
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Planning Commission Resolution No. PC2023-045
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17. Any discovery of human remains/burial goods shall be kept confidential to prevent further
disturbance.
18. Prior to the issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “C” shall be incorporated into the Building Division and field sets of
plans.
19. Prior to the issuance of a building permit, the Applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Conditional Use Permit file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include architectural
sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall
accurately depict the elements approved by this Conditional Use Permit and shall
highlight the approved elements such that they are readily discernible from other
elements of the plans.
20. All landscape materials and irrigation systems shall be maintained by the approved
landscape plan. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
21. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, in the opinion of the Director
of Community Development, the illumination creates an unacceptable negative impact on
surrounding land uses or environmental resources. The Director may order the dimming
of light sources or other remediation upon finding that the site is excessively illuminated.
22. Before the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
23. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified periods unless the ambient noise level is higher:
Between the hours of 7:00 a.m.
and 10:00 p.m.
Between the hours of 10:00
p.m. and 7:00 a.m.
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
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Planning Commission Resolution No. PC2023-045
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24. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or leasing agent.
25. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday,
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are
not allowed on Sundays, or Holidays.
26. No outside paging system shall be utilized in conjunction with this establishment.
27. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
28. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
29. The exterior of the business shall be always maintained free of litter and graffiti. The owner
or operator shall provide for daily removal of trash, litter debris, and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
30. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
31. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the
Director of Community Development and may require an amendment to this Use Permit.
32. Storage outside of the building in the front or at the rear of the property shall be
prohibited, except for the required trash container enclosure.
33. A Special Events Permit is required for any event or promotional activity outside the
normal operating characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
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Planning Commission Resolution No. PC2023-045
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34. This conditional use permit shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport
Beach Municipal Code, unless an extension is otherwise granted.
35. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (including without limitation, attorney’s fees, disbursements, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City’s approval of Baldwin & Sons Medical Office including, but not limited
to the Conditional Use Permit filed as PA2022-158. This indemnification shall include, but
not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees,
and other expenses incurred in connection with such claim, action, causes of action, suit,
or proceeding whether incurred by the Applicant, City, and/or the parties initiating or
bringing the such proceeding. The Applicant shall indemnify the City for all the City's costs,
attorneys' fees, and damages that which City incurs in enforcing the indemnification
provisions outlined in this condition. The Applicant shall pay to the City upon demand any
amount owed to the City under the indemnification requirements prescribed in this
condition.
Fire Department
36. The additional enclosed gross floor area shall be protected by a fire sprinkler system
and fire alarm system.
Building Division
37. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
38. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division and Code and Water Quality Enforcement Division. The WQMP
shall provide appropriate Best Management Practices (BMPs) to ensure that no
violations of water quality standards or waste discharge requirements occur.
Public Works Department
39. The drive aisles between columns shall be a minimum of 14-feet wide as depicted on
Sheet A-1 of the plans stamped and dated with the date of this approval.
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40. The parking layout shall comply with City Standard 805. Dead end drive aisle shall be
accompanied by a dedicated turnaround space and minimum 5-foot drive aisle
extension.
41. A new sewer clean out shall be installed on all existing sewer laterals in accordance with
City Standard 406.
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Planning Commission Resolution No. PC2023-045
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EXHIBIT “E”
DEVELOPMENT AGREEMENT
39
Exhibit “E”
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884
Attn: City 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
BALDWINE BONE PROPERTIES, LLC
CONCERNING
“20 CORPORATE PLAZA”
40
-1-
DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Sections 65864-65869.5)
This DEVELOPMENT AGREEMENT (the “Agreement”) is dated for reference purposes
as of the __ day of __________, 2024 (the “Agreement Date”), and is being entered into by and
between the City of Newport Beach (“City”), and Baldwin Bone Properties, LLC, a California
limited liability company “Property Owner”). City and Property Owner are sometimes collectively
referred to in this Agreement as the “Parties” and individually as a “Party.”
RECITALS
A. Property Owner is the owner of that certain real property located in the City of
Newport Beach, County of Orange, State of California commonly referred to as 20 Corporate Plaza
and more particularly described in the legal description attached as Exhibit “A” and depicted on
the site map attached hereto as Exhibit “B” (“Property”). The Property consists of approximately
____ square feet and is a part of the Corporate Plaza Planned Community as shown on the City’s
Zoning Map.
B. In order 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 in order 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 (the “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” (the “Development Agreement Ordinance”). This Agreement is
consistent with the Development Agreement Ordinance.
D. The Parties wish to enter into Agreement for the conversion of 12 parking spaces
into a 5,081 square foot medical office.
E. As detailed in Section 3 of this Agreement, Property Owner has agreed to provide
the following significant public benefits as consideration for this Agreement: fourteen dollars per
square foot of construction granted by the general plan amendment for a total sum of Thirty-Seven
Thousand Nine Hundred Fifty-Four Dollars ($37,954.00).
F. This Agreement is consistent with the City of Newport Beach General Plan
(“General Plan”), including without limitation the General Plan’s designation of the Property as
Regional Commercial Office (CO-R) and the Corporate Plaza Planned Community in order to
establish appropriate zoning to regulate land use and development of property within the general
boundaries of the Corporate Plaza Planned Community.
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G. In recognition of the significant public benefits that this Agreement provides, the
City Council finds 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, City’s police power; and (iv) 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.
H. On December 21, 2023, City’s Planning Commission held a public hearing on this
Agreement, and made findings and determinations with respect to this Agreement, and
recommended to the City Council that the City Council approve this Agreement.
I. On [INSERT DATE], the City Council held a public hearing on this Agreement
and considered the Planning Commission’s recommendations and the testimony and information
submitted by City staff, Property Owner, and members of the public. On [INSERT DATE],
consistent with applicable provisions of the Development Agreement Statute and Development
Agreement Ordinance, the City Council adopted its Ordinance No. 2024-___ (the “Adopting
Ordinance”), finding this Agreement to be consistent with the City of Newport Beach General Plan
and approving this Agreement.
AGREEMENT
NOW, THEREFORE, City and Property Owner 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.
“Adopting Ordinance” shall mean City Council Ordinance No. 2024-___ approving and
adopting this Agreement.
“Agreement” shall mean this Development Agreement, as the same may be amended from
time to time.
“Agreement Date” shall mean INSERT DATE which date is the date the City Council
adopted the Adopting Ordinance.
“CEQA” 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, Section 15000 et seq.)
(“CEQA Guidelines”), as the same may be amended from time to time.
“City” shall mean the City of Newport Beach, a California charter city.
“City Council” shall mean the governing body of City.
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“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, Bureau of Labor Statistics for all urban consumers (all items)
for the Los Angeles-Long Beach-Anaheim, California Area, All Urban Consumers, All Items,
Base Period (1982-84=100), 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.
“Development Agreement Ordinance” shall mean Chapter 15.45 of the City of Newport
Beach Municipal Code.
“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) the amendment to the Corporate Plaza Planned Community (PC-17) as
amended by Ordinance No. 2024-__; (3) General Plan Amendment adopted pursuant to Resolution
No. 2024-___; and (4) Conditional Use Permit adopted pursuant to Resolution No. 2024-___.
“Development Regulations” shall mean the following regulations as they are in effect as
of the Agreement 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 Agreement Date that impairs or restricts Property Owner’s rights set forth in
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this Agreement, unless such amendment or modification is expressly authorized by this Agreement
or is agreed to by Property Owner in writing: the General Plan, the Development Plan, and, to the
extent not expressly superseded by the Development Plan or this Agreement, all other land use
and subdivision regulations governing the permitted uses, density and intensity of use, design,
improvement, and construction standards and specifications, procedures for obtaining required
City permits and approvals for development, and similar matters that may apply to development
of the Project on the Property during the Term of this Agreement that are set forth in Title 15 of
the Municipal Code (buildings and construction), Title 19 of the Municipal Code (subdivisions)
and Title 20 of the Municipal Code (planning and zoning), but specifically excluding all other
sections of the Municipal Code, including without limitation Title 5 of the Municipal Code
(business licenses and regulations). 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 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 entry upon public property; or (v) the exercise of the power of eminent domain.
“Effective Date” shall mean the latest of the following dates, as applicable: (i) the date that
is thirty (30) 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; or (iii) if a lawsuit is timely filed challenging the validity of the
Adopting Ordinance, this Agreement, 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, which 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. 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 seq., 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 seq., as amended (“RCRA”); the Emergency
Planning and Community Right to Know Act of 1986, 42 U.S.C. Sections 11001 et seq., as
amended; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., as
amended; the Clean Air Act, 42 U.S.C. Sections 7401 et seq., 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 seq., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7
U.S.C. Sections 136 et seq., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. Sections
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300f et seq., as amended; the Federal Radon and Indoor Air Quality Research Act, 42 U.S.C.
Sections 7401 et seq., as amended; the Occupational Safety and Health Act, 29 U.S.C. Sections
651 et seq., as amended; and California Health and Safety Code Section 25100, et seq.
“General Plan” shall mean City’s 2006 General Plan adopted by the City Council on July
25, 2006, by Resolution No. 2006-76, as amended through the Agreement Date but excluding any
amendment after the Agreement Date that impairs or restricts Property Owner’s rights set forth in
this Agreement, unless such amendment is expressly authorized by this Agreement, is authorized
by Sections 8 or 9, or is specifically agreed to by Property Owner. 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.
“Party” or “Parties” shall mean either City or Property Owner or both, as determined by
the context.
“Project” shall mean all on-site and off-site improvements that Property Owner is
authorized and/or may be required to construct with respect to each parcel of the Property, 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 described in Exhibit “A” and generally depicted on Exhibit “B”.
Homes “Property Owner” shall mean Baldwin Bone Properties, LLC, a California limited
liability company and any successor or assignee to all or any portion of the right, title, and interest
in and to ownership of all or a portion of the Property.
“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 Property Owner is permitted to obtain to Develop the Project on and with
respect to the Property after the Agreement Date consistent with the Development Regulations.
“Term” shall have the meaning ascribed in Section 2.4 of this Agreement.
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“Termination Date” and “Lot 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.
2. General Provisions.
2.1 Plan Consistency, Zoning Implementation.
This Agreement and the Development Regulations applicable to the Property are consistent
with the General Plan and the Corporate Plaza Planned Community Development Plan (PC-17) as
amended by the approvals in the Development Plan adopted concurrently herewith (including but
not limited to the amendment to the General Plan and Corporate Plaza Planned Community
Development Plan (PC-17).
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 Property Owner Representations and Warranties Regarding Ownership of the Property and
Related Matters Pertaining to this Agreement.
Property Owner and each person executing this Agreement on behalf of Property Owner
hereby represents and warrants to City as follows: (i) Property Owner or any co-owner comprising
Property Owner is a legal entity and that such entity is duly formed and existing and is authorized
to do business in the State of California; (ii) if Property Owner or any co-owner comprising
Property Owner is a natural person that such natural person has the legal right and capacity to
execute this Agreement; (iii) that all actions required to be taken by all persons and entities
comprising Property Owner to enter into this Agreement have been taken and that Property Owner
has the legal authority to enter into this Agreement; (iv) Property Owner’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 Property Owner or any person or entity comprising
Property Owner has to any third party; (v) that neither Property Owner nor any co-owner
comprising Property Owner is the subject of any voluntary or involuntary petition in bankruptcy;
and (vi) Property Owner has the authority and ability to enter into or perform any of its obligations
set forth in this Agreement.
2.4 Term.
The term of this Agreement (the “Term” shall commence on the Effective Date and
continue until ____________ 20__, unless otherwise terminated or modified pursuant to its terms.
Notwithstanding any other provision set forth in this Agreement to the contrary, if any
Party reasonably determines that the Effective Date will not occur because (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
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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 written notice of termination to the other
Party, in which event neither Party shall have any further rights or obligations hereunder except
that Property Owner’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 fifth (5th)
anniversary of the Effective Date; (ii) such earlier date that this Agreement may be terminated in
accordance with Articles 5, 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 Property Owner’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 Property Owner
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, Property Owner shall pay to City a fee that shall be in addition to any other fee or
charge to which the Property and the Project would otherwise be subject to (herein, the “Public
Benefit Fee”) in the total sum of Thirty-Seven Thousand Nine Hundred Fifty-Four Dollars
($37,954.00) which shall be due and payable prior to the issuance of the first building permit for
the Project.
The City has not designated a specific project or purpose for the Public Benefit Fee. Owner
acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to
pay the Public Benefit Fee and that its obligation to pay the Public Benefit Fee is an essential term
of this Agreement and is not severable from City’s obligations and Owner’s vested rights to be
acquired hereunder, and that Owner 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 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
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for Owner’s default, if Owner 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.
3.2 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 first 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 applicable
Adjustment Date shall in each instance be calculated based on the then most recently available CPI
Index figures such that, for example, if the Effective Date of this Agreement falls on July 1 and
the most recently available CPI Index figure on the first Adjustment Date (January 1 of the
following year) is the CPI Index for November of the preceding year, the percentage increase in
the CPI Index for that partial year (a 6-month period) shall be calculated by comparing the CPI
Index for November of the preceding year with the CPI Index for May of the preceding year (a 6-
month period). In no event, however, shall application of the CPI Index reduce the amount of the
Public Benefit Fee (or unpaid portion thereof) below the amount in effect prior to any applicable
Adjustment Date.
3.2 Other Public Benefits.
4. Development of Project.
4.1 Applicable Regulations; Property Owner’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)
Property Owner 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 City’s discretion with respect to (i) review and approval requirements
contained in the Development Regulations, (ii) exercise of any discretionary authority City retains
under the Development Regulations, (iii) the approval, conditional approval, or denial of any
Subsequent Development Approvals applied for by Property Owner, or that are required, for
Development of the Project as of the Agreement Date provided that all such actions are consistent
with the Development Regulations, 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
referred to in clauses (i)-(iv) of this sentence, City reserves its full discretion to the same extent
City 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 Property Owner’s rights with respect
to any laws, regulations, rules, or official policies of any other 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
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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.
Property Owner has expended and will continue to expend substantial amounts of time and
money in the planning and entitlement process to permit Development of the Project in the future.
Property Owner represents and City acknowledges that Property Owner would not make these
expenditures without this Agreement, and that Property Owner is and will be making these
expenditures in reasonable reliance upon obtaining vested rights to Develop the Project as set forth
in this Agreement.
Property Owner may apply to City for permits or approvals necessary to modify or amend
the Development specified in the Development Regulations, provided that unless this Agreement
also is amended, 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. In addition, Property Owner may apply to City for approval of minor
amendments to existing tentative tract maps, tentative parcel maps, 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 Agreement Date to the extent it conflicts with this Agreement. 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 Property Owner shall have the vested right
to Develop the Project on and with respect to the Property at the rate, timing, and sequencing that
Property Owner deems appropriate within the exercise of Property Owner’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 Agreement 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 Property Owner’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 Regulations. 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 Property
Owner 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 Property Owner, 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 Property
Owner 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, Property Owner 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 Property Owner and the Project in the absence of this Agreement; provided, however, that to
the extent the scope and extent of a particular Development Exaction (excluding any development
impact fee) for the Project has been established and fixed by City in the conditions of approval for
any of the Development Regulations approved on or before the Agreement Date, City shall not
alter, increase, or modify said Development Exaction in a manner that is inconsistent with such
Development Regulations without Property Owner’s prior written consent or as may be otherwise
required pursuant to overriding federal or state laws or regulations (Section 4.3.5 hereinbelow). In
addition, nothing in this Agreement is intended or shall be deemed to vest Property Owner 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; (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 Chapter 3.12 of City’s Municipal Code.
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4.3.5 Overriding Federal and State Laws and Regulations. Federal and state laws
and regulations that override Property Owner’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) Property Owner 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 Property Owner
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 Property Owner 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 Property Owner agree to preserve the terms of this Agreement and the rights of Property
Owner as derived from this Agreement to the maximum feasible extent while resolving the
conflict. City agrees to cooperate with Property Owner at no cost to City in resolving the conflict
in a manner which minimizes any financial impact of the conflict upon Property Owner. City also
agrees to process in a prompt manner Property Owner’s proposed changes to this Agreement, 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 Property Owner’s vested
rights under this Agreement.
4.3.7 Uniform Building Standards. Existing and future building and building-
related standards set forth in the uniform 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 Property Owner 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 Property Owner
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 that
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inadequate utility capacity exists to adequately serve the Project at the time Development is
scheduled to commence.
5. 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 Property
Owner.
6. Enforcement. Unless this Agreement is amended, canceled, modified, or suspended as
authorized herein or pursuant to California Government Code Section 65869.5, 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 Property Owner’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. Property Owner (including any successor to the Property Owner executing
this Agreement on or before the Agreement Date) shall pay City a reasonable fee in an amount
City may reasonably establish from time to time to cover the actual and necessary 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 Property Owner Obligation to Demonstrate Good Faith Compliance.
During each annual review by City, Property Owner is required to demonstrate good faith
compliance with the terms of the Agreement. Property Owner agrees to furnish such evidence of
good faith compliance as City, in the reasonable exercise of its discretion, may require, thirty (30)
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 Property Owner has, for the period
under review, complied with the terms of this Agreement. If the Zoning Administrator finds that
Property Owner has so complied, the annual review shall be concluded. If the Zoning
Administrator finds, on the basis of substantial evidence, that Property Owner has not so complied,
written notice shall be sent to Property Owner by first class mail of the Zoning Administrator’s
finding of non-compliance, and Property Owner 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 Property
Owner, Property Owner must commence the cure within such thirty (30) calendar days and
diligently pursue such cure to completion. If Property Owner 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.
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7.4 Annual Review a Non-Exclusive Means for Determining and Requiring Cure of Property
Owner’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 Property Owner 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 (ten (10) 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
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 Property Owner notice of default and may immediately
pursue remedies for a Property Owner Default that result in an immediate threat to public health,
safety or welfare.
8.2 Default by Property Owner.
If Property Owner is alleged to have committed a non-monetary Default and it disputes the claimed
Default, it may make a written request for an appeal hearing before the City Council within ten
(10) days of receiving the Notice of Default, and a public hearing shall be scheduled at the next
available City Council meeting to consider Property Owner’s appeal of the Notice of Default.
Failure to appeal a Notice of Default to the City Council within the ten (10) day period shall waive
any right to a hearing on the claimed Default. If Property Owner’s appeal of the Notice of Default
is timely and in good faith but after a public hearing of Property Owner’s appeal the City Council
concludes that Property Owner is in Default as alleged in the Notice of Default, the accrual date
for commencement of the thirty (30) day Cure Period provided in Section 8.1 shall be extended
until the City Council’s denial of Property Owner’s appeal is communicated to Property Owner in
writing.
8.3 City’s Option to Terminate Agreement.
In the event of an alleged Property Owner Default, City may not terminate this Agreement
without first delivering a written Notice of Default and providing Property Owner with the
opportunity to cure the Default within the Cure Period, as provided in Section 8.1, and complying
with Section 8.2 if Property Owner 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
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of a Default. The validity of any termination may be judicially challenged by Property Owner.
Any such judicial challenge must be brought within thirty (30) days of service on Property Owner,
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 Property Owner alleges a City Default and alleges that the City has not cured the Default
within the Cure Period, Property Owner may pursue any equitable remedy available to it under
this Agreement, 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 Property Owner’s performance hereunder shall neither be a Property Owner
Default nor constitute grounds for termination or cancellation of this Agreement by City and shall,
at Property Owner’s option (and provided Property Owner delivers written notice to City within
thirty (30) 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 either 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.
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 Property Owner 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. Property Owner 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 Property Owner or City for such efforts. For the
above reasons, City and Property Owner agree that damages would not be an adequate remedy if
either City or Property Owner fails to carry out its obligations under this Agreement. Therefore,
specific performance of this Agreement is necessary to compensate Property Owner if City fails
to carry out its obligations under this Agreement or to compensate City if Property Owner 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 either 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 Property Owner as set forth herein; and (ii) nothing in this Section 8.7 is intended or
shall be interpreted to limit or restrict Property Owner’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. Owner expressly agrees that the City, any City agencies
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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. Owner hereby expressly waives any such monetary damages against
the City. The sole and exclusive judicial remedy for Owner 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 Property Owner’s Default.
In the event of any Default by Property Owner, 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 Property
Owner’s Default without recourse from Property Owner or its successors or assigns.
8.9 No Personal Liability of City 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.
8.10 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.
Neither 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 Property Owner’s obligation to pay Public Benefit Fees,
be extended pursuant to this Section.
10. Indemnity Obligations of Property Owner.
10.1 Indemnity Arising From Acts or Omissions of Property Owner.
Property Owner shall indemnify, defend, and hold harmless City and City’s officials,
employees, agents, attorneys, and contractors (collectively, the “City’s Affiliated Parties”) from
and against all suits, claims, liabilities, losses, damages, penalties, obligations, and expenses
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(including but not limited to attorneys’ fees and costs) (collectively, a “Claim”) that may arise,
directly or indirectly, from the acts, omissions, or operations of Property Owner or Property
Owner’s agents, contractors, subcontractors, agents, or employees in the course of Development
of the Project or any other activities of Property Owner relating to the Property or pursuant to this
Agreement. City shall have the right, in its sole discretion, to select and retain counsel to defend
any Claim filed against City and/or any of City’s Affiliated Parties, and Property Owner shall pay
the reasonable cost for defense of any Claim. 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, Property Owner shall
indemnify, defend, and hold harmless City and City’s Affiliated Parties from and against any
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. Said indemnity obligation shall include payment of attorney’s fees, expert witness
fees, City staff costs, and court costs. City shall promptly notify Property Owner of any such
Claim and City shall cooperate with Property Owner in the defense of such Claim. If City fails to
promptly notify Property Owner of such Claim, Property Owner shall not be responsible to
indemnify, defend, and hold City harmless from such Claim until Property Owner is so notified
and if City fails to cooperate in the defense of a Claim Property Owner 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 defense costs for its separate counsel shall be included in Property
Owner’s indemnity obligation, provided that such counsel shall reasonably cooperate with
Property Owner in an effort to minimize the total litigation expenses incurred by Property Owner.
In the event either City or Property Owner recovers any attorney’s fees, expert witness fees, costs,
interest, or other amounts from the party or parties asserting the Claim, Property Owner shall be
entitled to retain the same (provided it has fully performed its indemnity obligations hereunder).
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 Environmental Indemnity.
In addition to its indemnity obligations set forth in Section 10.1, from and after the
Agreement Date Property Owner 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 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 Property Owner in connection with Property Owner’s Development of the Project.
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The foregoing indemnity obligations shall not apply to any Hazardous Substance placed or stored
on a separate legal lot within the Property after the Lot Termination Date for said lot, as provided
in Section 2.4 of this Agreement. The indemnity provisions in this Section 10.3 shall commence
on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the
Termination Date.
11. Assignment.
Property Owner shall have the right to sell, transfer, or assign (hereinafter, collectively, a
“Transfer”) Property Owner’s interest in or fee title to the Property, in whole or in part, to any
person, partnership, joint venture, firm, or corporation (which successor, as of the effective date
of the Transfer, shall become the “Property Owner” 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
Property Owner’s rights, duties, and 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 Property Owner’s rights or
interest under this Agreement shall be made unless made together with the Transfer of all or a part
of the Property; and (ii) prior to the effective date of any proposed Transfer, Property Owner (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
Property Owner and in a form subject to the reasonable approval of the City Attorney of City (or
designee), pursuant to which the transferring Property Owner assigns to the successor Property
Owner and the successor Property Owner assumes from the transferring Property Owner all of the
rights and obligations of the transferring Property Owner with respect to 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 off of the portion of the Property so Transferred that are
a condition precedent to the successor Property Owner’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 Owner 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 Owner with respect to the
balance of the Property, without Owner’s written consent.
Notwithstanding any Transfer, the transferring Property Owner shall continue to be jointly
and severally liable to City, together with the successor Property Owner, to perform all of the
transferred obligations set forth in or arising under this Agreement unless the transferring Property
Owner is given a release in writing by City, which release shall be only with respect to the portion
of the Property so Transferred in the event of a partial Transfer. City shall provide such a release
upon the transferring Property Owner’s full satisfaction of all of the following conditions: (i) the
transferring Property Owner 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 Property Owner
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 Property
Owner has provided City with the notice and the fully executed written and recordable assignment
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and assumption agreement required as set forth in the first paragraph of this Section 11; and (iv)
the successor Property Owner either (A) provides City with substitute security equivalent to any
security previously provided by the transferring Property Owner to City to secure performance of
the successor Property Owner’s obligations hereunder with respect to the Property or the portion
of the Property so Transferred or (B) if the transferred obligation in question is not a secured
obligation, the successor Property Owner either provides security reasonably satisfactory to City
or otherwise demonstrates to City’s reasonable satisfaction that the successor Property Owner 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)
and/or (B) shall be documented in writing.
12. Mortgagee Rights.
12.1 Encumbrances on Property.
The Parties agree that this Agreement shall not prevent or limit Property Owner 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 Mortgagee 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 Property Owner
or other affirmative covenants of Property Owner, 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 Property Owner 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 Property Owner of its obligations set forth in this Agreement.
Each Mortgagee shall have a further right, but not an obligation, to cure the Default within
ten (10) days after receiving a Notice of Default with respect to a monetary Default and within
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thirty (30) 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
thirty (30) 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 thirty (30)-day
period. In the case of a non-monetary Default that cannot with diligence be remedied or cured
within thirty (30) 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 thirty (30) days and diligently prosecutes the cure to completion.
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 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 of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Attorney
TO PROPERTY OWNER: Baldwin Bone Properties, LLC
20 Corporate Plaza Drive
Newport Beach, CA 92660
Attention : Shawn Baldwin
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With a copy to:
Either Party may change the address stated in this Section 13.1 by delivering notice to the other
Party in the manner provided in this Section 13.1, and thereafter notices to such Party 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 (iii) three business days
after deposit in the mail as provided above.
14.3 Project as a Private Undertaking.
Any future Development of the Project is a private undertaking. Neither Party will be
acting as the agent of the other in any respect, and each Party will be 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
relationship between the Parties is that of a government entity regulating the Development of
private property by the owner or user 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, either Party may deliver written notice to the other Party requesting that 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.
The Party requested to furnish an estoppel certificate shall execute and return the certificate
within thirty (30) days following receipt. Requests for the City to furnish an estoppel certificate
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shall include reimbursement for all administrative costs incurred by the City including reasonable
attorney’s fees incurred by the City in furnishing an estoppels certificate.
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.
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
neither 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 Property Owner shall not receive any of the
benefits of this Agreement if any of Property Owner’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 Property Owner shall cooperate as required, despite this Agreement, should third party
litigation result in the nonperformance of Property Owner’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.
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14.12 Construction.
This Agreement has been drafted after negotiation and revision. Both City and Property
Owner are sophisticated parties who were represented by independent counsel throughout the
negotiations or City and Property Owner had the opportunity to be so represented and voluntarily
chose to not be so represented. City and Property Owner 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 applicable principle or presumptions of contract construction or interpretation, if
any, shall be used to construe the whole or any part of this Agreement in favor of or against either
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. All provisions of this
Agreement shall be enforceable as equitable servitudes and constitute covenants running with the
land. Each covenant to do or refrain from doing some act hereunder with regard to Development
of the Property: (i) is 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 Section 11.
14.14 No Third Party Beneficiaries.
The only Parties to this Agreement are City and Property Owner. 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 internal 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.
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14.17 Incorporation of Recitals and Exhibits.
All of the Recitals are incorporated into this Agreement by this reference. Exhibits A and
B are attached to this Agreement and incorporated by this reference as follows:
EXHIBIT
DESIGNATION DESCRIPTION
A Legal Description of Property
B Depiction of the Property
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
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.
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SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT
“OWNER”
Baldwin Bone, LLC, a California limited
liability company
By: ____________________________
Name: ____________________________
Title: ____________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
“CITY”
CITY OF NEWPORT BEACH, a municipal
corporation and charter city
, Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
Aaron C. Harp, City Attorney
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STATE OF CALIFORNIA
COUNTY OF ORANGE
On _____________________, before me, the undersigned, a Notary Public in and for said State,
personally appeared _____________________ and _____________________, personally known
to me to be the persons whose names are subscribed to the within instrument and acknowledged
to me that they executed the same in their authorized capacities and that by their signature on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
Witness my hand and official seal.
Notary Public in and for
said County and State
STATE OF CALIFORNIA
COUNTY OF ORANGE
On _____________________, before me, the undersigned, a Notary Public in and for said State,
personally appeared _____________________ and _____________________, personally known
to me to be the persons whose names are subscribed to the within instrument and acknowledged
to me that they executed the same in their authorized capacities and that by their signature on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
Witness my hand and official seal.
Notary Public in and for
said County and State
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A10-00773 v4 01.06.11 FINAL
i
EXHIBIT B
DEPICTION OF PROPERTY
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Attachment No. PC 2
Project Plans
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Manufacturer: Viking Access Systems - Vehicular Gate Operator
(Please find attached an image with the Manufacturer
information. This is located on the gate equipment.)
Model number: H-10 SN#:6015-10NX-3709
Gate Operations:
•Gate operates 24 hours a day, seven days per week.
•Gate access provided with headlamp stickers for employees.
•Keypad access available with code input.
•Knox box for fire department installed.
•Gate fail safe position is open.
•Gate may be opened manually through access to gate
equipment directly.
GATE NOTES:
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Attachment No. PC 3
Redline/Strike Out PC Text
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CORPORATE PLAZA
PLANNED COMMUNITY DISTRICT REGULATIONS
Amendment No. 728
City Council Resolution No. 92-4
January 13, 1992
Amendment No. 784
City Council Resolution No. 93-96
December 13, 1993
Amendment No. 825
City Council Resolution No. 95-115
October 9, 1995
Amendment No. 889
City Council Ordinance No. 99-27
November 8, 1999
Amendment No. 2004-002
City Council Ordinance No. 2004-13
June 22, 2004
Amendment No. PD2015-003
City Council Ordinance No. 2015-31
November 10, 2015
City Council Ordinance No. 2024-##
January 23, 2024
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TABLE OF CONTENTS
Introduction................................................................................................................. Page 3
SECTION I STATISTICAL ANALYSIS...................... Page 4
SECTION II GENERAL NOTES................................... Page 5
SECTION III DEFINITIONS............................................ Page 7
SECTION IV BUSINESS, PROFESSIONAL, MEDICAL
AND COMMERCIAL…………………. Page 8
Sub-Section A Intent.............................................................. Page 8
Sub-Section B Permitted Uses............................................. Page 8
Sub-Section C Building Location........................................ Page 8
Sub-Section D Building Height............................................ Page 9
Sub-Section E Parking........................................................... Page 9
Sub-Section F Landscaping.................................................. Page 9
Sub-Section G Loading Areas.............................................. Page
10
Sub-Section H Storage Areas............................................... Page
10
Sub-Section I Refuse Collection Areas............................. Page 10
Sub-Section J Telephone and Electrical Service............. Page 11
Sub-Section K Signs............................................................... . Page
11
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INTRODUCTION
The Corporate Plaza Planned Community District for the City of Newport Beach is a part
of the Newport Center Development in conjunction with the South Irvine Ranch General
Land Use Plan and the Newport Beach General Plan which was adopted in December
1973.
The purpose of this PC (Planned Community) District is to provide a method whereby
property may be classified and developed for commercial activity, professional, business,
and medical offices. The specifications of this district are intended to provide flexibility in
both the land use and development standards for the planned building groups.
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SECTION I. STATISTICAL ANALYSIS
Corporate Plaza
1. Project Area
Gross Acreage 47.8
Net Acreage 40.4
2. Percentage of Site Coverage
a. Building Footprint 15-20
b. Parking Area 40-45
c. Landscape 40-45
3. Maximum gross building floor area shall not exceed 471,591 468,880 square feet.
4. A maximum of 79,84784,928 gross square feet of building floor area may be
allocated for medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17, 20,
and 22 only. Of this 84,92879,847 gross square feet of building floor area, Building
Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office
uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for
medical/dental office uses and Building Site No. 17 is permitted a maximum of
11,200 square feet for medical/dental office uses on the first floor only, and
Building Site No. 20 is permitted a maximum of 5,081 gross square feet on the
subterranean level only. There are no restrictions on how the remaining 63,447
gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No
medical/dental office uses are permitted on any other building site.
5. The square footage of individual building sites are tentative and subject to
adjustment as long as the limitations on total development are not violated. Any
adjustment in the square footages for each building site shall be reviewed and
approved by the Planning Director.
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SECTION II. GENERAL NOTES
1. Grading outside an area submitted under the Planned Development Ordinance but
within the Planned Community area will be permitted upon securing of a grading
permit.
2. Water within the Planned Community area will be furnished by the City of
Newport Beach.
3. Sewage disposal facilities within the Planned Community will be provided by
Orange County Sanitation District No. 5.
4. The subject property is within the City of Newport Beach. The Developer will
provide the necessary flood protection facilities under the jurisdiction of the City of
Newport Beach.
5. Erosion control provisions shall be carried out on all areas of the Planned
Community in a manner meeting the approval of the Director of Planning.
6. Except as otherwise stated in this Ordinance, the requirements of the Newport
Beach Zoning Code shall apply.
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 provisions of Newport Beach's Uniform Building Code
and the various mechanical codes related thereto.
7. Parking lot lighting shall be subject to the review and approval of the Director of
Planning. Parking lot lighting shall be designed in a manner so as to minimize
impacts on adjacent residential areas.
8. All mechanical appurtenances on building roof tops and utility vaults shall be
screened from street level view in a manner meeting the approval of the Director of
Planning.
9. Prior to the issuance of grading permits, the site shall be examined to determine the
existence and extent of archaeological and paleontological resources in accordance
with adopted City polices.
10. Any future signal light on East Pacific Coast Highway at the private street
intersection will be the responsibility of The Irvine Company.
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11. The on-site parking, vehicular circulation and pedestrian circulation systems shall
be reviewed and approved by the Traffic Engineer.
12. The intersections at private streets and drives shall be designed to provide sight
distance for a speed of 30 miles per hour. Slopes, landscaping, walls and other
obstructions shall be considered in the sight distance requirements. Landscaping
within the sight line shall not exceed twenty-four inches in height. The sight
distance requirement may be modified at non-critical locations, subject to approval
of the Traffic Engineer.
13. Prior to occupancy of any structures, easements for public emergency and security
ingress, egress and public utility purposes shall be dedicated to the City over all
private streets.
14. Prior to issuance of a grading permit, the master plans of water, sewer and storm
drain facilities shall be reviewed and updated to current standards and any
modifications or extensions to the existing storm drain, water and sewer systems
shown to be required by the review shall be the responsibility of the developer
unless otherwise provided for through an agreement with the property owner. The
review of the storm drain master plan will require the submittal of hydrology and
hydraulic studies to the Public Works Department for review and approval. The
hydrology study shall include both on-site and off-site drainage to determine the
measures necessary to protect the subject development from flooding during a 100
year storm frequency. The developer may be required to install retention basins
upstream from the proposed development or enlarge the existing downstream
storm drain system to satisfy the requirement.
15. The northerly entrance/exit on Avocado Avenue shall be designed for a right turn
in and out, ONLY. The design shall provide for an island that restricts left turns.
This requirement may be waived if the driveway lines up with the access to the
parcel easterly of Avocado Avenue and the City incurs no additional costs to
relocate their proposed access to the library site.
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SECTION III. DEFINITIONS
Advertising Surface of a Sign
The total area of the face of the sign structure, excluding supports.
Area of Elevation
Total height and length of a building as projected to a vertical plane.
Setbacks from Street Corners
Setbacks from street corners shall be established as that point of intersection of the
required setback lines from access streets, prolonged to point of intersection.
Entitlement Gross Floor Area
The area of a building or portion thereof including the surrounding exterior walls.
Any finished portion of a building which measures more than 4 feet from finished floor to
ceiling and is accessible shall be included in calculations of gross floor area.
Areas utilized for stairwells and elevator shafts shall be counted towards gross floor area
on only the first level.
Parking Gross Floor Area
The area included within the surrounding exterior walls of the building or portion thereof,
exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not
provided with surrounding exterior walls shall be the usable area under the horizontal
projection of the roof or floor above.
Parking Net Floor Area
The area included within the surrounding walls of a building, exclusive of vent shafts,
elevator shafts, stairways, exterior corridors or balconies, rooms containing only
mechanical and electrical equipment used for service of the building, utility shafts and
parking.
Note: Exterior roofed atrium areas open on two or more sides, and exterior roofed
balconies or walkways open on one side, shall not be included in Entitlement Gross
Floor Area, Parking Gross Floor Area or Parking Net Floor Area calculations.
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SECTION IV. BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL
A. Intent
The intent of this district is to permit the location of a combination of business,
professional and medical office uses, and light general commercial activities
engaged in the sale of products to the general public.
B. Permitted Uses
The following shall be permitted:
1. Retail sales and service of a convenience nature.
2. A maximum of 84,928 79,847 gross square feet of building floor area may be
allocated for medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11,
17, 20, and 22 only. Of this 79,847 gross square feet of building floor area,
Building Site No. 2 is permitted a maximum 2,100 gross square feet for
medical/dental office uses, Building Site No. 3 is permitted a maximum
3,100 gross square feet for medical/dental office uses and Building Site No.
17 is permitted a maximum of 11,200 square feet for medical/dental office
uses on the first floor only, and Building Site No. 20 is permitted a
maximum of 5,081 gross square feet on the subterranean level only. There
are no restrictions on how the remaining 63,447 gross square feet can be
distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental
office uses are permitted on any other building site.
3. Restaurants, including outdoor, drive-in or take-out restaurants, bars and
theater/nightclubs shall be subject to the securing of a use permit in each
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.
4. Institutional, financial and governmental facilities.
5. Civic, cultural, commercial recreational and recreational facilities.
6. Parking lots, structures and facilities.
7. Drive-up teller units, subject to the review of the on-site parking and
circulation plan by the City Traffic Engineer and approved by the Director
of Planning.
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C. Building Location
All buildings shall be located in substantial conformance with the approved site
plan.
D. Building Height
All buildings and appurtenant structures shall be limited to a maximum height of
thirty-two (32) feet, with the exception of Building "22" which shall be permitted up
to the limit established by the sight plane and the extension of the sight plane
northerly to Farallon Drive and southerly to Pacific Coast Highway.
E. Parking
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
common parking area in accordance with the off-street parking requirements as
follows:
1. Office Buildings: One parking space for each 250 square feet of net floor
area, except as provided herein.
PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF
PARKING POOL. The parking requirement for office buildings, as specified
above, may be modified in accordance with the following schedule:
(a) For the first 125,000 sq. ft., parking shall be provided at one space per
250 sq. ft. of net floor area.
(b) For the next 300,000 sq. ft., parking shall be provided at one space per
300 sq. ft. of net floor area.
(c) Any additional floor area, parking shall be provided at one space per
350 sq. ft. of net floor area.
For pools based on more than 425,000 sq. ft. of net floor area, the Planning
Commission may modify the parking formula by Use Permit, based on a
demonstrated formula.
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F. Landscaping
Detailed landscaping and irrigation plans, prepared by a licensed landscape
architect, licensed landscaping contractor, or architect shall be reviewed by the
Director of Parks, Beaches and Recreation. In no case shall any landscaping
penetrate the sight plane ordinance established by the sight plane for Harbor View
Hills.
All landscaping referred to in this section shall be maintained in a neat and orderly
fashion.
1. Screening
Areas used for parking shall be screened from view or have the view
interrupted by landscaping, and/or fencing from access streets, and adjacent
properties.
Plant materials used for screening purposes shall consist of lineal or
grouped masses of shrubs and/or trees.
2. Landscaping-Vehicle Separation
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.
3. Parking Areas
Trees, equal in number to one (1) per each five (5) parking stalls shall be
provided in the parking area.
G. Loading Areas
1. Street side loading shall be allowed providing the loading dock is screened
from view from adjacent streets.
H. Storage Areas
1. All outdoor storage shall be visually screened from access streets, and
adjacent property. Said screening shall form a complete opaque screen.
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2. No storage shall be permitted between a frontage street and the building
line.
I. Refuse Collection Areas
1. All outdoor refuse collection areas shall be visually screened from access
streets, 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.
J. Telephone and Electrical Service
All "on site" electrical line (excluding transmission lines) and telephone lines shall
be placed underground. Transformer or terminal equipment shall be visually
screened from view from streets and adjacent properties.
K. Signs
1. Building Address Sign
Building address numerals shall be a maximum of two (2) feet in height and
shall be consistent with the building identification signing.
Building address number shall face the street (and/or pedestrian walkways
in the case of necessity), and be located on the building so that they are
visible from adjacent frontage roads and designated parking areas.
2. Project/Building Identification Sign
Project and/or building identification signs are permitted at major entry
access drives from adjacent frontage streets, provided that they comply with
the City of Newport Beach site distance requirement 110-L.
The identification signage is permitted in the form of a free-standing (single
or double faced) monument sign. The sign copy shall be restricted to the
project or building name and street address. Individual letter heights shall
not exceed eighteen (18) inches.
3. Tenant Identification Signs
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Tenant identification signs are permitted and are divided into two (2)
categories:
- Primary Tenant
- Secondary Tenant
Tenant identification signs are to be wall-mounted graphics, consisting of
individually fabricated letters. Box or "can" signs are not permitted.
The maximum number of primary tenant signs permitted on any one
building elevation is two (2).
Each secondary tenant shall be limited to one (1) identification sign.
The maximum letter height of a primary tenant sign shall not exceed
twenty-four (24) inches. The maximum letter height of a secondary tenant
sign shall not exceed sixteen (16) inches.
Sign copy shall be restricted to identification of the person, firm, company or
corporation operating the use conducted on the site.
4. General Sign Standards
a. Signs (to include all those visible from the exterior of any building)
may be lighted but no sign or any other contrivance shall be devised
or constructed so as to rotate, gyrate, blink or move in any animated
fashion.
5. Temporary Signs
The following guidelines are intended to produce a consistent sign design
for temporary signs within Newport Center. All temporary signs require
the approvals of the City of Newport Beach and The Irvine Company.
Temporary signs are to identify the future site, project or facility under
development on individual project sites.
Information on this sign is limited to:
- For Sale, For Lease, Future Home of, Building/Project Name, etc.
- Type or Name of Development
- Type and Area of Space Available
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- Major Tenant or Developer
- Financial Institution
- General Contractor
- Architect
- Leasing Agent
- Occupancy Date
- Phone Number
- Irvine Company or Irvine Company Project Name and Logo
Location: One temporary sign is permitted on site for each frontage
street. These signs may be single or double-faced and parallel
or perpendicular to the roadway.
Design: All temporary signs are to be built in substantial conformance
to The Irvine Company corporate design standards as shown
on the following page.
Longevity: Signs can exist from the time of lease or sale of the parcel until
construction and/or leasing of the facility is complete.
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Attachment No. PC 4
Parking Study, prepared by RK Engineering Group, Inc.
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October 13, 2023
Mr. Omar M. Dandashi
BALDWIN & SONS
20 Corporate Plaza
Newport Beach, CA 92660
Subject: 20 Corporate Plaza Observed Parking Analysis, City of Newport Beach,
CA
Dear Mr. Dandashi:
A. Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to provide this Observed Parking Analysis for
the Corporate Plaza Planned Community (PC-17) (hereinafter referred to as “Corporate
Plaza”). Corporate Plaza consists of nineteen (19) office buildings and is located at 1-26
Corporate Plaza Drive, in the City of Newport Beach. The site currently provides 1,546
parking spaces that are generally shared globally.
The proposed project consists of expanding the net floor area of the 20 Corporate Plaza
building by approximately 4,844 net square feet (SF) for medical office purposes. The
proposed building expansion includes sixteen (16) gated subterranean parking spaces. The
net floor area calculations for 20 Corporate Plaza are as follows:
Existing: 7,770 SF
Proposed Expansion: 4,844 SF
Total: 12,614 SF
The purpose of this analysis is to determine if adequate parking is provided within the
entire Corporate Plaza to accommodate the proposed 20 Corporate Plaza net floor area
expansion. To determine the adequacy of parking, the analysis includes calculations per the
Corporate Plaza Planned Community (PC-17) District Regulations Off-Street Parking
Requirements (parking code) in order to take into account the proposed project and all
tenant vacancies.
Exhibit A shows a location map of Corporate Plaza (study area). Exhibit B shows the
proposed site plan for the 20 Corporate Plaza expansion.
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B. Observed Parking Survey Parameters
To establish the peak parking demand at Corporate Plaza, RK conducted two (2)
consecutive weekdays (twenty-six (26) hours) of observed parking surveys to get an
adequate assessment of the existing parking demand at the site.
The existing parking area was divided into six (6) zones, as shown on Exhibit C. The
parking surveys were conducted during the following days and times:
Tuesday, September 12th, 2023, from 7:00 AM to 7:00 PM at 1-hour intervals; and
Wednesday, September 13th, 2023, from 7:00 AM to 7:00 PM at 1-hour intervals.
Based on a manual count conducted by a third-party count company (i.e., Counts
Unlimited, Inc.), Corporate Plaza provides a total of 1,546 parking spaces on-site. However,
it should be noted that one (1) parking space will be eliminated at 20 Corporate Plaza
based on the new entrance ramp and storefront. Additionally, the proposed project
expansion will remove fourteen (14) parking spaces. After accounting for the loss of these
fifteen (15) spaces, the projected parking demand utilizes a parking inventory of 1,531
parking spaces contained in the six (6) identified parking zones.
The observed parking counts are provided in Appendix A.
This study follows standard engineering practice and guidelines for determining future
parking demands for office use. It should be noted that the observed parking surveys were
conducted during typical weather with no rain.
C. Corporate Plaza Planned Community (PC-17) Parking Code (Table 1)
As previously mentioned, the proposed project expansion consists of expanding the net
floor area of the 20 Corporate Plaza building by approximately 4,844 net SF for medical
office purposes.
Table 1 shows the Corporate Plaza parking code requirements for the proposed 4,844 net
SF of net floor area expansion. Based on the off-street parking requirements for the
proposed expansion utilizing the Corporate Plaza parking code (i.e., 1 space per 250 SF),
the proposed project is required to provide twenty (20) parking spaces. Since the proposed
gated subterranean parking inventory includes sixteen (16) spaces, the proposed project is
deficient per code by four (4) parking spaces.
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The Corporate Plaza Planned Community (PC-17) District Regulations Off-Street Parking
Requirements are provided in Appendix B.
D. Projected Parking Demand (Full Tenant Occupancy) (Tables 2-4)
Table 2 and Table 3 show the projected parking demand for Corporate Plaza during
typical weekday conditions, on two (2) consecutive weekdays.
The observed parking demand does not account for the proposed project nor the existing
vacancies in Corporate Plaza. As a result, the required twenty (20) parking spaces for the
proposed 20 Corporate Plaza net floor area expansion and the required approximately
forty-seven (47) parking spaces for the tenant vacancies are added to the observed parking
survey results. The parking demand for the tenant vacancies is based on the Corporate
Plaza parking code requirements for office use (i.e., 1 space per 250 SF).
In order to determine the existing tenant vacancies within the site, RK conducted research
utilizing Loopnet.com in search for all current vacant space contained in all nineteen (19)
buildings of Corporate Plaza. Based on the research, it was found that there is a total of
11,612 SF of tenant vacancies within the study area, broken down as follows:
2 Corporate Plaza (Zone 4): 3,712 SF = 15 Required Parking Spaces
12 Corporate Plaza (Zone 3): 3,838 SF = 15 Required Parking Spaces
24 Corporate Plaza (Zone 5): 1,000 SF = 4 Required Parking Spaces
26 Corporate Plaza (Zone 5): 3,062 SF = 13 Required Parking Spaces
The existing tenant vacancies within the entire Corporate Plaza (i.e., 1-26 Corporate Plaza
Drive) are provided in Appendix C.
As previously mentioned, Corporate Plaza provides a total of 1,546 parking spaces on-site.
However, one (1) parking space will be eliminated at 20 Corporate Plaza based on the new
entrance ramp and storefront. Additionally, the proposed project expansion will remove
fourteen (14) parking spaces. After accounting for the loss of these fifteen (15) spaces, the
projected parking demand utilizes a parking inventory of 1,531 parking spaces contained
in the six (6) identified parking zones.
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The following is a summary of the projected parking demand assuming full tenant
occupancy at Corporate Plaza:
Table 2: The typical weekday projected parking demand for the first day of
observed parking surveys utilizes the counts from Tuesday, September 12th, 2023.
The peak parking demand is projected to occur at 11:00 AM with a total of 1,113
parking spaces occupied, which is approximately 72.7% of the supplied parking.
There is a surplus of 418 parking spaces during the peak parking demand time.
Table 3: The typical weekday projected parking demand for the second day of
observed parking surveys utilizes the counts from Wednesday, September 13th,
2023. The peak parking demand is projected to occur at 11:00 AM with a total of
1,097 parking spaces occupied, which is approximately 71.7% of the supplied
parking. There is a surplus of 434 parking spaces during the peak parking demand
time.
Table 4: The summary of the projected parking demand for typical weekday
conditions for the two (2) consecutive weekdays shows that the peak parking
demand for Corporate Plaza occurs on a typical weekday at 11:00 AM with a total
of 1,113 parking spaces occupied, and a surplus of 418 parking spaces.
The projected parking demand determines that there is a sufficient amount of
parking spaces available during all hours of the day to accommodate the
proposed 20 Corporate Plaza net floor area expansion of 4,844 net SF and all
other uses in Corporate Plaza in a full tenant occupancy scenario.
E. Summary of Findings
1. Based on Table 1, the proposed project is required to provide twenty (20) parking
spaces. Since the proposed gated subterranean parking inventory includes sixteen (16)
spaces, the proposed project is deficient per code by four (4) parking spaces.
2. Corporate Plaza provides a total of 1,546 parking spaces on-site. However, one (1)
parking space will be eliminated at 20 Corporate Plaza based on the new entrance
ramp and storefront. Additionally, the proposed project expansion will remove fourteen
(14) parking spaces. After accounting for the loss of these fifteen (15) spaces, the
projected parking demand utilizes a parking inventory of 1,531 parking spaces
contained in the six (6) identified parking zones.
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3. Based on Table 2 and Table 3, Corporate Plaza provides enough parking spaces to
accommodate the proposed project and all other uses assuming a 100% tenant
occupancy during all hours of the day.
4. 20 Corporate Plaza is located within Zone 4. As such, Zone 4 will likely be utilized by
parkers for the proposed project expansion. Based on the results of the observed
parking analysis, there are ample parking spaces available in Zone 4 if the basement
parking lot is occupied.
F. Conclusion
Based on the Corporate Plaza Planned Community (PC-17) District Regulations Off-Street
Parking Requirements, the proposed 20 Corporate Plaza net floor area expansion of 4,844
net SF is deficient per code by four (4) parking spaces. However, based on twenty-six (26)
hours of parking surveys obtained during typical weekday conditions on two (2)
consecutive weekdays, Corporate Plaza has enough parking spaces to accommodate the
proposed project and all other uses assuming a 100% tenant occupancy during all hours of
the day.
Based on the results of the observed parking analysis, assuming a 100% tenant
occupancy scenario and the addition of the proposed project, Corporate Plaza
has an adequate number of parking spaces to accommodate the proposed 4,844
net SF of expansion.
RK ENGINEERING GROUP, INC. (RK) appreciates this opportunity to work with BALDWIN &
SONS on this project. If you have any questions regarding this study, please do not hesitate
to contact us at (949) 474-0809.
Respectfully Submitted,
RK ENGINEERING GROUP, INC.
Rogier Goedecke Elias Bandek, EIT
President Engineer II
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Exhibits
100
101
engineeringgroup, inc.engineering2976-2021-0120 CORPORATE PLAZA OBSERVED PARKING ANALYSIS, City of Newport Beach, CASite PlanExhibit BN102
103
Tables
104
Proposed ProjectParking RatioSquare Feet of Net Floor Area ExpansionParking Spaces RequiredProposed 4,844 Net Square Feet Expansion1 Space per 250 Square Feet of Net Floor Area4,8442016-4Number of Parking Spaces Provided in Subterranean Garagefor Proposed ExpansionNumber of Parking Spaces Deficient per Code1 Based on the Corporate Plaza Planned Community (PC-17) District Regulations Off-Street Parking Requirements.Table 120 Corporate Plaza Proposed 4,844 Net Square Feet ExpansionRequired Off-Street Parking Spaces1Corporate Plaza Planned Community (PC-17) District Regulationsj:\rktables\RK19350TB.xlsxJN: 2976-2021-01105
Regular Loading Regular Reserved Regular Loading Reserved 10-MinRegular LoadingRegular ReservedVisitor1-HrRegular Reserved 10-MinVisitor30-MinBankOnlySpaces Provided20271136513447111 33182 102142522 2931021213 1,5317:00 AM43001300700001573 0 015 2012021172330000244 15.9%8:00 AM6910240031000015124 1 215204922217965000247731.2%9:00 AM12710400181000015179 0 0152099 2 4 18171934200181953.5%10:00 AM154306501133001015222 2 1152090 5 8 2217258520031,04268.1%11:00 AM1662077111631010 15 22730 15 20 1006822 17 25282006 1,113 72.7%12:00 PM161207301170101115218 2 0152094 5 7 1617188420041,01766.4%1:00 PM132107101155201115230 1 0152092 7 7 1817213720061,01466.2%2:00 PM125306801150201115242 3 0152089 10 7 21172477200101,05669.0%3:00 PM130306701141200115224 2 0152085 7 5 15172177200698264.1%4:00 PM124005600122101115207 3 0152077 6 7 15171724200787257.0%5:00 PM10400430066000015123 1 015203846917844100455436.2%6:00 PM531120003600011559 0 115201601917260100129319.1%7:00 PM20005002100011533 0 1152040041780000216610.8%Table 2Corporate Plaza Planned Community (PC-17) Study AreaObserved Hourly Parking Demand with Project Expansion and a 100% Tenant Occupancy ScenarioTuesday, September 12, 2023TIMETOTAL2Percent Occupied3Parking Demand for Vacant Suites (3,838 SF)1Parking Demand for Vacant Suites (3,712 SF)1Parking Demand for Vacant Suites (4,062 SF)11 Based on the Corporate Plaza Planned Community (PC-17) District Regulations Off-Street Parking Requirements (1 space per 250 SF of net floor area). Parking demand for vacant space shown in Green and parking demand for proposed project shown in Blue.3 Includes 11,612 square feet of vacant space and 4,844 square feet of proposed net floor area expansion. 2 The parking spaces were counted by Counts Unlimited, Inc. on Tuesday, September 12, 2023, and Wednesday, September 13, 2023, yielding a parking inventory of 1,546 parking spaces. At 20 Corporate Plaza (Zone 4), one (1) parking space will be eliminated based on the new entrance ramp and storefront. Additionally, the proposed project expansion will remove fourteen (14) parking spaces. As such, Zone 4 is reduced by fifteen (15) parking spaces, and the new total inventory consists of 1,531 parking spaces.ZONE 1ZONE 2ZONE 6ZONE 3ZONE 4ZONE 5Parking Demand for ProposedNet Floor Area Expansion(4,844 SF)1j:\rktables\RK19350TB.xlsxJN: 2976-2021-01106
Regular Loading Regular Reserved Regular Loading Reserved 10-MinRegular LoadingRegular ReservedVisitor1-HrRegular Reserved 10-MinVisitor30-MinBankOnlySpaces Provided20271136513447111 33182 102142522 2931021213 1,5317:00 AM300011001200001563 1 015 2012110172300000221 14.4%8:00 AM5810180032100015131 0 015205232117973000046630.4%9:00 AM12700570196100115195 0 0152095 5 5 18172106200288858.0%10:00 AM140307011122100115269 3 01520101 10 11 2117227620021,05869.1%11:00 AM1424099011503001 15 22030 15 20 102111222 17 24862004 1,097 71.7%12:00 PM128307401146200015238 1 0152096 7 13 17171923200699665.1%1:00 PM105307001136300015228 1 0152094 5 12 18172188200897963.9%2:00 PM118306201146001015245 1 0152094 8 13 1917235510041,02366.8%3:00 PM117306000132000115247 1 1152094 5 13 2117230720141,00665.7%4:00 PM113205500122001015208 2 2152077 5 9 10171747200586156.2%5:00 PM9730360082000015145 0 115204735817914000159038.5%6:00 PM511017003200001542 0 115201801317292000226617.4%7:00 PM290011001500001524 0 015201002117180000117811.6%Table 3Corporate Plaza Planned Community (PC-17) Study AreaObserved Hourly Parking Demand with Project Expansion and a 100% Tenant Occupancy ScenarioWednesday, September 13, 2023TIMEZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 51 Based on the Corporate Plaza Planned Community (PC-17) District Regulations Off-Street Parking Requirements (1 space per 250 SF of net floor area). Parking demand for vacant space shown in Green and parking demand for proposed project shown in Blue.2 The parking spaces were counted by Counts Unlimited, Inc. on Tuesday, September 12, 2023, and Wednesday, September 13, 2023, yielding a parking inventory of 1,546 parking spaces. At 20 Corporate Plaza (Zone 4), one (1) parking space will be eliminated based on the new entrance ramp and storefront. Additionally, the proposed project expansion will remove fourteen (14) parking spaces. As such, Zone 4 is reduced by fifteen (15) parking spaces, and the new total inventory consists of 1,531 parking spaces.3 Includes 11,612 square feet of vacant space and 4,844 square feet of proposed net floor area expansion.ZONE 6TOTAL2Percent Occupied3Parking Demand for Vacant Suites (3,838 SF)1Parking Demand for Vacant Suites (3,712 SF)1Parking Demand for ProposedNet Floor Area Expansion(4,844 SF)1Parking Demand for Vacant Suites (4,062 SF)1j:\rktables\RK19350TB.xlsxJN: 2976-2021-01107
Observed DatePeak Hour Parking Demand TimePeak Hour Parking DemandParking Spaces ProvidedPercent OccupiedParking Spaces AvailableTuesday, September 12, 2023 11:00 AM - 12:00 PM 1,113 1,531 72.7% +418Wednesday, September 13, 2023 11:00 AM - 12:00 PM 1,097 1,531 71.7% +4341 The observed parking counts were obtained during typical operating conditions an one (1) hour intervals from 7:00 AM to 7:00 PM on a Tuesday and Wednesday. The results include the proposed project expansion and a 100% tenant occupancy scenario. Table 4Observed Peak Hour Parking Demand Summary1Corporate Plaza Planned Community (PC-17) Study Areaj:\rktables\RK19350TB.xlsxJN: 2976-2021-01108
Appendices
109
Appendix A
RK19350
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Observed Parking Demand Counts
Tuesday, September 12th, 2023 &
Wednesday, September 13th, 2023
110
Regular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlyRegular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlyRegular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlyRegular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlyRegular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlyRegular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlySpaces Provided 202 7 1------1365-1-----3447111----34682------10214-25---22-29310-21-2-1315467:00 AM4300------130-0-----70000----7300------12002---1-233000-0-0 17711.4%8:00 AM6910------240-0-----310000----12412------49202---2-965000-0-2 41026.5%9:00 AM12710------400-1-----810000----17900------99204---18-1934020-0-1 75248.6%10:00 AM15430------650-1-----1330010----22221------87538---22-2575120-0-3 97563.1%11:00 AM16620------771-1-----1631010----22730------100608---22-2508220-0-61046 67.7%12:00 PM16120------730-1-----1701011----21820------94507---16-1864220-0-4 95061.4%1:00 PM13210------710-1-----1552011----23010------91717---18-2127120-0-6 94761.3%2:00 PM12530------680-1-----1502011----24230 -----871027---21-2467120-0-10 98964.0%3:00 PM13030------670-1-----1412001----22420------85705---15-2177020-0-6 91559.2%4:00 PM12400------560-0-----1221011----20730------76617---15-1714120-0-7 80552.1%5:00 PM10400------430-0-----660000----12310------38406---9-844010-0-4 48731.5%6:00 PM5311------200-0-----360001----5901------16001---9-260010-0-1 22614.6%7:00 PM2000------50-0-----210001----3301------4000- - -4-80000-0-2 996.4%Table 120 Corporate PlazaObserved Hourly Parking DemandSeptember 2023 - Tuesday 12thTIMEZONE 1ZONE 2ZONE 6TOTALPercent OccupiedZONE 3ZONE 4ZONE 5111
Regular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlyRegular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlyRegular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlyRegular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlyIllegal Regular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlyIllegal Regular Loading Reserved 10-MinVisitor15-MinVisitor30-MinVisitor1-HrBankOnlyIllegalSpaces Provided 202 7 1------1365-1-----3447111----34682-------10214-25---22--29310-21-2-13-15467:00 AM3000------110-0-----120000----6310------012101---0-0230000-0-00 15410.0%8:00 AM5810------180-0-----321000----13100------052302---1-0973000-0-00 39925.8%9:00 AM12700------570-1-----961001----19500------095505---18-02106020-0-20 82153.1%10:00 AM14030------701-1-----1221001----26930------010010011---21-12276020-0-20 99164.1%11:00 AM14240------990-1-----1503001----22030------010011012---22-22486020-0-401030 66.6%12:00 PM12830------740-1-----1462000----23810------0957013---17-11923020-0-60 92960.1%1:00 PM10530------700-1-----1363000----22710------1945012---18-02168020-0-82 91259.0%2:00 PM11830------620-1-----1460010----24510 -----0938013---19-12345010-0-41 95661.8%3:00 PM11730------600-0-----1320001----24611------1935013---21-12287020-1-42 93960.7%4:00 PM11320------550-0-----1220010----20822------075529---10-01737120-0-50 79451.4%5:00 PM9730------360-0-----820000----14501------047305---8-0904000-0-11 52333.8%6:00 PM5110------170-0-----320000----4201------018001---3-0292000-0-20 19912.9%7:00 PM2900------110-0-----150000----2400------010002---1-0180000-0-10 1117.2%ZONE 6TOTALPercent OccupiedTable 220 Corporate PlazaObserved Hourly Parking DemandSeptember 2023 - Wednesday 13thTIMEZONE 1ZONE 2ZONE 3ZONE 4ZONE 5112
Appendix B
Corporate Plaza Planned Community
District Regulations (PC-17)
Off-Street Parking Requirements
RK19350
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CORPORATE PLAZA
PLANNED COMMUNITY DISTRICT REGULATIONS
Amendment No. 728
City Council Resolution No. 92-4
January 13, 1992
Amendment No. 784
City Council Resolution No. 93-96
December 13, 1993
Amendment No. 825
City Council Resolution No. 95-115
October 9, 1995
Amendment No. 889
City Council Ordinance No. 99-27
November 8, 1999
Amendment No. 2004-002
City Council Ordinance No. 2004-13
June 22, 2004
Amendment No. PD2015-003
City Council Ordinance No. 2015-31
November 10, 2015
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TABLE OF CONTENTS
Introduction................................................................................................................. Page 3
SECTION I STATISTICAL ANALYSIS...................... Page 4
SECTION II GENERAL NOTES................................... Page 5
SECTION III DEFINITIONS............................................ Page 7
SECTION IV BUSINESS, PROFESSIONAL, MEDICAL
AND COMMERCIAL…………………. Page 8
Sub-Section A Intent.............................................................. Page 8
Sub-Section B Permitted Uses............................................. Page 8
Sub-Section C Building Location........................................ Page 8
Sub-Section D Building Height............................................ Page 9
Sub-Section E Parking........................................................... Page 9
Sub-Section F Landscaping.................................................. Page 9
Sub-Section G Loading Areas.............................................. Page 10
Sub-Section H Storage Areas............................................... Page 10
Sub-Section I Refuse Collection Areas............................. Page 10
Sub-Section J Telephone and Electrical Service............. Page 11
Sub-Section K Signs............................................................... . Page 11
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INTRODUCTION
The Corporate Plaza Planned Community District for the City of Newport Beach is a part of the
Newport Center Development in conjunction with the South Irvine Ranch General Land Use Plan
and the Newport Beach General Plan which was adopted in December 1973.
The purpose of this PC (Planned Community) District is to provide a method whereby property may
be classified and developed for commercial activity, professional, business, and medical offices.
The specifications of this district are intended to provide flexibility in both the land use and
development standards for the planned building groups.
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SECTION I. STATISTICAL ANALYSIS
Corporate Plaza
1. Project Area
Gross Acreage 47.8
Net Acreage 40.4
2. Percentage of Site Coverage
a. Building Footprint 15-20
b. Parking Area 40-45
c. Landscape 40-45
3. Maximum gross building floor area shall not exceed 468,880 square feet.
4. A maximum of 79,847 gross square feet of building floor area may be allocated for
medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this
79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum
2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a
maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is
permitted a maximum of 11,200 square feet for medical/dental office uses on the first floor
only. There are no restrictions on how the remaining 63,447 gross square feet can be
distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are
permitted on any other building site.
5. The square footage of individual building sites are tentative and subject to adjustment as
long as the limitations on total development are not violated. Any adjustment in the square
footages for each building site shall be reviewed and approved by the Planning Director.
A maximum of 79,847 gross square feet of building floor area may be allocated for
medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this
79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum
2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a
maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is
permitted a maximum of 11,200 square feet for medical/dental office uses on the first floor
only. There are no restrictions on how the remaining 63,447 gross square feet can be
distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are
permitted on any other building site.
The square footage of individual building sites are tentative and subject to adjustment as
long as the limitations on total development are not violated. Any adjustment in the squaret
footages for each building site shall be reviewed and approved by the Planning Director.
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SECTION II. GENERAL NOTES
1. Grading outside an area submitted under the Planned Development Ordinance but within the
Planned Community area will be permitted upon securing of a grading permit.
2. Water within the Planned Community area will be furnished by the City of Newport Beach.
3. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5.
4. The subject property is within the City of Newport Beach. The Developer will provide the
necessary flood protection facilities under the jurisdiction of the City of Newport Beach.
5. Erosion control provisions shall be carried out on all areas of the Planned Community in a
manner meeting the approval of the Director of Planning.
6. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning
Code shall apply.
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 provisions of Newport Beach's Uniform Building Code and the various mechanical
codes related thereto.
7. Parking lot lighting shall be subject to the review and approval of the Director of Planning.
Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent
residential areas.
8. All mechanical appurtenances on building roof tops and utility vaults shall be screened from
street level view in a manner meeting the approval of the Director of Planning.
9. Prior to the issuance of grading permits, the site shall be examined to determine the
existence and extent of archaeological and paleontological resources in accordance with
adopted City polices.
10. Any future signal light on East Pacific Coast Highway at the private street intersection will
be the responsibility of The Irvine Company.
11. The on-site parking, vehicular circulation and pedestrian circulation systems shall be
reviewed and approved by the Traffic Engineer.
12. The intersections at private streets and drives shall be designed to provide sight distance for
a speed of 30 miles per hour. Slopes, landscaping, walls and other obstructions shall be
considered in the sight distance requirements. Landscaping within the sight line shall not
exceed twenty-four inches in height. The sight distance requirement may be modified at
non-critical locations, subject to approval of the Traffic Engineer.
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13. Prior to occupancy of any structures, easements for public emergency and security ingress,
egress and public utility purposes shall be dedicated to the City over all private streets.
14. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain
facilities shall be reviewed and updated to current standards and any modifications or
extensions to the existing storm drain, water and sewer systems shown to be required by the
review shall be the responsibility of the developer unless otherwise provided for through an
agreement with the property owner. The review of the storm drain master plan will require
the submittal of hydrology and hydraulic studies to the Public Works Department for review
and approval. The hydrology study shall include both on-site and off-site drainage to
determine the measures necessary to protect the subject development from flooding during a
100 year storm frequency. The developer may be required to install retention basins
upstream from the proposed development or enlarge the existing downstream storm drain
system to satisfy the requirement.
15. The northerly entrance/exit on Avocado Avenue shall be designed for a right turn in and out,
ONLY. The design shall provide for an island that restricts left turns. This requirement
may be waived if the driveway lines up with the access to the parcel easterly of Avocado
Avenue and the City incurs no additional costs to relocate their proposed access to the
library site.
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SECTION III. DEFINITIONS
Advertising Surface of a Sign
The total area of the face of the sign structure, excluding supports.
Area of Elevation
Total height and length of a building as projected to a vertical plane.
Setbacks from Street Corners
Setbacks from street corners shall be established as that point of intersection of the required setback
lines from access streets, prolonged to point of intersection.
Entitlement Gross Floor Area
The area of a building or portion thereof including the surrounding exterior walls.
Any finished portion of a building which measures more than 4 feet from finished floor to ceiling
and is accessible shall be included in calculations of gross floor area.
Areas utilized for stairwells and elevator shafts shall be counted towards gross floor area on only the
first level.
Parking Gross Floor Area
The area included within the surrounding exterior walls of the building or portion thereof, exclusive
of vent shafts and courts. The floor area of a building, or portion thereof, not provided with
surrounding exterior walls shall be the usable area under the horizontal projection of the roof or
floor above.
Parking Net Floor Area
The area included within the surrounding walls of a building, exclusive of vent shafts, elevator
shafts, stairways, exterior corridors or balconies, rooms containing only mechanical and electrical
equipment used for service of the building, utility shafts and parking.
Note: Exterior roofed atrium areas open on two or more sides, and exterior roofed balconies or
walkways open on one side, shall not be included in Entitlement Gross Floor Area, Parking
Gross Floor Area or Parking Net Floor Area calculations.
Parking Net Floor Area
The area included within the surrounding walls of a building, exclusive of vent shafts, elevator
shafts, stairways, exterior corridors or balconies, rooms containing only mechanical and electrical
equipment used for service of the building, utility shafts and parking.
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SECTION IV. BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL
A. Intent
The intent of this district is to permit the location of a combination of business, professional
and medical office uses, and light general commercial activities engaged in the sale of
products to the general public.
B. Permitted Uses
The following shall be permitted:
1. Retail sales and service of a convenience nature.
2. A maximum of 79,847 gross square feet of building floor area may be allocated for
medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of
this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted
a maximum 2,100 gross square feet for medical/dental office uses, Building Site No.
3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and
Building Site No. 17 is permitted a maximum of 11,200 square feet for
medical/dental office uses on the first floor only. There are no restrictions on how
the remaining 63,447 gross square feet can be distributed among Building Sites No.
8, 9, 11 and 22. No medical/dental office uses are permitted on any other building
site.
3. Restaurants, including outdoor, drive-in or take-out restaurants, bars and
theater/nightclubs shall be subject to the securing of a use permit in each 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.
4. Institutional, financial and governmental facilities.
5. Civic, cultural, commercial recreational and recreational facilities.
6. Parking lots, structures and facilities.
7. Drive-up teller units, subject to the review of the on-site parking and circulation plan
by the City Traffic Engineer and approved by the Director of Planning.
C. Building Location
All buildings shall be located in substantial conformance with the approved site plan.
A maximum of 79,847 gross square feet of building floor area may be allocated for
medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of
this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted
a maximum 2,100 gross square feet for medical/dental office uses, Building Site No.
3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and
Building Site No. 17 is permitted a maximum of 11,200 square feet for
medical/dental office uses on the first floor only. There are no restrictions on how
the remaining 63,447 gross square feet can be distributed among Building Sites No.
8, 9, 11 and 22. No medical/dental office uses are permitted on any other building
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D. Building Height
All buildings and appurtenant structures shall be limited to a maximum height of thirty-two
(32) feet, with the exception of Building "22" which shall be permitted up to the limit
established by the sight plane and the extension of the sight plane northerly to Farallon
Drive and southerly to Pacific Coast Highway.
E. Parking
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 common
parking area in accordance with the off-street parking requirements as follows:
1. Office Buildings: One parking space for each 250 square feet of net floor area,
except as provided herein.
PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF
PARKING POOL. The parking requirement for office buildings, as specified
above, may be modified in accordance with the following schedule:
(a) For the first 125,000 sq. ft., parking shall be provided at one space per 250
sq. ft. of net floor area.
(b) For the next 300,000 sq. ft., parking shall be provided at one space per 300
sq. ft. of net floor area.
(c) Any additional floor area, parking shall be provided at one space per 350 sq.
ft. of net floor area.
For pools based on more than 425,000 sq. ft. of net floor area, the Planning
Commission may modify the parking formula by Use Permit, based on a
demonstrated formula.
F. Landscaping
Detailed landscaping and irrigation plans, prepared by a licensed landscape architect,
licensed landscaping contractor, or architect shall be reviewed by the Director of Parks,
Beaches and Recreation. In no case shall any landscaping penetrate the sight plane
ordinance established by the sight plane for Harbor View Hills.
All landscaping referred to in this section shall be maintained in a neat and orderly fashion.
Adequate off-ff 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-ff street parking shall be provided on the site of the use served, or on a common aa
parking area in accordance with the off-ff street parking requirements as follows:
1.Office Buildings:One parking space for each 250 square feet of net floor area,
except as provided herein.
PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF
PARKING POOL.The parking requirement for office buildings, as specified
above, may be modified in accordance with the following schedule:
(a)For the first 125,000 sq. ft., parking shall be provided at one space per 250
sq. ft. of net floor area.
(b)For the next 300,000 sq. ft., parking shall be provided at one space per 300
sq. ft. of net floor area.
(c)ddi i l flAny additional floor area, parking shall be provided at one space per 350 ki h ll b id dea, parking shall be provided at one space per 350 sq.
of net floor area.ft.
For pools based on more than 425,000 sq. ft. of net floor area, the Planning
Commission may modify the parking formula by Use Permit, based on a
demonstrated formula.
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1. Screening
Areas used for parking shall be screened from view or have the view interrupted by
landscaping, and/or fencing from access streets, and adjacent properties.
Plant materials used for screening purposes shall consist of lineal or grouped masses
of shrubs and/or trees.
2. Landscaping-Vehicle Separation
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.
3. Parking Areas
Trees, equal in number to one (1) per each five (5) parking stalls shall be provided in
the parking area.
G. Loading Areas
1. Street side loading shall be allowed providing the loading dock is screened from
view from adjacent streets.
H. Storage Areas
1. All outdoor storage shall be visually screened from access streets, and adjacent
property. Said screening shall form a complete opaque screen.
2. No storage shall be permitted between a frontage street and the building line.
I. Refuse Collection Areas
1. All outdoor refuse collection areas shall be visually screened from access streets, 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.
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J. Telephone and Electrical Service
All "on site" electrical line (excluding transmission lines) and telephone lines shall be placed
underground. Transformer or terminal equipment shall be visually screened from view from
streets and adjacent properties.
K. Signs
1. Building Address Sign
Building address numerals shall be a maximum of two (2) feet in height and shall be
consistent with the building identification signing.
Building address number shall face the street (and/or pedestrian walkways in the
case of necessity), and be located on the building so that they are visible from
adjacent frontage roads and designated parking areas.
2. Project/Building Identification Sign
Project and/or building identification signs are permitted at major entry access drives
from adjacent frontage streets, provided that they comply with the City of Newport
Beach site distance requirement 110-L.
The identification signage is permitted in the form of a free-standing (single or
double faced) monument sign. The sign copy shall be restricted to the project or
building name and street address. Individual letter heights shall not exceed eighteen
(18) inches.
3. Tenant Identification Signs
Tenant identification signs are permitted and are divided into two (2) categories:
- Primary Tenant
- Secondary Tenant
Tenant identification signs are to be wall-mounted graphics, consisting of
individually fabricated letters. Box or "can" signs are not permitted.
The maximum number of primary tenant signs permitted on any one building
elevation is two (2).
Each secondary tenant shall be limited to one (1) identification sign.
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The maximum letter height of a primary tenant sign shall not exceed twenty-four
(24) inches. The maximum letter height of a secondary tenant sign shall not exceed
sixteen (16) inches.
Sign copy shall be restricted to identification of the person, firm, company or
corporation operating the use conducted on the site.
4. General Sign Standards
a. Signs (to include all those visible from the exterior of any building) may be
lighted but no sign or any other contrivance shall be devised or constructed
so as to rotate, gyrate, blink or move in any animated fashion.
5. Temporary Signs
The following guidelines are intended to produce a consistent sign design for
temporary signs within Newport Center. All temporary signs require the approvals
of the City of Newport Beach and The Irvine Company.
Temporary signs are to identify the future site, project or facility under development
on individual project sites.
Information on this sign is limited to:
- For Sale, For Lease, Future Home of, Building/Project Name, etc.
- Type or Name of Development
- Type and Area of Space Available
- Major Tenant or Developer
- Financial Institution
- General Contractor
- Architect
- Leasing Agent
- Occupancy Date
- Phone Number
- Irvine Company or Irvine Company Project Name and Logo
Location: One temporary sign is permitted on site for each frontage street.
These signs may be single or double-faced and parallel or
perpendicular to the roadway.
Design: All temporary signs are to be built in substantial conformance to The
Irvine Company corporate design standards as shown on the
following page.
125
-13-
Longevity: Signs can exist from the time of lease or sale of the parcel until
construction and/or leasing of the facility is complete.
126
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0300600Feet
ICorporate Plaza
Planned Community
Date: 04/26/2016Document Name: PC_17_Corporate_Plaza
Professional / Office / Commercial / Medical
127
128
129
130
131
Appendix C
Existing Vacancies
1-26 Corporate Plaza Drive
(Source: Loopnet.com)
RK19350
JN: 2976-2021-01 132
Laura Preston-
Fayerman
9492743424
Two Corporate Plaza | 2 Corporate Plaza Dr
3,712 SF of Office Space Available in Newport Beach, CA
HIGHLIGHTS
Modern suites with abundant natural light and
outdoor balconies
•
Steps away from Fashion Island and Corona del
Mar Plaza
•
Unmatched convenience with Newport Center
frontage
•
133
ALL AVAILABLE SPACE(1)
PROPERTY OVERVIEW
Step inside this Class A creative space located in
the heart of Newport Beach. Steps away from
Fashion Island, minutes away from the beach,
and within a beautifully maintained business
park. The grand glass entry leads into a two-
story open atrium lobby designed with tile,
stucco, brick, and polished wood elements. The
modern office suites offer abundant natural
light and walk-out balconies. Enjoy the serenity
and outstanding location when you lease at Two
Corporate Plaza.
Atrium•
2nd Floor, Ste 200 3,712 SF Negotiable Upon Request Office -Now
Ocean View Suite - Reception - 4 Window Offices - 5 Interior Offices - Kitchen - Storage Closet -
2 Storage Rooms - Part of a Professionally Managed Business Park
Fits 10 - 30 People
Kitchen
Reception Area
Secure Storage
SPACE SIZE TERM RENTAL RATE SPACE USE CONDITION AVAILABLE
2nd Floor, Ste 200 3,712 SF Negotiable Upon Request Office -Now
134
PROPERTY FACTS
Building Type Office
Year Built 1979
Building Height 2 Stories
Building Size 21,536 SF
Building Class B
Typical Floor Size 10,768 SF
WALK SCORE ®
Very Walkable (70)
135
TRANSPORTATION
TRANSIT/SUBWAYÇ
1st Street Station 39 min drive 26.4 mi
5th Street Station 38 min drive 26.1 mi
Long Beach Transit Mall 40 min drive 26.6 mi
Pacific Station 40 min drive 26.5 mi
Anaheim Station 38 min drive 26.6 mi
COMMUTER RAILÐ
Tustin Commuter Rail (Orange County, Inland Empire-Orange
County Lines)16 min drive 9.1 mi
Irvine Commuter Rail (Orange County, Inland Empire-Orange
County Lines)21 min drive 12.4 mi
Santa Ana Commuter Rail (Orange County, Inland Empire-
Orange County Lines)21 min drive 13.5 mi
Orange Commuter Rail (Orange County, Inland Empire-Orange
County Lines)24 min drive 16.2 mi
Laguna Niguel/Mission Viejo Commuter Rail (Orange County,
Inland Empire-Orange County Lines)24 min drive 16.0 mi
136
AIRPORT
John Wayne Airport 12 min drive 6.7 mi
Long Beach-Daugherty Field Airport 34 min drive 26.7 mi
MAP OF 2 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660
137
ADDITIONAL PHOTOS
Building Photo
Aerial
Building Photo
Lobby
Primary Photo
Other
138
Listing ID: 29022829 Date Created: 7/17/2023 Last Updated: 9/8/2023
Address: 2 Corporate Plaza Dr, Newport Beach, CA
Other
The LoopNet service and information provided therein, while believed to be accurate, are provided "as is". LoopNet disclaims
any and all representations, warranties, or guarantees of any kind.
139
John Pomer
9498870959
Christian
Heffelman
7143978999
Corporate Plaza | 12 Corporate Plaza Dr
3,838 SF of Office Space Available in Newport Beach, CA
140
ALL AVAILABLE SPACE(1)
PROPERTY FACTS
Building Type Office
Year Built/Renovated 1975/2011
Building Height 2 Stories
Building Size 17,985 SF
Building Class B
Typical Floor Size 8,992 SF
Unfinished Ceiling Height 11’
Parking Surface Parking
1st Floor, Ste 150 3,838 SF Negotiable Upon Request Office -Now
Call to Show
Space is in Excellent Condition
SPACE SIZE TERM RENTAL RATE SPACE USE CONDITION AVAILABLE
1st Floor, Ste 150 3,838 SF Negotiable Upon Request Office -Now
141
TRANSPORTATION
TRANSIT/SUBWAYÇ
5th Street Station 37 min drive 25.9 mi
1st Street Station 38 min drive 26.2 mi
Pacific Station 38 min drive 26.3 mi
Long Beach Transit Mall 38 min drive 26.4 mi
Anaheim Station 37 min drive 26.3 mi
COMMUTER RAILÐ
Tustin Commuter Rail (Orange County, Inland Empire-Orange
County Lines)14 min drive 8.9 mi
Irvine Commuter Rail (Orange County, Inland Empire-Orange
County Lines)19 min drive 12.2 mi
Santa Ana Commuter Rail (Orange County, Inland Empire-
Orange County Lines)19 min drive 13.3 mi
Orange Commuter Rail (Orange County, Inland Empire-Orange
County Lines)23 min drive 16.0 mi
Laguna Niguel/Mission Viejo Commuter Rail (Orange County,
Inland Empire-Orange County Lines)23 min drive 15.7 mi
142
AIRPORT
John Wayne Airport 11 min drive 6.5 mi
Long Beach-Daugherty Field Airport 33 min drive 26.5 mi
MAP OF 12 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660
143
ADDITIONAL PHOTOS
Building Photo
Building Photo
Building Photo
Building Photo
Building Photo
Building Photo
144
Listing ID: 25144154 Date Created: 2/28/2022 Last Updated: 9/5/2023
Address: 12 Corporate Plaza Dr, Newport Beach, CA
Building Photo
Building Photo
Building Photo
Building Photo
Building Photo
The LoopNet service and information provided therein, while believed to be accurate, are provided "as is". LoopNet disclaims
any and all representations, warranties, or guarantees of any kind.
145
Doug Killian
9492635322
24 Corporate Plaza Dr
1,000 SF of Office Space Available in Newport Beach, CA
SUBLEASE HIGHLIGHTS
5 Private Offices, Shared Conference Room and
Kitchen
•
Sublease through July 31, 2022 - Longer Term
Available
•
Walking distance to retail amenities•
Furnished-True “Plug & Play” (Shared space)•
Free Parking•
Call to show•
146
ALL AVAILABLE SPACE(1)
PROPERTY OVERVIEW
24 Corporate Plaza features cistinctive,
canopied entry ways leading to lobby and
elevator areas accented by recessed lighting and
rich ceiling and floor treatments, up to 48
window offices including 12 corner offices, per
floor and 6'8" wide clear glass. The property is
within walking distance to Fashion Island and
Corona Del Mar Plaza and is minutes from
Newport Harbor, John Wayne Airport and a
wide variety of choice executive housing. The
building has a Mediterranean-style architectural
motif infusing warm colors and modern accents
in a precast exterior facade.
1st Floor, Ste 100-105 250-1,000 SFNegotiable Upon RequestOffice Full Build-OutNow
Call to tour. Wired for Internet and telephone. Immediate Occupancy 5 Private Offices, Shared
Conference Room and Kitchen Sublease through July 31, 2022 - Longer Term Available Walking
Distance to World-Class Dining and Shopping Please Call to Schedule all Tours
Sublease space available from current
tenant
Furnished-true "plug & play" (shared
space).
Immediate occupancy.
Fits 1 - 8 People
Free parking
SPACE SIZE TERM RENTAL RATE SPACE USE CONDITION AVAILABLE
1st Floor, Ste 100-105 250-1,000 SFNegotiable Upon RequestOffice Full Build-OutNow
147
PROPERTY FACTS
Building Type Office
Year Built 1998
Building Height 2 Stories
Building Size 40,116 SF
Building Class B
Typical Floor Size 20,058 SF
Unfinished Ceiling Height 11’
Parking 200 Surface Parking Spaces
WALK SCORE ®
Very Walkable (80)
BIKE SCORE ®
Very Bikeable (70)
148
TRANSPORTATION
TRANSIT/SUBWAYÇ
5th Street Station 37 min drive 26.0 mi
1st Street Station 38 min drive 26.3 mi
Long Beach Transit Mall 38 min drive 26.4 mi
Pacific Station 38 min drive 26.4 mi
Anaheim Station 37 min drive 26.4 mi
COMMUTER RAILÐ
Tustin Commuter Rail (Orange County, Inland Empire-Orange
County Lines)15 min drive 9.0 mi
Irvine Commuter Rail (Orange County, Inland Empire-Orange
County Lines)20 min drive 12.3 mi
Santa Ana Commuter Rail (Orange County, Inland Empire-
Orange County Lines)20 min drive 13.4 mi
Orange Commuter Rail (Orange County, Inland Empire-Orange
County Lines)23 min drive 16.0 mi
Laguna Niguel/Mission Viejo Commuter Rail (Orange County,
Inland Empire-Orange County Lines)23 min drive 15.8 mi
149
AIRPORT
John Wayne Airport 11 min drive 6.5 mi
Long Beach-Daugherty Field Airport 33 min drive 26.5 mi
MAP OF 24 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660
150
Listing ID: 17695675 Date Created: 11/11/2019 Last Updated: 8/10/2023
Address: 24 Corporate Plaza Dr, Newport Beach, CA
ADDITIONAL PHOTOS
Interior Photo
Exterior
Building Photo
Entrance
Main lobby
151
The LoopNet service and information provided therein, while believed to be accurate, are provided "as is". LoopNet disclaims
any and all representations, warranties, or guarantees of any kind.
152
Timothy Arguello
9497244750
David Bolt
9497244715
26 Corporate Plaza Dr
3,062 SF of Office Space Available in Newport Beach, CA
153
ALL AVAILABLE SPACE(1)
FEATURES AND AMENITIES
Fitness Center•Restaurant•
2nd Floor, Ste 280 3,062 SF Mar 2027 $47.76 /SF/YR Office Full Build-Out Now
Reception area, open space , 8 private offices, kitchen, furniture may be available
Sublease space available from current
tenant
Fully Built Out as Standard Office
8 Private Offices
Rate includes utilities, building services and
property expenses
Fits 8 - 25 People
SPACE SIZE TERM RENTAL RATE SPACE USE CONDITION AVAILABLE
2nd Floor, Ste 280 3,062 SF Mar 2027 $47.76 /SF/YR Office Full Build-Out Now
154
PROPERTY FACTS
Building Type Office
Year Built 1998
Building Height 2 Stories
Building Size 40,085 SF
Building Class B
Typical Floor Size 36,764 SF
Unfinished Ceiling Height 11’
Parking 200 Surface Parking Spaces
WALK SCORE ®
Very Walkable (71)
MAP OF 26 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660
155
ADDITIONAL PHOTOS
Lobby
Building Photo
Plat Map
Lobby
Lobby
156
Listing ID: 28253388 Date Created: 4/17/2023 Last Updated: 9/7/2023
Address: 26 Corporate Plaza Dr, Newport Beach, CA
Building Photo
Building Photo
Building Photo
Building Photo
Building Photo
Building Photo
The LoopNet service and information provided therein, while believed to be accurate, are provided "as is". LoopNet disclaims
any and all representations, warranties, or guarantees of any kind.
157
BALDWIN & SONS MEDICAL OFFICE AT 20 CORPORATE PLAZA (PA2022-0158)
Planning Commission, December 21, 2023
Joselyn Perez, Associate Planner
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
VICINITY MAP
2
Project Site
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
EXISTING DEVELOPMENT
3
20 Corporate Plaza, Garage Entrance
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
EXISTING DEVELOPMENT
4
Subterranean Parking Garage
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
5
PROJECT
28 SURPLUS
SPACES
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
6
PROJECT
5,081 SQ. FT.
MEDICAL OFFICE
OFFICE ENTRANCE
16 PARKING SPACES
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
REQUIRED APPROVALS
General Plan Amendment – Amend Anomaly No. 34 to increase the development limit from 468,880 gross sq. ft. to 471,591 gross sq. ft.
Planned Community Development Plan Amendment – Increase development limit from 468,880 gross sq. ft. to 471,591 gross sq. ft. & add medical as an allowed use
Conditional Use Permit – New medical office requires 20 spaces, 16 provided with a waiver of 4 parking spaces
Development Agreement – New non-residential floor area within Statistical Area L1/Newport Center requires a DA
7
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
GENERAL PLAN AMENDMENT
•Project site is within Anomaly No. 34
•GPA will increase limit of Anomaly No. 34 by 2,711 sq. ft., from 468,880 sq. ft. to 471,591 sq. ft.
•Project is otherwise consistent with the General Plan as proposed to be amended, as medical office is allowed within CO-R
8
CO-R
34
Figure LU13, General Plan
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
GENERAL PLAN AMENDMENT
CHARTER SECTION 423 (MEASURE S)
9
Charter Section 423, Measure S Analysis for Statistical Area L-1
Amendments Increased
Density
Increased
Intensity
Peak Hour Trip Increase
AM PM
PA2018-185 (Vivante Senior Housing)90 0 26 52
PA2020-020 (Residences at Newport
Center)
28 0 3 2
PA2021-260 (Newport Beach Tennis and
Pickleball Club)
0 14,000 27 52
Total Prior Increases 118 14,000 56 106
80% of Prior Increases 94 11,200 45 85
100% of Proposed Project
PA2022-0158
0 2,711 8 11
Total 94 13,911 53 96
Threshold 100 40,000 100 100
Vote Required?No No No No
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT
10
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
CONDITIONAL USE PERMIT
•Project requires 20 spaces, 16 provided = deficient 4 spaces
•RK Engineering Group, Inc. retained for parking study
•1,113 parking spaces occupied and 418 spaces vacant. Only 73% occupied
•Sufficient parking available
•Parking study reviewed & accepted by City Traffic Engineer
11
Parking adjacent to 20 Corporate Plaza
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
DEVELOPMENT AGREEMENT
12
•NBMC Chapter 15.45 requires a DA when a project includes new, non-residential, development within Statistical Area L-1/Newport Center
•DA locks in approval for a specific term
•Applicant pays a public benefit fee
•5-year term proposed
•$14 per square foot granted by the GPA for a total of $37,954
Statistical Area L-1/Newport Center
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
RECOMMENDATION
1.Conduct a public hearing;
2.Find this project exempt from
the California Environmental
Quality Act (CEQA) under Class
3 (New Construction or
Conversions of Small
Structures); and
3.Adopt Resolution No. PC2023-
045 recommending City
Council approval of PA2022-
0158
13
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)
THANK YOU
Planning Commission, Public Hearing
December 21, 2023
Joselyn Perez, Associate Planner
949-644-3312
jperez@newportbeachca.gov
Planning Commission - December 21, 2023 Item No. 4a - Additional Materials Received Baldwin & Sons Medical Office (PA2022-0158)