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HomeMy WebLinkAbout19 - Authorizing the Baldwin & Sons Medical Office at 20 Corporate PlazaQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report January 23, 2024 Agenda Item No. 19 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Joselyn Perez, Associate Planner - 949-644-3312, jperez@newportbeachca.gov TITLE: Ordinance Nos. 2024-2 and 2024-3 and Resolution Nos. 2024-6 and 2024-7: Authorizing the Baldwin & Sons Medical Office al 20 Corporate Plaza /_1 16"t I:7_T91 6 The applicant seeks to convert a portion of a private, underground parking garage at 20 Corporate Plaza into a 5,081-square-foot medical office. This project entails reconfiguring the site to accommodate both ground level and parking garage entrances, widening the driveway access ramp, and restriping the parking garage. For the City Council's consideration, the proposed actions include: 1) Introducing an ordinance to amend the Corporate Plaza Planned Community (PC-17) Development Plan, increasing the project site's development intensity by 2,711 square feet, with a maximum limit of 471,591 square feet, and allowing medical office as a permitted use; 2) Introducing an ordinance to approve a development agreement due to the addition of nonresidential floor area within Statistical Area L1 (Newport Center); 3) Adopting a resolution to amend the General Plan Land Use Element, increasing the allowable development intensity of Anomaly Number 34 by 2,711 square feet, for a maximum of 471,591 square feet; and 4) Approving a resolution for a conditional use permit to waive four required parking spaces for the medical office. If approved, the item will return to the City Council on February 13, 2024, for second reading and adoption of the Ordinances. RECOMMENDATIONS: a) Conduct a public hearing; b) Find approval of the project exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to 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 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; 19-1 Ordinance Nos. 2024-2 and 2024-3 and Resolution Nos. 2024-6 and 2024-7: Authorizing the Baldwin & Sons Medical Office at 20 Corporate Plaza January 23, 2024 Page 2 c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-2, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to the Corporate Plaza Planned Community Development Plan (PC-17) for a Medical Office Located at 20 Corporate Plaza (PA2022-0158), and pass to second reading on February 13, 2024; d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-3, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for a Medical Office Located at 20 Corporate Plaza (PA2023-0158), and pass to second reading on February 13, 2024; e) Adopt Resolution No. 2024-6, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment for a Medical Office Located at 20 Corporate Plaza (PA2022-0158); and f) Adopt Resolution No. 2024-7, A Resolution of the City Council of the City of Newport Beach, California, Approving a Conditional Use Permit for a Medical Office Located at 20 Corporate Plaza (PA2022-0158). DISCUSSION: The project site is located within the Corporate Plaza Planned Community (hereafter referred to as "PC-17"), which is outlined in Figure 1 below. PC-17 is bound by Civic Center Drive to the north, Avocado Avenue to the east, East Coast Highway to the south, and Newport Center Drive to the west. PC-17 encompasses approximately 48 acres of developed office park with shared common parking areas and provides areas appropriate for the development of professional, business and medical offices with limited supporting commercial. 19-2 Ordinance Nos. 2024-2 and 2024-3 and Resolution Nos. 2024-6 and 2024-7: Authorizing the Baldwin & Sons Medical Office at 20 Corporate Plaza January 23, 2024 Page 3 The project site is located near the center of the larger office park and is developed with a single -story, 8,411-square-foot office building with a 28-space private, subterranean, parking garage. The office serves as a headquarters for the applicant. The building design included the surplus private parking garage to provide sufficient onsite parking to facilitate a future building expansion. Between building permit issuance in 2013 and final building permit inspection in 2016, a Transfer of Development Rights (PA2015-109) was initiated by Irvine Company and was approved in 2015. PA2015-109 transferred 15,468 square feet of office intensity out of PC-17 and into the North Newport Center (PC-56) Planned Community. PA2015-109 left only 2,379 square feet of unbuilt intensity, which is insufficient to allow for the planned building expansion of 5,081 square feet. Therefore, a general plan amendment is necessary to increase the development intensity. Project Description The applicant proposes to convert of a portion of the 28-space private, subterranean, parking garage into a 5,081-square-foot medical office. Other improvements include reconfiguring the project site to accommodate an office entrance from both the ground level and parking garage level, widening the driveway access ramp, and restriping the parking garage. In total, 12 parking spaces will be lost to accommodate the new office with 16 parking spaces remaining. Project plans are available as Attachment E. 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. o Conditional Use Permit (CUP) — To allow an adjustment to the required off-street parking by waiving four on -site spaces required for the new medical office. o Development Agreement (DA) — The consideration of a 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. 19-3 Ordinance Nos. 2024-2 and 2024-3 and Resolution Nos. 2024-6 and 2024-7: Authorizing the Baldwin & Sons Medical Office at 20 Corporate Plaza January 23, 2024 Page 4 Amendments to the General Plan and the Planned Community Development Plan The subject property has a General Plan Land Use Element category of Regional Commercial Office (CO-R). The CO-R category 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 is generally allowed by right. The project site is within the area with a development limit controlled by Anomaly Number 34 in 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. The project requires a General Plan Amendment because the proposed floor area exceeds the development limit of Anomaly Number 34. The proposed change to Anomaly Number 34 is provided as Attachment F. The property is included within the PC-17 Development Plan. PC-17 was originally adopted in 1992 and was last amended in 2015. It sets a maximum development limit not to exceed 468,880 gross square feet, consistent with the development limit of Anomaly Number 34. As the project increases the total square footage for 20 Corporate Plaza, PC-17 must be amended to account for the increased intensity. Additionally, while PC-17 predominantly allows for professional 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-17 must also be amended to allow a maximum of 5,081 gross square feet of medical office on Building Site 20. Redline/strikeout revisions to the PC-17 Development Plan are available as Attachment G. The amendments to the General Plan and the PC-17 Development Plan are legislative acts. Neither the PC-17 Development Plan, nor the NBMC or California Government Code provide required findings to approve the amendment. Nonetheless, the amendments are in furtherance of the General Plan's goals and, specifically, the highlighted policies provided in the Resolution in Attachment C. Charter Section 423 (Measure S) Pursuant to City Charter Section 423 and City Council Policy A-18, proposed GPAs require specific review to determine whether a vote of the electorate is required. A project could require a vote if it exceeds certain thresholds on its own or cumulatively with past GPAs in the same Statistical Area approved within the last 10 years. The project is located within in Statistical Area L-1. Three GPAs have been approved within the last 10 years in this area. They include the GPA filed as PA2018-185 (Vivante Senior Housing), PA2020- 020 (Residences at Newport Center), and PA2021-260 (Newport Beach Tennis and Pickleball Club). These projects continue to be cumulatively tracked consistent with the provisions of Charter Section 423. 19-4 Ordinance Nos. 2024-2 and 2024-3 and Resolution Nos. 2024-6 and 2024-7: Authorizing the Baldwin & Sons Medical Office at 20 Corporate Plaza January 23, 2024 Page 5 Table 1 illustrates the calculations to determine if a vote is required. None of the thresholds specified by Charter Section 423 are exceeded by the project or considered cumulatively with the last three projects. No vote of the electorate is required should the City Council choose to approve the GPA. TABLE 1 Charter Section 423 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), the City 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 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, the Gabrieleno Band of Mission Indians — Kizh Nation, requested consultation within the 90-day period. Conditions of approval have been included to the satisfaction of the tribe to address potential concerns regarding the protection of Tribal Cultural Resources. 19-5 Ordinance Nos. 2024-2 and 2024-3 and Resolution Nos. 2024-6 and 2024-7: Authorizing the Baldwin & Sons Medical Office at 20 Corporate Plaza January 23, 2024 Page 6 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 previously mentioned in the Discussion section, the building was designed and constructed with surplus onsite subterranean parking to accommodate a future expansion. The expansion was originally planned as a second story 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 instead. 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 can be provided, resulting in a deficiency of four on -site parking spaces. A parking study dated January 5, 2024, was prepared by RK Engineering Group, Inc. and is attached as Attachment H. RK Engineering Group, Inc. completed observational surveys of PC-17's six parking zones within the shared parking pool. The study found that the shared parking pool is only 73% occupied during peak parking demand. 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 any spillover from 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 (Newport Center). As the project is essentially ready for construction, the applicant is requesting a five-year term for the agreement pursuant to Section 15.45.070 (Amendment/ Cancellation). The DA provides vested rights to develop the project subject to the term. The City negotiated a public benefit fee of $14 per square foot of commercial construction granted by the GPA for a total of $37,954. The fee is based on past public benefit fees for similar non-residential projects and is adjusted to 2023 numbers pursuant to the Consumer Price Index. In addition to the five-year term, the DA 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. 19-6 Ordinance Nos. 2024-2 and 2024-3 and Resolution Nos. 2024-6 and 2024-7: Authorizing the Baldwin & Sons Medical Office at 20 Corporate Plaza January 23, 2024 Page 7 Planning Commission Review and Recommendation On December 21, 2023, the Planning Commission held a public hearing to consider the proposed project and adopted Resolution No. PC2023-045 recommending approval of the project to the City Council. The resolution and staff report to the Planning Commission are included as Attachments I and J, respectively. During the public hearing, one member of the public, Jim Mosher, questioned if adding additional sites for medical office is compatible with the original intent of the PC-17 Development Plan and disagreed with the Charter Section 423 analysis, citing concerns with the past evaluation of the Newport Beach Tennis and Pickleball Club. The draft meeting minutes are available as Attachment K. FISCAL IMPACT: Approval of this item allows for the Applicant to construct a new medical office tenant space as part of the existing office development. The request for 2,711 square feet of additional floor area triggers the need for a development agreement where the Applicant will pay the City a public benefit fee in the amount of $37,954 ($14 per square foot). This benefit fee is in addition to any required building permit fees, development impact fees, and reimbursement to the City for all costs associated with reviewing the application. The new tenant space will be occupied by a business that will provide business license tax revenue to the City. ENVIRONMENTAL REVIEW - Staff recommends the City Council find this project exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to 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 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 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. 19-7 Ordinance Nos. 2024-2 and 2024-3 and Resolution Nos. 2024-6 and 2024-7: Authorizing the Baldwin & Sons Medical Office at 20 Corporate Plaza January 23, 2024 Page 8 NOTICING: 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 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. ATTACHMENTS: Attachment A — Ordinance No. 2024-2 (Planned Community Development Plan Amendment) Attachment B — Ordinance No. 2024-3 (Development Agreement) Attachment C — Resolution No.2024-6 (General Plan Amendment) Attachment D — Resolution No.2024-7 (Conditional Use Permit) Attachment E — Project Plans Attachment F —Anomaly No. 34 of Table LU2 Attachment G — Redline/Strikeout version of the amended Planned Community Development Plan Attachment H — Parking Study, prepared by RK Engineering Group, Inc. Attachment I — Planning Commission Resolution No. PC2023-045 Attachment J — Planning Commission Staff Report, Dated December 21, 2023 (without attachments) Attachment K — Draft Planning Commission Minute Excerpt, Dated December 21, 2023 19-8 Attachment A Ordinance No. 2024-2 (Planned Community Development Plan Amendment) 19-9 ORDINANCE NO. 2024- 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE CORPORATE PLAZA PLANNED COMMUNITY DEVELOPMENT PLAN (PC-17) FOR A MEDICAL OFFICE LOCATED AT 20 CORPORATE PLAZA (PA2022-0158) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by 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"); WHEREAS, the Applicant proposes to convert a portion of a subterranean parking garage into a 5,081 square -foot medical office and make improvements which include reconfiguration of the Property to accommodate an office entrance from both ground level and parking garage level, widening the driveway access ramp, and restriping the parking garage which would reduce the total onsite parking by 12 spaces ("Project"); WHEREAS, the following approvals are requested or required for the Project: • 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 ("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 to Building Site 20; • Conditional Use Permit ("CUP") — To allow an adjustment to the required off- street parking by waiving the four additional spaces required for the new medical office; and 19-10 Ordinance No. 2024- Page 2 of 7 • Development Agreement ("DA") — A 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"); WHEREAS, 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; WHEREAS, the Property is not located within the coastal zone; WHEREAS, the Planning Commission held a public hearing on December 21, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time the Planning Commission considered the Project. 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"), and Chapters 15.45 (Development Agreements), 20.56 (Planning Community District Procedures), and 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2023-045 (6 ayes and 1 absent) recommending approval of the Project to the City Council; and WHEREAS, the City Council held a public hearing on January 23, 2024, in the City 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 the Ralph M. Brown Act, and Chapters 15.45 (Development Agreements), 20.56 (Planning Community District Procedures), and 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council does hereby approve the PC Amendment referred to as PA2022-0158 to amend the Corporate Plaza Planned Community (PC-17) Development Plan as set forth in Exhibit "B," which is attached hereto and incorporated herein by reference. 19-11 Ordinance No. 2024- Page 3 of 7 Section 2: An amendment to the PC-17 Development Plan is a legislative act. 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 set forth any required findings for either the approval or denial of such amendments. Nonetheless, the PC Amendment is consistent with the City of Newport Beach General Plan and the purpose and intent of the PC-17 Development Plan. Findings and Facts in Support of Findings of General Plan Consistency: 1. The Project includes a GPA to amend the development limit for Anomaly Number 34. The development limit for the anomaly will be increased by 2,711 square feet 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 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 the PC-17 Development Plan or to the greater Newport Center area. 19-12 Ordinance No. 2024- Page 4 of 7 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. 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 the PC-17 Development Plan 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. 19-13 Ordinance No. 2024- Page 5 of 7 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 in demand. 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. Facts in Support of Finding of PC-17 Development Plan Consistency: 1. The PC-17 Development Plan was originally adopted in 1992, and has since been amended five times. The PC-17 Development Plan 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 Development Plan and into the North Newport Center (PC-56) Planned Community. 2. The PC-17 Development Plan sets a maximum development limit not to exceed 468,880 gross square feet. While the PC-17 Development Plan 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 the PC-17 Development Plan above the specified limit of 468,800 square feet. The PC-17 Development Plan must be amended to account for the increase. 3. Additionally, while the PC-17 Development Plan 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. The PC-17 Development Plan must be amended to allow a maximum of 5,081 gross square feet of medical office within Building Site 20. 19-14 Ordinance No. 2024- Page 6 of 7 4. The Project would allow for 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 the PC-17 Development Plan and would not change the operational character of the PC-17 Development Plan. Section 3: The City Council finds the introduction and adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to 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 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 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. Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 19-15 Ordinance No. 2024- Page 7 of 7 Section 6: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the PC-17 Development Plan shall remain unchanged and shall be in full force and effect. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 23d day of January, 2024, and adopted on the 13th day of February, 2024, by the following vote, to -wit: AYES: NAYS: /f1:1:11:11kill WILL O'NEILL, MAYOR LEILANI i. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY'S OFFICE 7,0 - N C. HARP, CITY ATTORNEY Attachment(s): Exhibit "A" — Legal Description Exhibit "B" — Corporate Plaza Planned Community (PC-17) Development Plan Amendment (PA2022-0158) 19-16 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS: PARCEL A PARCEL 3, IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 102, PAGE 2 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN. GEOTHERMAL STEAM ANY OTHER MATERIAL RESOURCES, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF. AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND. AS RESERVED IN A DEED RECORDED MARCH 02, 1993 AS INSTRUMENT NO. 93-143034 OF OFFICIAL RECORDS - ALSO EXCEPTING ANY AND ALL WATER. RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR. WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL. BUT WITHOUT HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, 1N A DEED RECORDED MARCH 02, 1993 AS INSTRUMENT NO. 93-0143034 OF OFFICIAL RECORDS. PARCEL B: NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS" RECORDED NOVEMBER 18, 1991 AS INSTRUMENT NO. 91-627002 OF OFFICIAL RECORDS OF ORANGE COUNTY. APN: 442-271-24 19-17 Exhibit B 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 Amendment No. PA2022-0158 City Council Ordinance No. 2024-_ February 13, 2024 19-18 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. SECTION IV. (BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL) of the PC-17 Development Plan shall be amended to read as follows: 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. 19-19 B. Permitted Uses The following shall be permitted: 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. 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 19-20 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. Parkin 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. 1. Screening 19-21 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. 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. 19-22 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. 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. 19-23 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. 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. Longevity: Signs can exist from the time of lease or sale of the parcel until construction and/or leasing of the facility is complete. 19-24 Attachment B Ordinance No. 2024-3 (Development Agreement) 19-25 ORDINANCE NO. 2024- 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR A MEDICAL OFFICE LOCATED AT 20 CORPORATE PLAZA (PA2022-0158) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by 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"); WHEREAS, the Applicant proposes to convert a portion of a subterranean parking garage into a 5,081-square-foot medical office and make other improvements including reconfiguration of the Property to accommodate an office entrance from both ground level and parking garage level, widening the driveway access ramp, and restriping the parking garage which would reduce the total onsite parking by12 spaces ("Project"); WHEREAS, the following approvals are requested or required for the Project: • 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 ("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 to Building Site 20; • Conditional Use Permit ("CUP") - To allow an adjustment to the required off- street parking by waiving the four additional spaces required for the new medical office, and 19-26 Ordinance No. 2024- Page 2 of 5 • Development Agreement ("DA") — A 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); WHEREAS, 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; WHEREAS, the Property is not located within the coastal zone; WHEREAS, the Planning Commission held a public hearing on December 21, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time the Planning Commission considered the Project. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 of seq. ("Ralph M. Brown Act"), and Chapters 15.45 (Development Agreements), 20.56 (Planning Community District Procedures), and 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2023-045 (6 ayes and 1 absent) recommending approval of the Project to the City Council; and WHEREAS, the City Council held a public hearing on January 23, 2024, in the City 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 the Ralph M. Brown Act, and Chapters 15.45 (Development Agreements), 20.56 (Planning Community District Procedures), and 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: 19-27 Ordinance No. 2024- Page 3 of 5 Section 1: The City Council finds the DA is consistent with provisions of California Government Code Sections 65864 to 65869.5 and Chapter 15.45 (Development Agreements) of the NBMC that authorize binding agreements that: (i) encourage investment in, and commitment to, comprehensive planning and public facilities financing; (ii) strengthen the public planning process and encourage private implementation of the local general plan; (iii) provide certainty in the approval of projects in order to avoid waste of time and resources; and (iv) reduce the economic costs of development by providing assurance to the property owners that they may proceed with projects consistent with existing policies, rules, and regulations. The City Council finds the Development Agreement is consistent with Land Use Element of the General Plan which designates 20 Corporate Plaza as 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 variety of professional office and allowed by right. 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. Additionally, the City Council finds the DA is entered into pursuant to, and constitutes a present exercise of, the City's police power and is in the best interest of the health, safety, and general welfare of the City, residents, and the public. Section 2: The DA which is attached hereto as Exhibit "B," and incorporated herein by reference between the City of Newport Beach and the Applicant to accommodate the development of Project and to enter the agreement for a term of five years, is hereby approved. Section 3: The City Council finds the introduction and adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to 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 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. 19-28 Ordinance No. 2024- Page 4 of 5 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. Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. 19-29 Ordinance No. 2024- Page 5 of 5 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 231d day of January, 2024, and adopted on the 13fh day of February, 2024, by the following vote, to -wit: AYES- NAYS - ABSENT: WILL O'NEILL, MAYOR LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY'S OFFI AAR N C. HARP, CITY ATTORNEY Attachment(s): Exhibit "A" — Legal Description Exhibit "B" — Development Agreement 19-30 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A PARCEL 3, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 102, PAGE 2 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS. NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM ANY OTHER MATERIAL RESOURCES, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING. THAT MAY BE WITHIN OR UNDER THE LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING. MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS. TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL. RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES: WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN A DEED RECORDED MARCH 02. 1993 AS INSTRUMENT NO. 93-143034 OF OFFICIAL RECORDS. ALSO EXCEPTING ANY AND ALL WATER. RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE. DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS $HALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE. ADJUDICATED, STATUTORY OR CONTRACTUAL. BUT WITHOUT HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, IN A DEED RECORDED MARCH 02, 1993 AS INSTRUMENT NO.93-0143034 OF OFFICIAL RECORDS. PARCEL B NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "DECLARATION OF COVENANTS, CONDITIONS. RESTRICTIONS AND EASEMENTS" RECORDED NOVEMBER 18, 1991 AS INSTRUMENT NO- 91-627002 OF OFFICIAL RECORDS OF ORANGE COUNTY. APN! 442-271-24 19-31 EXHIBIT '613" DEVELOPMENT AGREEMENT 19-32 Exhibit "B" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 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 BALDWIN BONE PROPERTIES, LLC CONCERNING "20 CORPORATE PLAZA" 19-33 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 ("C"), 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 (PC-17) 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 Applicant proposes to convert a portion of a subterranean parking garage into a 5,081-square-foot medical office and make other improvements including reconfiguration of the Property to accommodate an office entrance from both ground level and parking garage level, widening the driveway access ramp, and restriping the parking garage which would reduce the total onsite parking by 12 spaces ("Project"). E. As detailed in Section 3 of this Agreement, Property Owner has agreed to provide the sum of Thirty -Seven Thousand Nine Hundred Fifty -Four Dollars ($37,954.00) as a public benefit in consideration for this Agreement. 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 (PC-17) in order to establish appropriate zoning to regulate land use and development of property within the general boundaries of the Corporate Plaza Planned Community. 19-34 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 January 23, 2024, 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 February 13, 2024, 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: 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 February 13, 2024, 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. "C�yt 'shall mean the City of Newport Beach, a California charter city. "City Council" shall mean the governing body of City. 2 19-35 "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 3 19-36 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 SeMc ., as amended ("CERCLA"); the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et SeMc ., 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 SeMc ., as amended; the Clean Air Act, 42 U.S.C. Sections 7401 et se ., as amended; the Clean Water Act, 33 U.S.C. Section 1251, et SeMc ., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et sea., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et sea., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. Sections 4 19-37 300f et sec., 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 M. "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. ">EY" 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. "Pro e " is described in Exhibit "A" and generally depicted on Exhibit "B". "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. 5 19-38 "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. Zonina 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 31 19-39 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 (5`") 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 seg.), or otherwise. In addition to any other remedy set forth in this Agreement VA 19-40 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. 3.3 Other Public Benefits. Reserved 4. Development of Proiect. 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 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. 8 19-41 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. 4.3 Reservations of Authority. 0 19-42 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. 10 19-43 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 11 19-44 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. 12 19-45 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 13 19-46 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 Cily. 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 Snecific Performance Remedv. 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 14 19-47 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 Maieure. 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 Pronertv 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 15 19-48 (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. T� 19-49 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 sea.) 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 17 19-50 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. Mortgaaee Riehts. 12.1 Encumbrances on Prone 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 18 19-51 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: TO PROPERTY OWNER: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Attorney Baldwin Bone Properties, LLC 20 Corporate Plaza Drive Newport Beach, CA 92660 Attention: Shawn Baldwin 19 19-52 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 001 19-53 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. 21 19-54 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 Assians: 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. 22 19-55 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 DESCRIPTION DESIGNATION 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. 23 19-56 ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: Aaron C. Harp, City Attorney 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 Will O'Neill, Mayor 24 19-57 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 -25- 19-58 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A PARCEL 3, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 102, PAGE 2 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL. OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM ANY OTHER MATERIAL RESOURCES, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS. TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND. AS RESERVED IN A DEED RECORDED MARCH 02. 1993 AS INSTRUMENT NO. 93-143034 OF OFFICIAL RECORDS. ALSO EXCEPTING ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE. DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL, BUT WITHOUT HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, IN A DEED RECORDED MARCH 02, 1993 AS INSTRUMENT NO.93-0143034 OF OFFICIAL RECORDS. PARCEL B: NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS" RECORDED NOVEMBER 18, 1991 AS INSTRUMENT NO. 91.627002 OF OFFICIAL RECORDS OF ORANGE COUNTY. APN• 442-271.24 19-59 DEPICTION OF PROPERTY :t - - - MEDr-k OffMo fit' •._.` \ \ NEW ENTRANCH -'JJ_ _ ISIM &F.DfrnV-YEWGFA 3`.! • / `'\ ''\ 4bu BF. PAR"40 GFA ••'J i ` �O /r• BZPAAKPJO•1.•`- kLI i 18PAMUNGSTAUSPRONOM ,\ �1DnlMPAP.CNO IL EMSMO OATH ON T=ClOC1(OATS I O � •. (`, �,�t `�\ •`\ vc To RE/MN OPEN DURING 6OSIiE53 - • _'tq HOURS \ 1 S�/ ` 1 A10-00773 v401.06.11 FINAL 19-60 Attachment C Resolution No. 2024-6 (General Plan Amendment) 19-61 RESOLUTION NO. 2024- 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT FOR A MEDICAL OFFICE LOCATED AT 20 CORPORATE PLAZA (PA2022-0158) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by 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"), WHEREAS, the Applicant proposes to convert a portion of a subterranean parking garage into a 5,081-square-foot medical office and make other improvements including reconfiguration of the Property to accommodate an office entrance from both ground level and parking garage level, widening the driveway access ramp, and restriping the parking garage which would reduce the total onsite parking by 12 spaces ("Project'); WHEREAS, the following approvals are requested or required for the Project: • 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 ("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 to Building Site 20; 19-62 Resolution No. 2024- Page 2 of 8 • Conditional Use Permit ("CUP") — To allow an adjustment to the required off- street parking by waiving the four additional spaces required for the new medical office; and • Development Agreement ("DA") — A 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"), WHEREAS, 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, WHEREAS, the Property is not located within the coastal zone; WHEREAS, the Planning Commission held a public hearing on December 21, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time the Planning Commission considered the Project. 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"), and Chapters 15.45 (Development Agreements), 20.56 (Planning Community District Procedures), and 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2023-045 (6 ayes and 1 absent) recommending approval of the Project to the City Council; and WHEREAS, the City Council held a public hearing on January 23, 2024, in the City 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 the Ralph M. Brown Act, and Chapters 15.45 (Development Agreements), 20.56 (Planning Community District Procedures), and 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: 19-63 Resolution No. 2024- Page 3 of 8 Section 1: The City Council hereby approves an amendment to Anomaly No. 34 of the 2006 Newport Beach General Plan Land Use Element, which is attached hereto as Exhibit "B," and incorporated herein by reference. Section 2: An amendment to the 2006 Newport Beach General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et seq., set forth any required findings for either approval or denial of such amendments. Nonetheless, the GPA is consistent with the City of Newport Beach General Plan. Findings and Facts in Support of Findings of General Plan Consistency: 1. The Project includes a GPA to amend the development limit for Anomaly Number 34. The development limit for the anomaly will be increased by 2,711 square feet 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 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 the PC-17 Development Plan or to the greater Newport Center area. 19-64 Resolution No. 2024- Page 4 of 8 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. 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 the PC-17 Development Plan 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. 19-65 Resolution No. 2024- Page 5 of 8 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 in demand. 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. Tribal Consultation Finding: Pursuant to California Government Code Section 65352.3 (SB18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. Fact in Support of Finding of Tribal Consultation Consistency: 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 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 on the Project have been included to the satisfaction of the tribe to address potential concerns regarding the protection of Tribal Cultural Resources. 19-66 Resolution No. 2024- Page 6 of 8 Section 3: 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 (Newport Center). 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. Facts in Support of Finding of Charter Section 423 Consistency: The following table shows the increases attributable to the Project, prior amendments, and the resulting totals thereby demonstrating that no vote of the electorate is required if the City Council approves the GPA. 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 19-67 Resolution No. 2024- Page 7 of 8 Section 4: The City Council finds the approval of this GPA is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to 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 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 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. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. •.: Resolution No. 2024- Page 8 of 8 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 23,d day of January, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFF CE a n C. Harp City Attorney Attachment(s): Exhibit "A" — Legal Description Exhibit "B" — General Plan Amendment to Anomaly No. 34 of the 2006 Newport Beach General Plan Land Use Element 19-69 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A -- PARCEL 3, IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 102, PAGE 2 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM ANY OTHER MATERIAL RESOURCES, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING. THAT MAY BE WITHIN OR UNDER THE LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL. EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES: WITHOUT. HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND. AS RESERVED IN A DEED RECORDED MARCH 02, 1993 AS INSTRUMENT NO. 93-143034 OF OFFICIAL RECORDS. ALSO EXCEPTING ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILI7-E SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL, BUT WITHOUT HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, IN A DEED RECORDED MARCH 02, 1993 AS INSTRUMENT NO. 93-0143034 OF OFFICIAL RECORDS. PARCEL B NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS" RECORDED NOVEMBER 18, 1991 AS INSTRUMENT NO.91-627002 OF OFFICIAL RECORDS OF ORANGE COUNTY. APN, 449.771.74 19-70 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 Additional Limit Other Information 34 L1 CO-R 471,591 19-71 Attachment D Resolution No. 2024-7 (Conditional Use Permit) 19- 72 RESOLUTION NO. 2024- 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MEDICAL OFFICE LOCATED AT 20 CORPORATE PLAZA (PA2022-0158) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by 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"); WHEREAS, the Applicant proposes to convert a portion of a subterranean parking garage into a 5,081-square-foot medical office and make other improvements including reconfiguration of the Property to accommodate an office entrance from both ground level and parking garage level, widening the driveway access ramp, and restriping the parking garage which would reduce the total onsite parking by 12 spaces ("Project"); WHEREAS, the following approvals are requested or required for the Project: • 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 ("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 to Building Site 20, • Conditional Use Permit ("CUP") —To allow an adjustment to the required off-street parking by waiving the four additional spaces required for the new medical office, and 19-73 Resolution No. 2024- Page 2 of 9 • Development Agreement ("DA") —A 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"); WHEREAS, 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; WHEREAS, the Property is not located within the coastal zone; WHEREAS, the Planning Commission held a public hearing on December 21, 2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time the Planning Commission considered the Project. 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"), and Chapters 15.45 (Development Agreements), 20.56 (Planning Community District Procedures), and 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2023-045 (6 ayes and 1 absent) recommending approval of the Project to the City Council; and WHEREAS, the City Council held a public hearing on January 23, 2024, in the City 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 the Ralph M. Brown Act, and Chapters 15.45 (Development Agreements), 20.56 (Planning Community District Procedures), and 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby approves the CUP subject to the Conditions of Approval set forth in Exhibit "B," which is attached hereto and incorporated by reference. 19-74 Resolution No. 2024- Page 3 of 9 Section 2: The approval is 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. 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. 19-75 Resolution No. 2024- Page 4 of 9 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 the PC-17 Development Plan 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. 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 the PC-17 Development Plan 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. 19-76 Resolution No. 2024- Page 5 of 9 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. 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. 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 the PC-17 Development Plan does not currently allow medical offices in Building Site 20, the Project would amend the allowed uses of the PC-17 Development Plan 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 the PC-17 Development Plan, 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. 19-77 Resolution No. 2024- Page 6 of 9 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 the PC-17 Development Plan as medical office is already an allowed use within other Building Sites in the PC-17 Development Plan. 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 Plan 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. 19-78 Resolution No. 2024- Page 7 of 9 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. 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 Development Plan 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. ("Parking Study"). To estimate the existing parking demand within the PC-17 Development Plan, RK Engineering Group, Inc. conducted two consecutive weekday surveys. The Parking Study then estimates the peak parking demand for the PC-17 Development Plan by adding the 20 required parking spaces for the Project and the required parking for any currently vacant suites. The Parking Study estimates approximately 47 required parking spaces for the current vacancies within the PC-17 Development Plan. 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. 19-79 Resolution No. 2024- Page 8 of 9 4. The Parking Study was reviewed and accepted by the City's Traffic Engineer and demonstrates that the PC-17 Development Plan 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 the PC-17 Development Plan. Specifically, the parking pool for the PC-17 Development Plan 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. Section 3: The City Council finds the approval of this Conditional Use Permit exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to 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 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 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. Resolution No. 2024- Page 9 of 9 Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: if any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 23rd day of January, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFF[CE Aaron C. Harp City Attorney Attachment(s): Exhibit "A" — Legal Description Exhibit "B" — Conditions of Approval 19-81 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS: PARCEL fA PARCEL 3, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 102, PAGE 2 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM ANY OTHER MATERIAL RESOURCES, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN A DEED RECORDED MARCH 02, 1993 AS INSTRUMENT NO. 93-143034 OF OFFICIAL RECORDS. ALSO EXCEPTING ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL, BUT WITHOUT HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, IN A DEED RECORDED MARCH 02, 1993 AS INSTRUMENT NO.93-0143034 OF OFFICIAL RECORDS. PARCELS: NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS" RECORDED NOVEMBER 18, 1991 AS INSTRUMENT NO.91-627002 OF OFFICIAL RECORDS OF ORANGE COUNTY. APN: 442-271-24 19-82 EXHIBIT "B" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division 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 City Council 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. 19-83 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. 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 "B" 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 .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 45dBA 60dBA 45dBA 50dBA 19-85 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 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. 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 19-87 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. 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. •:: Attachment E Project Plans .O ,G.2 "�— ' 1 1.5 2 2.5 o o ° LO M O o Lo LU � wC? rn J l W N co z � — C7 W aI Q I I I I � A-31.1 — � I I REF: CIVIL DR+N55 FOR CONTINUATION OF CURBS 8 STRIPING I I TO ORIGIN POINT OF ALL AXIS S--- RADI I \ \ KEY NOTES: KEYNOTES SHOWN PERTAIN TO THI5 SHEET ONLY \ FIRE SPRINKLER RI5ER ASSEMBLY CONTROL VALVE/ TEST VALVE <q>LINE OF DUCT ABOVE- MAINTAIN 8'2" MINIMUM CLEARANCE BELOW \ \ OFIRE MAIN TO FLOOR ABOVE- REF: GROUND FLOOR PLAN IS 4" WIDE, WHITE TRAFFIC DIVIDER LINE O3 GURNEY ACCE551BLE ELEVATOR- OVERHEAD CLEARANCE SIGN- (8' 2") \ REF: SPECIFICATIONS 8 5HT. A-45.0 I� OVERHEAD CLEARANCE 516N- ('1'-O") G q. IS P-3 PAVING- REF: LI-OI O lb" HIGH CONCRETE CURB- REF: CIVIL DRWGS STRUCTURAL COLUMN- REF: STRUCTURAL PRW65 A \ / O PREFABRICATED STAIR 8 RAILING SYSTEM- A 4� PAINT ALL INTERIOR GARAGE WALLS AND UNDERSIDE OF STANDARD DECK AT GARAGE, WHITE (U.N.O.), 5HERWIN WILLIAMS WHITE DRYFALL-EGGSHELL \ REF: 5HT A-45.0 8 MFR'5 DRWGS b" b" CONCRETE CURB OX TRENCH DRAIN- REF: PLUMBING DRWGS SLOPE CONCRETE TO DRAIN 1/2" PER FOOT MIN. SLIDING SECURITY GATE- Ac \ LIFTMA5TER ELITE SERIES C51 24V. FUTURE SHAFT PROVIDE 5LIDINO PRIMARY 8 SECONDARY 6ATE5 (I-7' MIN LENGTH). GATES SHALL BE CUSTOM DESIGN. GATE SYSTEM INCLUDING ALL OPERATING HARDWARE SHALL BE \ DESIGN/ BUILD. CONTACT AUTOMATED GATE SERVICES, INC. ATTN: E.J.BAUM / 555.425.37 11 X515 10 TO ORIGIN POINT ti II BICYCLE PARKING FOR LONG TERM BICYLE- 2 BICYCLE CAPACITY ODETECTABLE WARNING- 3' WIDE (MIN) IN DIRECTION OF TRAVEL - STAINLESS STEEL DETECTABLE WARNING INSERTS BY D.W. DOTSAA REF: 3/ 4-0.5 FOR PATTERN AND ADD'L REQUIREMENTS 13 NO FLOOR SLOPE REQUIRED AT CONVENIENCE DRAIN OUTSIDE FACE OF WALL- R 231'--7" i A R 134' R 131'-6" i i LEGEND: CONCRETE WALL OR COLUMN FRAMED WALL - REF: WALL TYPES ® EXIT SION ABOVE MAINTAIN 5'2" MIN CLEAR WHERE HATCHED MAINTAIN l'-0" MIN CLEAR ELSEWHERE DEPRESS BASEMENT SLAB 4" TO RECEIVE LITHOCRETE FINISH - REF: LI-01 FOR FINISH S ADD'L INFORMATION Ac FE WALL MOUNTED FIRE EXTINGUISHER I. ALL STRUCTURE DIMENSIONS ARE TO FACE OF STUD OR FACE OF CONCRETE, U.N.O. 2. ALL STRIPING 15 4" WIDE PAINTED STRIPING. DIMENSIONS ARE TO CENTERLINE OF STRIPE AT STALL WIDTH AND TO OUTSIDE EDGE OF STRIPE AT STALL LENGTH. ALL PARKING STALLS ARE 4'-0" WIDE X IS'-O" LONG U.N.O. MINIMUM STALL DIMENSION ALLOWED 15 8' ,6" WIDE X I'1'-6" LONG. 3. REFERENCE STRUCTURAL, MECHANICAL, ELECTRICAL AND PLUMBING DRAWINGS FOR ADDITIONAL INFORMATION. / / \ PA NT \ STRIP S A A \ � \ NO P AKININ � \0 / \ a-FH J 0, H R '-6" R�24' 8" PAIN R 21 '- i TRIPES' FOR\ , O PARK gyp" R 196'8'" \ E i D . 1 R 188'- D ' R 179'- 1 ' C' R 164'-2" / i i PROJECT NORTH X (0°) REFERENCE AXIS I FLOOR PLAN- BASEMENT LEVEL ill L• = '0 0 0 0 0 SHEET TITLE FLOOR PLAN BASEMENT LEVEL SHEET NUMBER -2 c 'o i * PER IT DATE A-110I/a SCALE 1=11-011 THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MCLARAND, VASQUEZ, EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR REVIEW. THIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, VASQUEZ, EMSIEK B PARTNERS, INC. ALL RIGHTS RESERVED, ®COPYRIGHT 2013. L f z M�,Larand Vasquez Ernsiek & Partners. Inc. 1900 maill Street. Suite 800 le,vine, California 92614 T 949.809.3388 F 949.809.3399 itit o`&rr1ve-arch it�cts. com www-111Ve-architects, c0111 ArchRecture Planning Interiors ..I C 19-90 1 1.5 2 2.5 �X ° o o � M O w o of J J LLJ o Z z — 11J C7 � al Q G.2 GENERAL NOTES: I. ALL STRUCTURE DIMENSIONS ARE TO FACE OF STUD OR FACE OF SHEATHING (WHERE OCCURS), U.N.O. 3 2. ALL RADII AND AXI5 LINE ORIGINATE FROM A SINGLE, COMMON POINT. FOR PURPOSES OF THI5 DRAWING, 3.5 GRID LINE 1 -5 40 DEGREES. REF: REFERENCE AXIS. BELOW. 4 3. PROVIDE R-Id BATT INSULATION AT ALL EXTERIOR WALLS. o 4.1 4. REFERENCE SHEETS A ,61.41 AND A b1.42 FOR WALL TYPES. 0 I 4.5 5. ALL APPLIANCES SHALL BE ENERGY STAR LABELED o L ^ 5 b. REFERENCE ENLARGED PLANS, 5HEEET5 A-41.1 4 A-412 FOR ADDITIONAL INFORMATION. o / ` -7. LANDINGS OR FLOOR LEVEL DOORS SHALL BE MAXIMUM 1/2" BELOW THE THRESHOLD. RA15ED THRESHOLDS AND FLOO VEL GRANGES GREATER THAN I/4" AT DOORWAYS SHALL BE BEVELED WITH A SLOPE NOT 441 a/ G T THAN E IGA TW O Q Co / 2 44/ 8. PROVIDE PAINTED RECESSED WOOD BASE AT ALL INTERIOR WALLS TO RECEIVE DRYWALL FINISH. REFER � TO INTERIOR DRAWINGS FOR DETAIL. LV. 5T EL GRATING 7� RAMP HANDRAIL, REF WALL LEGEND: / T CURVATURE / ` 4/A-45.0 FOR OF BUI CONFIGURATION o REF ALL '�E p /7 7 7 7 7 i GMU WALL, REF STRUGT DWGS �10/A .I / 2 v WEST ELEVATION CONCRETE WALL, REF 5TRUCT DW05 I i / A-5 I- �tllf� METAL STUD WALL 1111M."Elml. — — INDIAN SANDSTONE FINISH FLOOR TO CEILING AT WALL, JOINT PATTERN AS DETERMINED BY ARCHITECT. z >12 GALV. STEEL GRATING \ TO MATCH CURVATURE I2LDING RE WALL SECTION- 10/A .1 7 \\ \ i 7A-FH /v A-, �.� �� � v K POINT OF ALL ` �TO RAP[US/ I / A�' // i 3 \ / �, J R232'-5" AXIS 4 RADII S3 �� \ �Ii� I \ / AH KEY NOTES. � V A V'� � � \3 -gyp / i � � \ \ �\ \ � / / A- . �— \ G� KEYNOTES SHOWN PERTAIN TO THIS SHEET ONLY ` S � � � � � / _ � / \ � � i / 5 TYP \ 4 / O RECYCLE BINS PER 5.410.1 F TYP O ROOF ACCESS LADDER- REF: 4/A;621b_2 A 62.41 GO ER5 \ �A R 196'8" OEXTERIOR PAVING- REF: LANDSCAPE ORWGS EAST ELEVATION ` S ° i° , / \ \ // V / �j i \\ \ C OLANDSCAPE PLANTER- REF: LANDSCAPE DRW55 OTREE PLANTER- REF: LANDSCAPE DRW05 D.G. PLANTER- REF: LANDSCAPE DRW65 OGURNEY ACCE551BLE ELEVATOR - REF: SPECIFICATIONS REF: PET. II/ A45.0 FOR ACCE551BILTY INFORMATION OUPPER APPROACH AND ALL TREADS SHALL BE MARKED BY A STRIP OF CLEARLY CONTRASTING COLOR AT LEA5T2" WIDTH AND NOT MORE THAN 4" WIDE PLACED PARALLEL TO AND NOT MORE THAN I" FROM THE N05E OF THE STEP OR LANDING TO ALERT THE V15UALLY IMPAIRED. THE STRIP SHALL BE OF A MATERIAL THAT 15 AT LEAST AS SLIP -RESISTANT AS THE OTHER TREADS OF THE STAIR. PROVIDE CAST IN INSERT PER 3/A-45.0. HANDRAIL, REF 4/A-45.0 FOR CODE COMPLIANT CONFIGURATION. REFERENCE LANDSCAPE DRAWINGS FOR DESIGN INTENT. 10 FUTURE DUCT SHAFT OPENING UNDER SEPARATE PERMIT II ISOLATE DUCTWORK IN SHAFT FROM STRUCTURE/ROOF USING MASON TYPE BR MOUNTS HAVING 0.3 INCHES OF STATIC DEFLECTION 70 ram° \ ' , \ R 179'- \ � IN � NORTH ELEVATION / O / / S \ 3.0 A.3 R 145'-4" / /q R 134' R 131'-6" i TO ORIGIN POINT�` / ■ ■ ^ , FLOOR PLAN- GROUND LEVEL X (0°) PROJECT NORTH REFERENCE AXIS 1 ' I i • • m RM � '0 m 0• = '0 0 •' 0 0 0 0 0 0 0 0 0 0 0 SHEET TITLE FLOOR PLAN GROUND LEVEL SHEET NUMBER _2oo,&-"io2oa PER IT DATE A-11.1 SCALE 1=11-011 THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MCLARAND, VASQUEZ, EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR REVIEW. THIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, VASQUEZ, EMSIEK B PARTNERS, INC. ALL RIGHTS RESERVED, ®COPYRIGHT 2013. 0 N I 19-91 NEW ENTRANCE z O 0 I n U I I I EXISTING GATE ON TIMECLOCK, GATE TO REMAIN OPEN DURING BUSINESS HOURS GATE NOTES: BUILDING CONSTRUCTION: TYPE 1113, FULLY SPRINKLERED PROPOSED OCCUPANCIES: 'B' OFFICE EXISTING 'S-2' PARKING EXISTING 'B' CLINIC, OUTPATIENT NOT CLASSIFIED AS GROUP 1-2.1. — — — — — — — — — — (WILL ACCOMODATE 5 PATIENTS OR \ LESS) (USE IN SUITE WILL NOT PROVIDE SERVICES FOR EMERGENCY TREATMENT OR EMERGENCY SURGERY) (USE WILL NOT \ PROVIDE OUTPATIENT SERVICES FOR A \ HOSPITAL, OR REHABILITATION AND OUTPATIENT PHYSICAL THERAPY SERVICES} OCCUPANCY SEPARATION: B / S-2 = 1 HR ACCESSIBLE ACCESS: ACCESSIBLE PATH FROM PARKING AND PUBLIC N. WAY IS PROVIDED VIA EXTERIOR SIDEWALK & a RAMP ACCESS. REFER TO SITE PLAN \ \ NOTES: \ \ \ \ 1. THE ENTIRE FLOOR AREA FOR THE \ \ ADDITIONS PROTECTED BY A FIRE \ IONS SHALL BE SPRINKLER SYSTEM AND A FIRE ALARM \ SYSTEM. EXISTING <51 ` \ STALL � EXISTING \ STALL ®® \ \ \ \ EXI ING 8� \ ALL \ ® O EXISTING \ \ \ 'S-2' PARKING STALL 10 \ 16 PARKING STALLS PROVIDED E TINO OFFICE PARKING TALL \ EXISTING \ STALL ,® EXI ING \ TALL \ EXISTING \ \ STALL ® \ 0 / O / > E STING \ NEW STALL \ ACCESSIBLE O \ STALL \ v 01 EXISTING \ \ \ STALL \ v �/��� 0 '10/ \ ® ® O 'A� EXISTING \ i , STALL �i \ \ \� — — — - < ELEVATOR > 91- ` Manufacturer: Viking Access Systems - Vehicular Gate Operator \ \ ` , - ' XISTING (Please find attached an image with the Manufacturer \ �0 �0 STALL / ool information. This is located on the gate equipment.) \ \ 6 \ ® / Model number: H-10 SN#:6015-10NX-3709 O \ l000l Gate Operations: -Gate operates 24 hours a da seven days per week. \ 0 / p Y, Y p N. \ p � -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. \ \ N ® MEDICAL OFFICE 'B' CLINIC 5,081 S.F. ENTITLEMENT GFA 4,844 S.F. PARKING GFA 11 O EXISTING ' STALL ��� N EXISTING STALL It C A R C H I T E C T U R E 8840 Warner Avenue, Suite 100A Fountain Valley, CA 92708 T. 949.565-7157 W z U Q J J Q �Wm WM� 000 Z OMB Q N Q JU CL Q 0. = Q W 0. VOW Uz O N SHEET TITLE PROPOSED BASEMENT LEVEL FLOOR PLAN SHEET NUMBER A-1 Job No. 2017-124 DATE 01.16.22 SCALE O N O N 0) N 19-92 EXISTING FACADE NEW TILE TO MA7 NEW GLAZING LINE OF EXIST GF NEW ENTRANCE TOP OF PARAPET AT ELEVATOR TOWER 25'-0" (+152.5 TOP OF PARAPET Iq'-O" (+146.5� LEVEL I O" (+127.s� ABLISHED &RAVES GARAGE (+1149 A R C H I T E C T U R E 8840 Warner Avenue, Suite 100A Fountain Valley, CA 92708 T. 949.565-7157 w z ❑ Q U aQ J �Q= .j a �wm w< w 000 zww O N J 0� o� U w oL 0 0 w Uz O N SHEET TITLE PROPOSED EXTERIOR ELEVATION SHEET NUMBER A-2 Job No. 2017-124 DATE 01.15.22 SCALE 1/8" = 1 1-01, O N O N N 19-93 FLUSH CURB WITI 'ART OF EXISTING CURB NEW CONCRETE WALKWAY NEW CONCRETE 24"x84" STRETCH[ A R C H I T E C T U R E 8840 Warner Avenue, Suite 100A Fountain Valley, CA 92708 T. 949.565-7157 w z ❑ Q U Q J �Q= .j a �wm �Q� w 000 zww O Q N J 0� o� U w oL 0 0 w Uz O N SHEET TITLE GURNEY ACCESS FLOOR PLAN SHEET NUMBER A-3 Job o. N -124 20171 DATE 01.15.22 SCALE 1/8" = 1 1-01, O N O N N 19-94 Attachment F Anomaly No. 34 of Table LU2 19-95 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 19-96 Attachment G Redline/Strikeout version of the amended Planned Community Development Plan 19-97 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 19-98 -2- Introduction.... SECTION I SECTION II SECTION III SECTION IV Sub -Section A Sub -Section B Sub -Section C Sub -Section D Sub -Section E Sub -Section F Sub -Section G 10 Sub -Section H IN Sub -Section I Sub -Section J Sub -Section K 11 TABLE OF CONTENTS .................................................................................... STATISTICAL ANALYSIS ...................... GENERAL NOTES ................................... DEFINITIONS ............................................ BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL ...................... Intent.............................................................. Permitted Uses ............................................. Building Location ........................................ Building Height ............................................ Parking........................................................... Landscaping.................................................. LoadingAreas .............................................. Storage Areas ............................ Refuse Collection Areas ................ Telephone and Electrical Service. Signs..................................... Page 3 Page 4 Page 5 Page 7 im Page 8 Page 8 Page 8 Page 9 Page 9 Page 9 Page Page .... Page 10 ... Page 11 ................. . Page 19-99 -3- 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. 19-100 -4- SECTION 1. 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 471,5914697 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 84,92 3797847 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 sauare 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. 19-101 161 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. 19-102 IM 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. 19-103 -7- 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. 19-104 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 7Q�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. 19-105 In 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. 19-106 -10- 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. ScreeninZ 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. 19-107 -11- 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. 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 19-108 -12- 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 19-109 -13- 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. 19-110 Attachment H Parking Study, prepared by RK Engineering Group, Inc. 19-111 engineering group, loc. January 5, 2024 Mr. Omar M. Dandashi BALDWIN & SONS 20 Corporate Plaza Newport Beach, CA 92660 traffic engineering & design transportation planning parking acoustical engineering air quality & ghg 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) to consider, 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. 1401 dove street, ste, 540 newport beach, ca 92660 S (949)474-0809 ® rkengineeccom 19-112 BALDWIN & SONS RK19350 / JN: 2976-2021-01 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 121", 2023, from 7:00 AM to 7:00 PM at 1-hour intervals; and • Wednesday, September 131", 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 twelve parking spaces will be eliminated at 20 Corporate Plaza. After accounting for the loss of these twelve (12) spaces, the projected parking demand utilizes a parking inventory of 1,534 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. Page 2 ®engineering group, inc. rkengineer.com 19-113 BALDWIN & SONS RK19350 / JN: 2976-2021-01 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). 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, the proposed project will eliminate a total of twelve (12) onsite parking spaces. After accounting for the loss of these twelve (12) spaces, the projected parking demand utilizes a parking inventory of 1,534 parking spaces contained in the six (6) identified parking zones. Page 3 ®engineering grouu, inc. rkengineer.com 19-114 BALDWIN & SONS RK19350 / JN: 2976-2021-01 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 121", 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 13tn 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, the proposed project will eliminate a total of twelve (12) onsite parking spaces. After accounting for the loss of these twelve (12) spaces, the projected parking demand utilizes a parking inventory of 1,534 parking spaces contained in the six (6) identified parking zones. Page 4 ®engineering grouu, inc. rkengineer.com 19-115 BALDWIN & SONS RK19350 / JN: 2976-2021-01 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 President Page 5 Elias Bandek, EIT Engineer II ®engineering group, inc. rkengineer.com 19-116 Exhibits 19-117 Exhibit A Location Map r - I70JA Y cam' ■ - - � s` • 40 J - J 40 40 r r � / S � 6 t, �~ ~ + . �• . /% �y• * .a K Legend: ®= Project Site Boundary = Proposed Expansion Area (20 Corporate Plaza) N 2976-2021-01 20 CORPORATE PLAZA OBSERVED PARKING ANALYSIS, City of Newport Beach, CA engineering group, inc. 19-118 0 NEW ENTRANCE EXISTING GATE O TO REMAIN OPEN HOURS Z Exhibit B Site Plan 2976-2021-01 20 CORPORATE PLAZA OBSERVED PARKING ANALYSIS, City of Newport Beach, CA engineering group, inc. 19-119 Exhibit C Existing Parking Zones Legend: -~ ®= Parking Zone Boundary = Proposed Expansion Area (20 Corporate Plaza) 2976-2021-01 20 CORPORATE PLAZA OBSERVED PARKING ANALYSIS, City of Newport Beach, CA engineering group, inc. 19-120 Tables 19-121 Table 1 20 Corporate Plaza Proposed 4,844 Net Square Feet Expansion Corporate Plaza Planned Community (PC-17) District Regulations Required Off -Street Parking Spaces' Proposed Project Parking Ratio Square Feet of Net Floor Area Expansion Parking Spaces Required Proposed 4,844 Net Square Feet Expansion 1 Space per 250 Square Feet of Net Floor Area 4,844 20 Number of Parking Spaces Provided in Subterranean Garage 16 for Proposed Expansion Number of Parking Spaces Deficient per Code -4 I Based on the Corporate Plaza Planned Community (PC-17) District Regulations Off -Street Parking Requirements. j:\rkta tiles\RK193 50TB.xlsx JN:2976-2021-01 19-122 Table 2 Corporate Plaza Planned Community (PC-17) Study Area Observed Hourly Parking Demand with Project Expansion and a 100% Tenant Occupancy Scenario Tuesday, September 12, 2023 ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ZONE 6 TIME Spaces Provided Regular 202 7 Loading 1 Regular 136 5 Reserved 1 Regular 344 7 Loading 1 Reserved 1 10-Min 1 Parking Demand for Vacant Suites (3,838 SF)' Regular 334 8 Loading 2 Parking Demand for Vacant Suites (3,712 SF)' Parking Demand for Proposed Net Floor Area Expansion (4,844 SF)' Regular 102 14 Reserved 25 Visitor 1-Hr 22 Parking Demand for Vacant Suites (4,062 SF)' Regular 293 10 Reserved 2 10-Min 1 Visitor 30-Min 2 Bank Only 13 TOTAL 1,534 Percent Occup ied3 7:00 AM 43 0 0 13 0 0 7 0 0 0 0 15 73 0 0 15 20 12 0 2 1 17 23 3 0 0 0 0 244 15.9% 8:00AM 69 1 0 24 0 0 31 0 0 0 0 15 124 1 2 15 20 49 2 2 2 17 96 5 0 0 0 2 477 31.1% 9:00 AM 127 1 0 40 0 1 81 0 0 0 0 15 179 0 0 15 20 99 2 4 18 17 193 4 2 0 0 1 819 53.4% 10:00 AM 154 3 0 65 0 1 133 0 0 1 0 15 222 2 1 15 20 90 5 8 22 17 258 5 2 0 0 3 1,042 67.9% 11:00 AM 166 2 0 77 1 1 163 1 0 1 0 1 15 227 3 0 1 15 20 100 6 8 22 17 252 8 2 0 0 6 1,113 72.6% 12:00 PM 161 2 0 73 0 1 170 1 0 1 1 15 218 2 0 15 20 94 5 7 16 17 188 4 2 0 0 4 1,017 66.3% 1:00 PM 132 1 0 71 0 1 155 2 0 1 1 15 230 1 0 15 20 92 7 7 18 17 213 7 2 0 0 6 1,014 66.1% 2:00 PM 125 3 0 68 0 1 150 2 0 1 1 15 242 3 0 15 20 89 10 7 21 17 247 7 2 0 0 10 1,056 68.8% 3:00 PM 130 3 0 67 0 1 141 2 0 0 1 15 224 2 0 15 20 85 7 5 15 17 217 7 2 0 0 6 982 64.0% 4:00 PM 124 0 0 56 0 0 122 1 0 1 1 15 207 3 0 15 20 77 6 7 15 17 172 4 2 0 0 7 872 56.8% 5:00 PM 104 0 0 43 0 0 66 0 0 0 0 15 123 1 0 15 20 38 4 6 9 17 84 4 1 0 0 4 554 36.1% 6:00 PM 53 1 1 20 0 0 36 0 0 0 1 15 59 0 1 15 20 16 0 1 9 17 26 0 1 0 0 1 293 19.1% 7:00 PM 20 0 0 5 0 0 21 0 0 0 1 15 33 0 1 15 20 4 1 0 0 4 17 8 0 0 0 0 2 166 10.8% 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. Z 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. The proposed project expansion will remove twelve (12) parking spaces. As such, Zone 4 is reduced by twelve (12) parking spaces, and the new total inventory consists of 1,534 parking spaces. 3 Includes 11,612 square feet of vacant space and 4,844 square feet of proposed net floor area expansion. j:\rkta bles\RK19350TB.xlsx JN: 2976-2021-01 19-123 Table 3 Corporate Plaza Planned Community (PC-17) Study Area Observed Hourly Parking Demand with Project Expansion and a 100% Tenant Occupancy Scenario Wednesday, September 13, 2023 ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ZONE 6 TIME Spaces Provided Regular 202 7 Loading 1 Regular 136 5 Reserved 1 Regular 344 7 Loading 1 Reserved 1 10-Min 1 Parking Demand for Vacant Suites (3,838 SF)' Regular 334 8 Loading 2 Parking Demand for Vacant Suites (3,712 SF)' Parking Demand for Proposed Net Floor Area Expansion (4,844 SF)' Regular 102 14 Reserved 25 Visitor 1-Hr 22 Parking Demand for Vacant Suites (4,062 SF)' Regular 293 10 Reserved 2 10-Min 1 Visitor 30-Min 2 Bank Only 13 TOTAL 1,534 Percent Occup ied3 7:00 AM 30 0 0 11 0 0 12 0 0 0 0 15 63 1 0 15 20 12 1 1 0 17 23 0 0 0 0 0 221 14.4% 8:00 AM 58 1 0 18 0 0 32 1 0 0 0 15 131 0 0 15 20 52 3 2 1 17 97 3 0 0 0 0 466 30.4% 9:00 AM 127 0 0 57 0 1 96 1 0 0 1 15 195 0 0 15 20 95 5 5 18 17 210 6 2 0 0 2 888 57.9% 10:00 AM 140 3 0 70 1 1 122 1 0 0 1 15 269 3 0 15 20 101 10 11 21 17 227 6 2 0 0 2 1,058 69.0% 11:00 AM 142 4 0 99 0 1 150 3 0 0 1 15 220 3 0 1 15 20 102 11 12 22 17 248 6 2 0 0 4 1,097 71.5% 12:00 PM 128 3 0 74 0 1 146 2 0 0 0 15 238 1 0 15 20 96 7 13 17 17 192 3 2 0 0 6 996 64.9% 1:00 PM 105 3 0 70 0 1 136 3 0 0 0 15 228 1 0 15 20 94 5 12 18 17 218 8 2 0 0 8 979 63.8% 2:00 PM 118 3 0 62 0 1 146 0 0 1 0 15 245 1 0 15 20 94 8 13 19 17 235 5 1 0 0 4 1,023 66.7% 3:00 PM 117 3 0 60 0 0 132 0 0 0 1 15 247 1 1 15 20 94 5 13 21 17 230 7 2 0 1 4 1,006 65.6% 4:00 PM 113 2 0 55 0 0 122 0 0 1 0 15 208 2 2 15 20 77 5 9 10 17 174 7 2 0 0 5 861 56.1% 5:00 PM 97 3 0 36 0 0 82 0 0 0 0 15 145 0 1 15 20 47 3 5 8 17 91 4 0 0 0 1 1590 38.5% 6:00 PM 51 1 0 17 0 0 32 0 0 0 0 15 42 0 1 15 20 18 0 1 3 17 29 2 0 0 0 2 266 17.3% 7:00 PM 29 0 0 11 0 0 15 0 0 0 0 15 24 0 0 15 20 10 0 2 1 17 18 0 0 0 0 1 178 11.6% 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. Z 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. The proposed project expansion will remove twelve (12) parking spaces. As such, Zone 4 is reduced by twelve (12) parking spaces, and the new total inventory consists of 1,534 parking spaces. 3 Includes 11,612 square feet of vacant space and 4,844 square feet of proposed net floor area expansion. j:\rkta bles\RK19350TB.xlsx JN: 2976-2021-01 19-124 Table 4 Corporate Plaza Planned Community (PC-17) Study Area Observed Peak Hour Parking Demand Summary' Peak Hour Parking Peak Hour Parking Parking Spaces Parking Spaces Observed Date Percent Occupied Demand Time Demand Provided Available Tuesday, September 12, 2023 11:00 AM - 12:00 PM 1,113 1,534 72.6% +421 Wednesday, September 131 2023 11:00 AM - 12:00 PM 1,097 1,534 71.5% +437 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. j:\rktables\RK19350TB.xlsx J N: 2976-2021-01 19-125 Appendices 19-126 1133 engineering group, inc. Appendix A Observed Parking Demand Counts Tuesday, September 121h, 2023 & Wednesday, September 131h, 2023 RK19350 JN: 2976-2021-01 19-127 Table 1 20 Corporate Plaza Observed Hourly Parking Demand September 2023 - Tuesday 12th �mooaaaaaamoaoaaaaa®0000aaaa�o©aaaaaam©o©aaa©am©000aoa©� ®ooaaaaaamoaoaaaaam0000aaaa�ooaaaaaam©ooaaama�oo©oaoao® ��©oaaaaaamoaoaaaaa®0000aaaa®©oaaaaaam©©oaaama®©o©oaoa©� ��©oaaaaaamoaoaaaaa�0000aaaa®©oaaaaaa�000aaama�o©©oaoao ��©oaaaaaa®oaoaaaaa�0000aaaa�©oaaaaaao©ooaaama�o©©oaoao� ®ooaaaaaamoaoaaaaa®©000aaaa�ooaaaaaam000aaama®oo©oaoao� ®©oaaaaaamoaoaaaaa�©000aaaa�©o�aaaaamm©oaaa®a�oo©oaoam ��©oaaaaaamoaoaaaaa�©000aaaa�©oaaaaaamoo©aaama®oo©oaoao� ��ooaaaaaamoaoaaaaa®0000aaaa�©oaaaaaam000aaama®oo©oaoao�� ��ooaaaaaamoaoaaaaam0000aaaa®ooaaaaaam000aaaoa00000aoao�� ®ooaaaaaamoaoaaaaam0000aaaamooaaaaaam000aaaoam0000aoao� �mooaaaaaa©oaoaaaaa®0000aaaa®ooaaaaaa0000aaaoa00000aoa©mom 19-128 Table 2 20 Corporate Plaza Observed Hourly Parking Demand September 2023 - Wednesday 13th 19-129 1133 engineering group, inc. Appendix B Corporate Plaza Planned Community District Regulations (PC-17) Off -Street Parking Requirements RK19350 JN: 2976-2021-01 19-130 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 19-131 -2- TABLE OF CONTENTS Introduction............................................................................................................... SECTION I STATISTICAL ANALYSIS ...................... SECTION II GENERAL NOTES ................................... SECTION III DEFINITIONS ............................................ SECTION IV BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL ...................... Sub -Section A Intent.............................................................. Sub -Section B Permitted Uses ............................................. Sub -Section C Building Location ........................................ Sub -Section D Building Height ............................................ Sub -Section E Parking........................................................... Sub -Section F Landscaping .................................................. Sub -Section G Loading Areas .............................................. Sub -Section H Storage Areas ............................................... Sub -Section I Refuse Collection Areas ............................. Sub -Section J Telephone and Electrical Service ............. Sub -Section K Signs.............................................................. Page 3 Page 4 Page 5 Page 7 Page 8 Page 8 Page 8 Page 8 Page 9 Page 9 Page 9 Page 10 Page 10 Page 10 Page 1 I Page I 19-132 -3- 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. 19-133 el 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 medicaudental 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. 19-134 -5- 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. 19-135 IM 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. 19-136 -7- 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. 19-137 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: 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. Buildiniz Location All buildings shall be located in substantial conformance with the approved site plan. 19-138 10 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. 19-139 -10- 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 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. 19-140 -11- 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. Suns 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. 19-141 -12- 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. 19-142 -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. 19-143 v z v 0 v v v 0 o � DR Z v C�V�C USE OR 0 DR \ 15 ENTER C�UBNO 17 14 z 1 -1 12 m X X 18 0 1 19 20 2 23 Li O� O 1401 24 OG� 22 0 Q Q- J\ p C 3 CORPORATE PL � yGe O v S �SCOo� Co� 4 7 my CO) 0,4, F ��hgRe p� o� �P lorF� '1� WOGS J� Z ��G OGP D O 0 300 600 �F Corporate Plaza Feet .� er Planned Community Professional /Office /Commercial /Medical Nuz1� Document Name: PC 17 Corporate_ Plaza Date: 0412612016 19-144 Future Home of Amen"can Products 31 Technology Dr. (714) 5514500 sip: Company AFCWECT: Frank Lloyd Wright cofirwma Johnson Construction THG �FtvartE COMP 19-145 °""" c".„ A,-), CORPORATE PLAZA NEWPORT CENTER :••.vrxur fica[n. CA a r :x i SETBACKS SITE PLAN i 19-146 PWACow. , CORPORA E CENPLAZA rJEP BR,C CA SIGHT PLANE PLAN 19-147 CORPORATE PL A ZA NE WPORT CENTER -tx r e--. � cti I f [E i c , tlr_ 17 ?e a+der�,a ,r ulr'y. 1133 engineering group, inc. Appendix C Existing Vacancies 1-26 Corporate Plaza Drive (Source: Loopnet.com) RK19350 JN: 2976-2021-01 19-149 t., Loop Nev Laura Preston- Fayerman 9492743424 Two Corporate Plaza 2 Corporate Plaza Dr 3,712 SF of Office Space Available in Newport Beach, CA -moor 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 19-150 ALL AVAILABLE SPACE (1) SPACE SIZE TERM RENTAL RATE SPACE USE CONDITION AVAILABLE 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 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, Atrium Reception Area Secure Storage 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. 19-151 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) 19-152 TRANSPORTATION TRANSIT/SUBWAY 1st Street Station 5th Street Station m Long Beach Transit Mall Pacific Station (D (9 Anaheim Station QD (9 COMMUTER RAIL Tustin Commuter Rail (Orange County, Inland Empire -Orange County Lines) M METR❑LINK mom Irvine Commuter Rail (Orange County, Inland Empire -Orange County Lines) METROLINK. F mom Santa Ana Commuter Rail (Orange County, Inland Empire - Orange County Lines) U METR❑LINK. =49 mom Orange Commuter Rail (Orange County, Inland Empire -Orange County Lines) U METR❑LINK mom Laguna Niguel/Mission Viejo Commuter Rail (Orange County, Inland Empire -Orange County Lines) U METR❑LINK MOM MOM 39 min drive 26.4 mi 38 min drive 26.1 mi 40 min drive 26.6 mi 40 min drive 26.5 mi 38 min drive 26.6 mi 16 min drive 9.1 mi 21 min drive 12.4 mi PANS mffi l - Kam' =11 24 min drive 16.2 mi 24 min drive 16.0 mi 19-153 AIRPORT John Wayne Airport Long Beach -Daugherty Field Airport MAP OF 2 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660 .O 00 irvinL Terrace Park k daft r 6 12 min drive 34 min drive � { C'Ontef Dr City of Newport BLach - Civic Cerit-E�r Newport Beach Public Library 19 6.7 mi 26.7 mi Vap data @202-3 19-154 . . 40, 1F '� '�►'r�„may � � .. , m Other Listing ID: 29022829 Date Created: 7/17/2023 Last Updated: 9/8/2023 Address: 2 Corporate Plaza Dr, Newport Beach, CA 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. 19-156 #�,r Loop Nev John Pomer Christian 9498870959 A Heffelman 7143978999 Corporate Plaza 12 Corporate Plaza Dr 3,838 SF of Office Space Available in Newport Beach, CA RWIWEST REDWSOD 19-157 ALL AVAILABLE SPACE (1) SPACE SIZE TERM RENTAL RATE SPACE USE CONDITION AVAILABLE 1st Floor, Ste 150 3,838 SF Negotiable Upon Request Office - Now Call to Show Space is in Excellent Condition 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 19-158 TRANSPORTATION TRANSIT/SUBWAY 5th Street Station QD (9 37 min drive 25.9 mi 1st Street Station (D a 38 min drive 26.2 mi Pacific Station QD 0 38 min drive 26.3 mi Long Beach Transit Mall 38 min drive 26.4 mi Anaheim Station QD 0 37 min drive 26.3 mi COMMUTER RAIL Tustin Commuter Rail (Orange County, Inland Empire -Orange County Lines) 14 min drive 8.9 mi Iim METR❑LINK mom Irvine Commuter Rail (Orange County, Inland Empire -Orange County Lines) 19 min drive 12.2 mi METROLINK. F mom Santa Ana Commuter Rail (Orange County, Inland Empire - Orange County Lines) 19 min drive 13.3 mi U METR❑LINK 6 mom Orange Commuter Rail (Orange County, Inland Empire -Orange County Lines) 23 min drive U METR❑LINK mom Laguna Niguel/Mission Viejo Commuter Rail (Orange County, Inland Empire -Orange County Lines) 23 min drive M METR❑LINK MOM MOM 16.0 mi 15.7 mi 19-159 AIRPORT John Wayne Airport Long Beach -Daugherty Field Airport MAP OF 12 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660 ►U 00F�ter Dr 11 min drive 33 min drive CIVic Cerile r Park BLEnrlph erige r' { r � r L 4 r �F City of Newport Beach - Giv1C Center 9 Newport Beach 0� , Public Library y 6.5 mi 26.5 mi rx N&91A V4 fyfap data @2G23 19-160 ` 40 Cr t r L Building Photo Building Photo 7 Building Photo Building Photo Building Photo ARP�Mffl Listing ID: 25144154 Date Created: 2/28/2022 Last Updated: 9/5/2023 Address: 12 Corporate Plaza Dr, Newport Beach, CA 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. 19-162 Doug Killian 9492635322 #�,r Loop Nev 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 Voit REAL ESTATE SERVICES • Furnished -True "Plug & Play" (Shared space) • Free Parking • Call to show • Walking distance to retail amenities 19-163 ALL AVAILABLE SPACE (1) SPACE SIZE TERM RENTAL RATE SPACE USE CONDITION AVAILABLE 1st Floor, Ste 100-105 250-1,000 SF Negotiable Upon Request Office Full Build -Out Now 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. 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 68" wide clear glass. The property is within walking distance to Fashion Island and Fits 1 - 8 People Free parking 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. 19-164 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 ® BIKE SCORE Very Walkable (80) Very Bikeable (70) 19-165 TRANSPORTATION TRANSIT/SUBWAY 5th Street Station QD (9 1st Street Station (D (9 Long Beach Transit Mall Pacific Station (D (9 Anaheim Station QD (9 COMMUTER RAIL Tustin Commuter Rail (Orange County, Inland Empire -Orange County Lines) M METR❑LINK mom Irvine Commuter Rail (Orange County, Inland Empire -Orange County Lines) METROLINK. mom Santa Ana Commuter Rail (Orange County, Inland Empire - Orange County Lines) U METR❑LINK 6 mom Orange Commuter Rail (Orange County, Inland Empire -Orange County Lines) U METR❑LINK mom Laguna Niguel/Mission Viejo Commuter Rail (Orange County, Inland Empire -Orange County Lines) M METR❑LINK MOM MOM L111�l:N 38 min drive 26.3 mi 38 min drive 26.4 mi 38 min drive 26.4 mi 37 min drive 26.4 mi 15 min drive 9.0 mi 20 min drive 12.3 mi pill "ni t - K1Elme 23 min drive 16.0 mi 23 min drive 15.8 mi 19-166 AIRPORT John Wayne Airport Long Beach -Daugherty Field Airport MAP OF 24 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660 Cf�'G 2F%af OF ti City of Newport Bear-h - 1v1C Centc-r Irvine ` Ne+vp Beach erra , PtIrk Public Library V } I 11 min drive 6.5 mi 33 min drive 26.5 mi �r Map data @M23 19-167 ot :,Iklji HUIQ at 777 7 lu. kod.K WAW d 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. 19-169 Timothy Arguello- - 9497244750 Loop Nev David Bolt 9497244715 26 Corporate Plaza Dr 3,062 SF of Office Space Available in Newport Beach, CA [A LEE & ASSOCIATES COMMERCIAL REAL ESTATE 5ERVICE5 19-170 ALL AVAILABLE SPACE (1) 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 PLAN . I nf—atlon. Contact: IIIEILD—a.1— aAVID BDLTaxt=rottaaasa icipal SVWFrindpal LEE 8 4750aR 9497244715— ASS( 949231.0308 cell �________�__ COMMERCIAL RF0.L FSI 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 FEATURES AND AMENITIES Fitness Center Rate includes utilities, building services and property expenses Fits 8 - 25 People Restaurant 19-171 PROPERTY FACTS Building Type Year Built Building Height Building Size Building Class Typical Floor Size Unfinished Ceiling Height Parking WALK SCORE Very Walkable (71) Office 1998 2 Stories 40,085 SF B 36,764 SF 11' 200 Surface Parking Spaces MAP OF 26 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660 ,r f $dtT Dr + City ' ort Beech - Giv Center 9 Newport Beach Public Libra 19 '. - 0g] ;� %I A M-ap -d-ata @2023 19-172 ADDITIONAL PHOTOS Lobby Building Photo Plat Map Lobby Lobby ■ 19-173 Building Photo Building Photo Building Photo Building Photo Building Photo Building Photo W 4W' Listing ID: 28253388 Date Created: 4/17/2023 Last Updated: 9/7/2023 Address: 26 Corporate Plaza Dr, Newport Beach, CA 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. 19-174 Attachment I Planning Commission Resolution No. PC2023-045 19-175 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 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 private parking spaces into a 5,081-square-foot medical office. A total of twelve parking spaces will be lost reconfiguring the Property to accommodate 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). 19-176 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 2 of 23 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. 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 19-177 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 3 of 23 any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the following facts support approval of the amendments: 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 (7tn 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. 19-178 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 4 of 23 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. 19-179 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 5 of 23 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. 19-180 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 6 of 23 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 19-181 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 7 of 23 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. 19-182 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 8 of 23 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: 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. 19-183 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 9 of 23 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. 19-184 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 10 of 23 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 19-185 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 11 of 23 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: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto BY: Curtis Ellmore, Chair BY: Tiisfxv' RA.v'v'iS 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 19-186 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 12 of 23 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND I S DESCRIBED AS FOLLOWS: ZhTiIIAW T PARCEL 3, IN THE CITY OF NEPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 102, PAGE 2 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY VMATSOEVER NAME KNOWN, GEOTHERMAL STEAM ANY OTHER MATERIAL RESOURCES, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WTHIN OR UNDER THE LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING. MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND AS RESERVED IN A DEED RECORDED MARCH 02, 1993 AS INSTRUMENT NO. 93-143034 OF OFFICIAL RECORDS. ALSO EXCEPTING ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR OWNED OR USED BY GRANTOR IN CONNECTION NTH OR WITH RESPECT TO THE LAND, TOGETHER NTH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL, BUT WITHOUT HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, IN A DEED RECORDED MARCH 02, 1993 AS INSTRUMENT NO- 93-0143034 OF OFFICIAL RECORDS. ZhTi1 qw:: NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS" RECORDED NOVEMBER 18, 1091 AS INSTRUMENT NO.01-627002 OF OFFICIAL RECORDS OF ORANGE COUNTY. APN 442-271-24 19-187 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 13 of 23 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 19-188 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 14 of 23 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 19-189 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 15 of 23 Section I (STATISTICAL ANALYSIS) of the PC-17 Development Plan shall be amended to read as follows: SECTION I. STATISTICAL ANALYSIS Corporate Plaza 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. 19-190 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 16 of 23 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: 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. 19-191 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 17 of 23 EXHIBIT D CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planninq Division 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. 19-192 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 18 of 23 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. 19-193 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 19 of 23 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 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 19-194 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 20 of 23 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. 19-195 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 21 of 23 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. 19-196 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 22 of 23 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. 19-197 DocuSign Envelope ID: F2563D7B-A495-4A61-9AB6-234A281FB870 Planning Commission Resolution No. PC2023-045 Paae 23 of 23 EXHIBIT "E" DEVELOPMENT AGREEMENT 19-198 Attachment J Planning Commission Staff Report, Dated December 21, 2023 (without attachments) 19-199 PO cJL'FOP- SUBJECT: CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 21, 2023 Agenda Item No. 4 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. 19-200 s PC-17 Boundary Subject Property Baldwin & Sons Medical Office (PA2022-0158) Planning Commission, December 21, 2023 Page 2 VICINITY aMAP mnuh.. - Flies _. GENERAL PLAN ZONING :)?+0.LY"'. OR 35 ANOMALY ]fi '38;ry OR u4 YS) 36 4 U a T RN �, 4ViC CFNi LY —0m 'Y- u 9 ^ 3` \ ANOMALY g `� a LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Regional Commercial Office CO-R Corporate Plaza (PC-17) Office building NORTH, EAST, CO-R PC-17 Office buildings (professional SOUTH, and medical) WEST 19-201 Baldwin & Sons Medical Office (PA2022-0158) Planning Commission, December 21, 2023 Page 3 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. 19-202 Baldwin & Sons Medical Office (PA2022-0158) Planning Commission, December 21, 2023 Page 4 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 Anal 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. 19-203 Baldwin & Sons Medical Office (PA2022-0158) Planning Commission, December 21, 2023 Page 5 Table 1-Applicable Polices General Plan Goal or Policy Consistency Land Use Element Policy LU1.1 The Project will add a new medical office to an area (Unique Environment). of the City that is already developed with professional Maintain and enhance the offices. The additional floor is located entirely beneficial and unique character of underground resulting in no visible change to the the different neighborhoods, character of PC-17 or to the greater Newport Center business districts, and harbor that area. 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. Land Use Element Policy LU1.4 While the Project requests an additional 2,711 (Growth Management) square feet in intensity, the actual medical office will Implement a conservative growth be approximately 5,081 square feet. There is strategy that enhances the quality currently 2,370 square feet of unbuilt intensity within of life of residents and balances Anomaly Number 34. It is unlikely that the unbuilt the needs of all constituencies intensity would be used to develop new retail or with the preservation of open hotels, as suggested in Land Use Element Policy space and natural resources. LU3.3, as Anomaly Number 34 is specific to PC-17 where only office uses are allowed. The increase Land Use Element Policy LU3.3 helps provide a viable development opportunity to (Opportunities for Change). use the unbuilt intensity. The Applicant has stated Provide opportunities for that reducing the size of the office would render the improved development and Project infeasible. enhanced environments for residents in the following districts 19-204 Baldwin & Sons Medical Office (PA2022-0158) Planning Commission, December 21, 2023 Page 6 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 While other types of professional offices have (Economic Health) Encourage a incurred higher vacancy rates in a post COVID-19 local economy that provides environment, medical offices remain an in -demand adequate commercial, office, use. The Project diversifies the allowed uses within industrial, and marine -oriented Building Site 20 which is in line with market opportunities that provide demands. Additionally, the Project provides for an employment and revenue to additional service use, increasing the likelihood support high -quality community residents can remain within the community when services. accessing medical procedures. 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 19-205 Baldwin & Sons Medical Office (PA2022-0158) Planning Commission, December 21, 2023 Page 7 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. 19-206 Baldwin & Sons Medical Office (PA2022-0158) Planning Commission, December 21, 2023 Page 8 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 19-207 Baldwin & Sons Medical Office (PA2022-0158) Planning Commission, December 21, 2023 Page 9 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. 19-208 Baldwin & Sons Medical Office (PA2022-0158) Planning Commission, December 21, 2023 Page 10 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. 19-209 Baldwin & Sons Medical Office (PA2022-0158) Planning Commission, December 21, 2023 Page 11 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. Altarnafivac 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 19-210 Baldwin & Sons Medical Office (PA2022-0158) Planning Commission, December 21, 2023 Page 12 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: I-,- —�-A I -— �50�1 Jos n PereJaqfie Murillo, AICP Associate Planner Acting Deputy Community Development Director 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. 19-211 Attachment K Draft Planning Commission Minute Excerpt, Dated December 21, 2023 19-212 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, DECEMBER 21, 2023 REGULAR MEETING — 6:00 P.M. CALL TO ORDER — 6:00 p.m. PLEDGE OF ALLEGIANCE — Commissioner Salene III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner David Salene ABSENT: Commissioner Brady Barto Staff Present: Assistant City Manager/Community Development Director Seimone Jurjis, Acting Deputy Community Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Senior Planner David Lee, Associate Planner Joselyn Perez, Senior Planner Liz Westmoreland, and Administrative Assistant Clarivel Rodriguez IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF DECEMBER 7, 2023 Recommended Action: Approve and file Motion made by Commissioner Landford and seconded by Vice Chair Rosene to approve the minutes of the December 7, 2023, as amended. AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto VII. PUBLIC HEARING ITEMS ITEM NO. 2 1401 QUAIL STREET RESIDENCES (PA2023-0040) Site Location: 1401 Quail Street Summary: A demolition of an existing office building and construction of 67 for -sale residential condominium units atop a 146-space parking structure. The proposed podium -style residential building is approximately 87 feet tall and consists of six -stories above grade with a subterranean parking level below. The application consists of the following components: • General Plan Amendment — A request to change the existing General Plan Land Use Designation of the Property from CO-G (General Commercial Office) to MU-H2 (Mixed -Use Horizontal); Page 1 of 8 19-213 Planning Commission Regular Meeting Minutes December 21, 2023 • Planned Community Development Plan Amendment — An amendment to the Newport Place Planned Community (PC11) to include the Property within the Residential Overlay; • Maior Site Development Review - A site development review in accordance with the Newport Place Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project; • Tentative Vesting Tract Map — A Vesting Tentative Tract Map No. 19261 pursuant to Title 19 (Subdivisions) of the NBMC for condominium purposes of 67 dwelling units; • Affordable Housing Implementation Plan - A program specifying how the project would meet the City's affordable housing requirements, in exchange for a request of 27.5% increase in density. The applicant seeks development standard waivers and incentives pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law); • Development Agreement — A Development Agreement, between the applicant and the City, pursuant to Sections 15.45.020.A.2.a (Development Agreement Required) of the NBMC, which would provide the applicant with a vested right to develop the Project for a term of ten years and provide negotiated public benefits to the City; and • Addendum to the 2006 General Plan Update Program Environmental Impact Reports - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the project. Recommended Actions: 1. Conduct a public hearing; Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach Housing Element Initial Study/Negative Declaration (collectively, the PEIR); therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental documentation for the project; and 3. Adopt Resolution No. PC2023-047 (Attachment No. PC 1) recommending the City Council adoption of an Environmental Impact Report Addendum, and approval of General Plan Amendment, Planned Community Development Plan Amendment, Major Site Development Review, Affordable Housing Implementation Plan, Tentative Vesting Tract Map and Development Agreement, for the Residences at 1401 Quail Street Project located at 1401 Quail Street (PA2023-0040). Senior Planner Lee used a presentation to review the project location and description, entitlements requested, dwelling unit summary, site plan, rendering of the motor court and parking entry, Spruce Street rendering, Housing Element, development standard waivers, incentives and concessions, development agreement, CEQA review, Condition of Approval 81 revision, recommendation, and next steps. All Commissioners disclosed ex parte communications with the applicant. Chair Ellmore opened the public hearing. Rick Puffer, Vice President of Development at Intracorp Homes, used a presentation to review Intracorp background and the team and the project overview, entry, front elevation, site layout, podium deck level, penthouse level, side view of entry, entry inspiration, and pool deck layout. He outlined the development opportunity, public benefits, and "building the extraordinary" tagline and agreed to the conditions of approval. Jim Mosher discussed possible inconsistencies with multiple General Plan Policies, including Policy 6.15.4 (Priority Uses), 6.15.10 (Regulatory Plans), and 6.15.18 (Walkable Streets). Cort Ensign inquired about the setback to the adjacent property and courtyard dimensions, suggested reciprocal setbacks for the adjacent property, and noted the potential close proximity of the balconies. Page 2 of 8 19-214 Planning Commission Regular Meeting Minutes December 21, 2023 Mr. Puffer noted the setback is 10 feet to the edge and the decks are within the setback providing for equal treatment to an adjacent property. Acting Deputy Community Development Director Murillo confirmed the project site is located outside the updated 65 CNEL noise contours and a correction to the resolution is needed. Chair Ellmore closed the public hearing. Commissioner Langford expressed excitement for a critical mass of housing projects, hoped others will follow, and supported the project. Vice Chair Rosene liked that a for -sale project is being brought to the market, thought the building is attractive and will fit in with the community and Intracorp is a quality builder, believed he can make the findings, and supported the project. Commissioner Lowrey concurred. Motion made by Vice Chair Rosene and seconded by Commissioner Langford to approve the item with the noise contour correction proposed by staff. AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto ITEM NO. 3 SOBER LIVING BY THE SEA ZONING AGREEMENT TERMINATION (PA2008-199) Site Location: Citywide Summary: Request to terminate Development Agreement 2008-005, a Zoning Implementation and Public Benefit Agreement (Zoning Agreement) between the City of Newport Beach and Sober Living by the Sea Inc. dba Sierra by the Sea, Inc. The Zoning Agreement authorized the operation of residential care facilities in the City subject to specific limitations. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Existing Facilities of the CEQA Guidelines. This activity is also covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment, and it is not subject to CEQA; and 3. Adopt Resolution No. PC2023-044 recommending to the City Council to terminate Development Agreement NO. 2008-005, Zoning implementation and Public Benefit Agreement (PA2008-199). In response to Vice Chair Rosene's question, Assistant City Manager Jurjis stated that residential care facilities with six or less occupants can get a permit from the State, and while Sierra by the Sea has not expressed an interest in this, it is a possibility. Commissioners disclosed no ex parte communications. Chair Ellmore opened the public hearing. Page 3 of 8 19-215 Planning Commission Regular Meeting Minutes December 21, 2023 Jim Mosher questioned why Sierra by the Sea offered the termination, stated they have no obligations remaining to the City, and suggested staff understand their motivation better. Chair Ellmore closed the public hearing. Motion made by Vice Chair Rosene and seconded by Secretary Harris to approve the item as recommended by staff. AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto ITEM NO. 4 BALDWIN & SONS MEDICAL OFFICE (PA2022-158) Site Location: 20 Corporate Plaza Summary: A request to convert a portion of the existing subterranean private parking area beneath the general office building at 20 Corporate Plaza into a 5,081-square-foot medical office. The project would require the following approvals to implement: • General Plan Amendment - 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 - 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 - To allow an adjustment to the required off-street parking by waiving four spaces required for the new medical office. • Development Agreement -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. Recommended Actions: 1. Conduct a public hearing; 2. Find the 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. Associate Planner Perez used a presentation to review the project vicinity map, existing site development and surplus subterranean parking lot, proposed project design, and discussed in detail the required approvals including a General Plan Amendment, Planned Community Development Plan Amendment, Conditional Use Permit, and Development Agreement, and concluded her presentation by providing recommendations and next steps. In response to Commission Langford's questions, Acting Deputy Community Development Director Murillo stated that the Irvine Comdpany transferred some unbuilt square footage left in the anomaly to a different area Page 4 of 8 19-216 Planning Commission Regular Meeting Minutes December 21, 2023 of Newport Center. Associate Planner Perez noted that the 2015 transfer of development rights took square footage out of anomaly 34 and moved it into a different anomaly. Commissioners disclosed no ex parte communications. Chair Ellmore opened the public hearing. Omar Dandashi, applicant and project director, agreed to the conditions of approval and in response to Vice Chair Rosene's questioned stated that there is no specific user identified. Jim Mosher questioned if adding additional sites for medical office is compatible with the original intent of the planned community development plan and disagreed with the Charter Section 423 analysis on page 22 due to previous disagreements with the processing of the Newport Beach Tennis and Pickleball Club General Plan Amendment. Acting Deputy Community Development Director Murillo stated that the intent of the planned community was to allow for general office use and subsequent amendments allowed for medical offices. Medical office is consistent with the overall General Plan Land Use designation for the site. Furthermore, he noted that the amendment does not trigger a vote under Charter Section 423. Chair Ellmore closed the public hearing. Motion made by Secretary Harris and seconded by Commissioner Salene to approve the item as recommended. AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto ITEM NO. 5 LIDO MARINA VILLAGE PARKING MANAGEMENT PLAN (PA2021-089) Site Location: 3636 Newport Boulevard, 3418 through 3428 Via Lido, 3434 and 3444 Via Lido, 3400 through 3450 Via Oporto (even), and 3421 through 3505 Via Oporto (odd) Summary: The applicant requests to amend the existing conditional use permit (UP2017-019) that authorized a parking reduction and parking management plan (PMP) for Lido Marina Village (LMV). The applicant requests to remove the current requirement for off -site employee parking at Hoag Health Center (540 Superior Avenue) based on changes in tenancy and an associated reduction in demand for parking at the site. Other minor changes to the PMP are proposed such as increasing the capacity of employee parking on -site within the existing LMV parking structure and waiving additional parking spaces. If approved, this Conditional Use Permit would supersede Use Permit No. UP2017-019. The project also includes a coastal development permit to evaluate the change in intensity related to the parking reduction, PMP, and off -site parking. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and Page 5 of 8 19-217 Planning Commission Regular Meeting Minutes December 21, 2023 3. Adopt Resolution No. PC2023-046 approving Conditional Use Permit and Coastal Development Permit filed as PA2021-089 and superseding Conditional Use Permit No. UP2017-019 (PA2017-153). Senior Planner Westmoreland used a presentation to review the project location, background, and proposal, required City approvals, parking demand analysis, proposed Parking Management Plan, revisions to the resolution, and recommendation. In response to Commissioner Salene's question, Senior Planner Westmoreland noted that the docks are private and are operated by DJM. In response to Vice Chair Rosene's question, Senior Planner Westmoreland confirmed that the parking analysis is based on the Applicant not using the offsite parking and making it better with valet parking. In response to Secretary Harris' question, Senior Planner Westmoreland stated that the 100 spaces were leased at Hoag for employees and two conditions of approval allow for changes to the parking management plan if issues arise. In response to Commssioner Langford's questions, Senior Planner Westmoreland indicated that Condition of Approval 18 provides for a public vertical walkway that connects the street to the waterfront boardwalk and there is no known history of special event permit requests. Commissioners disclosed no ex parte communications. Chair Ellmore opened the public hearing. Amber Wesley, DJM representative, relayed their intention to reduce the requirement for parking at Hoag because they think the need for off -site parking is no longer. She agreed to the conditions of approval. Ingrid Yankauskas noted the stress from the parking arrangement. Jim Mosher inquired about the potential return of a similar tenant as Electra and noted challenges finding parking during times of high occupancy and asked the Commission to consider the continued impact from the Finley Tract. Scott Simmers noted the challenges created from the parking arrangement and concerns for safety, and the original intent of the shuttle was to take the pressure of the neighborhood. Mr. Simmers referenced the prior effort to require resident parking permits in the Finley Tract. In response to Chair Ellmore's question, Ms. Wesley stated that the charter cruise slips are now being used for private leasing and the applicant does not plan on leasing to large charters in the future. In response to Commssioner Harris' question, Ms. Wesley relayed that there is no charge to the employees to park at Hoag or in the parking structure and noted signage indicating excluded employee parking areas, valet service for parking lot overflow, and a designated parking area for employees. In response to Commissioner Langford's questions, Ms. Wesley stated that the 2016/18 Parking Management Plan revisions addressed employee parking charges and there are no new changes to the Parking Management Plan. In response to Vice Chair Rosene's concern, Ms. Wesley indicated that they were not aware until now of any complaints from the Finley Tract since the implementation of the 2018 Parking Management Plan. Jonathan Maroney, representative for LAZ Parking, explained the free employee parking program called Pilot Program, reported no issues, and relayed that contact and vehicle information is collected upon registration. The Pilot Page 6 of 8 19-218 VIII. IX. Planning Commission Regular Meeting Minutes December 21, 2023 Program is optional and free of charge and the 100 off -site parking spots can be used for special events without an annual lease agreement with Hoag. Assistant City Manager Jurjis relayed that the City's permit parking program for Finley Tract residents was unsuccessful with the California Coastal Commission (CCC) pre-COVID and proposed trying again. He indicated that he has not received any reports from the Finley Tract residents since parking changed to no fee. Chair Ellmore closed the public hearing. Commissioner Lowrey suggested a new "A" in Condition of Approval 16 that includes language that notifies employees of the program or requests car registrations. Commissioner Harris expressed interest in a tracking mechanism for enforcement, like forced registration. He noted that there are other uses in the vicinity with employees. Commissioner Salene noted that Condition of Approval 15 includes language that requires each tenant and employee to register their car and use vehicle stickers. Vice Chair Rosene supported enforcement, the use of vehicular stickers, and staff returning to the Coastal Commission for a Finely Tract permit parking program. He recommended this matter be an actionable item and supported the proposal on this basis. Chair Ellmore noted that parking will always be a challenge in that area and the City will do the best it can with the challenge. Motion made by Chair Ellmore and seconded by Vice Chair Rosene to approve the item. AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Acting Deputy Community Development Director Murillo relayed one appeal matter on the January 4 Planning Commission agenda, announced the appeal to the CCC of the Dawson residence variance on December 11 and that City Hall will be closed between Christmas and New Years, and thanked the Planning Commission for their service over the past year. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES None ADJOURNMENT - With no further business, the meeting was adjourned by Chair Ellmore at 7:23 p.m. Page 7 of 8 19-219 Planning Commission Regular Meeting Minutes December 21, 2023 The agenda for the December 21, 2023, Planning Commission meeting was posted on Thursday, December 14, 2023, at 8:00 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Thursday, December 14, 2023, at 8:15 p.m. Curtis Ellmore, Chair Page 8 of 8 19-220