HomeMy WebLinkAbout02 - Annual Review of North Newport Center Development Agreement - PA2009-023COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 10, 2014
Agenda Item No. 2:
SUBJECT: Annual Review of the North Newport Center Development Agreement
consisting of Fashion Island, Block 600, Block 800, and portions of Block
100, Block 400, Block 500, and San Joaquin Plaza (PA2009 -023)
APPLICANT: Irvine Company
PLANNER: Fern Nueno, Associate Planner
(949) 644 -3227, fnueno @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: PC -56 (North Newport Center Planned Community)
• General Plan: CR (Regional Commercial), CO -R (Regional Commercial Office),
CO -M (Medical Commercial Office), RM (Multiple Residential), and MU -1-13 (Mixed -
Use Horizontal)
PROJECT SUMMARY
An annual review of the Development Agreement for North Newport Center, pursuant to
Section 15.45.080 of the Municipal Code and Section 65865.1 of the California
Government Code.
RECOMMENDATION
1) Conduct a public hearing;
2) Find the review exempt from the California Environmental Quality Act ( "CEQA ")
pursuant to Section 25321 (Class 21 — Enforcement Actions by Regulatory
Agencies) of the CEQA Guidelines;
3) Find that the applicant has demonstrated good faith compliance with the terms of the
Development Agreement; and
4) Receive and file the Annual Report of the Development Agreement for North
Newport Center (Attachment No. ZA 2).
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Annual Review of the North Newport Center
Development Agreement (PA2009 -023)
Zoning Administrator April 10, 2014
Page 2
DISCUSSION
Section 15.45.080 of the Municipal Code requires the City to periodically review
development agreements to determine if the applicant has complied with the terms of
the agreement. This review should be conducted at least once every 12 months. On
June 11, 2013, the City Council adopted Ordinance No. 2013 -10 delegating the
responsibility for reviewing Development Agreements to the Zoning Adminitrator. The
applicant is required to demonstrate good faith compliance with the terms of the
agreement, and should the Zoning Administrator find that the applicant has not
complied in good faith with the agreement, the Zoning Administrator should refer the
matter to the City Council.
Background
On December 18, 2007, the City Council adopted Ordinance No. 2007 -21 approving
Development Agreement No. DA2007 -002 ( "DA ") between the City and the Irvine
Company. The DA granted Irvine Company entitlement and transfer rights within the
North Newport Center Planned Community ( "NNCPC "). At the time the DA was
approved, NNCPC consisted of Fashion Island, Block 600, and portions of Block 500
and San Joaquin Plaza. Since then, portions of Block 100, Block 400, and the entirety
of Block 800 have been incorporated into NNCPC. On June 6, 2012, the City Council
approved an amendment to the DA, which incorporated the remaining Sub -Areas within
NNCPC. The DA specifies the permitted uses, density and intensity of development,
circulation improvements, public benefits, and dedication of street rights -of -way and
open space. The DA vests Irvine Company's right to develop regional commercial,
office, mixed -use, and residential uses in North Newport Center as depicted in Table 1.
The term of the DA is for 25 years and it expires in 2032.
The DA is available online at: http:// www. newportbeachca .gov /developmentagreements.
The last annual review covered activies occuring in 2012 and was conducted on March
26, 2013. The City Council found Irvine Company to be in good faith compliance with
the DA. This review is for activities occurring during the 2013 calendar year.
2013 Development Activity
Table 1 summarizes the entitlement and building activity for North Newport Center in
2012. Several projects are under construction within Fashion Island and Block 500, but
only completed activities with certificates of occupancy are included in Table 1. Among
the items not listed in Table 1 is the construction of a new 365,069 square -foot office
tower and two parking structures in Block 500. The plan check for the redevelopment of
San Joaquin Plaza with a 524 -unit apartment community is currently under review by
staff.
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Annual Review of the North Newport Center
Development Agreement (PA2009 -023)
Zoning Administrator April 10, 2014
Page 3
Table 1: 2013 Development Activity Summary
Sub-
Entitlement
Existing
Completed Activity
Remaining
Area
Development
Entitlement
1,619,525 sf
Constructed: 35,110 sf
Fashion
of regional
1,479,905 sf
Demolished: 6,453 sf
110,963 sf
commercial
Island
1,700 theater seats
680 theater seats
1,020 seats
or 16,500 sf
Block
0 sf
121,114 sf
0 sf
100
of office /commercial
non - habitable
Block
91,727 sf
91,727 sf
0 sf
400
of office /commercial
Block
599,659 sf
310,684 sf
Demolished: 40,894 sf
329,869 sf
500
of mixed use
1,587,537 sf
910,637 sf
Constructed: 398,846 sf
0 sf
Block
of mixed use
600
295 hotel rooms
295 hotel rooms
0 hotel
rooms
Block
286,166 sf
286,166 sf
0 sf
of office /commercial
800
245 residential units
245 units
0 units
95,550 sf
337,261 sf
San
of office /commercial
(241,711 sf
0 sf
Joaquin
non - habitable
Plaza
524 residential units
0 units
524 units
Other 2013 Activity
In 2013, Irvine Company completed operational improvements to streets adjacent to
Blocks 500 and 600 of Newport Center Drive.
During 2013, pursuant to Section 4.3 of the DA, Irvine Company paid $2,949 in Fair
Share Traffic fees for new or intensified development. Fair share fees are paid at the
time of building permit issuance and often are calculated with credits for existing
development.
As of December 31, 2013, pursuant to Section 4.4 of the DA, Irvine Company exceeded
the required $2,500,000 contribution for circulation improvements. Irvine Company has
reimbursed the City $1,905,803 for expenses incurred for the design and construction of
circulation improvements within and near Newport Center and has expended $676,222
on circulation enhancements in the area.
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Annual Review of the North Newport Center
Development Agreement (PA2009 -023)
Zoning Administrator April 10, 2014
Page 4
Pursuant to Section 4.9 of the DA, during 2013 Irvine Company expended $136,048
towards water quality enhancements in Fashion Island. To date, $983,374 has been
contributed towards the minimum expenditure of $1 million required for water quality
projects. The expenditure was used on maintenance conducted on the water quality
treatment systems, including bio- retention, media filtration, and other technology.
Future Activities
The remaining terms and conditions shall be completed pursuant to the timing /milestone
requirements depicted in the Annual Report (Attachment No. ZA 2). After reviewing the
Annual Report and applicable documents, staff believes that Irvine Company has
complied in good faith with terms and conditions of the DA.
ENVIRONMENTAL REVIEW
This project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to
Section 15321 (Class 21 — Enforcement Actions by Regulatory Agencies) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment. This section exempts actions
by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other
entitlement for use issued, adopted, or prescribed by the regulatory agency or
enforcement of a law, general rule, standard, or objective, administered or adopted by
the regulatory agency.
PUBLIC NOTICE
Notice of this review was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of -way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
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Annual Review of the North Newport Center
Development Agreement (PA2009 -023)
Zoning Administrator April 10, 2014
Page 5
APPEAL PERIOD
An appeal may be filed with the Director of Community Development within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644 -3200.
Prepared by:
Fkr6 N eno, Associate Planner
JC /fn
Attachments: ZA 1 Vicinity Map
ZA 2 Annual Report
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Annual Review of the North Newport Center
Development Agreement (PA2009 -023)
Zoning Administrator April 10, 2014
Page 6
Attachment No. ZA 1
Vicinity Map
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2
VICINITY MAP
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North Newport Center Planned
CO mmunity
Annual Review of
Development Agreement No. DA2007 -002
PA2009 -023
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10
Attachment No. ZA 2
2013 Annual Report
11
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12
North Newport Center
Zoning Implementation and Public Benefit Agreement
Annual Report
Year 2013 (January 2013 - December 2013)
Prepared for:
City of Newport Beach
Planning Division
Contact: Gregg Ramirez
(949) 644 -3219
Submitted by:
Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660
Contact: Dan Miller
(949) 720 -2000
Prepared by:
CAA Planning, Inc.
65 Enterprise, Suite 130
Aliso Viejo, CA 92656
Contact: Shawna Schaffner
(949) 581 -2888
January 2014
2s
Contents
Introduction............................................................................................. ..............................1
Figure 1 — Sub -Areas in North Newport Center Planned Community ...... ..............................1
Summary Table — North Newport Center as of December 31, 20131 ...... ..............................2
Development Summary .......................................................................... ..............................2
PublicBenefits ........................................................................................ ..............................5
Ongoing Obligations and Public Benefits ............................................... .............................13
CityConcurrence ................................................................................... .............................15
Annual Report Distribution ..................................................................... .............................15
Annual Report — 2013 ii
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2014
-1 4
Introduction
The purpose of the 2013 Annual Report (AR) for North Newport Center is to provide an accurate
record of the development that has occurred within North Newport Center during 2013. The North
Newport Center Planned Community Development Plan (NNCPC) as approved in 2007 included
the following sub - areas: Fashion Island, Block 500, Block 600 and San Joaquin Plaza. The
NNCPC was subsequently amended in November 2009 to include portions of Blocks 100, 400,
800 and an open space parcel from the Newport Village Planned Community. The NNCPC was
amended again in 2011 to expand Block 800 to include the Pacific Mutual Financial Center.
Subsequently in 2012, the NNCPC was amended to increase the allowable residential
development intensity by a total of 94 units and allocating the 94 units plus the 430 residential
units already allocated to the MU -H3 portions of the NNCPC solely to San Joaquin Plaza. In
connection with the amendment to the NNCPC, an amendment to the Zoning Implementation and
Public Benefit Agreement DA2007 -002 (Development Agreement) was approved. The
Development Agreement amendment included the incorporation of portions of Blocks 100, 400,
the open space parcel in Newport Village, Block 800 in its entirety, as well as the additional 94
residential units. This AR contains several tables, which show development within North Newport
Center as a whole and development by sub -area. The tables provide a comprehensive review of
the development within North Newport Center in terms of existing development, maximum
development (allowed by the General Plan) and development that has occurred during 2013. The
tables break down each sub -area of North Newport Center individually and track the area
developed by land use, as applicable. A map that depicts the sub -areas within the NNCPC
covered by this AR is shown as Figure 1.
Figure 1 — Sub -Areas in North Newport Center Planned Community
0
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Sub-Arms u eImplementation
and public Benefit Agreement �
Annual Report — 2013 1
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2014
15
Summary Table — North Newport Center as of December 31, 20131
Development Summary
Annual monitoring of development is required by Development Agreement 2007 -002 between the
City of Newport Beach and Irvine Company as part of the North Newport Center Project. The
original Term of the agreement was until January 2028. The 2012 amendment extended the Term
of the Development Agreement to 2032. Below is a list of permits and approvals that were issued
within North Newport Center between January and December 2013. As noted, the Development
Agreement was amended to include Block 100, Block 400, Block 800 and the open space parcel
in Newport Village. Therefore, these sub -areas are now required to be part of the annual
reporting process whereas in years 2008 through 2011 they were not included. Note that the City
bases the building permit gross floor area (g.f.a.) calculations on the Building Code definition and
not the entitlement g.f.a. on the definition contained in the NNCPC, 3rd Amendment which is
slightly different from the Building Code and excludes support uses.
Annual Report — 2013 2
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2014
10
Remaining
Sub -Area
Entitlement
Existing Development
Development During 2013
Entitlement
Fashion Island
1,619,525
1,519,114
Demolished: 992
100,411
Permitted: 11,0063
Constructed: 1,7914
1,700 theaterseats5
680 theater seats
1,020 theater seats
or
16,500 s.f.
Block 100
0
121,114, suspended
0
Block 400
91,727
91,727
0
Block 500
599,659
599,5256
1346
Block 600
1,587,5377
910,637
387,4728
295 hotel rooms
295 hotel rooms
0 hotel rooms
Block 800
286,166
286,166
0
245 residential units
245 residential units
0
San Joaquin Plaza
95,550
337,2619
0
524 residential units
0
524 residential units
1 All numbers in this table are shown in square feet (s.f.) unless otherwise indicated.
2 "Gary's" X2013 -1350
3 Commons Court Infill X2012 -3166, Pad "D" X2013 -3300, "Christophe Salon" X2013 -1914, Spec Suite X2013 - 0099, X2013 -0103
4 "It's Sugar" X2013 -0629, "Christophe Salon" X2012 -1911, X2012 - 1912, X2013 -0583, "Fig and Olive" X2013 -0229, Spec Suite X2013 -0100
5 1,700 theater seats equates to 27,500 s.f. per the North Newport Center Development Plan. In 2011, 1,020 theater seats were removed as part of
the Island Cinema renovation. The demo of 1,020 seats equates to 16,500 s.f.
6 Subsequent to permit issue the entitlement g.f.a. for 520 Newport Center Drive was revised to delete the 800 -s.f. office located in the West Parking
Structure and to add the 786 -s.f. basement in 520 Newport Center Drive, which resulted in a net decrease of 14 s.f. in the existing development
and a corresponding increase in the remaining entitlement of 14 s.f.
7 The General Plan entitlement figure includes allocations for hotel square footage, which is not represented in the Existing Development or
Remaining Entitlement columns.
8 Upon receipt of Cedificate of Use and Occupancy for 650 Newport Center Drive, remaining entitlement will be 0.
9 241,711 s.f. of existing entitlement was suspended with the approval of Entitlement Transfer TD2011 -1 on August 19, 2011.
Development Summary
Annual monitoring of development is required by Development Agreement 2007 -002 between the
City of Newport Beach and Irvine Company as part of the North Newport Center Project. The
original Term of the agreement was until January 2028. The 2012 amendment extended the Term
of the Development Agreement to 2032. Below is a list of permits and approvals that were issued
within North Newport Center between January and December 2013. As noted, the Development
Agreement was amended to include Block 100, Block 400, Block 800 and the open space parcel
in Newport Village. Therefore, these sub -areas are now required to be part of the annual
reporting process whereas in years 2008 through 2011 they were not included. Note that the City
bases the building permit gross floor area (g.f.a.) calculations on the Building Code definition and
not the entitlement g.f.a. on the definition contained in the NNCPC, 3rd Amendment which is
slightly different from the Building Code and excludes support uses.
Annual Report — 2013 2
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2014
10
Date
Sub -Area
Summary of Action
Transferred/
Converted
Fashion Island
Permitted
(New)
Jul 2013
(Final)
315 Newport Center Drive +131 s.f. (X2012 -1912)
Jul 2013
(Final)
319 Newport Center Drive +34 s.f. (X2012 -1911)
Mar 2013
(Approved)
951 Newport Center Drive +6,560 s.f. (X2013 -3300)
Apr 2013
(Approved)
601 Newport Center Drive +3,674 s.f. (X2012 -3166)
Jun 2013
(Approved)
1063 Newport Center Drive +236 s.f. (X2013 -0103)
Jun 2013
(Approved)
1065 Newport Center Drive +218 s.f. (X2013 -0099)
Jul 2013
(Approved)
315 Newport Center Drive +318 s.f. (X2013 -1914)
May 2013
(Final)
1021 Newport Center Drive +192 s.f. (X2013 -0629)
Aug 2013
(Final)
319 Newport Center Drive +163 s.f. (X2013 -0583)
Sept 2013
(Final)
923 Newport Center Drive -99 s.f. (X2013 -1530)
Dec 2013
(Final)
151 Newport Center Drive +996 s.f. (X2013 -0229)
Dec 2013
(Final)
1055 Newport Center Drive +275 s.f. (X2013 -0100)
The tables below display track development within North Newport Center by sub -area. All
numbers are shown in gross square feet unless otherwise indicated. The tables are intended to
track development annually and provide a comprehensive listing of development by land use. The
"Demolished" column reflects the final square footage demolished, not the square footage stated
in a demolition permit. Similarly, the "Built" column reflects the square footage provided in a
Certificate of Use and Occupancy and not the square footage stated in a building permit.
Fashion Island
Block 100
Entitlement
January
2013
Existing
Development
January2013
Transferred/
Converted
Demolished
Permitted
(New)
Built
Tracking
Number
Existing
Development
December2013
Entitlement
December2013
Land Use
January
Development
Permitted
Tracking
Development
Entitlement
Regional Commercial
1,619,525
1,506,416
Transferred
99,
+11,0062
1,791
Number
1,519,114
1,619,525
Theater Seats
1,700
680
680 seats
1,700 seats
Block 100
Block 400
Entitlement
Existing
Existing
January
Development
Permitted
Tracking
Development
Entitlement
2013
January 2013
Transferred
Demolished
(Demo /New)
Built
Number
December2013
December2013
Land Use
Office /Commercial
0
121,1144
121,114
0
Block 400
r "Gary's" X2013 -1350
Y Commons Court Infill X2012 -3166, Pad "D" X2013 -3300, "Christophe Salon" X2013 -1914, Spec Suite X2013 -0099, X2013 -0103
a "It's Sugar" X2013 -0629, "Christophe Salon" X2012 -1911, X2012 -1912, X2013 -0583, "Fig and Olive" X2013 -0229, Spec Suite X2013 -0100
4 Per Covenants Rendering Square Footage Non- Habitable dated March 21 and November 27, 2012.
Annual Report — 2013 3
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27
Entitlement
Existing
Existing
January
Development
Permitted
Tracking
Development
Entitlement
2013
January 2013
Transferred
Demolished
(Demo /New)
Built
Number
December 2013
December 2013
Land Use
Office/Commercial
91,727
91,727
91,727
91,727
r "Gary's" X2013 -1350
Y Commons Court Infill X2012 -3166, Pad "D" X2013 -3300, "Christophe Salon" X2013 -1914, Spec Suite X2013 -0099, X2013 -0103
a "It's Sugar" X2013 -0629, "Christophe Salon" X2012 -1911, X2012 -1912, X2013 -0583, "Fig and Olive" X2013 -0229, Spec Suite X2013 -0100
4 Per Covenants Rendering Square Footage Non- Habitable dated March 21 and November 27, 2012.
Annual Report — 2013 3
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2014
27
Block 500
Block 600
Entitlement
Existing
Transferred
Demolished
Permitted
(Demo /New)
Built
Tracking
Number
Existing
Entitlement
December 2013
Land Use
January
Development
Transferred/
Permitted
Tracking
Development
Entitlement
Office /Commercial
2013
January2013
Converted
Demolished
(Demo /New)
Built
Number
December2013
December2013
Land Use
245
245
245
245
Mixed Use Horizontal
599,659
599,525`
599,5255
599,659
3 (MU -H3)
95,550
Residential Units
0
0
0
0
0
Block 600
• :11
Entitlement
Existing
Transferred
Demolished
Permitted
(Demo /New)
Built
Tracking
Number
Existing
Entitlement
December 2013
Land Use
January
Development
Permitted
Tracking
Development
Entitlement
Office /Commercial
2013
January 2013
Transferred
Demolished
(Demo /New)
Built
Number
December 2013
December 2013
Land Use
245
245
245
245
Mixed Use Horizontal
1,587,5376
910,637
910,637'
1,587,537
3 (MU -H3)
95,550
Residential Units
0
0
0
0
0
Hotel Rooms
295
295
295
295
• :11
San Joaquin Plaza
Entitlement
January
2013
Existing
Development
January 2013
Transferred
Demolished
Permitted
(Demo /New)
Built
Tracking
Number
Existing
Development
December 2013
Entitlement
December 2013
Land Use
January
Development
Permitted
Tracking
Development
Entitlement
Office /Commercial
286,166
286,166
Transferred
Demolished
(Demo /New)
Built
Number
286,166
286,166
Residential Units
245
245
245
245
San Joaquin Plaza
Subsequent to permit issue the entitlement g.f.a. for 520 Newport Center Drive was revised to delete the 800 -s.f. office located in the West Parking
Structure and to add the 786 -s.f. basement in 520 Newport Center Drive, which resulted in a net decrease of 14 s.f. in the existing development and
a corresponding increase in the remaining entitlement of 14 s.f.
6 The General Plan entitlement figure includes allocations for hotel square footage, which is not represented in the Existing Development or
Remaining Entitlement columns.
7 650 Newport Center Drive is currently under construction. Once completed, the existing development will be increased by 398,846 s.f.
Annual Report — 2013 4
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2014
18
Entitlement
Existing
Existing
January
Development
Permitted
Tracking
Development
Entitlement
2013
January 2013
Transferred
Demolished
(Demo /New)
Built
Number
December2013
December2013
Land Use
Mixed Use Horizontal
337,261
337,261
95,550
3 (MU -H3)
95,550
Residential Units
524
0
0
524
Subsequent to permit issue the entitlement g.f.a. for 520 Newport Center Drive was revised to delete the 800 -s.f. office located in the West Parking
Structure and to add the 786 -s.f. basement in 520 Newport Center Drive, which resulted in a net decrease of 14 s.f. in the existing development and
a corresponding increase in the remaining entitlement of 14 s.f.
6 The General Plan entitlement figure includes allocations for hotel square footage, which is not represented in the Existing Development or
Remaining Entitlement columns.
7 650 Newport Center Drive is currently under construction. Once completed, the existing development will be increased by 398,846 s.f.
Annual Report — 2013 4
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2014
18
Public Benefits
The Public Benefits Table below lists all of the public benefits resulting from Development Agreement No. DA2OO7 -002 entitled The
Zoning Implementation and Public Benefit Agreement (Agreement) between the City of Newport Beach and Irvine Company Concerning
North Newport Center and the Amendment to the Agreement approved in August 2012 (herein referred to as the Development
Agreement). Public benefits are listed in Section 4 of the development agreement. Shaded areas represent 2013 activity. Items that
have been completed in previous reporting years are shown as Year Complete. It is important to note that the circulation improvements
required through mitigation measures approved by the City at the time of the North Newport Center entitlement as well as the
$2,500,000 contribution to the Circulation Enhancement Program were completed in 2013, in advance of any significant occupancy of
the granted entitlements.
Public Benefits Table
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
Timing /Milestone
Payment/Contribution/Dedication
Status
In -Lieu Park Fees
Section 4.1
Regardless of whether a subdivision map is
Landowner shall pay to City the greater of (i) the sum of
Total Payment as of
for Renovation of
Paragraphs 1 -2
approved for any or all of the residential units, and
$3,733,333.33 (which is 113 of the total Park Fees to be
December 31, 2013: $ 0
Oasis Senior Center
prior to and as a condition to City's issuance of the
paid to City under this Agreement) (the "Initial Park Fee ")
Responsible Party: Irvine Company
and for Park Uses
First Residential Building Permit (but in no event
or (ii) the applicable Per Unit Park Fees (if the First
❑ Completed
earlier than the Effective Date)
Residential Building Permit includes more than one
hundred forty-three (143) residential units).
Landowner's payment of the Initial Park Fee shall entitle
Landowner to a credit against payment of the Per Unit
Park Fees for the first one hundred forty -three (143)
residential units to be developed on the Property.
Section 4.1
Prior to and as a condition to City's issuance of a
Landowner shall pay to City the sum of $17,364.11 (the
Total Payment as of
Paragraph 2
building permit for development of the one hundred
difference between the Initial Park Fee and the total Per
December 31, 2013: $ 0
forty -fourth (144th) residential unit on any portion of
Unit Park Fees for 144 residential units)
Responsible Party: Irvine Company
the Property located in Newport Center Block 500,
❑ Completed
Newport Center Black 600, or San Joaquin Plaza
In -Lieu Park Fees
Section 4.1
Prior to and as a condition to City's issuance of
Landowner shall pay to City the sum of $26,046.51 per
Number of units as of
for Renovation of
Paragraph 2
each subsequent building permit for residential
unit ( "Per Unit Park Fees ")
December 31.2013: (units) 0
Oasis Senior Center
development within that portion of the Property
$26,046.51 per unit
and for Park Uses
Total Payment: $ 0
Responsible Party: Irvine Company
❑ Completed
Annual Report — 2013 5
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 January 2014
19
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
Timing /Milestone
PaymentlContributionlDedication
Status
In -Lieu Park Fees
Section 4.1
If Landowner sells any residential unit developed
Landowner shall pay to City at the time of such sale of an
Number of units sold as of
for Renovation of
Paragraph 3
within the Property to a third party purchaser in
individual residential unit the then - applicable park fee for
December 31.2013:
Oasis Senior Center
other than a bulk sale of all of the units in a single
such unit as may be in effect at that time within the City
(units) 0
and for Park Uses
residential building
of Newport Beach, less a credit for the amount of the Per
$ park fee per unit
Unit Park Fee paid prior to that time.
Please see Section 4.1, paragraph 3 for additional
Total Payment: $ 0
information regarding Landowner's obligation to pay fees
Responsible Party: Irvine Company
and memorandums to be recorded against the title of
❑ Completed
each unit.
In -Lieu Park Fees
Section 4.1
If, on the date that City awards a contract for
Within five (5) days after City's award of the contract,
Date that City awards a contract for
for Renovation of
Paragraph 4
renovation of the Oasis Senior Center, the total sum
Landowner shall pay to City the difference ( "Park Fee
renovation of the Oasis Senior
Oasis Senior Center
of both the Initial Park Fee and the Per Unit Park
Advancement "). Landowner's payment of the Park Fee
Center 3/10/2009
and for Park Uses
Fees paid by Landowner to City to date is less than
Advancement shall entitle Landowner to a credit against
Check below if answer is "yes."
the sum of $5,600,000
the Initial Park Fee (if not paid by the time the Park Fee
Advancement is paid) and against the next Per Unit Park
® The total sum of both the Initial Park
Fees that otherwise would be due and payable to City
Fee and the Per Unit Park Fees paid by
until the entire credit is exhausted. After such credit is
Landowner to City is less than the sum
exhausted, prior to and as a condition to City's issuance
of $5,600,000 (as of date above)
OMPLETE
/� /))
^ 009
of each subsequent building permit for residential
development of any portion of the Property located in
Newport Center Black 500, Newport Center Block 600, or
If box above is checked, then
Landowner shall pay to City "Park Fee
(u
San Joaquin Plaza, Landowner shall continue to pay the
Advancement" in the amount of:
Per Unit Park Fees as residential building permits are
$5,600,000.00
issued.
No initial park fees paid. Lump sum
payment of $5,600,000 paid to City.
Responsible Party: Irvine Company
® Completed
Date: 3/10/ 2009
In -Lieu Park Fees
Section 4.1
Not specified
City shall earmark $5,600,000 of the Park Fees to be
Responsible Party: City of Newport
for enovat'on of
Para ra h 5
paid by Landowner (one -half of the total Park Fees) as a
Beach
U r n
d fo rk U
O
O O
matching challenge grant to apply toward contributions to
the renovation of the Oasis Senior Center.
[I Completed
Date: Early 2009 (prior to construction)
In -Lieu Park Fees
Section 4.1
Not Specified
City shall apply any Park Fees not spent by City on the
Responsible Party: City of Newport
for Renovation of
Paragraph 5
renovation of the Oasis Senior Center to any park use as
Beach
Oasis Senior Center
determined by City. Landowner acknowledges that the
® Completed
and for Park Uses
actual amount of funds raised through the matching
CN
IF
0000 O
challenge may be less than $5,600,000 and that the
amount raised shall not affect the amount of Park Fees
Date: Early 2009 (prior to construction)
payable by Landowner to City.
Annual Report — 2013 6
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20
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
Timing /Milestone
PaymentlContributionlDedication
Status
Public Benefit Fee
Section 4.2
Not Specified
Landowner shall pay to City the sum of $27,090,000 as
Payment in the sum of $27,090,000 paid
Paragraph 1
set forth in Section 4.2 ( "Public Benefit Fee "), of the
in full as of (date)
Development Agreement.
Responsible Parry: Irvine Company
❑ Completed
Sect' n 4.2
P
Prior to
t B 'I
n a condition
i
t th n f th
—65 ew or n r n e
L ndowner shall
e
pay to City the sum of $13,545,000,
o Public Benefit Fee ('Initial Public
Payment: $13,545,000
as of July 26, 2011 date
c n
�J
F
Responsible Party: Irvine Company
® Completed
Section 4.2
Upon the issuance of building permits for the 430
The balance of the Public Benefit Fee shall be paid to
Building permits have been issued for
Paragraph 1
residential units authorized for development within
City. The amount payable by Landowner to City for each
430 residential units as of
the Property.
such residential unit shall be the sum of $31,500.
(date)
Total Payment (balance of the Public
Benefit Fee):$13,545,000
-this equates to $31,500 per unit for 430
units.
Total payment as of
(date)
Responsible Party: Irvine Company
❑ Completed
Fair Share Traffic
Section 4.3
The Property is subject to City's Fair Share Traffic
The City is in the process of considering updates and
Fair Share Traffic Fees paid for 2013:
Fees
Paragraph 1
Contribution Ordinance, which requires the payment
amendments to its Fair Share Traffic Contribution
$2,949
of certain fair share traffic fees for development
Ordinance and its Fair Share Traffic Fees and that as a
Responsible Parry: Irvine Company
( "Fair Share Traffic Fees').
result of such updates and amendments the Fair Share
Traffic Fee charged by City may be increased (the "Initial
Fee Increase ").
Notwithstanding any other provision set forth in the
Development Agreement to the contrary, Landowner
agrees that Landowner and the Properly shall be subject
to the modified Fair Share Traffic Contribution Ordinance
including the increased fees payable pursuant to the
Initial Fee Increase. This applies to square footage that
was newly entitled under this agreement.
Please see Section 4.3 of the Development Agreement
for additional detailed information pertaining to fees.
Annual Report — 2013 7
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21
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference
Timing /Milestone
PaymentlContributionlDedication
Status
Circulation
Section 4.4
"Circulation Enhancement Contribution" to
Landowner shall contribute to City the sum of Two Million
Check below if answer is "yes."
Enhancements to
Paragraph 1
reimburse City for City's expenses incurred for the
Five Hundred Thousand Dollars ($2,500,000.00)
® The City chase to approve, design
Public Right of Way
design and construction of one or more of the
( "Circulation Enhancement Contribution ").
and construct one or more of the
circulation improvements listed in Section 4.4 of the
circulation enhancements listed in
Development Agreement, as determined by the
Section 4.4 of the Development
City's Director of Public Works, should City choose
Agreement
to approve the circulation enhancements after its
Date: See Note Below
environmental review and approval process and in
compliance with CEQA.
Note: See page 16 for additional
information.
Please refer to Section 4.4, paragraph 1 of the
If box above is checked, then
Development Agreement for the list of circulation
Landowner shall contribute up to
enhancements.
$2,500,000.00 based on actual costs
requested by the City and the amount
spent by Irvine Company on those
OMPLETE
2013
projects the City agreed could be built
by Irvine Company.
Responsible Party: Irvine Company
® Completed
Date: December 31.2013
Annual Report — 2013 8
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 January 2014
22
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference
Timing /Milestone
PaymentlContributionlDedication
Status
Circulation
Section 4.4
Landowner shall pay the Circulation Enhancement
Landowner shall pay the Circulation Enhancement
Indicate payment(s) below (if
Enhancements to
Paragraph 2
Contribution to City from time to time after the
Contribution to City from time to time after the Effective
applicable):
Public Right of Way
Effective Date, within thirty (30) days after receipt of
Date and Landowner will pay any balance to the City up
Amount paid by Landowner to City for
written request for reimbursement from City, with
to a maximum contribution of $2,500,000.00 less the cost
Circulation Enhancement Contribution
any balance to be paid to City on the date that is
for any improvements constructed by Landowner.
as of (date): December 31, 2013
sixty (60) months after the Effective Date (the
Contributions shall be paid by Landowner upon receipt of
$1,905,803
Effective Date is January 18, 2008) regardless of
invoices from the City.
whether City has incurred the cost for the foregoing
Date that is 60 months after the
improvements.
Effective Date: January 18, 2013
Amount of balance paid by Landowner
Alternatively, Landowner and City may mutually
to City as of (date)
agree upon arrangements for Landowner to use the
Circulation Enhancement Contribution to construct
Responsible Party: Irvine Company
the foregoing improvements subject to City's
® Completed
approval.
or
COMPLETE
2 3
❑Check this box if Landowner and
City mutually agree for Landowner to
use contribution to construct
improvements.
Date:
Amount used to construct improvements
as of December 31.2013:
$676,222
Responsible Party: Irvine Company
® Completed
Dedication of Public
Section 4.5
At such time as City provides legal descriptions for
Landowner shall provide an offer of dedication to City for
Responsible Party: Irvine Company
Rights of Way
Paragraph 1
the public rights of way, which descriptions shall be
the additional public rights of way necessary for
® Completed
consistent with the design of the circulation
circulation improvements on the north side of San Miguel
improvements for said public right of way.
Drive between MacArthur Boulevard and Avocado
No longer applicable due to dedication
Avenue and on Avocado Avenue between San Nicolas
of Avocado parcel on October 17, 2008,
C O
0 0
Drive and San Miguel Drive.
Please see Section 4.5 of the Development Agreement
as described in Section 4.6 Paragraph 1
below. Avocado parcel dedication
documented in 2008 Annual Report.
for additional information.
Annual Report — 2013 9
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23
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
Timing /Milestone
PaymentlContributionlDedication
Status
Dedication of Public
Section 4.5
At such time as City provides legal descriptions for
Landowner shall convey the public right of way to City
❑ Check this box if the Landowner has
Rights of Way
Paragraph 1
the public rights of way, which descriptions shall be
(through the recordation of an offer of dedication without
recorded an offer of dedication to the
consistent with the design of the circulation
any restrictions or qualifications) free and clear of all
City without any restrictions or
improvements for said public right of way.
recorded and unrecorded monetary liens, any delinquent
qualifications.
property taxes or assessments, and all tenancies,
lessees, occupants, licensees, and all possessory rights
of any kind or nature.
Responsible Party: Irvine Company
0 Completed
C O
On ONE'
In addition, upon the conveyance, there shall not be any
violation of any law, rule, or regulation affecting the public
right of way or its use, including any environmental law or
regulation, and Landowner shall be responsible for
causing said condition to be satisfied.
No longer applicable due to dedication
of Avocado parcel on October 17, 2008,
as described in Section 4.6 Paragraph 1
below. Avocado parcel dedication
documented in 2008 Annual Report.
Open Space
Section 4.6
Landowner shall dedicate to City (through the
Landowner shall convey the Open Space Parcel for open
Check below if the answer to (1) or (ii) is
Dedication
Paragraph 1
recordation of a grant deed) the open space parcel
space or public facilities purposes, to City free and clear
"yes."
in Newport Center comprised of approximately 3.18
acres of land area, bounded on the north by the
Orange County Transportation Authority site, the
east by MacArthur Boulevard, the south by San
Miguel Drive, and the west by Avocado Avenue
( "Open Space Parcel "),within thirty (30) days after
the earliest of the following: (i) City has awarded a
construction contract for the construction of City Hall
at any location within the City or (ii) the option to
purchase the Option Site has terminated as
provided in Section 4.8.1 of Development
Agreement No. DA2007 -002.
of all recorded and unrecorded monetary liens, any
delinquent property taxes or assessments, and all
tenancies, lessees, occupants, licensees, and all
possessory rights of any kind or nature.
❑ (i) City has awarded a construction
contract for the construction of City Hall
at any location within the City
Date: Not Applicable
® (ii) the option to purchase the Option
Site has terminated as provided in
Section 4.8.1 of Development
Agreement No. DA2007 -002.
Date: 5127/08
Within 30 days after the earliest of one
of the two events listed above,
Landowner shall dedicate to City
(through the recordation of a grant deed)
the open space parcel in Newport
O
F
E T E 20080'
Center comprised of approximately 3.18
Ln� �
L�
acres of land area
® Check this box once the grant deed
has been recorded.
Date: October 17.2008
Open Space
Section 4.6
Not specified
Landowner shall, at its sole cost and expense, cause a
® Check this box once Landowner, at
Dedication
Paragraph 1
title company selected by City to issue to City an owner's
its sole cost and expense, has caused a
policy of title insurance for the Open Space Parcel with
title company selected by City to issue
ON
20080
liability in an amount reasonably determined City (but
not exceeding . the fair market value of the Open Space
to City an owner's policy of title
insurance for the Open Space Parcel
Parcel) showing fee title to the Open Space Parcel
Date: October 17, 2008
vested in City, free and clear of the liens, rights, and
encumbrances referred to in Section 4.6 of Development
Responsible Party: Irvine Company
Agreement No. DA2007 -002.
Annual Report — 2013 10
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 January 2014
24
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference
Timing /Milestone
PaymentlContributionlDedication
Status
Retrofit Sprinkler
Section 4.9
The Newport Center Drive system retrofit shall be
Landowner shall retrofit the existing sprinkler systems in
Check each box below upon
Systems
Paragraph A
completed by June 2008.
the Newport Center Drive parkways and medians to low
implementation of the corresponding low
flow technology with the following specifications:
flow technology listed to the left.
(1) The control system must monitor and adjust itself not
® (1)
less than daily, using either evapotranspiration rates for
® (2)
CRIFIO
LETE
O
the Corona del Mar microclimate or sail moisture levels
monitored at enough locations in the irrigation area as to
3
®( )
cover each soil and slope type in Newport Center.
® (4)
(2) The control system must adjust to rain conditions to
limit or eliminate watering during rain events.
® Check this box once the Newport
(3) The sprinkler heads must eliminate overspray onto
Center Drive system retrofit is
roads, sidewalks, and other hardscape either by using
completed.
highly targeted heads that only water the plant material or
Date: November 1, 2008
by using a sprinkler -like wicking system, such as the
Jardiniere system
Responsible Party: Irvine Company
(4) The performance of the sprinkler systems must be
monitored on a regular basis. Landowner agrees to install
flow meters to detect line and/or sprinkler head breaks
when wireless flow meter technology is proven and
commercially available.
Retrofit Sprinkler
Section 4.9
The Fashion Island retrofit shall be completed in
Landowner shall retrofit the existing sprinkler systems in
Check each box below upon
Systems
Paragraph A
phases in conjunction with the water quality
the landscape areas within Fashion Island to low flow
implementation of the corresponding low
enhancements in Section 4.9B of the Development
technology with the following specifications:
flow technology specification listed to
Agreement.
(1) The control system must monitor and adjust itself not
the left.
less than daily, using either evapotranspiration rates for
® (1)
the Corona del Mar microclimate or soil moisture levels
® (2)
monitored at enough locations in the irrigation area as to
® (3)
cover each soil and slope type in Newport Center.
The control system must adjust to rain conditions to
®(4)
OMPLETE
0 O �
limit or eliminate watering during rain events.
limit
(3) The sprinkler heads must eliminate overspray onto
® Check this box once the Fashion
roads, sidewalks, and other hardscape either by using
Island retrofit is completed
highly targeted heads that only water the plant material or
Date: December 2009
by using a sprinkler -like wicking system, such as the
Jardiniere system
Sprinkler retrofit is 100% complete.
(4) The performance of the sprinkler systems must be
Responsible Party: Irvine Company
monitored on a regular basis. Landowner agrees to install
flow meters to detect line and /or sprinkler head breaks
when wireless flow meter technology is proven and
commercially available.
Annual Report — 2013 11
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 January 2014
25
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
Timing /Milestone
Payment/Contribution/Dedication
Status
Fashion Island
Section 4.9
Not specified
Landowner commits to expend a minimum of $1 million
For the year 2013, indicate the amount
Water Quality
Paragraph B
to enhance the water quality treatment (which could
expended to enhance the water quality
Enhancements
include bio -f Itration, media filtration or other technology)
treatment of those surface parking areas
of those surface parking areas of Fashion Island which
in Fashion Island:
are not otherwise included within the new development or
$136,048 (for 2013)
redevelopment projects.
$983,374 (Cumulative Total — see
Landowner has full discretion as to the treatment
page 17 for additional information)
methods utilized and improvement phasing, to ensure
The amount spent above is as of
that the improvements integrate with the water quality
December 31, 2013.
treatment plans of the new development areas.
Responsible Party: Irvine Company
Fashion Island
Section 4.9
Annually. The first report is due by January 18, 2009
Landowner agrees to make annual reports to the City
® Check this box when the 2013
Water Quality
Paragraph B
(one year after the Effective Date of January 18,
regarding the progress of these enhancements including
Annual Report is submitted to the City.
Enhancements
2008).
the work performed and the amount expended.
Date: January 21, 2014
Maintenance was conducted on the
water quality treatment systems. See
page 17 for additional information for
year2013.
Responsible Party: Irvine Company
Cooperation of
Section 4.10
If City elects to construct a new City Hall on the
Landowner shall cooperate in good faith with City to
® Check this box if the City elects to
Landowner if City
Paragraph 1
property located on the east side of Avocado
implement any necessary land use regulations, including
construct a new City Hall on the site
Hall Constructed on
Avenue, north of the Central Library
zoning amendments, and to release and terminate the
north of the Central Library.
Property North of
use restrictions contained in the deed for the property to
® Check this box once Landowner has
Library
allow for and accommodate construction of a new City
cooperated in good faith with the City
CNIF
E 200
all on that site.
use h strictions c and terminated the
use restrictions contained in the deed for
O
property.
Date: May 20, 2008
Responsible Party: Irvine Company
Dedication of Lower
Section 4.11
Upon issuance of the First Building Permit
Landowner shall dedicate to City the Lower Castaways
❑ Check this box once the first building
Castaways
Paragraph 1
site for municipal or municipally sponsored uses allowed
permit has been issued.
0 P
OO
A IIF
O 0 O 9
under the General Plan's Recreational Marine
Commercial designation, such park, marine
educational facility, marine research and conservation
Date: Not Applicable
Ca Check this box once the Lower
Castaways has been dedicated
site
to
facility, or marine and harbor dependent service and
the City
support uses and other similar uses in furtherance of the
Date: October 17, 2008
Tidelands Trust.
Responsible Party: Irvine Company
Annual Report — 2013 12
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 January 2014
20
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference
Timing /Milestone
PaymentlContributionlDedication
Status
Dedication of Lower
Section 4.11
Not specified
The property shall have a deed restriction in favor of
® Check this box once a deed
Castaways
Paragraph 1
. Certificate of use and occupancy for 100m
Landowner which shall restrict the City's use of the
restriction has been issued in favor of
COMPLE'TE
O O
property to such uses listed in the row above), and allow
the City to contract with a for profit or non-profit entity to
the Landowner for the Lower Castaways
y
site
AHIP
. Certificate of use and occupancy for 200"
operate certain municipal facilities or to use the property
Date: October 17.2006
890
in furtherance of such uses; provided that the City may
Responsible Parties: Irvine Company
" Certificate of use and occupancy for 3001^
not transfer the property, by sale or long term lease to
and the City of Newport Beach
market rate unit / one -third of required units.
any private, for -profit company for any commercial boat
200^ market rate unit
Affordable housing agreements will be executed and
marina.
Date:
Ongoing Obligations and Public Benefits
The table below lists ongoing obligations from Irvine Company and additional public benefits resulting from Development Agreement
No. DA2007 -002 referenced above and as amended in August 2012. Ongoing obligations and public benefits listed in the table below
are from various sections of the Development Agreement, not including Section 4, Public Benefits.
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference
Timing /Milestone
PaymentlContributionlDedication
Status
Implement and
Section 3
Implementation schedule:
TIC must implement and document compliance with
Check the appropriate box once an
Document
. Certificate of use and occupancy for 100m
the Affordable Housing Implementation Plan ( "AHIP ")
affordable housing agreement has been
Compliance with
market rate unit / one -third of required units.
as amended and adopted in August 2012.
executed and recorded for each phase
AHIP
. Certificate of use and occupancy for 200"
below
market rate unit / one -third of required units.
100' market rate unit
" Certificate of use and occupancy for 3001^
Date:
market rate unit / one -third of required units.
200^ market rate unit
Affordable housing agreements will be executed and
Date:
recorded at each phase identified above for any units
300th market rate unit
constructed on the Child Time site and for designated
Date:
affordable units in The Bays apartment complex
Responsible Party:
before the point where a certificate of use and
Irvine Company
occupancy is issued for the related market rate units.
Pubic Benefit Fee
Section 6
A fee shall be paid for the 4310 unit and all
A total of $63,000.00 per unit for the additional 94
Building permit issuance for units 431
(Amendment)
subsequent units at the time the building permit is
units approved in 2012 shall be paid. The total
through 524.
issued
payment is $5,922,000.00
Date:
Payment:
Responsible Party: Irvine Company
Annual Report — 2013 13
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 January 2014
27
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
Timing /Milestone
Payment/ContributionlDedication
Status
Public Benefit Fee
Section 7
Prior to issuance of each building permit a Public
TIC shall pay $26,046.51 per unit for each of the
Amount paid by TIC to City for Public
for Parks
(Amendment)
Benefit Fee for parks shall be paid on or before
additional 94 residential units added to the NNCPC.
Benefit Fee for Parks:
July 1, 2013.
$
Date:
Responsible Party: Irvine Company
Development of
Sections 6.7 and
TPO approval and compliance with the fair share
Since the City will not be developing the Option Site
® Check this box when TPO approval
Option Site with
7.1
traffic fee requirements must occur before TIC can
with 72,000 square feet:
and compliance is attainted
72,000 Square Feet
of office use
develop the Option Site.
TIC must conduct a traffic analysis, provide traffic
Date: August 7, 2008
mitigation in compliance with the Traffic Phasing
Responsible Party: Irvine Company
OM
� LETE
200 �
Ordinance ('TPO "), pay the applicable Fair Share
Traffic Fees, and obtain TPO approval from the
Planning Commission (appeal goes to City Council)
before it can develop the Option Site with 72,000
square feel of office use.
Complete
Section 7.3
No later than the earlier of: (1) the date the City
Complete construction of a third eastbound left turn
® Check this box once lane
Construction of a
issues the certificate of occupancy for any new
lane at the intersection of MacArthur Boulevard and
construction is complete
T ' st
Tu one
It do
❑
a Fi it ' Per t (
ficel ex the uil e i t
P
ar mg t uct e , or (2) da th is nt
San Joaquin Hills Road (within the existing right of
way except for an needed dedication at the
y P Y
southwest corner).
Date: October 2012
Responsible Party: Irvine Company
P rtY P Y
Ma ur
and San Joaquin
he a e.
60 months after the Effective Date is January 18,
Hills Road
2013 (60 months after January 18, 2008).
Reimbursement for
Section 8
Payment by Landowner to City within 90 days after
No more than $200,000.00 reimbursement for actual
Amount paid by Landowner to City:
Bayside Walkway
(Amendment)
receipt of written notice that contract for project
costs for plans, specifications, permits and/or
$
Connection
construction has been awarded.
construction.
Date:
Responsible Party: Irvine Company
Annual Review of
Section 14
First annual review (including an updated tracking
The parties must conduct annual review of
® Check this box once the first annual
Compliance with
chart of built intensity and provision of public
compliance with California Government Code
review has taken place
Code Sections
benefits) must take place by January 18, 2009 (one
sections 65865 and 65865.1 and City of Newport
Date: January 16, 2009
year after the Effective Date of January 18, 2008).
Beach Municipal Code §15.45.070.
(City Council approval February 24,
COMPLETE
200
TIC must document the current status of its
entitlement use (i.e., a tracking chart of built intensity)
and its provision of the public benefits identified in
2
Responsible Party: Irvine Company
Section 4 of the Development Agreement.
Annual Report — 2013 14
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 January 2014
22
City Concurrence
By signing below, the City acknowledges its concurrence with the information presented in the
Annual Report.
City Acknowledgement
Signature Date
Title
Annual Report Distribution
A complete Annual Report for North Newport Center shall be completed and distributed no later
than January 18 following each prior year to the individuals listed below.
City of Newport Beach
100 Civic Center Drive
Post Office Box 1768
Newport Beach, California 92658 -8915
Attn: City Manager
City of Newport Beach
100 Civic Center Drive
Post Office Box 1768
Newport Beach, California 92658 -8915
Attn: City Attorney
Irvine Company
550 Newport Center Drive
Newport Beach, California 92660 -0015
Attn: Dan Miller
Latham & Watkins LLP
600 West Broadway, Suite 1800
San Diego, California 92101 -3375
Attn: Christopher W. Garrett
Annual Report — 2013 15
North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 January 2014
�
9
4.4 Circulation Enhancements to Public Right of Way
Section 4.4 of the North Newport Center Zoning Implementation and public Benefit Agreement requires that individual enhancement projects be
established through discussion with the City of Newport Beach Director of Public Works. The table below lists the individual projects resulting from those
discussions and the actual or estimated cost for individual project components as of December 31, 2013. Projects 1-4 were completed in 2012. Project 5
was completed in 2013. As shown in the table, the total Irvine Company contribution through a combination of direct construction costs and reimbursement
to the city exceeded the established maximum requirement of $ 2,500,000.
North Newport Center— Circulation Enhancements to Public Right of Way
Transportation Improvements Program
December 31, 2013 Status Update
1 As established in Section 4.4 of the 2011 North Newport Center Annual Report
2 Per North Newport Center, "Zoning Implementation and Public Benefit Agreement"- Section 4.4 (December 18, 2007)
5 Excluding City contributions of $125,000 (City Hall costs for Farallon City Hall site entry)
4 Direct costs to Irvine Company incurred outside of City Contract
5 Based on Contract awarded (6114111) including $51,000 of contingencies
6 Per Tony Brine's September 13, 2013 e-mail
7 Per $90,000 final cost, consisting of $51,200 in contractor costs (per 9113113 e-mail from Tony Brne) and $38,800 spent by Irvine Company on project development and design
9 Per Irvine Company documentation
9 Perfinal contract costs provided by Irvine Company
10 Per Irvine Company's final project cost fordesign and construction
11 The total amount paid /contribute by Irvine Company, therefore, exceeds the Maximum Contribution by $85,02.
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3O
Cumulative CEC Total
Potential Contribution
Potential CEC
(Maximum Contribution
Remaining CEC
Project
Estimated Project Cost'
Contribution
Limited To $2,500,000)2
Commitment
1. San Miguel Widening and Intersection Improvements (MacArthur to west of
Avocado) including:
- Signal modifications at MacArthur and Avocado
- Relocation of NW corner entry monument and pine tree replacement
Contract Cost = $ 1,355,6503
City Reimbursement = $ 905,320
CIOSA Funding = 450,330
Additional Costs = 42,8884
(Complete 2012
Remaining Cost = $ 905,320
Total Contribution = $ 948,208
$948,208
$1,551,792
2. Upgrade Existing Newport Center Traffic Signals (City Project No.
C3002009) including:
- Interconnection of Signals
- Traffic Signal @ Anacapa/Newport Center Drive (Partial)
- Signal Modifications @ San Miguel /Newport Center Drive (Complete)
(Complete 2012
$920,9645
$910,4836
$1,858,691
$641,309
3. Newport Center Drive Parking Revisions
(Complete 2012)
$90,000
$90,000,
$1,948,691
$551,309
4. Add fourth leg to Center Drive intersection with Newport Center Drive and
signalize
(Complete 2012
$300,0008
$354,4969
$2,303,187
$196,813
5. Operational Improvements to streets adjacent to Blocks 500 and 600 of
Newport Center Drive (Santa Rosa Revisions - Built by Irvine Company)
(Complete 2013)
$240,828
$278,83810
$2,582,02511
-0-
1 As established in Section 4.4 of the 2011 North Newport Center Annual Report
2 Per North Newport Center, "Zoning Implementation and Public Benefit Agreement"- Section 4.4 (December 18, 2007)
5 Excluding City contributions of $125,000 (City Hall costs for Farallon City Hall site entry)
4 Direct costs to Irvine Company incurred outside of City Contract
5 Based on Contract awarded (6114111) including $51,000 of contingencies
6 Per Tony Brine's September 13, 2013 e-mail
7 Per $90,000 final cost, consisting of $51,200 in contractor costs (per 9113113 e-mail from Tony Brne) and $38,800 spent by Irvine Company on project development and design
9 Per Irvine Company documentation
9 Perfinal contract costs provided by Irvine Company
10 Per Irvine Company's final project cost fordesign and construction
11 The total amount paid /contribute by Irvine Company, therefore, exceeds the Maximum Contribution by $85,02.
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4.9 B. Fashion Island Water Quality Enhancements - Fashion Island Parking Areas
Fashion Island WQMP Master Plan and Treatment - A master treatment plan has been created
for all parking lot surface areas in Fashion Island, taking into consideration timing of development
phasing, maximizing treatment potential for non - development areas and implementing
construction efficiencies for cost minimization.
Technical oversight on treatment design and selection to meet State Water Quality Treatment
requirements utilizing bio- retention, media filtration and other technology was provided by Stantec
Civil Engineering, NMG Soil Engineering and Geosyntec Engineering, a leading bio- retention
engineering company.
The proposed treatment plan when fully implemented would treat 95% of the parking lot surface
areas and 95% of building and hardscape areas. The treatment design will include four bio -
retention systems and six media cartridge vault systems designed to treat a total tributary area of
1,687,617 square feet of surface parking area, including 1,539,099 square feet of Non -
Development area. An additional 1,283,180 square feet of retail building area, including
1,096,658 square feet of Non - Development area, will be treated as a result of utilization of
existing storm line systems. Nineteen percent of non - development tributary area will be treated by
bio- retention systems with the remaining 81% treated by media cartridge vault. Additional water
quality improvements will occur in future years.
The following tables identify the Non - Development water quality treatment from 2008 through
December 31, 2013, and the compliance to date with Section 4.9, Paragraph B of the
Development Agreement. Water quality treatment costs in 2013 include maintenance of the water
quality treatment systems.
Fashion Island Non - Development Water Quality Treatment - 2013
Compliance To Date, Section 4.9, Paragraph B - Development Agreement
Commitment
Existing Enhancement
Non -
Commitment
To -Date
Remaining Commitment
$1,000,000
$847,326
$136,048
$983,374
$16,626
Tributary
Development
Installation
Operational
Total Cost
Total Cost
Total Cost
Total Cost
Total Cost
Total Cost
Location I Name
Area (sf)r
Area (s02
Cost
Cost
Total Cost
2008
2009
2010
2011
2012
2013
1
Bldg.B
299,623
174,240
$121,709
-
$121,709
-
-
-
-
$121,709
-
and C
3
324,251
16,273
$10,932
-
$10,932
-
$10,932
-
-
-
Frontage
3
Bldg. D
58,735
4,000
$88,748
-
$88,748
-
-
-
-
$88,748
4
PS2
160,453
102,727
$99,020
-
$99,020
-
$99,020
-
-
-
-
56
Center
406,642
349,787
$217,957
-
$217,957
-
-
-
-
$217,957
Drive
7,8
Eastside
871,133
432,234
$282,158
$250
$282,408
$112,961
$169,447
Maintenance
-
-
-
-
-
-
-
$34,000
$34,000
$47,300
$47,300
Total
1 $731,776
$250
1 $732,026
1 $112,961
1 $279,399
$34,000
$34,000
$386,966
$136,048
1 This figure represents the total area treated and includes Development and Non - Development areas.
2 This figure represents only the Non - Development parking lot surface areas treated.
Compliance To Date, Section 4.9, Paragraph B - Development Agreement
Commitment
Existing Enhancement
2013
Enhancement
Commitment
To -Date
Remaining Commitment
$1,000,000
$847,326
$136,048
$983,374
$16,626
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